Agenda packet — Oxnard City Council, March 21, 2023 (part 1 of 9)

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street March 21, 2023
Closed Session - 4:30 PM
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 830 9736 0300

3. Passcode: 982865
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN-PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/citymeetings. *Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
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b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 2900 Saviers Road (APN 219-0-018-035)
Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager; Alex Nguyen, City Manager
Negotiating Party: BV Oxnard, LLC
Under Negotiation: Price and terms of payment
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)

1. City Manager Department
SUBJECT: Presentation by Kai Luoma, Executive Officer for the Ventura Local Agency Formation Commission (LAFCo).
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RECOMMENDATION: That the City Council receive and file a presentation by Kai Luoma, Executive Officer for the Ventura Local Agency Formation Commission (LAFCo), providing an introduction to and overview of LAFCo.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 31, 2023 as "Cesar E. Chavez Day."

2. SUBJECT: Presentation of a Commendation to the Oxnard Performing Arts & Convention Center on the occasion of their 55th Anniversary.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. City Attorney Department
SUBJECT: Termination of Local Emergency Due to COVID-19.

RECOMMENDATION: That the City Council adopt a resolution proclaiming the termination of a local emergency due to COVID-19.

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

2. City Attorney Department
SUBJECT: Termination of Local Emergency Due to Severe Storms.

RECOMMENDATION: That the City Council adopt a resolution proclaiming the termination of a local emergency due to severe storms.

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 21, 2023 PAGE 4
take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

1. City Manager Department
SUBJECT: Appointment of Member to Serve on the City's Parks, Recreation, and Community Services Commission. (5 minutes)
RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Oscar Hernandez to serve on the Parks, Recreation, and Community Services Commission representing District 5.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Qt_GRZLiU9o
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
J. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the February 7, 2023, February 11, 2023, and February 21, 2023 regular meetings as presented.

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

2. Police Department
SUBJECT: Agreement for Police School Resource Officer Services.

RECOMMENDATION: That the City Council approve and authorize the City Manager to enter into a cost-sharing agreement between the City of Oxnard (City), and the Oxnard School District (OSD or District), from July 1, 2023, to June 30, 2026, for Police School Resource Officer (SRO) Services.
(The Community Services, Public Safety, Housing, and Development Committee approved 3-0 on February 14, 2023, to approve the staff recommendation and to forward the item for Council approval.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

3. Public Works Department
SUBJECT: Public Project Construction Agreement 32300238 with 101 Roofing & Construction, Inc. for the Performing Arts Community Center Roof Replacement Project, Specification No. PW 23-34.
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RECOMMENDATION: That the City Council approve and authorize the following for a total of $807,021.69 in Project funds for the Performing Arts Community Center Roof Replacement Project (Project No. C2248):

1. Execute an Agreement with 101 Roofing & Construction, Inc. in the amount of $620,785.92 for the Project;

2. Authorize a Project contingency amount of $124,157.18 with 101 Roofing & Contracting, Inc. for a total not to exceed value of $744,943.10 for the Project; and

3. A Project allocation amount of $62,078.59 for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.) (This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 California Code of Regulations section 15301(d).)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Grant Resolution for FY 2022 Consolidated Appropriations Act Community Project Funding Grant Application for $500,000.

RECOMMENDATION: That the City Council adopt a resolution authorizing the City Manager or designee to submit a grant application to the U.S. Environmental Protection Agency for $500,000 in Community Grants funds for the City of Oxnard Water Transmission Line Project and execute grant agreements, if awarded; authorizing the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of the grant funds; and authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Professional Services Agreement 32300336 with Bureau Veritas Technical Assessments, LLC for Facilities Condition Assessment Report and Asset Management Program, Specification No. PW 22-127.

RECOMMENDATION: That the City Council approve and authorize a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC in the amount not to exceed $340,000 for a three-year term for Facilities Condition Assessment Report and Asset Management Program.
(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Housing Department
SUBJECT: Kitchen Rehabilitation Project at Public Housing Sites. 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

Approve and authorize the execution of a firm-fixed-price Agreement number A-8519 in the amount of $757,900 with MDJ Management, LLC to rehabilitate eighty-four kitchens at the "31-7 scattered public housing sites" using funds appropriated from the 2020 Capital Fund grant. (The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 28, 2023 to approve the staff recommendation and to forward the item for Council approval.)
Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094

7. City Attorney Department
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.

Legislative Body: City Council
Contact: Stephen Fischer, Rose Chaparro, (805) 385-7483, (805) 385-7805

8. Public Works Department
SUBJECT: Public Project Agreement 32300257 with Blackpointe Group Construction & Management Inc. for On-Call 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.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

9. Public Works Department
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.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
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10. Fire Department
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.) Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

11. Fire Department
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.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

12. City Manager Department
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.) Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
M. PUBLIC HEARINGS

1. Housing Department
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.)
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Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lrR3NoWkkRE
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

2. Housing Department
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).

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/Sv0cm44I_ds
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

3. Housing Department
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 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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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
Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094

4. Housing Department
SUBJECT: Third Amendment to the 2021-2022 Annual Action Plan to Incorporate Supplemental HOME American Rescue Plan (ARP) funding. (20 minutes)
RECOMMENDATION: That City Council:

1. Conduct a public hearing and receive public comments relating to the HOME ARP Allocation Plan;

2. Approve the HOME ARP Allocation Plan, as a Third Amendment to the 2021-2022 Annual Action Plan;

3. Authorize the City Manager, and his designees, to submit the Third Amendment to the 2021- 2022 Annual Action Plan to the U.S. Department of Housing and Urban Development, including the required applications, certifications and other pertinent documents to complete the submitted items for federal approval;

4. Authorize the City Manager, and his designees, to approve the appropriations for the HOME American Rescue Plan funding for staff operations, approved projects and related consulting contracts, not to exceed $2,772,021; and

5. Authorize the City Manager and his designees to execute the appropriate agreements with the HOME American Rescue Plan partners, consultants, and contractors, allow the use in the administration of funds, and allow the adjustments to any future funding needs not to exceed ten percent of the award if the programs require more or less funding to meet their objectives. (This item is routine in nature and therefore, this item did not originate in the Committee.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-adSu-WLnoQ
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

5. Community Development Department
SUBJECT: Project Name: Freeway Adjacent Digital Display Billboards Ordinance: The project location is the U.S. Highway 101 adjacent property within the City of Oxnard City limit. (20 minutes)
RECOMMENDATION: That the City Council:
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1. Conduct a public hearing, and
Take the actions identified under one of the two following options:

Option 1 – Staff’s Recommended Action – Allowing up to four Freeway Adjacent Digital Display Billboards at least 100 feet away from residentially zoned parcels and at least 2,000 feet away from other Freeway Adjacent Digital Display Billboards:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-01; and b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-580-06 (Zoning Text Amendment) allowing for Freeway Adjacent Digital Display Billboards within the City of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code, subject to certain findings.

Option 2 – Planning Commission Recommendation – Allowing up to three Freeway Adjacent Digital Display Billboards at least 250 feet away from residentially zoned parcels and at least 2,500 feet away from Freeway Adjacent Digital Display Billboards:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-01; and b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-580-06 (Zoning Text Amendment) allowing for Freeway Adjacent Digital Display Billboards within the City of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code, subject to certain findings.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6YWWXKtBXSo
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

6. Community Development Department
SUBJECT: Project Name: RiverPark Boulevard Electronic Billboard Project; Located on an approximately 0.25-acre undeveloped site located between the U.S. 101 and RiverPark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard (APN: 132-0-311-075) and along the Ventura Freeway (Highway 101) in the RiverPark Specific Plan area. (30 minutes)
RECOMMENDATION: That the City Council:

1. Conduct a public hearing, and
Take the actions identified under one of the two following options:

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b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and c. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), subject to certain findings; and
d. Adopt a Resolution Approving Planning and Zoning Permit No. 20-500-07 (Special Use Permit) and overturn the Planning Commission’s Denial, subject to certain conditions and findings.

Option 2 – Planning Commission Recommendation – Denying the development of a Freeway Adjacent Digital Display Billboard:
a. Provide direction to City staff to return at a date certain meeting with the appropriate resolutions of denial for Planning and Zoning Permit Nos. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan), Planning and Zoning Permit No. 20- 670-06 (Development Agreement No. A-8515), and Planning and Zoning Permit No. 20- 500-07 (Special Use Permit).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8O39aFT6T0Y
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

7. Community Development Department
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area. (30 minutes) RECOMMENDATION: That the City Council:

1. Conduct a public hearing, and
Take the actions identified under one of the two following options:

Option 1 – Applicants’ Original Request/Staff’s Recommended Action – Allowing the development of a Freeway Adjacent Digital Display Billboard:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-02; and b. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-03; and c. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and d. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-05 (Development Agreement No. A-8516), subject to certain findings; and
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e. Adopt a Resolution Approving Planning and Zoning Permit No. 20-500-06 (Special Use Permit) and overturning the Planning Commission’s Denial, subject to certain conditions and findings.
f. Adopt Resolution declaring its intention to vacate its right, title and interest in an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard an direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday April 18, 2023 at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.

Option 2 – Planning Commission Recommendation – Denying the development of a Freeway Adjacent Digital Display Billboard:
a. Provide direction to City staff to return at a date certain meeting with the appropriate resolutions of denial for Planning and Zoning Permit Nos. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan), Planning and Zoning Permit No. 20- 670-05 (Development Agreement No. A-8516), Planning and Zoning Permit No. 20-500- 06 (Special Use Permit), and Planning and Zoning Permit No. 21-660-03 (Street Vacation).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/QLdwREOpx_8
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
N. REPORTS

1. Community Development Department
SUBJECT: City of Oxnard 2022 General Plan Annual Progress Report. (10 minutes) RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2022 General Plan and Housing Element Annual Progress Report. (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/ClkZH57-gGM
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

2. Finance Department
SUBJECT: FY 2022-23 Budget Mid-Year Review. (20 minutes) RECOMMENDATION: That the City Council:

1. Receive an update on the FY 2022-23 revenue and expenditure projections for major funds,

2. Recommend the City Council approve a budget appropriation request in the amount of $430,000 to General Fund (101) for the Fire Department and $533,218 to Golf Course Fund (651) for a total appropriation of $963,218; and
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3. Adopt a resolution approving amendments to the Position Control Resolution. (This item did not originate in a committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/svk09kCnV1U
Legislative Body: City Council
Contact: Denise Olson, (805) 200-5400

3. Fire Department
SUBJECT: Authorization to Submit a Grant Application to Federal Emergency Management Agency (FEMA) Fire Prevention and Safety (FP&S) Grant not to exceed $350,000 for the Purchase and Installation of Smoke and Carbon Monoxide Detectors. (20 minutes) RECOMMENDATION: That the City Council adopt a resolution authorizing:

1. The submission of a grant application to the Federal Emergency Management Agency (FEMA) Fire Prevention and Safety (FP&S) not to exceed $350,000 for the purchase and installation of smoke and carbon monoxide detectors with a 5% local match;

2. The City Manager or designee to execute the grant agreements if grant funds are awarded to the City;

3. The Chief Financial Officer or designee to submit financial reports and grant claims, approve budget appropriations during FY2023-2024 for the use of grant funds and perform all other required financial actions; and

4. The Fire Chief or designee to submit non-financial reports.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Ty5pjNf4ujo
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

4. City Manager Department
SUBJECT: Risk to the ERP Project related to Aaron Starr Lawsuit preventing City from Obtaining Council-Approved Bonds; Fifth Amendment to Project Management Contract; and Annual Report. (10 minutes)
RECOMMENDATION: That the City Council:

1. Approve using up to $2,500,000 from Fiscal Year 2022-23 General Fund to cash fund the portion of all FY 2022-23 Enterprise Resource Planning (ERP) project expenditures in excess of the initial bond proceeds received in prior fiscal years (with additional FY 2023- 24 General Fund as listed in budget to cash fund the FY 2023-24 ERP project expenditures if litigation remains pending that prevents City from issuing bonds); and

2. Approve and authorize the Mayor to execute a Fifth Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $2,120,000 for a new not to exceed contract amount of $4,720,000 and to extend the term from December 31, 2023, to December 31, 2024, for Project Management Services related to the Human Capital Management (HCM), Energov, Enterprise Asset Management (EAM), and Utility Billing phases of the City’s multi-year Enterprise Resource Planning (ERP) implementation; and
13 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 21, 2023 PAGE 14

3. Receive and file the ERP system annual report.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ZxsNqas93ec
Contact: Shiri Klima, (805) 385-7487
O. ADJOURNMENT
14 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. H.1
DATE: March 21, 2023
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Termination of Local Emergency Due to COVID-19.

RECOMMENDATION
That the City Council adopt a resolution proclaiming the termination of a local emergency due to COVID-19.

BACKGROUND
In response to the spread of COVID-19:

On March 4, 2020, the Governor proclaimed a State of Emergency to exist in California; On March 12, 2020, the Ventura County Health Officer declared a Local Health Emergency On March 13, 2020, the President of the United States declared a National Emergency; On March 13, 2020, the City Manager acting as the City's Director of Emergency Services ("Director") proclaimed the existence of a local emergency; and
On March 17, 2020, pursuant to Government Code Section 8630(b), the City Council adopted Resolution 15,304 ratifying the Director's proclamation.

In response to the local emergency, pursuant to Oxnard City Code Section 6-3, the Director promulgated the following orders:

On March 19, 2020, Director Order 20-01 temporarily staying evictions; On March 19, 2020, Director Order 20-02 suspending certain city requirements regarding building records, restrictions on delivery hours, restrictions on drive-thru hours, parking restrictions, penalties for late renewal of businesses tax certificates, termination of utility services, and the issuance of building permits; On March 26, 2020, Director Order 20-03 suspended certain regulations regarding alcoholic beverage businesses; On April 7, 2020, Director Order 20-04 temporarily closing certain parks and park facilities; On April 8, 2020, Director Order 20-05 temporarily allowing the use of recreational vehicles as housing for quarantined persons and essential workers;
On April 9, 2020, Director Order 20-06 establishing COVID-19 guidelines for construction activities; On April 10, 2020, Director Order 20-07 establishing citation procedures for violations of COVID-19 issued orders; On April 14, 2020, Director Order 20-08 extending certain permits and planning entitlements; On April 22, 2020, Director Order 20-09 regarding curbside pick up tent and sign regulations; On May 21, 2020, Director Order 20-10 allowing outdoor dining at certain establishments; On July 23, 2020, Director Order 20-12 allowing businesses to operate outdoors; On August 3, 2020, Director Order 20-13 suspending fees and penalties for late payment of CUPA fees; On May 7, 2021, Director Order 21-01 restoring enforcement of parking restrictions related to street sweeping; On May 7, 2021, Director Order 21-02 rescinding Director Orders 20-04, 20-05 and 20-07; On June 6, 2021, Director Order 21-03 rescinding certain sections of Director Order 20-02 (restoring certain penalties);
On March 14, 2022, Director Order 22-01 allowing shipping containers to be stored in the M-1 and M-2 zones for a period of no more than 12 months upon issuance of a temporary use permit; and 15 On March 29, 2022, Director Order 22-02 rescinding Director Orders 20-01, 20-02, 20-03, 20-06, 20-09, 20-10, 20-13 immediately and 20-08 and 20-12 effective June 30, 2022.

On February 28, 2023, the Governor issued a proclamation terminating the state’s COVID-19 State of Emergency.

Pursuant to Government Code Section 8630(d) and Section B. of Resolution 15,304, the local emergency exists until terminated by the City Council. Given the termination of the state’s COVID-19 State of Emergency, staff recommends Council adopt the resolution attached to this item to terminate the local emergency and rescind any previously issued Director Orders still in effect (Director Order 22-01).

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney, Stephen Fischer, City Attorney

ATTACHMENTS

1. Resolution Terminating COVID Local Emergency.v2
16 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
PROCLAIMING TERMINATION OF A LOCAL EMERGENCY DUE TO COVID-19 WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services (“Director”), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS, on March 12, 2020, the Ventura County Health Officer declared a Local Health Emergency in response to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency concerning COVID-19; and
WHEREAS, on March 13, 2020, in response to COVID-19 the Director proclaimed the existence of a local emergency; and
WHEREAS, pursuant to Government Code Section 8630(b), on March 17, 2020 the City Council adopted Resolution 15,304 ratifying the Director’s proclamation; and WHEREAS, pursuant to Government Code Section 8630(d), Oxnard City Code Section 6-3(B)(3), and Section B. of Resolution 15,304, the local emergency exists until terminated by the City Council; and
WHEREAS, on February 28, 2023, the Governor issued a proclamation terminating the state’s COVID-19 State of Emergency; and
WHEREAS, the spread of COVID-19 has decreased such that it no longer presents an imminent threat to health and safety warranting the proclamation of a local emergency. ///
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Resolution No.
17

Page 2 ends

NOW, THEREFORE, the City Council of the City of Oxnard, State of California, does hereby proclaim the termination of said local emergency. Any previously issued Director Orders promulgated by the Director of Emergency Services in response to the local emergency are hereby rescinded.

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
18 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. H.2
DATE: March 21, 2023
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Termination of Local Emergency Due to Severe Storms.

RECOMMENDATION
That the City Council adopt a resolution proclaiming the termination of a local emergency due to severe storms.

BACKGROUND
Government Code section 8630 and Chapter 6 of the Oxnard City Code ("OCC") empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services ("Director"), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session. On January 4, 2023, the Governor proclaimed a State of Emergency to exist in California as a result of the winter storms related to a series of atmospheric river systems that occurred and were forecast.

On January 8, 2023, the President of the United States of America declared a state of emergency in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding and mudslides.

Beginning on January 9, 2023, City staff dedicated resources to respond within Oxnard and to assist other agencies in responding to severe storms throughout the County. On January 18, 2023, the Director of Emergency Services proclaimed the existence of a local emergency due to severe storms. The proclamation was necessary to ensure that the City was eligible to apply for reimbursement for costs related to the City’s response to the emergency. The City Council ratified the Director's proclamation at a special City Council meeting on January 24, 2023.

The Police, Fire, and Public Works Departments closely coordinated the City's actions and staffing augmentations to ensure staff could meet the needs of our residents during this extraordinary weather event. This included having additional emergency response units and specialty-trained swift water rescue teams. Public Works had additional staff to manage road closures, flooding issues, and downed trees. The City's Emergency Operations Center (EOC) was activated at a monitoring level to assist in coordination and information sharing, both within the City and with our partners around the County.

The conditions that warranted the proclamation of a local emergency due to severe storms no longer exists.

Pursuant to Government Code Section 8630(d), the local emergency exists until terminated by the City Council. By adopting the resolution attached to this item, the Council will terminate the local emergency due to severe storms.

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
19 The Fire Department is working with FEMA to ensure the city is reimbursed for all allowable storm-related costs.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney, Stephen Fischer, City Attorney

ATTACHMENTS

1. Resolution Terminating Severe Storms Local Emergency.v2 20 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

PROCLAIMING TERMINATION OF A LOCAL EMERGENCY DUE TO SEVERE STORMS
WHEREAS, on January 4, 2023, the Governor proclaimed a State of Emergency to exist in California as a result of the winter storms related to a series of atmospheric river systems that occurred; and
WHEREAS, on January 8, 2023, the President of the United States of America declared a state of emergency in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding and mudslides; and
WHEREAS, severe winter storms commencing on or about January 4, 2023 created conditions of extreme peril to the safety of persons and property within the City and throughout the County of Ventura (“County”); and
WHEREAS, these severe storms caused damage within the City and throughout the County; and
WHEREAS, beginning on January 9, 2023, City staff dedicated resources to respond within Oxnard and to assist other agencies in responding to severe storms throughout the County, including making available additional emergency response units and specialty-trained swift water rescue teams, managing road closures, flooding issues, and downed trees, and activating the City’s Emergency Operations Center at a monitoring level to assist in coordination and information sharing, both within the City and throughout the County; and WHEREAS, on January 18, 2023, the Director of Emergency Services (“Director”) proclaimed the existence of a local emergency due to severe storms; and WHEREAS, on January 24, 2023, the City Council adopted a resolution ratifying the Director’s proclamation of a local emergency due to severe storms; and WHEREAS, the conditions that warranted the local emergency proclamation no longer exist; and
WHEREAS, pursuant to Government Code Section 8630(d) and Section B. of the resolution ratifying the Director’s proclamation, the local emergency exists until terminated by the City Council.
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Resolution No.
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Page 2 ends

NOW, THEREFORE, the City Council of the City of Oxnard, State of California, does hereby proclaim the termination of said local emergency.

PASSED and ADOPTED this 21st day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. I.1
DATE: March 21, 2023
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Appointment of Member to Serve on the City's Parks, Recreation, and Community Services Commission. (5 minutes)

RECOMMENDATION
That the Mayor, with the approval of the City Council, appoint Oscar Hernandez to serve on the Parks, Recreation, and Community Services Commission representing District 5.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Qt_GRZLiU9o

BACKGROUND
Oxnard City Code section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office. Section 2-37 states that each commissioner shall undergo the City's formal background check procedures before appointment.

DISCUSSION
The Parks, Recreation, and Community Services Commission (PRCSC) is concerned with all matters pertaining to the parks, recreation, and community services activities in the City. The PRCSC is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilwoman Basua nominates Oscar Hernandez to represent D5, who has passed the City's formal background check procedures.

Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City's CAGs, committees, and boards.

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 financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.
23 Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Appointment of Members to Serve on the PRCSC
24 Samantha Shapiro, Project Manager
Appointment of Members to Serve
on the City’s Parks, Recreation,
and Community Services
Commission
City Council
March 21, 2023
25 RECOMMENDATION 2
That the Mayor, with the approval of the City
Council, appoint Oscar Hernandez to serve on
the Parks, Recreation, and Community
Services Commission representing District 5.
26 3

PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
Function Is concerned with all matters pertaining to the parks, recreation and community services activities in the City and serves as a liaison between the City Council and the community on such matters.

Requirements 7 members must reside in City and be over age 18 Nomination Councilwoman Basua nominates Oscar Hernandez (D5) 27 THE END
28 4

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: March 21, 2023
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Approval of Minutes.

RECOMMENDATION
That the City Council approve the minutes of the February 7, 2023, February 11, 2023, and February 21, 2023 regular meetings as presented.

BACKGROUND
Approval of Minutes.

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 02 07 2023 CC Regular Meeting

2. MINUTES 02 11 2023 CC Regular Meeting

3. MINUTES 02 21 2023 CC Regular Meeting
29 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
February 7, 2023
A. ROLL CALL, POSTING OF AGENDA
At 5:01 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, (concurrently with the Oxnard Housing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Gabriela Basua joined the meeting at 5:11 p.m.

Housing Authority Commissioner Jose Andrade joined the meeting at 6:00 p.m. Commissioner Francisco Vega was absent.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Denise Shadinger, Assistant Chief of Police; Tim Kelley, Special Operations Commander; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Tim Beaman, Supervising Civil Engineer; Jeff Pengilley, P.E., CDD Assistant Director & Building Official; Kathleen Mallory, Planning & Sustainability Manager; Helen Miller, Chief Information Officer; Steve Naveau, Human Resources Director; Emilio Ramirez, Housing Director; Elsa Brown, Affordable Housing Manager; Terrel Harrison, Cultural & Community Services Director; Phillip Molina, City Treasurer; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; Beth Vo, Assistant Chief Financial Officer; Adam Smith, Project Manager; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. Starr
Court of Appeal, Second Appellate District, Division Six Case No. B314601 (Ventura County Superior Court Case No. 56-2020-00539039-CU-MC-VTA)
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.
30 FEBRUARY 7, 2023 OXNARD CITY COUNCIL PAGE 2
Legislative Body: City Council
At 5:03 p.m., the City Council recessed to a closed session. At 6:02 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that the City Council by a unanimous vote has directed the City Attorney to initiate an action. The action, the defendants, and the other particulars shall, once unsealed, be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

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

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of February, 2023 as "Black History Month."
Mayor Zaragoza read the proclamation and presented it to members of the MLK Committee of Ventura County: Wesley Harris, Tracy Harris, Camren Harris, Ryanna Harris, and Mark Campos. Also, Kimberly Kelly, Chapter President of the Ventura County Alumnae Chapter, Delta Sigma Theta Sorority, Inc., Farwest Region; Angela Mitchell Landers, Juneteenth Celebration of Ventura County; Regina Crawford, Ventura County Chapter of the NAACP; 20th Century Onyx Club; Community Advocacy Coalition; Omega Psi Phi Fraternity, Inc.; and Le’Shune Clark with the AKA Xi Kappa which made remarks. Black History Month remains a powerful symbolic celebration and a time for acknowledgement, reflection, and inspiration. The national 2023 Black History Month theme, “Black Resistance,” explores how African Americans have addressed historic and ongoing disadvantage and oppression, as evidenced by recent events.

Councilmembers followed with remarks. Public comments were received from Bruce Stewart from the Juneteenth Committee of Ventura County.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Ronald Arruejo, Planning Commissioner and Chair of the East Village Neighborhood Council (Announcement of the District 6 Special Election Candidate Forum); Lang Martinez, Homeless Advocate (LA Times Newspaper Article about the Homeless Crisis), Diana Velzy, Chair of INCO (locations for bulky item drop-off update), Rena Olmedo (700 block of Marbella Court, multiple street lights broken), and Luciano Morales (CEO of Gogo Scooters).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

City Manager Nguyen introduced Police Chief Benites who provided an update on the recent fires in the private property located along 5th Street and Harbor Boulevard and the surrounding neighborhoods.

This situation is due to homeless encampments in that area. There is weekly outreach by Police to offer services. Chief Benites that there is current litigation to determine ownership of the private property and next steps to resolve the situation.

1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services.

RECOMMENDATION: That the City Council re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the 31 FEBRUARY 7, 2023 OXNARD CITY COUNCIL PAGE 3
following findings: (i) the current COVID-19 situation, particularly with its variants, is causing, and will continue to cause, imminent risks to the health and safety of persons within the City, including City Council members, City staff, appointed officials, and members of the public; (ii) state and local officials continue to impose or recommend measures to promote social distancing; and (iii) the Governor's COVID-19 State of Emergency is still in effect; and (iv) numerous public agencies throughout Ventura County are still operating in accordance with Assembly 361, for the reasons stated herein.

Alexander Nguyen, City Manager and Stephen M. Fischer, City Attorney presented and provided an update on the Governor’s Covid-19 State of Emergency. No public comments were received.

It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello,Teran, and Zaragoza voted in favor; motion passed 6-0.

H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

Councilmembers sang happy birthday to Councilmember Basua.

Councilmember Teran announced the upcoming District 2 Neighborhood Council meetings. He thanked the Chicano Studies Research Center, City Manager Nguyen and City staff for a comprehensive study that is being conducted by the UCLA Chicano Studies Research Center at the City of Oxnard.

Mayor Zaragoza thanked the City Manager Nguyen for leading the UCLA Chicano Studies and the outstanding session held at Oxnard College. He also thanked City Manager Nguyen, Mayor Pro Tem MacDonald, Jack Villa, and Roger Poirier for leading the Town Hall Meeting for District 4. The event was well attended.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-5 were discussed among the Council and staff. Consent agenda item K.3 was pulled from the agenda.

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

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the January 3, 2023 regular meeting as presented.

2. Police Department
SUBJECT: Police Department Mobile Command Vehicle Purchase.

RECOMMENDATION: That City Council:

1. Approve and authorize the Purchasing Manager to execute a Purchase Order with Emergency 32 FEBRUARY 7, 2023 OXNARD CITY COUNCIL PAGE 4
Vehicles Incorporated (EVI) in the amount of $700,094.75

2. Approve the purchase and use of the mobile command vehicle as military equipment as defined by Government Code 7070(c)5
(Community Services, Public Safety, and Housing & Development Committee approved 2-0.)

3. Housing Department
SUBJECT: First Amendment to Agreement A-8434 for Housing Professional Services.

RECOMMENDATION: That the Housing Authority Board of Commissioners Approve and authorize the execution of the First Amendment to Agreement A-8434 with Nan McKay & Associates, Inc. for Housing Choice Voucher case management services, increasing the amount from $200,000 to $400,000 and extending the term by one year (The Community Services, Public Safety, Housing & Development Committee approved 2-0 on January 10, 2023)

4. Housing Department
SUBJECT: First Amendment to Agreement 9660-22-HO for Housing Contracts Administration Services.

RECOMMENDATION: 1. That the City Council:

1. Approve and authorize the execution of a First Amendment to Agreement 9660-22-HO with Michael Baker International to increase the not to exceed amount on their contract from $120,000 to $481,000; and

2. That the Housing Authority Board of Commissioners approve and authorize the Chairperson to use up to $164,000 in Housing Authority Funds to pay for Housing Contracts Administration Services under Agreement 9660-22-HO.
(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on January 10, 2023.)

5. Housing Department
SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2022.

RECOMMENDATION: That the City Council receive and file the 2022 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board.
(This item did not originate in Committee.)
Consent Items K.1, K.2, and K.5:

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

Consent Item K.3: This item was pulled from the agenda.

Housing Authority Consent Item K.4:
33 FEBRUARY 7, 2023 OXNARD CITY COUNCIL PAGE 5
It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Zaragoza and Commissioner Andrade voted in favor; motion passed 7-0.

L. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Monthly Investment Report for the Period Ending December 31, 2022.

RECOMMENDATION: That the City Council receive and file the report.

Phillip Molina, City Treasurer presented. No public comments were received. Report was received and filed, no formal action was required.

2. City Manager Department

SUBJECT: Conduct an Oral Discussion Regarding Shifting Gears; Making Adjustments to Align with Economic and Social Circumstances, and Make Decisions to Modify American Rescue Plan Act (ARPA) Projects, Council Priorities, and the Outlook on the City’s Restoration Budgets. (120 minutes)

RECOMMENDATION: That the City Council conducts a robust oral discussion and deliberation regarding the following:

1. The need for the City to shift gears and make adjustments to align with economic and social circumstances;

2. Modify ARPA projects;

3. Modify the timelines of Council priorities from five to seven years; and

4. Extend the Restoration Budgets from three to five years.

Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Michael Wolfe, Public Works Director; and Steve Howlett, Assistant Public Works Director presented and answered questions. Public comments and written comments were received from Bryan Rodriguez. Council provided direction to staff.

Report was received and filed, no formal action was required.

3. City Manager Department
SUBJECT: Water Policy and Related Litigation Update. (10 minutes)

RECOMMENDATION: That the City Council receive and file the Water Policy Report and Update on related Litigation.

This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code 21080(b)(4).
(Public Works and Transportation Committee approved 3-0.) Michael Wolfe, Public Works Director presented and answered questions. Shiri Klima, Deputy City Manager was also available to answer questions. No public comments were received. Report was received and filed, no formal action was required.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting 34 FEBRUARY 7, 2023 OXNARD CITY COUNCIL PAGE 6
at 8:55 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
35 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
Water Rates Workshop
February 11, 2023
A. ROLL CALL, POSTING OF AGENDA
At 10:07 a.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda.

Councilmembers Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Gabriela Basua joined the meeting at 10:11 a.m.

Staff members present in person were Alexander Nguyen, City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Michelle (Elle) McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; Omar Castro, Water Division Manager; Chris Peyton, Water Operations Manager; Abraham Maldonado, Water Resources Manager; Timothy Beaman, Supervising Civil Engineer; Jazmin Charlesworth, Administrative Services Coordinator; Dee Lai, Assistant City Clerk; and Rose Chaparro, City Clerk.

Consultant Steve Gagnon, P.E., Vice President at Raftelis Financial Consultants, Inc. also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. OPENING CEREMONIES
Pledge of allegiance to the flag of the United States.

C. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Ray Blattel (traffic issues).

D. REPORTS

1. Public Works Department
SUBJECT: Water Rates Workshop. (60 minutes)
RECOMMENDATION: That the City Council provide comments and feedback on the goals, variable input, structure options, and process for the proposed water rates. (This item is exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273.) 36 FEBRUARY 11, 2023 OXNARD CITY COUNCIL PAGE 2
Michael Wolfe, Public Works Director introduced Steve Gagnon, P.E., Vice President from Raftelis Financial Consultants, Inc., who presented and answered questions. Omar Castro, Water Division Manager was also available to answer questions. Public comments were received from Ray Blattel. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

E. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 12:06 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
37 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
February 21, 2023
A. ROLL CALL, POSTING OF AGENDA
At 5:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council (concurrently with the Oxnard Housing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Housing Authority Commissioner Jose Andrade joined the meeting at 6:00 p.m. Commissioner Francisco Vega was absent.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Jeff Pengilley, P.E., Community Development Assistant Director & Building Official; Emilio Ramirez, Housing Director; Albert Ramirez, Assistant Housing Director; Elsa Brown, Affordable Housing Manager; Denise Olson, Interim Chief Financial Officer; Beth Vo, Assistant Chief Financial Officer; Mark Sewell, Assistant Chief Financial Officer; Cesar Perfecto, Controller; Jennifer Yates, Purchasing Manager; Phillip Molina, City Treasurer; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.

Staff members Omar Castro, Water Division Manager; Kevin Thompson, Parks Manager; Marc Amon, Police Commander; and Samantha Shapiro, Project Manager participated via videoconference.

Auditor Eden Casareno, Partner In-Charge of Attest Services with Eadie + Payne LLP also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (5:30 PM)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
38 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 2
Property: 411 West Pleasant Valley Road (APN 205-0-320-225) Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager
Negotiating Party: Yong Lee; Soo J. Lee; Soo B. Lee
Under Negotiation: Price and terms of payment
Legislative Body: City Council

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 451 West Pleasant Valley Road (APN 205-0-320-235) Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager
Negotiating Party: Norma Rushing
Under Negotiation: Price and terms of payment
Legislative Body: City Council
At 5:33 p.m., the City Council recessed to a closed session. At 6:01 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that items C.1 and C.2 were reviewed and that there were no reportable actions out of closed session.

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

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Juan Magana (unsafe traffic conditions and concerns for student safety around school areas), Lang Martinez (LA Times article on the homeless crisis), Gary Davis, Secretary for the Oxnard Performing Arts Center Corporation Board (Oxnard Performing Arts Center & Convention Center recommendation to raze complex and construct a new, mixed-use campus, combining residential and commercial facilities).

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen provided community updates. Information was provided about the Utility Bill Assistance Community Workshops Program. Community workshops are being held to assist households with water utility bill assistance. For questions, contact the Community Action Ventura County at (805) 436-4000. The City of Oxnard District 6 Special Election will be held on Tuesday, March 7, 2023. Therefore, the regularly scheduled City Council meeting will be cancelled. The County of Ventura Department of Airports launches three noise studies for the Oxnard and Camarillo Airports. The first community information meetings for the Part 150 Noise Studies are scheduled for March 20, 2023 (Camarillo Airport) and March 21, 2023 (Oxnard Airport). For information visit: vcairports.org.

1. Public Works Department
SUBJECT: Reconsideration of Local Emergency Due to Ongoing Drought Conditions. 39 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 3
RECOMMENDATION: That the City Council adopt Resolution No. 15,664 confirming the need to continue the local emergency declared on May 17, 2022, due to drought conditions and lack of adequate water supply.
(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code section 21080(b)(4)).

Michael Wolfe, Public Works Director presented and answered questions. No public comments were received.

It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
Mayor Pro Tem MacDonald that this year, he will serve as the Board of Directors Chair for the Ventura County Transportation Commission (VCTC). He has stepped down as the Chair for the Gold Coast Transit District Board but will continue on the Board of Directors as a board member. He also announced that he has been re-selected as the Board Vice Chair for the Southern California Regional Rail Authority (Amtrak Pacific Surf liner). The agency that provides rail transportation in Southern California for residents of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura Counties. He hopes to be selected the Board Chair next year.

Councilmember Perello thanked the public speakers that participated in the meeting tonight. He attended a few Board meetings for agencies that he serves on, as well as Neighborhood Council meetings. There meetings were very informative. It was good to see the representation from the various neighborhoods, as well as the information provided at these meetings. He attended an 85 year old, a 30 year old, and a 3 year old birthday parties over the weekend. This gave him a perspective of the different stages and expectations of life and how Council’s decisions can impact lives. He made an announcement about the upcoming Disabled American Veterans Golf Tournament which is being sponsored by the Ventura Elks Lodge #1430. The second annual tournament is being held on Sunday, May 7 2023, at the Olivas Links Golf Course in Ventura.

Registration deadline is April 30, 2023.

Councilmember Madrigal participated in “Read Across America” for 2nd, 3rd, and 4th graders at Brekke Elementary School, Kamala Elementary School, and Juan Lagunas Soria Elementary School. He thanked the students and teachers for the work they do. He said that he is expecting a letter from the Kamala Elementary School students regarding their concerns about the Kamala Neighborhood and Kamala Park.

Councilmember Teran also thanked the public speakers in attendance at tonight’s meeting. He announced his attendance at the Sierra Linda Neighborhood Council meeting. He also plans to attend the Wagon Wheel, Riverpark and South Bank Neighborhood Council meetings as well. 40 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 4
He announced that a District 2 Town Hall meeting will be held on March 22, 2023, at Rio Vista School, which will be focusing on the City Manager’s presentation on disparity around job opportunities, advancement for career, and education for residents of Oxnard.

Mayor Zaragoza announced that he recently attended the Ventura County Air Pollution Control District meeting to protect public health and agriculture from the adverse effects of air pollution.

He also attended the Ventura Local Agency Formation Committee (LAFCO) meeting. Mayor Zaragoza also attended the Ventura County Family Justice Center meeting with District Attorney Erik Nasarenko, Sheriff Jim Fryhoff, City of Oxnard Police Chief Jason Benites were also in attendance at this two day event for the Family Justice Center in the City of Oxnard. Police Chief Benites serves on the Family Justice Center Oxnard Satellite Committee. The Ventura County Family Justice Center brings services, support and understanding to victims, survivors and their families and is working to improve the provision of services to victims of crime in Ventura County and committed to public safety, the pursuit of truth and justice, and ensures victims are protected. The state has earmarked $1 million to create an Oxnard satellite office of the Ventura County Family Justice Center. The pilot project in Oxnard would also be overseen by the Ventura County District Attorney’s Office.

1. City Manager Department
SUBJECT: Appointment of Members to Serve on the City's CAG's.

RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:

1. To Senior Services Commission: Clark Owens (D1);

2. To Community Relations Commission: Helaine Stallion (D1) and Tiffany Lopez (at large);

3. To Cultural Arts Commission: Teodoro Lopez (D1);

4. To Parks, Recreation and Community Services Commission: Miguel Fernandez (D1); and

5. To Planning Commission: Steven Nash (D1).

It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J.6 were discussed among the Council and staff.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) J. INFORMATION/CONSENT AGENDA
41 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 5

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the January 17, 2023 regular meeting as presented.

2. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only.

RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period June 1, 2022 through December 31, 2022.

3. Public Works Department
SUBJECT: Agreement 32300182 with MERITO Foundation, Agreement 32300196 with Reality Improv Connection, Inc. and Agreement 32300195 with KTU&A, Inc. for the Oxnard Beautification and Clean-up Program, Project C2317.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $734,832 in Project funds for the Oxnard Beautification and Clean-up Program:

1. A Professional Services Agreement with the MERITO Foundation in the amount of $219,001 for a term through June 30, 2024 for the Project;

2. A Professional Services Agreement with Reality Improv Connection, Inc. in the amount of $245,948 for a term through June 30, 2024 for the Project; and

3. A Professional Services Agreement with KTU&A, Inc. in the amount of $269,883 for a term through June 30, 2024 for the Project.
(Recommendation 1 is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations Section 15304(b); and Recommendations 2 and 3 are not projects subject to CEQA.) (This item did not originate in Committee as this is a grant-funded project.)

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

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

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

2. Agreement number A-8510 in the amount of $341,857.79 to replace the main electrical panels at the Plaza Vista public housing site using funds appropriated from the 2019 Capital Fund grant.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0.) 42 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 6

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

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

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

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

3. Approve the following new Measure O project with associated one-time funding:

Facilities Assessment - $340,000.
(The Measure O Citizen Oversight Committee reviewed this item on January 26, 2023, and determined that it should proceed to Council).

6. City Treasurer
SUBJECT: General Banking Services Agreement.

RECOMMENDATION: That the City Council receive and file the agreement with Bank of America in an estimated amount of $500,000 for an initial term of 3 years with an option to renew for 5 one-year periods.
(Finance and Governance Committee approved 3-0.)
Consent Items No. J.1, J.2, J.5 and J.6:

Consent Items No. J.3:

It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, and Zaragoza voted in favor; motion passed 5-0-1. Councilmember Teran abstained due to business relationship with previous employer.

Housing Authority Consent Item J.4:

It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Zaragoza and Commissioner Andrade voted in favor; motion passed 7-0. Housing Authority Commissioner Vega was absent. 43 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 7
K. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Substantial Amendment to the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing and receive comments related to the Substantial Amendment of the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans;

2. Approve a Substantial Amendment to the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans, reallocating Community Development Block Grant, Community Development Block Grant – Coronavirus, and HOME Investment Partnership funding;

3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the Amendments to the United States Department of Housing and Urban Development;

4. Authorize the City Manager and his designees, to execute the appropriate agreements with subgrantees, and to adjust any of the funding activity, not to exceed ten percent, if the programs require more or less funding to meet their objectives; and

5. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from public input to each of the aforementioned plans, as directed by the City Council, including amending any grant revenue and/or expenditure budgets to reflect the reallocations described in the 2022-2023 and 2020-21 mid-year budgets. (This item did not originate in Committee.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.

Emilio Ramirez, Housing Director presented and answered questions.

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

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

Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

L. REPORTS
44 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 8

1. Finance Department
SUBJECT: FY 21-22 Annual Comprehensive Financial Report and Summary Presentation.

RECOMMENDATION: That the City Council receive the FY 2021-22 Comprehensive Annual Financial Report (CAFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.
(This item is scheduled to be presented to the Finance and Governance Committee on February 14, 2023.)
(Presentation will be live upon consultant's request.)
Shiri Klima, Deputy City Manager introduced Eden Casareno, Partner In-Charge of Attest Services, Auditor with Eadie + Payne LLP, who presented and answered questions. Beth Vo, Assistant Chief Financial Officer was also available to answer questions. No public comments were received.

Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

2. Public Works Department
SUBJECT: Carryover of Encumbered Funds from Fiscal Year 2021-22 and Amended Budget Appropriations for Public Works for Fiscal Year 2022-23.

RECOMMENDATION: That the City Council approve:

1. The carryover of encumbered funds from Fiscal Year 2021-22 to Fiscal Year 2022-23 from available fund balances in the amounts of: A) $957,184 to the General Fund (101); B) $232,001 to the Wastewater Fund (611): and C) $115,181 to the Environmental Resources Fund (631) due to supply chain delays;

2. Fiscal Year 2022-23 budget appropriations from available fund balances in the amount of $115,811 to the Special Districts Fund (120) for new work and budget appropriation transfer of $7,300 from the General Fund (101) to Special Districts Fund (120) as the General Benefit contribution for applicable Districts; and

3. A Fiscal Year 2022-23 budget un-appropriation in the amount of $5,175,000 from the Water Bond Fund (609).
(The Finance and Governance Committee approved 3-0 and the Public Works and Transportation Committee approved 2-0.)
(This item is not subject to the California Environmental Quality Act.) Michael Wolfe, Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the 45 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 9
recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

3. Housing Department
SUBJECT: Authorize the Housing Director to Execute HOME and CDBG Loan Agreements with Peoples’ Self-Help Housing for Cypress Place at Garden City Phase I, a 90 Unit Affordable Rental Housing Project.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,665 authorizing the Housing Director to execute a $1,600,000 HOME Loan Agreement and a $1,500,000 CDBG Loan Agreement, and any and all related documents thereto, with Peoples’ Self-Help Housing for the construction of Phase I of Cypress Place at Garden City, a ninety (90) unit affordable rental housing project located at 5536 and 5482 Cypress Road; and

2. Find that approval of the resolution and the acts authorized therein are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code sections 21159.21 and 21159.23.
(This item did not originate in Committee.)
Emilio Ramirez, Housing Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

4. Information Technology Department
SUBJECT: Oxnard 311 - Performance Update Report.

RECOMMENDATION: That the City Council receive a City of Oxnard 311 constituent relationship management performance update for the period of performance year six (May 1, 2021, through April 30, 2022) and the first half of performance year seven (May 1, 2022, through October 31, 2022).
(Community Services, Public Safety, Housing & Development Committee approved 3-0.) Helen Miller, Chief Information Officer and Helen Johnson, Interim IT MGIS Manager presented and answered questions. Jason Benites, Police Chief and Marc Amon, Police Commander also answered questions. No public comments were received. Discussion ensued among the Council and staff.

Report was received and filed, no formal action was required.

5. Finance Department
SUBJECT: Discussion of the State Auditor’s 2021 Fiscal Health Ranking of California 46 FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 10
Cities.

RECOMMENDATION: That the City Council receive the State Auditor's 2021 Fiscal Health Ranking of California Cities.
(This item was presented to the Finance and Governance Committee on January 10, 2023.) Mark Sewell, Assistant Chief Financial Officer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:02 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
47 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: March 21, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Agreement for Police School Resource Officer Services.

RECOMMENDATION
That the City Council approve and authorize the City Manager to enter into a cost-sharing agreement between the City of Oxnard (City), and the Oxnard School District (OSD or District), from July 1, 2023, to June 30, 2026, for Police School Resource Officer (SRO) Services.
(The Community Services, Public Safety, Housing, and Development Committee approved 3-0 on February 14, 2023, to approve the staff recommendation and to forward the item for Council approval.)

BACKGROUND
The agreement sets forth guidelines between the OSD and the Oxnard Police Department to ensure an understanding of the goals of the SRO program and the District's commitment to reimburse the police department for a portion of the personnel costs associated with the program.

The District agrees to reimburse the Oxnard Police Department for the combined equivalent of 75% of personnel costs for two (2) SROs, including agreeing to fully reimburse the City for costs associated with staffing special school events.

School Resource Officer Program Overview
The SROs will serve the District with twenty-one (21) schools and approximately 15,000 students.

SROs assist school administrators in helping maintain a safe campus environment that is conducive to learning. SROs provide a visible presence to deter disturbances and identify trespassers on campuses. School officials rely on the training, knowledge, and experience of SROS to handle dangerous situations involving fights, weapons, and the identification of dangerous drugs. SROs also provide a service to the surrounding community by addressing concerns, such as loitering, speeding, and other traffic issues.

SROs are assigned to the District for three (3) years and their appointment follows the school's calendar year. The SROs handle police service calls in and around the school campuses, which provides relief to the department’s patrol division.

SROs handle a variety of issues, typically including assaults, drugs, alcohol, weapon violations, threats, bullying, child abuse, child custody, court orders, truancy, traffic issues, gangs, mental health issues, runaways, and conflict among parents. SROs are responsible for investigating violations of criminal law. When it is both necessary and appropriate, SROs enforce these laws by citing or arresting offenders, but favor prevention and intervention strategies, viewing enforcement as a last resort. SROs frequently engage in counseling sessions, meetings, and presentations that have meaningful impacts on students and parents.

The Agreement for Police School Resource Officer Services and Cost Sharing 48 The agreement involves the reimbursement to the City for the services of two police officers that provide enhanced police services to the OSD. In general, the City is reimbursed for 75% of personnel costs related to the two SROs. The District’s cost-sharing amount for one fiscal year is $235,851 (75% of the cost of the two officers).

The City shall submit to the District an invoice in the amount of $235,851 no less than 30 days prior to the end of each fiscal year for the 3-year term.

STRATEGIC PRIORITIES
This agenda item supports the 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 the health of our community.

FINANCIAL IMPACT
The SRO program costs and revenue generated through the 75% reimbursement from OSD will be included in the proposed General Fund budget of each fiscal year (FY2023-24, FY2024-25 & FY2025-26).

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

Prepared by: Luis McArthur, Police Commander

ATTACHMENTS

1. SRO Agreement with OSD FY 2023-2026 (3)

2. PowerPoint on SROs and OSD Partnership
49 Agreement No.

AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER SERVICES

AND COST SHARING

THIS AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER SERVICES (“Agreement”) by and between the City of Oxnard, a municipal corporation (“City”) and the Oxnard School District (“OSD” or “District”) is made and entered into as of July 1, 2023. City and District are sometimes individually referred to as “Party” and collectively as “Parties.” WHEREAS, the purpose of this Agreement is to maintain the School Resource Officer (SRO) program and to set forth guidelines to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program and that SROs receive the necessary support and training to ensure a safe school environment while respecting the rights of students and improving the overall school climate; WHEREAS, the parties agree that an effective SRO program sets forth: the role of the SRO within the context of the educational mission of the school; distinctions between disciplinary misconduct to be handled by school officials, and criminal offenses to be handled by law enforcement; respect for the rights of students; transparency and accountability; and minimum SRO training requirements;
WHEREAS, this Agreement focuses on the role of the SROs as it relates to students and faculty; it does not govern how SROs will conduct operations when dealing with adult nonschool district employees in and around a school facility; WHEREAS, the parties intend to work together to share costs and ensure the continuity of the School Resource Officer program on OSD school campuses.

City and District hereby agree as follows:

1. Scope of Services. The Oxnard Police Department (“OPD”) shall provide the services of one officer and one corporal to be assigned as School Resource Officers (“SROs”) to OSD elementary and intermediate school campuses. The SROs will work with OSD district staff as well as staff at individual elementary and intermediate schools to determine schedules and specific services at each school site. This will allow the activities and support provided by the SROs to be tailored to the specific needs of each school, and it will also provide for flexibility of the SROs’ law enforcement responsibilities and involvement with intracurricular and extracurricular activities.

2. Method of Performing Services. Subject to the terms and conditions of this Agreement, OPD personnel may determine the method, details, and means of performing the Services described herein as well as the duration of the Services. OPD shall perform services consistent with the SRO guidelines detailed in Exhibit A attached hereto and incorporated by this reference in full herein.
50 3. Cost Sharing; Reimbursement, Method of Payment. City and District agree that District shall be obligated to fund Seventy-Five percent (75%) of the cost to operate and administer the SRO program for FY 2023-2024, FY 2024-2025 and FY 2025-2026 and that City shall be obligated to fund the balance. City shall submit to District an invoice in the amount of Two Hundred Thirty-Five Thousand Eight Hundred and Fifty-One Dollars ($235,851) (total cost for one officer and one corporal) no less than thirty (30) days prior to the end of each fiscal year: June 30, 2024 for FY 2023-2024, June 30, 2025 for FY 2024-2025 and June 30, 2026 for FY 2025-2026.

City shall send invoices to: Valerie Mitchell, Interim Assistant Superintendent, Oxnard School District 1051 South A Street, Oxnard, CA, 93030. District shall, within thirty (30) days of receiving such invoice, review the invoice and pay all charges.

4. Nonexclusive Services. This Agreement shall not be interpreted to prevent or preclude OPD personnel from rendering any services to any other person or entity as City in its sole discretion shall determine. City agrees that performing such services will not materially interfere with services to be performed under this Agreement.

5. Reporting Requirements for District/School Staff of Suspected Child Abuse Committed by a District/School Employee. Reports of suspected child abuse which would include any sexual misconduct by any District/School employee shall be reported immediately, or as soon as practicably possible, to the designated SRO. In the event that the SRO is not available, the on duty Oxnard Police Department Watch Commander is to be contacted.

The police personnel receiving the report from the school district employee will make notification directly to the Family Protection Unit (FPU) Sergeant. This verbal notification to the SRO does not preclude the District/School from preparing and sending a fax or electronically transmitted written follow-up report within 36 hours of receiving the information concerning the incident (Form SS 8572 Suspected Child Abuse) or any other mandatory reporting requirements.

6. Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. This Agreement may be renewed for up to two (2) additional annual terms through mutually agreed upon contract amendments.

7. Termination. Either Party may, by written notice to the other, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the other Party of such termination, and specifying the effective date thereof, at least thirty (30) business days before the effective date of such termination. Upon termination of this Agreement, City shall be compensated for those Services that City has provided to District up to the effective date of termination.

8. Force Majeure. City and District agree that neither City nor District shall be responsible for delays or failures in performance resulting from acts beyond the control of either Party. Such acts shall include, but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations imposed after this Agreement was 51 executed, fire, communication line failures, earthquakes, or other disasters. 52 9. Mutual Indemnification. Each Party shall defend, hold harmless, and indemnify the other Party and its officers, directors, employees, agents and representatives against any and all loss, liability, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or cost of defense (including attorneys’ fees) for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or in connection with the indemnifying Party’s performance of this Agreement or failure to comply with any of its obligations contained in this Agreement. However, neither Party shall be indemnified hereunder for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct.

10. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

City:

Oxnard Police Department
251 South “C” Street
Oxnard, California 93030
Attention: Jason Benites, Assistant Chief of Police
District:

Oxnard School District
1051 South A Street
Oxnard, CA, 93030
Attention: Valerie Mitchell, Interim Assistant Superintendent Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

11. Governing Law. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Ventura, regardless of the order of signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County of Ventura, California. The Parties consent to the personal jurisdiction and venue of a federal or state court located within or for the County of Ventura, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens.

12. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

13. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be 53 construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period of performance shall be deemed calendar days and not work days unless otherwise specified. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All references to District include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of District, unless otherwise specified in this Agreement. The captions of the various paragraphs and sections are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

14. Assignment. The Parties may not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party.

15. Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

16. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

17. No Third Party Beneficiaries. This Agreement and the performance of the obligations hereunder are for the sole and exclusive benefit of City and District. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either City or District hereunder as a result of the Parties performance or nonperformance of their respective obligations under this Agreement.

18. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

20. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

21. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
54 22. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

CITY OF OXNARD OXNARD SCHOOL DISTRICT
Alexander Nguyen, City Manager Dr. Karling Aguilera-Fort, Superintendent

APPROVED AS TO FORM
Stephen M. Fischer, City Attorney

APPROVED AS TO CONTENT
Jason Benites, Police Chief
55 EXHIBIT “A”
SRO Guidelines

ROLE OF THE SRO IN THE CONTEXT OF THE EDUCATIONAL MISSION OF THE

SCHOOL DISTRICT TO ALIGN SUPPORTS AND SERVICES FOR STUDENTS, FAMILIES AND STAFF.

1. The mission of the SRO program is to assist the school in maintaining a safe environment and to develop a positive relationship between students and law enforcement.

2. School administrators shall be informed as to whether an SRO will be deployed to the school and shall participate in periodic performance reviews of the SRO.

3. The SRO shall meet with school administrators, teachers, parents, and student representatives at least annually and as needed to discuss issues of school safety.

4. The SRO shall be integrated into the school community through participation in faculty and student meetings and assemblies as appropriate.

5. The SRO shall maintain weekly activity reports and submit these reports to his or her direct supervisor.

6. The SRO will participate as a member of the OSD Interdisciplinary Wellness Team.

DISTINGUISHING DISCIPLINARY MISCONDUCT TO BE HANDLED BY SCHOOL

OFFICIALS FROM CRIMINAL OFFENSES TO BE HANDLED BY LAW ENFORCEMENT

1. SROs are responsible for criminal public order offenses; they are not responsible for school discipline issues.

2. Absent a real and immediate threat, as determined by the SRO, to a student, teacher, or public safety and, unless there is sufficient evidence and circumstances that warrant police action or intervention, SROs should not get involved in school discipline issues.

These should generally be handled by school officials rather than through formal law enforcement intervention (e.g., issuance of criminal citation, referral to a probation officer, or actual arrest.)

RESPECT FOR THE RIGHTS OF STUDENTS

1. Absent a real and immediate threat to a student, teacher, or public safety, an SRO may conduct or participate in a search of a student’s person, possessions, or locker only where there is reasonable suspicion to believe that the search will turn up evidence that the child has committed or is committing a criminal offense.
a. The SRO shall inform school administrators prior to conducting reasonable suspicion searches.
b. The SRO shall not ask school officials to search a student’s person, possessions, or locker in an effort to circumvent these protections. c. All searches at a minimum will be documented by a field interview report (FIR) that details the circumstances of the search.

2. When a school official conducts a search of a student’s person, possessions, or locker, the school official may ask an SRO to be present or to participate in such a search only when 56 there is reasonable suspicion to believe that the search will turn up evidence that the student has violated or is violating the law and the search is justified in scope given such suspicion.

3. Absent a real and immediate threat to a student, teacher, or public safety, a school official shall attempt to minimize requests to have an SRO present or participate in the questioning of a student that involves non-criminal matters.

4. When an SRO interviews a student for a criminal matter, reasonable attempts should be made by a school official and/or an SRO to inform the student’s parents of the circumstances which led to that interview when it is practical to do so and when it would not unreasonably interfere with such investigation.

SRO TRAINING REQUIREMENTS

1. Every SRO shall attend a 40-hour Peace Officers Standards and Training (POST) approved Basic School Resource Officer course within their first year of service.

Additionally, an effort will be made to complete 10 hours of annual in-service training on topics such as:
a. Child and adolescent development and psychology;
b. Positive behavioral interventions and supports (PBIS), conflict resolution, peer mediation, or other restorative justice techniques;
c. Children with disabilities or other special needs; and d. Cultural competency.

PROMOTING NON-PUNITIVE APPROACHES TO STUDENT BEHAVIOR

1. The SRO shall be familiar with and trained in programs adopting non-punitive approaches to discipline available in the school district. If a school has implemented a specific program designed to improve overall school climate or respond to student behaviors in specific ways, the SROs should participate in trainings associated with that program.

Examples of such programs include but are not limited to Lesson One, Wellness Collaborative, and Olweus Bullying Program initiated at certain schools within some school districts.

TECHNOLOGY SERVICES AND SUPPORT

1. In order for the Oxnard PD’s SROs to serve the students of the OSD, all SROs will be given a user-specific login and access to the OSD network to:
a. Login
b. Run productivity software, including Microsoft Office c. Print to District/School printers
d. Access the Internet thru the District’s Internet Filter e. Access WebMail from a third party provider
f. Access Internet Filter override

2. SROs will not be provided:
a. Access to install programs to workstations or servers b. Access to District email accounts or the District’s email address book c. Access to the District’s Student Information System
d. Access to other District files
57 AGREEMENT FOR POLICE SCHOOL

RESOURCE OFFICER SERVICES
FY 2023-2026
Commander Luis McArthur
58 Recommendation:

That the City Council approve and authorize the City Manager to enter into a cost-sharing agreement between the City of Oxnard and the Oxnard School District from July 1, 2023, to June 30, 2026, for Police School Resource Officer (SRO) Services.

AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER SERVICES 2 59 The agreement involves the reimbursement to the City for the services of two police officers that provide enhanced police services to the OSD. In general, the City is reimbursed for 75% of personnel costs related to the two SROs. The District’s cost-sharing amount for one fiscal year is $235,851 (75% of the cost of the two officers).

AGREEMENT FOR POLICE SCHOOL RESOURCE OFFICER SERVICES 3 60 School Resource Officers (SROs) are Oxnard Police Officers dedicated to building community, providing support, and building positive relationships with OSD schools, students and families.

Officers go through specific training prior to becoming SROs What Are School Resource Officers? 4
61 WORKING TOGETHER TO SUPPORT STUDENTS 5
SROs will work to build a collaborative partnership that is positive for the students and supports their achievement of the traits in the OSD student profile. 62 On a daily basis SROs:
• Ensure that all students, staff, and campuses are safe • Serve as a liaison between schools and the police department • Work with students on making positive choices that will help deter them from joining gangs and/or having problems with drugs and/or alcohol
• The presence of SROs on and around the campuses
promotes positive relationships with students and builds trust with OPD. Links to the surrounding school community can help in keeping OSD campuses safe.

How Do SROs Build Community? 6
63 • SROs will be part of a district
wellness team with the focus on
identifying and supporting
students who have significant
social-emotional and/or behavior
needs. The team will work with
school and district teams in a
coordinated effort to provide
support to students, families, and
staff.
• Through this team, campus visits,
and getting to know the students,
SROs can help identify needs of
students and work with sites on
proactive strategies to prevent
significant behavior issues.

Proactive Partnership 7
Interdisciplinary
Wellness Team
Mental Health
Counselors
SROs School Site/
District Teams
64 • The mission of the SRO program is to assist the school in maintaining a safe environment and to develop a positive relationship between students and law enforcement.
• The SRO shall be integrated into the school community through participation in faculty and student meetings and assemblies as appropriate.
• The SRO will participate as a member of the OSD
Interdisciplinary Wellness Team.
• SROs and OPD can also provide training to students,
staff and families on drugs and other issues.

Proactive Partnership 8
65 • Respect for the rights of students
• Building positive relationships with students
• Preventative instead of reactive
Distinguishing Disciplinary Misconduct to be Handled by School Officials From Criminal Offenses to be Handled by Law Enforcement
SROs are responsible for criminal public order offenses; they are not responsible for school discipline issues.

Absent a real and immediate threat, as determined by the SRO, to a student, teacher, or public safety and, unless there is sufficient evidence and circumstances that warrant police action or intervention, SROs should not get involved in school discipline issues.

These should generally be handled by school officials rather than through formal law enforcement intervention (e.g., issuance of criminal citation, referral to a probation officer, or actual arrest.) Absent a real and immediate threat to a student, teacher, or public safety, an SRO may conduct or participate in a search of a student’s person, possessions, or locker only where there is reasonable suspicion to believe that the search will turn up evidence that the child has committed or is committing a criminal offense.
• The SRO shall inform school administrators prior to conducting reasonable suspicion searches. • The SRO shall not ask school officials to search a student’s person, possessions, or locker in an effort to circumvent these protections.
• All searches at a minimum will be documented by a field interview report (FIR) that details the circumstances of the search.

Keeping the School Community Safe 9
66 QUESTIONS
67 10

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: March 21, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Construction Agreement 32300238 with 101 Roofing & Construction, Inc. for the Performing Arts Community Center Roof Replacement Project, Specification No. PW 23-34.

RECOMMENDATION
That the City Council approve and authorize the following for a total of $807,021.69 in Project funds for the Performing Arts Community Center Roof Replacement Project (Project No. C2248):

1. Execute an Agreement with 101 Roofing & Construction, Inc. in the amount of $620,785.92 for the Project;

2. Authorize a Project contingency amount of $124,157.18 with 101 Roofing & Contracting, Inc. for a total not to exceed value of $744,943.10 for the Project; and

3. A Project allocation amount of $62,078.59 for engineering, inspection, survey and project management for the Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.) (This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 California Code of Regulations section 15301(d).)

BACKGROUND
The Project consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to complete roof replacement and repairs at the Performing Arts Community Center (PACC) located at 800 Hobson Way, Oxnard.

The roof has significant issues stemming from age. The building was constructed in the late 1960s and the last time the roof was replaced was 1991 for the Ventura Room, and 1993 for the Oxnard Room. A typical roof constructed of threeply with gravel has a useful life expectancy of 15-20 years, depending on many factors such as the original construction workmanship and the level of preventative maintenance performed. This roof is over 30 years old.

The roof sections requiring replacement are the Oxnard and Ventura rooms and the bathroom/entry building between them. The existing flat roof sections have many leaks that have had impacts on the inside walls and finishes, to include impacts to the facility’s staff and city residents who regularly frequent the facility. There are areas with drywall deterioration from the roof leaks, which will be handled separately, and are not included in the scope of this project. With a new roof, we can prevent further interior deterioration, programming impacts, and other problems.

Additionally, there are some minor structural modifications being made to the building for future HVAC equipment.

Completing this roof project will enable future renovation projects for the building as laid out in the CIP under Appendix E: Non-Funded Projects.

Capital Improvement Program (CIP) Reference:
68 Project No. 22AR32 / C2248– Performing Arts Community Center Roof Replacement Project, Specification No. PW 23- 34 - CIP 2022-2027 - Adopted June 2022 – Page 17.

DISCUSSION
The specific work for this Project includes demolition of portions of the existing roofs including approximately 58 square feet of asbestos-containing materials, and damaged roof decking. It also includes the installation of a new single-ply PVC roofing system on flat-roof surfaces, structural enhancements at the building joint, structural reinforcement for future HVAC equipment, reworking roof drains and scuppers, and all other appurtenant and associated work in accordance with the contract documents.

The work is tentatively scheduled to begin in late Spring 2023 and continue into Summer 2023 (60 working days), unless delayed by unforeseen site conditions, weather impacts, or supply chain delays. Staff will work closely with the building occupants, patrons, area businesses, and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.

The notice inviting formal bids (NIFB) on the Project was published on December 8, 2022, and all bids were due and opened on January 5, 2023. The City received the following bids:
101 ROOFING & CONSTRUCTION, INC.: $620,785.92
ARDALAN CONSTRUCTION COMPANY, INC.: $950,433.00
The lowest bidder is 101 Roofing & Construction, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from 101 Roofing & Construction, Inc. and its subcontractor. Procurement staff verified possession of required 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 that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to 101 Roofing & Construction, Inc.

In addition to the project award amount of $620,785.92, staff recommends authorizing $186,235.77 for the project, which includes $124,157.18 for project contingency (20% of the contract costs) and $62,078.59 for the cost of engineering services and City staff (10% of the contract cost). A 20% contingency instead of the traditional 10% is recommended for this project due to the high potential for unforeseen issues with the roof and structural components, along with any hidden problems such as hazardous material that may be discovered once the existing roof is removed. Having the flexibility to address these potential issues expeditiously, in lieu of waiting for additional funding approvals, will mitigate any delay costs during construction. Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $807,021.69.

FINANCIAL IMPACT
The total future costs for this Project shall not exceed $807,021.69 which includes the construction agreement, contingency and project allocation. There are sufficient project budget appropriations to fund this agreement.

PACC Roofing Material Project
69 Project Fund Available Project
Budget
Project
22AR32/C2248
American Rescue Plan Act (ARPA) - 204 $542,500
Project Measure O - 104 $294,000
MO5602/C2043
Tax Allocation Bond (TAB) Historical Enhancement and
Revitalization of Oxnard (HERO) - 315
$206,000
TOTAL AVAILABLE PROJECT BUDGET $1,042,500

COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Timothy Beaman, Supervising Civil Engineer, Christopher Solis, Assistant City Engineer

ATTACHMENTS

1. A-32300238 101 Roofing & Construction
70 Agreement No. 32300238
1 CONTRACT

CITY OF OXNARD CONTRACT FOR THE

PERFORMING ARTS COMMUNITY CENTER ROOF REPLACEMENT PROJECT SPECIFICATION NO. PW 23-34
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and 101 ROOFING & CONSTRUCTION, INC. (“Contractor”). Contractor’s license number is 831780.

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 Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Performing Arts Community Center Roof Replacement Project, Specification No. PW 23-34 (the “Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of SIX HUNDRED TWENTY THOUSAND SEVEN HUNDRED EIGHTY-FIVE DOLLARS AND NINETY-TWO CENTS ($620,785.92) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. 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. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are 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.

6. 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 follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every 71 Agreement No. 32300238
2 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.”

7. 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.

8. 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.

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

10. Amendment. No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. 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.
[signatures on following page]

72 73
Exhibit INS-E

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT & POLLUTION/ASBESTOS)

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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and or Asbestos Pollution Liability, Coverage should be maintained for a minimum for five (5) years after contract completion. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 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. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. e. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.
f. 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-E. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences.

City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. 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.

4. 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-E or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

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

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. 1/23
74 Exhibit INS-E

Page 2 ends

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 sample accord form.

INS-E (Pollution) (2)
75 Exhibit INS-E

Page 3 ends

SAMPLE

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $2,000,000 PRODUCTS COMP/OP AGG. $2,000,000 PERSONAL & ADV. INJURY $2,000,000 EACH OCCURRENCE $2,000,000 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 Contract, Course of Construction Insurance Contractors Pollution Liability and/or Asbestos Pollution Liability Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project
Minimum coverage $1,000,000
Per claim

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

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US Via Fax:
678-259-1007

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
76 Exhibit INS-E

Page 4 ends

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 5210
Indianapolis, Indiana 462500-4299 US

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-E (Pollution) (2)
77 Exhibit INS-E

Page 5 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 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 5210
Indianapolis, Indiana 462500-4299 US

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-E (Pollution) (2)
78 Agreement No. 32300238
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 101 ROOFING & CONSTRUCTION, INC., 1075 Vaquero Circle, Oxnard, CA 91361 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Performing Arts Community Center Roof Replacement Project, Specification No. PW 23-34.

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 Payment 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 referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Six Hundred Twenty Thousand Seven Hundred Eighty-Five Dollars and Ninety-Two Cents ($620,785.92), this amount being not less than one hundred percent (100%) of the total 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.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 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 79 Agreement No. 32300238
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 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”
101 ROOFING & CONSTRUCTION, INC.
1075 Vaquero Circle
Oxnard, CA 91361
By:

Its: __________________________
By:

Its: __________________________
(Seal)

“Surety”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. 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.

80 Agreement No. 32300238
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to
101 ROOFING & CONSTRUCTION, INC.,1075 Vaquero Circle, Oxnard, CA 91361 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Performing Arts Community Center Roof Replacement Project, Specification No. PW 23-34.

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 Six Hundred Twenty Thousand Seven Hundred Eighty-Five Dollars and Ninety-Two Cents ($620,785.92), this amount being not less than a hundred percent (100%) of the total 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, assignees, 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, 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, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; 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 thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the 81 Agreement No. 32300238
Specifications. 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”
101 ROOFING & CONSTRUCTION, INC.
1075 Vaquero Circle
Oxnard, CA 91361
By:

Its: __________________________
By:

Its: __________________________
(Seal)

“Surety”
By:

Its: _________________________
By:

Its: _________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. 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. 82 Agreement No. 32300238
Ex-A-1

EXHIBIT A
83 Agreement No. 32300238
Ex-A-2
EXHIBIT A – PAGE 2
84 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: March 21, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Grant Resolution for FY 2022 Consolidated Appropriations Act Community Project Funding Grant Application for $500,000.

RECOMMENDATION
That the City Council adopt a resolution authorizing the City Manager or designee to submit a grant application to the U.S. Environmental Protection Agency for $500,000 in Community Grants funds for the City of Oxnard Water Transmission Line Project and execute grant agreements, if awarded; authorizing the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of the grant funds; and authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)

BACKGROUND
In 2021, the House Appropriations Committee announced that it would accept a limited number of Community Project requests for consideration for FY 2022. Congresswoman Julia Brownley’s office requested that the City submit a community projects proposal that would be considered for these earmarks.

The City considered multiple projects to propose, in terms of their fit within the grant program. An application was submitted for the City’s 45-inch Diameter Water Transmission Main Replacement Project. This project increases the level of protection of the region’s potable water supply and protects the U.S. Route 101 interregional highway which is critical as a lifeline for residents, industry, and national defense. The project will prevent seismic-related failure of the 45- inch transmission line of State Water Project water that provides potable water to a population of approximately 245,000 and runs directly under U.S. Route 101 where the pipeline has been identified among the most critical components of the City of Oxnard’s water distribution lines. This pipeline supplies 60% of the City’s water and 50% of the City of Port Hueneme’s water which is then purveyed to Naval Base Ventura County’s Point Mugu and Port Hueneme installations and also includes a future tie-in for the City of Ventura.

DISCUSSION
The FY 2022 Consolidated Appropriations bill included $500,000 for the City of Oxnard Water Transmission Line. The bill then cleared the House and Senate, and was signed into law by the President. This project will fund the completion of the National Environmental Policy Act (NEPA) process of the project.

In order to receive the funding, the City must submit a grant application package. The attached resolution authorizes the grant application submittal by staff.

STRATEGIC PRIORITIES
85 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
Approval of the recommended action will authorize the appropriation of grant funding, if awarded. Due to the City meeting the disadvantaged community criteria of the program, no matching funds are required.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. Grant Application Resolution
86 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OXNARD APPROVING THE SUBMITTAL A GRANT

APPLICATION FOR COMMUNITY GRANTS PROJECT FUNDING
WHEREAS, City Council Resolution No.12,053 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and
WHEREAS, the Public Works Department has requested that City Council approve the submittal of an application to the U.S. Environmental Protection Agency for $500,000 in Community Grants funds, to be used for the City of Oxnard Water Transmission Line Project.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager to the U.S. Environmental Protection Agency for the purpose of obtaining grant funding for the City of Oxnard Water Transmission Line. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or his or her designee is authorized to submit non-financial reports.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
John C. Zaragoza
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ __________________________________ Rose Chaparro Stephen M. Fischer
City Clerk City Attorney
87 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: March 21, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Professional Services Agreement 32300336 with Bureau Veritas Technical Assessments, LLC for Facilities Condition Assessment Report and Asset Management Program, Specification No. PW 22-127.

RECOMMENDATION
That the City Council approve and authorize a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC in the amount not to exceed $340,000 for a three-year term for Facilities Condition Assessment Report and Asset Management Program.
(Public Works and Transportation Committee approved 2-0.)

BACKGROUND
The City of Oxnard Public Works Department (PW) is responsible for 116 buildings that are managed by the Facilities Division. Most of these buildings have been impacted by long-term deferred maintenance and deferred capital improvements for systems such as HVAC, roofing, structural, electrical, and plumbing. Additionally, the City does not have a comprehensive inventory of building assets or a condition assessment of each asset. Therefore, the City needs specialized consulting services to develop a gap assessment management program. A gap assessment measures the performance of each building to determine if the facility is meeting the needs of the occupants and the steps that are necessary to address the needs that are not being met. After the gap assessment management program is developed, staff will have the information that is necessary to plan and make data-driven decisions to help reduce the deferred maintenance, establish best practices, and prioritize the capital improvement needs with cost estimates to be included in the City’s five-year Capital Improvements Program.

DISCUSSION
The Public Works Department solicited for consultant services through a Request for Proposals (RFP) for a facilities assessment and an asset management program. The asset management program includes providing recommendations for an Enterprise Asset Management System (EAMS). Due to the large number of city-owned buildings, this RFP focused on 41 of the 116 facilities (Attachment) based on use and priority. Another RFP will be used for the remaining buildings after the conclusion of this Agreement in three years. As part of the overarching program of facilities assessment, the validation of the total count of City buildings (i.e. 116) will be done. As such, since this building validation has not been completed in some time, the total number of buildings (i.e. 116) should be considered an estimate.

The closing date for submittals was July 7, 2022, and the City received a total of five proposals. Each proposal was reviewed and scored individually by members of an evaluation committee, which included the Facilities Manager, the Public Works Administrative Services Manager, and the Assistant Public Works Director. Bureau Veritas Technical Assessments, LLC (BV) has the highest score and their proposal is responsive to the City’s RFP. Following this determination, procurement staff reviewed all documentation received from BV and their subcontractors. Based upon the available information and research performed to date, staff believes that the consultant is capable of satisfactorily completing the project. Therefore, staff recommends that the City Council award this Agreement to BV. 88 The specific tasks contained in the Scope of Work of this Agreement include:

Task 1 – Perform Asset Management Gap Analysis. A gap analysis must be conducted in order to establish new benchmarks for PW to allow for continuous improvement through the development of an Asset Management Program.

Task 2 - Develop and Implement Framework for Asset Management Program. In an effort to effectively coordinate asset management activities and ensure that assets fulfill their intended purpose, a framework must be developed as a part of this scope of services.

Consultant must also Develop Asset Management Plans. This is necessary to manage specific classes of critical assets. These plans will help develop asset class strategies that provide key information about each asset group, including risk, performance, capital expenditure, and operational expenditure.

Task 3 - Develop Condition Assessment Template and Final Recommendations Report. The Consultant will perform professional assessments on mechanical, electrical, plumbing, civil, and other required disciplines for each respective asset group.

Utilizing the Condition Assessment Template developed by the Consultant, field assessments will be conducted to further understand the existing conditions, both short-term and long-term renewal and replacement of the facilities systems, components, preventative maintenance, inspection improvement recommendations, and financial forecasts.

Task 4 – Create a master listing of the City asset registry and associated facility data. The intent of this task is to design, recommend, and (if the submission is approved) implementation of the new EAMS and comprehensive Asset Management Program. This new Asset Management Program should also include computerized maintenance management system (CMMS) capabilities to produce reports used by PW Leadership to make the best business decisions for future facility needs.

Task 5 – As Needed Service includes additional support related to the development of an Asset Management System and any work under this task that shall be pre-authorized by a designated City Representative.

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 Bureau Veritas Technical Assessments, LLC shall not exceed $340,000 for the Facilities Condition Assessment Report and Assessment Management Program with a term of three years.

Facilities will be the primary division using this Agreement with funding available from one-time Measure O funding that was approved by City Council on February 21, 2023. The contract will cover an assessment of 41 of the City’s 116 buildings and will likely take three years to complete.

This Agreement provides the flexibility to add and remove buildings from the assessment provided the total services do not exceed $340,000.

Estimated Spending Plan with Bureau Veritas Technical Assessments, LLC Division FY 2022-23
(6 months) FY 2023-24 FY 2024-25 FY 2025-26(6 months) TOTAL Facilities $160,000 $100,000 $40,000 $40,000 $340,000
89 For Finance Use Only: Measure O Fund (Org. 1043740, Object 53200, Project # TBD)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on January 24, 2023, to approve the staff recommendation and to forward the item for Council approval. This staff report was amended based on the recommendation of the Committee Chair to provide more detailed information explaining a gap assessment. Please note Agreement Number 32300159 was changed to new Agreement Number 32300336.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300336

2. City Building Locations List
90 AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: March 22, 2023
(2) Consultant: Bureau Veritas Technical Assessments LLC (3) Services: Facility Condition Assessment/Report & Asset Management Program (4) Schedule of Services: See Scope of Work Exhibit
(5) Agreement Ending Date: March 21, 2026
(6) Total Agreement Amount: $340,000
(7) City’s Project Manager: Brian Allen
(8) Consultant’s Project Manager: Mouaz Alrayes
(9) Insurance Coverage: INS-A
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:

Bureau Veritas Technical Assessments LLC City of Oxnard Attn: Mouaz Alrayes, Senior Project Manager Attn: Brian Allen, Facilities Manager 220 Technology Drive 1060 Pacific Ave. Bldg. 3
Irvine, CA 92618 Oxnard, CA 93030
(11) Contact Emails:

CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:

MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit
☐ Rates and Costs Exhibit
☐ Insurance Exhibit (INS-A)
Agreement No. 32300336 Page 1 of 25
91 AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

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

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

4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].

7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

Agreement No. 32300336 Page 2 of 25
92 9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director.

Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.

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

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

12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant.

Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any Agreement No. 32300336 Page 3 of 25
93 person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents.

Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance

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

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

16. Documents and Materials.

All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16 a. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within Agreement No. 32300336 Page 4 of 25
94 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement
b. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.

Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
c. This Section 16 shall survive the termination of this Agreement

17. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City.
c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; Agreement No. 32300336 Page 5 of 25
95 provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible. d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.

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

19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.

20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or Agreement No. 32300336 Page 6 of 25
96 impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

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

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, Section 18704 of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement.

Furthermore, Consultant shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

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

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge.

Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

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

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

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

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

28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.

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

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

Agreement No. 32300336 Page 7 of 25
97 31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.

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

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

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

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

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

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

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
[Signatures on next page]
Agreement No. 32300336 Page 8 of 25
98 CITY OF OXNARD BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC ☐ John C. Zaragoza, Mayor1
Date Erik Piller, Senior Vice President Date
☐Jennifer Yates, Purchasing Manager2
Matt Munter, Executive Vice President3
Date
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 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.

Agreement No. 32300336 Page 9 of 25
99 SCOPE OF SERVICES EXHIBIT
The scope of services includes, but is not limited to, the following activities:
o Establish an Asset Management Program Framework
o Develop Asset Management Policy and Best Practices Guidelines o Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. o Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. o Determine the present condition and estimated life expectancyof various building systems and components.
o Identify and document present condition of all physical assets including grounds, facilities, and infrastructure.
o Recommend correctionsfor all deficiencies and provide cost estimates for corrections. o Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories.
o Establish anticipated renewal and replacement costs for the various systems and components. o Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization.
o Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility.
o Collect Equipment Inventory data for Client properties. o Establish a protocol for facility condition data to migrate/ transfer to a CMMS/IWMS system. o Prepare a Preventive Maintenance Plan for assets to uploaded to CMMS system.

Task 1 – Establish Baseline
Perform a gap analysis of existing data, documentation, and asset management policy. These gaps will be documented, along with the business process recommendations to address these gaps and gather asset attribution in the development of an Asset Management Program for the City of Oxnard.

Task 2 - Asset Management Program Framework Development Develop a framework which will include policy and best practices for the overall maintenance management and asset management programs in order to manage specific classes of critical assets. These plans will help develop asset class strategies that provide key information about each asset grouping including but not limited to the necessary level of risk, performance, capital expenditures, and operational expenditures required to maintain each class of assets.

In an effort to effectively coordinate asset management activities and ensure that assets fulfill their intended purpose, Consultants must provide format suggestions for each Asset Management Plan that include but are not limited to the following activities and elements:
● Implement Asset Management Governance Structure
● Asset Management Policy, Objectives, and Strategy
● Asset Information Management Process
● Asset Acquisition/Decommission Process
● Maintenance Optimization Best Practices
● Condition Assessment Procedure and Template
● Electronic Asset Management Guidebook/Manual and Dashboard ● Asset Classifications
● Asset Groupings
● Naming Conventions
● Location Hierarchy
Agreement No. 32300336 Page 10 of 25
100
● Asset Class Strategies
● Performance KPIs
● Replacement/Repair Operational Guidelines
● Executive Summary
● Asset Portfolio Overview
● Future Demand Impact Analysis
● Risk and Asset Failure Analysis
● Life Cycle Management Plan (Renewal & Replacement)
● Financial Forecast/Budgets
● Continuous Improvement Plan (O&M Optimization)
Listed below are various disciplines in which Asset Management Plans may be developed, but not limited to:
● Buildings and Structures
● Elevators
● Utilities
● High Voltage Systems
● Lighting (Parks & Athletic Fields)
● HVAC Systems
● Roofing Systems
The Consultant’s team may include subcontractors for disciplines not self-performed. The use of such subcontractors is subject to PW approval.

Task 3 - Asset Condition Assessments
Develop Condition Assessment Template and Final Recommendations Report. The Consultant will perform professional assessments on mechanical, electrical, plumbing, civil, and other required disciplines for each respective asset grouping, on an on-call as needed basis. Specific condition assessments will aid in the development of the Asset Management Plans outlined in Task 2.

Utilizing the Condition Assessment Template developed by the Consultant, field assessments will be conducted to further understand the existing conditions, short- and long-term renewal and replacement of the facility, systems, components, preventative maintenance, or inspection improvement recommendations, and financial forecasts.

As a deliverable, the Consultant must:
● Provide professional assessments on the condition of assets. ● Provide alternative recommendations for ensuring a state of good repair and critical dates for renovation and replacement.
o (i.e. Renewal, Replacement, Repair, Retrofit)
● Provide Capital Planning recommendations based on a phased approach to implementation. ● Provide Life-Cycle cost analysis and evaluation consisting of budget costs, cost savings, and total cost of ownership.
● Provide operational/maintenance recommendations to improve the function of assets. ● Review any documents regarding assets’ physical composition as needed.

Agreement No. 32300336 Page 11 of 25
101
Task 3.2 – Field Assessments

The Assessment Team will conduct a walk-through survey of the facilities and sites to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.

As a part of the walk-through survey, the Team will survey 100% of each facility. Consultant Team will survey the exterior and grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property’s historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City’s building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated.

The Team may also question others who are knowledgeable of the property’s physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property.

The Assessment Team will review documents and information provided by the City’s maintenance staff that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

The facility condition assessment will include the City- identified assets and will focus on the following facility and site systems and components:

● Site + Infrastructure
o Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported.
o Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property.
o Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). o Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds).
o Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues. ● Recreational Facilities
o Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc. o Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported.
● EV Charging Stations
o With information provided by the client document the payment software providing access to the charging station, if any.
o Identify the power source for the EV charging station and if possible, determine if the power used is billed to a client electrical meter.
o Determine the age of the equipment and review for deterioration from weather and use. Identify the remaining useful life of the charging station equipment and the cost to replace the equipment.
o Review the signage, paving and surface materials around the charging stations for deterioration. o For larger exhibits review any building materials used in the exhibit design and opine on their condition and Remaining Useful Life and the cost to replace the materials. o Comment on the condition of the paving and retaining walls at exterior exhibits and estimate their Remaining Useful Life
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102
● Structural Frame + Building Envelope
o Identify material elements of the structural frame and exterior walls, including the foundation system, floor framing system, roof framing system, facade or curtain- wall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and stairways, etc.
o Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Observations may be subject to grade, and rooftop vantage points. o Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement.
o In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2).
● Wall Evaluation
o Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible.
o Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals.
o Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues. ● Curtain Wall – As Required
o Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures.

Observations are limited to grade and may include accessible balconies or rooftop vantage points.
o Review provided drawings and records of repair, replacement, and maintenance of framing and glazing.
● Roofing (Non-Invasive Visual)
o Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment.
o Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). o Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks.

Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported.
o Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported. o BVTA understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, BVTA can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas
Agreement No. 32300336 Page 13 of 25
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● Plumbing
o Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.).
o Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment.
o Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies. ● Air Conditioning + Ventilation
o Identify the material air-conditioning and ventilation systems at the property. Include material equipment such as cooling towers, chillers (type of refrigerant used), package units, split systems, air handlers, thermal storage equipment, etc.
o Identify material distribution systems (supply and return, make-up air, exhaust) at the property. o Observe general conditions, identify equipment reported age, note past material component upgrades/ replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible.
o Observe general conditions and note any physical deficiencies identified or unusual items or conditions
o observed. Additionally, include any material-reported system inadequacies or operating deficiencies.
o Identify and observe any special or unusual air- conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material-reported problems or system inadequacies.
● Electrical
o Identify the electrical service provided and distribution system at the property. o Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems. o Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection).
o Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies.
● Life Safety + Fire Protection
o Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. o Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies.

Agreement No. 32300336 Page 14 of 25
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● Elevators + Vertical Transportation
o Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc.
o Observe elevator cabs, finishes, call and communication equipment, etc. o Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies. o Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts. ● Interior Elements
o Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc. Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements. Consultant will identify material building amenities or special features.
o Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported.
● Food Service Spaces and Equipment
o Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement. ● Special Systems and Equipment
o Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems. ● Limited Accessibility Compliance
o Provide a general statement of the subject building’s likely compliance to the Americans with Disabilities Act to help identify whether Client may be exposed to issues and whether there is the need for further review.
● Energy Conservation Analysis
o Consider energy conservation savings when making repair or replace recommendations and include these projects in the project prioritization.
o Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional service.
● Exhaust Collection Systems (Fire Stations)
o verify existence of any exhaust collection systems in the apparatus bays. If a system is present, BVTA will conduct a carbon monoxide (CO) measurement at each exhaust collection system.

If the apparatus bay shows evidence of irregular CO/CO2 levels, we will recommend additional testing from an industrial hygienist to determine levels of VOCs, NO2, SO2, CO and diesel exhaust particulates. Additional testing will verify performance standards with fire apparatus idling in bays, on the tarmac, and entering/exiting bays as would occur during normal station operation.

Agreement No. 32300336 Page 15 of 25
105
● Task 4 – Enterprise Asset Management System (EAMS) Recommendation PW currently does not have a master listing of its asset registry and associated facility data. The intent of this task is to design, recommend, and (if the submission is approved) implementation of new EAMS and comprehensive Asset Management Program. This new Asset Management Program should also include computerized maintenance management system (CMMS) capabilities to produce reports used by PW Leadership to make the best business decisions for the future of the City.

This task, at a minimum, requires the Consultant to deliver the following deliverables:
● Provide review and guidance documentation to store, utilize, assess, improve, and revised support for all asset management activities. The method by which those tasks are performed and by whom within PW will be critical for the completion of this task.
● Prepare a detailed EAMS workflow script offering written instructions designed to reflect the process in which asset data is entered, managed, analyzed, and reported. These workflows should be cross- functional in nature to reflect the numerous PW stakeholders of the Asset Management Program. ● Develop specific criteria and parameters required for reports including, but not limited to, key performance indicators, the total cost of ownership, labor hours, Facility/System Condition Index, replacement value, estimated life expectancy, etc.
● Train PW personnel on all tasks and provide a technical user guide for the implementation EAMS & CMMS.
● Provide experienced, in-house consultant staff to work daily with PW personnel. ● Task 5 – As Needed Services
o Additional as-needed support related to the development of the Asset Management System
o Any work under this task shall be pre-authorized by the designated City Representative
● Task 6 – Optional – Bar Coding
o For the above-referenced equipment, BVTA will apply a durable barcode / QR code/asset tag with a unique number for use as an identifier in the CMMS system. We will use labels supplied by the City or a vinyl tag for indoor applications, and a durable foil tag for outdoor use.

Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back into a single piece of equipment or system. o The cost of Barcoding / QR coding assumes that we will tag equipment during the FCA process.
o Any work under this task shall be pre-authorized by the designated City Representative Ranking And Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected Useful Life (EUL) tables; BVTA will render our opinion as to when a system or component will most probably necessitate replacement.

Accurate historical replacement records provided by the facility manager are typically the best source for this data.

Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.

CONDITION RANKING OF BUILDING SYSTEMS / EQUIPMENT
Consultant can rate the condition of each facility with the below rating system, or another City-specified scale:

Agreement No. 32300336 Page 16 of 25
106

LEVEL DESCRIPTION
5 Excellent
No visible defects, new or near new condition, may still be under warranty if applicable
4 Good
Good condition, but no longer new, maybe slightly defective or deteriorated, but is overall functional
3 Adequate Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal Defective or deteriorated in need of replacement, exceeded useful life 1 Poor Critically damaged or in need of immediate repair, well past useful life Consultant can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission-critical factors.

Priority Classes
The analysis will include all cost observations be ranked by Priority Classes. The following five classes are typical but can be altered to meet your specifications and needs.

LEVEL DESCRIPTION
5 Grandfathered – Does not
meet current code
No action is required at this time but should substantial work be undertaken correction would be required
4 Years 6-10 / Years 15-20 –
Recommended
Representing a sensible improvement to the existing
conditions (not required for the most basic function of the facility, however, will improve overall usability and/or reduce long-term maintenance costs
3 Years 3-5 – Necessary Not
Yet Critical
Requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further
2 Years 1-2 – Potentially
Critical
Requiring action in the next year including components
experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation
1 Immediate – Currently Critical Requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation
Agreement No. 32300336 Page 17 of 25
107

RATES AND COSTS EXHIBIT
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to the City's project.

The pricing stated herein is a fixed price for the scope detailed herein. Consultant will invoice monthly for work completed in prior month. Consultant will invoice 95% of allocated fees for submittal of draft report and 5% balance upon submittal of final reports. This is done as a convenience to City and does not reflect any reduction in total fee in event client does not pursue final reports. An invoice for the 5% balance will be submitted upon submittal of final reports or 60 days from submittal of draft reports whichever is sooner. All invoices will be payable within 30 days or upon the closing of the transaction, whichever comes first.

Fee Breakdown
PROGRAM MANAGEMENT $19,918.50
FACILITY / SITE ASSESSMENTS $48,620.00
FACILITY / SITE REPORTING $94,310.00

CONSULTING

PREVENTATIVE MAINTENANCE PLAN ROUTINES MAINTENANCE
POLICY & ASSET MGMT. BEST PRACTICES ASSET & EQUIPMENT

INVENTORY (FOR CMMS) MIGRATION TO CMMS

CMMS CONSULTING AS

NEEDED SERVICES
$95,314.28
$34,398.83
$19,770.00
$24,079.18
$11,466.28
$5,600.00
See Rate Schedule
OPTIONAL (Not Included in Lump Sum Total)

BARCODING/QR CODE TAGGING

BARCODE LABELS (CAMCODE)
$34,398.83
$2,970.00
OTHER/INCIDENTALS AS NEEDED (option totals included)
(Not Included in Lump Sum Total)
$44,329.74
TOTAL $258,162.78
Billing Schedule
Assessments Completed 50%
Draft Reports (invoiced monthly) 45%
Final Report and Review 5%
Agreement No. 32300336 Page 18 of 25
108
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
Job Title Program Mgmt. Site Assessments Site Reporting Other Project Executive
Program Manager 49.5 8 60
Project Manager I
(PE/RA)
190 315
Project Manager II
(PE/RA)
8 190 375
Quality Control
Manager
4 Administrative 16 18
Agreement No. 32300336 Page 19 of 25
109

INSURANCE EXHIBIT
Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less 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. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard Insurance Compliance Reference No. P.O. Box 100085 – OX Duluth, GA 30096 Via Email: [email protected] Via Fax: 678-259-1007

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

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

Agreement No. 32300336 Page 20 of 25
110

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
11/22
Agreement No. 32300336 Page 21 of 25
111

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

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

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

INS-A.doc
Agreement No. 32300336 Page 22 of 25
112

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.

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE $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
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
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

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

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

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

AUTHORIZED REPRESENTATIVE
Agreement No. 32300336 Page 23 of 25
113

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

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

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

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

Agreement No. 32300336 Page 24 of 25
114

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.

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

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

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

ENDORSEMENT HOLDER

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/22 INS-A.doc
Agreement No. 32300336 Page 25 of 25
115

BUILDING

NAME ADDRESS
Total
Stories
Square
Footage Building Code Name Date Built
Armory 351 S K St 1 11000 Armory 1951
AWPF 5700 Perkins Rd 2 9920 AWPF 2012
Building and safety 241 W 2nd St 1 8000 241 building
Carnegie 424 S C St 3 8389 Carnegie 1949?
City Yard 1060 Pacifc Ave. 1 54700 Corp Yard
Civic Annex 300 W 3rd St 4 37596 FIB 1967
Civic Center 305 W 3rd St 1 3840 Council Chambers 1967
Civic Center East 305 W Third St 3 15000 East Wing 1969 Civic Center West 305 W Third St 3 15000 West Wing 1967 Colonia Boxing
Center 520 E 1st st 2 1830 Boxing Center
Colonia Gym 195 N Marquite St 1 10996 Colonia Gym 1991
Colonia Youth
Center 197 N Marquite St 1 3750 Youth Center
Downtown Parking
Structure 324 S B St 4 182000 Parking Garage 2004
Environmental
Resources 111 S Del Norte 2 110031 Del Norte 1996
Field House
2101 W Vineyard
Ave, 1 5000 Locker room 1986
Fire Admin 360 W 2nd St 2 9708 Fire Admin 2008
Fire Station 1 491 S K Street 1 7277 FS 1 1990
Fire Station 2 531 E Pleasant
Valley Rd
1 3727 FS 2 1965
Fire Station 3 150 Hill St 1 3197 FS 3 1966
Fire Station 4 230 W Vineyard
Ave.
1 5676 FS 4 1972
Fire Station 5 1450 Colonia
Road
1 4060 FS 5 1973
Fire Station 6 2601 Penisula
Road
1 4250 FS 6 1998
Fire Station 7 3300 Turnout Park
Circle
2 9449 FS 7 2004
Fire Station 8 3000 S Rose Ave. 1 7540 FS 8 2014
Gull Wing Museum 418 W 4th St 1 4000 Gull Wing
Main Library 251 S A St 2 72000 Main Library 1992
OTC 201 E 4th St 2 17774 OTC 1984
PACC 800 Hobson Way 1 50585 PACC 1992
PAL Gym
350 S K St 1
29613 PAL Gym 1951
Police Annex 3001 sturgis R 1 60000 sturgis 2006
Police Department 251 S C St 2 32592 Public safety 1978 Police Department
storage 251 S C St 1 1200 Police Print shop 1965
River Ridge Golf
Course 2401 W. Vineyard 3 14000 River Ridge 1989
Servic Center 214 S C St. 1 27308 servic Center
Social Security 425 S C St 1 13646 SS Building
South Oxnard
Branch Library 4300 Saviers Rd 2 23034 SOBL 2007
South Oxnard
Center 300 E Bard Rd 1 20000 SOC 1988
Waste Water
complex 5751 Perkins Rd 2 1350360 Wastewater Treatment Plant 1959 Water Yard 251 S Hayes 2 26308 Water Plant
Water Yard Admin 251 S Hayes 2 6409 Water Admin 1986
Wilson Senior
Center 350 N C St 1 12490 Wilson Center 1992
total Sq ft 2293255
Current list of City Facilities
The City reserves the right to add or remove locations as deemed necessary 116

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: March 21, 2023
TO: Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Kitchen Rehabilitation Project at Public Housing Sites.

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

Approve and authorize the execution of a firm-fixed-price Agreement number A-8519 in the amount of $757,900 with MDJ Management, LLC to rehabilitate eighty-four kitchens at the "31-7 scattered public housing sites" using funds appropriated from the 2020 Capital Fund grant.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 28, 2023 to approve the staff recommendation and to forward the item for Council approval.)

BACKGROUND
The project involves an extensive rehabilitation of 84 kitchens, including replacement of kitchen cabinets, sinks, faucets and range hoods, for public housing units. The units are located at various public housing scattered sites which are also referred to as “31-7 scattered sites”. Specifically, 11 units at Althea Court, 12 units at Fremont Way, 12 units at Hill Street, 18 units at Concord Drive, 21 units at Fashion Park Place, and 10 units at Cuesta Del Mar Drive.

The existing cabinets were installed in the 1970s. Only minor repairs, hinge replacements, and re-painting has been completed throughout the years. Due to normal wear and tear, age of the cabinets, and condition, it is necessary to replace them. The project schedule is under 180 days. The project manager will notify the residents based on the work schedule to stay out of the kitchen area during construction hours as much as they can. However, the contractor is expected to work with the residents if they decide to stay home and use the refrigerator and/or stove during construction. City staff will also ask the residents to empty their kitchen cabinets a day before the construction.

This project was planned for and included in the 2020 Capital Fund Program Five-Year Action Plan of the Housing Authority of the City of Oxnard.

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

The Housing Authority of the City of Oxnard engaged Gordian, which is a service consultant authorized by Sourcewell, to procure a general contractor for the project.
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MDJ Management, LLC submitted a proposal in the amount of $757,900. The proposed scope of work includes:

1. Removal of existing and installation of new: wall/base cabinets, countertops, range hood, kitchen sink and faucet, sink drain lines, faucet supply lines, and angle stops

2. ADA units will have ADA compliant cabinets installed

3. Electrical safe off and reconnection after installation is completed

4. Cabinet hardware for all doors and drawers will be included

FINANCIAL IMPACT
The funding for this item will be from the Housing Authority Capital Fund Grant of 2020. The Capital Fund allocation to the Housing Authority of the City of Oxnard was $2,143,230. After deducting debt service, management fees and the cost of this agreement the remaining fund balance will be $774,296. There is no impact to any City Fund.

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

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Agreement Number A-8519
118
1 CAPITAL IMPROVEMENT CONTRACT
Contract No: A-8519
Name of Contractor: MDJ Management
Address: 531 Main Street, #611, El Segundo, CA 90245
Project description: Kitchen Rehabilitation Project at Scattered Sites (31-7) This Capital Improvement Contract (“Contract”) is made at Oxnard, California, as of this 21st day of March 2023 between the City of Oxnard Housing Authority, called herein the “Authority”, and the above-named contractor (“Contractor”) for the construction of the capital improvement project described herein. The parties hereto agree as follows:

I. Type of Contract
This contract is a firm-fixed price contract as defined by 2CFR Part 200 and the Department of Housing and Urban Development (HUD) Handbook 7460.8, Rev. 2.

2. Contract Price
Contractor shall perform the scope of work per the detailed scope of work submitted for 84 Units located in the Scattered Sites (31-7). Authority shall pay Contractor, as described in Exhibit A, attached hereto and incorporated herein by this reference, in full payment for said work, the following sum: $757,900.00.

The above sum includes all taxes and the costs of any required bonds.

3. Payment Schedule
Authority shall pay Contractor no later than 30 calendar days after Authority accepts Contractor’s invoices and Authority shall make final payment no later than 60 calendar days after Authority has issued and approved a certificate of completion for the work contemplated herein, provided that the Authority may withhold from progress payments an amount equal to 5 percent of the progress payment and may withhold from final payment an amount sufficient to protect the Authority from disputes equivalent to 150 percent of the value of any disputed amount of work.

4. Scope of Work
Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to, and shall perform and complete in a good, safe and workmanlike manner, the work described in the approved plans.
119
2 5. Contract Documents
The complete Contract consists of all the following, which are specifically incorporated herein by reference:
a. Change Orders
b. Contract Amendments –
c. This Contract
d. Amendments to HUD Form 5370-C
e. HUD Form 5370-C General Conditions for Non-Construction Contracts – Public Housing Programs
f. Specifications
g. Plans
h. Permits
i. Contractor's bid proposal and list of subcontractors (if applicable). j. Performance and payment bonds as required by the specifications and applicable law. Unless otherwise specified, each such bond shall be 100 percent of the Contract price.
k. Insurance as required by the specifications and applicable law. l. All applicable wage determinations, safety and health regulations, nondiscrimination provisions, labor standards, and requirements if the Contract is federally assisted. This includes but is not limited to such items enumerated in the specifications and addenda thereto.

6. Indemnity
Contractor agrees to indemnify, hold harmless and defend Authority, its Commission, and each member thereof, and every officer, employee, representative or agent of Authority, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly form any acts or omissions related to this Agreement performed by Contractor or its agents, employees, Subcontractors, Contractors, and other persons acting on Contractor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Contractor or its agents, employees, subcontractors, consultants and other persons acting on Contractor’s behalf would be held strictly liable.

7. Time for Performance
The time limit for the completion of the work is 90 working days after receipt of the Notice to Proceed.

Contractor shall not perform any work until the Authority issues a Notice to Proceed. Work will be completed within the time limit specified above and in the Notice to Proceed. 120
3 8. Acknowledgement
Contractor by signing hereunder acknowledges that he has reviewed all the foregoing documents and agrees with the requirements, conditions and covenants contained therein.

The parties agree that this Agreement may be transmitted and signed by electronic or digital means by either/any or both/all Parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.

CITY OF OXNARD MDJ MANAGEMENT

HOUSING AUTHORITY
_________________________ ________________________
John C. Zaragoza Matthew McMillon
Chairman President
APPROVED AS TO FORM: APPROVED AS TO INSURANCE:
_________________________ _______________________
Stephen M. Fischer, Rhonda Hodge
Housing General Counsel Housing Finance Officer
APPROVED AS TO COMPLIANCE:
______________________
Rhonda Hodge
Contract Administrator
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4 GENERAL CONDITIONS
Work Hours:

From 8:00 AM to 5:00 PM max. Including 1-hour lunch.

No work is allowed Saturdays, Sundays and during any official holidays.

Safety and Security:

The contractors are required to secure the work area during the work hours, lunch hours, weekends, and holidays. The contractors shall secure and render safe the entire construction area at the end of each working day. Work areas must be well barricaded and flagged, and all precautions should be taken to avoid injury or damage to any person or property and shall protect and indemnify the Housing against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by it or its agents, employees or Subcontractors.

Compliance with all Laws:

The contractors shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the contractors perform pursuant to the contract documents.

Project Schedule:

The contractor is expected to complete the job in not to exceed ninety (90) working days.

Construction Debris:

Due to the nature of the job, the contractor is responsible for hauling away debris.

Storage Bin
The contractor shall provide bins and/or containers for temporary storage.

Warranty:

The contractor shall warranty the work for a period of One (1) year against workmanship.

Final Walkthrough, and Sign off:

The contractor is required to call for a final walk through with the project manager and/ or the Housing Authority staff after completion of the project. Upon approval, the contractor may bill the Housing Authority for said work. All the payments will be pending obtaining a final sign off from the City inspector and turning in those permits.
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Work Order Signature Document
EZIQC Contract No.: CA-R7-GB06-123021-MDJ
OHA - Cabinet Install at Housing Authority
New Work Order
113054.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
02/22/2023
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Matt McMillon
310-490-1521
Owner Name: Oxnard Housing Authority
Fredi Contreras
805-890-8319
MDJ Management
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R7-GB06-123021-MDJ.

Brief Work Order Description:

Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $757,900.00
Owner Purchase Order Number:

Approvals
Oxnard Housing Authority Date MDJ Management Date

2.00

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Work Order Signature Document
2/22/23
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3.00 Detailed Scope of Work
To: Matt McMillon From: Fredi Contreras
MDJ Management
531 Main St #611
El Segundo, CA 90245
310-490-1521
Oxnard Housing Authority
300 N. Marquita St.
oxnard, CA 93030
805-890-8319
Work Order Number:

Date Printed: February 22, 2023
113054.00
Work Order Title: OHA - Cabinet Install at Housing Authority Brief Scope:

Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached
Subject to the terms and conditions of ezIQC Contract CA-R7-GB06-123021-MDJ.

MDJ Management Date
Oxnard Housing Authority Date

Page 1 of 1 ends

2/22/2023
Scope of Work
2/22/23
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MDJ Management, LLC
License # 1044711
DIR # 1000061313
531 Main St. #611 El Segundo CA 90245
310-490-1521
Job Name: Oxnard housing Authority Cabinet Installation Location: Oxnard, CA
Customer: Oxnard Housing Authority
Submission Date: 1/25/23
Detailed Scope of Work
Kitchen Cabinet Installation
● Removal of existing and Installation of new (like for like) in each apartment of the following:
○ Wall and base cabinets
○ Countertops
○ Range Hood
○ Kitchen Sink
○ Kitchen Faucet
○ Sink drain line
○ Faucet supply lines
○ Angle stops at wall
● 84 total units
○ 3 of which are ADA
■ ADA units to receive ADA compliant cabinets
● Electrical
○ Safe off of all countertop outlets and reconnection after installation completed ○ Disconnect and termination of garbage disposal outlet in existing box or a new box as needed
● Finishes:
○ New cabinets to be “Pecan” in color to match previous work completed ○ New countertops to match color of work completed at 801 C st. ○ ADA stovetop counters will be supplied with 6” cove base white ceramic tile ○ Minor touch up paint will be OHA approved “lily”
○ Cabinets to have pull hardware on all doors and drawers List of Apartment Complexes and Unit Numbers
● Althea court – 11 Units
○ 1341, 1343, 1345, 1347, 1351, 1353, 1355, 1381, 1383, 1385, & 1387 1 of 2
125
● Fremont way – 12 Units
○ 1330, 1332, 1334, 1336, 1338, 1340, 1342, 1344, 1350, 1352, 1354, & 1356 ● Hill Street – 12 Units
○ 215, 217, 219, 221, 223, 225, 227, 229, 231, 233, 235, & 237 ● Concord Drive-18 Units
○ 2940, 2942, 2944, 2946, 2952, 2954, 3000, 3002, 3004, 3006, 3010, 3012, 3014, 3016, 3020, 3022, 3024, & 3026
● Fashion Park- 21 Units
○ 230, 231, 232, 233, 235, 237, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 252, 253, 254, 255, & 256
● Cuesta Del Mar – 10 Units
○ 640, 642, 644, 646, 650, 656, 660, 662, 664, & 6565
Notes:
● Shop drawings will be provided for ADA, 2, 3, 4,and 5 bedroom units prior to construction
● 2 units per day
○ Demolition and installation of each unit to be completed in one day ○ Some delays between units to be expected as delivery of cabinets may require ● Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.
● Price includes all labor (Normal Working Hours - Davis Bacon Wages), materials, equipment to complete this scope of work.
● Asbestos and Lead Report not included in plans
○ If area is found to be contaminated additional costs to be incurred ● Construction Exclusions:
○ OHA to be provided of installation schedule
■ All cabinets to be cleared and emptied on day of construction ■ A clear spot to be made available in adjacent room for temporary placement of refrigerator and stove during demolition/installation CLARIFICATIONS AND EXCLUSIONS:
● Warranty
○ One year warranty against workmanship
○ Manufacturer's warranty varies
● We exclude plans, permits, permit fees, related fees, testing, inspection, survey, and engineering unless specified above
● We exclude utilities and hazardous or contaminated material. ● Construction water, power, and sanitary facilities available on site for MDJ’s use at no cost.
● We exclude premium time.
● We exclude anything not specifically mentioned above. ● MDJ reserves the right to review, change, and/or delete any provisions of any prime contract or subcontract, which results from this quotation. ● All terms to be net 30 days in full upon receipt of invoice. Interest will be charged at the rate of 2% monthly on the unpaid balance.

BID PRICE: See Price Proposal
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126
All work to be completed in a substantial and workmanlike manner according to standard practices for the sum of See Price Proposal. Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.

Bid price is good for thirty (30) days only.

Any controversy or claim based on, arising out of, or relating to this agreement, or breach thereof, including any claim based on the work performed pursuant to this agreement, shall be submitted to the American Arbitration Association for binding arbitration in accordance with its rules. If any arbitration, legal action is brought to enforce this agreement, or arising out of or relating to the agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees and costs incurred, in addition to any and all other relief to which that party may be entitled.

Submitted by:

Matthew McMillon
President MDJ
310.490.1521
[email protected]
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127

4.00 Contractor's Price Proposal - Summary
Owner PO #:

OHA - Cabinet Install at Housing Authority
113054.00
IQC Master Contract #: CA-R7-GB06-123021-MDJ
Work Order #:

Title:

Re:

Date: February 22, 2023
Proposal Value:

Contractor: MDJ Management
$757,900.00
Althea Court $124,918.97
Concord Drive $203,900.47
Cuesta Del Mar $113,685.54
Fashion Park $238,199.68
Fremont Way $136,239.28
General -$195,283.22
Hill Street $136,239.28
Proposal Total
Thisl 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: %

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Contractor's Price Proposal - Summary
128

5.00 Contractor's Price Proposal - Detail
OHA - Cabinet Install at Housing Authority
113054.00
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
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Althea Court
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.
1 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. 11 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. 2 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 0224 12" Wide, 35" High x 23-3/4" Deep, Single Drawer and Single Door, Solid Wood Face Frame, Thermofoil Door and Drawer Front, Base Cabinet 3 EA $8,079.36
Installation x x = 7,619.38
Quantity Unit Price Factor Total

22.00 305.95 1.1320
Demolition 22.00 x 18.47 x 1.1320 = 459.98
removal of existing and installation of new. 2 units per apartment. 11 apartments 06 41 13 00 0232 36" Wide, 35" High x 23-3/4" Deep, Single Drawer and Double Door, Solid Wood Face Frame, Thermofoil Door and Drawer Front, Base Cabinet 4 EA $20,765.08
Installation x x = 18,694.44
Quantity Unit Price Factor Total

33.00 500.44 1.1320
Demolition 33.00 x 55.43 x 1.1320 = 2,070.64
removal of existing and installation of new. 3 units per apartment. 11 apartments 06 41 13 00 0259 36" Wide, 12" High x 12" Deep, Double Door, Solid Wood Face Frame and Thermofoil Doors, Wall Cabinet
5 EA $14,126.92
Installation x x = 12,056.28
Quantity Unit Price Factor Total

33.00 322.74 1.1320
Demolition 33.00 x 55.43 x 1.1320 = 2,070.64
removal of existing and installation of new. 3 units per apartment. 11 apartments 06 41 13 00 0284 18" Wide, 30" High x 12" Deep, Single Door, Solid Wood Face Frame and Thermofoil Door, Wall Cabinet
6 EA $4,163.70
Installation x x = 3,818.53
Quantity Unit Price Factor Total

11.00 306.66 1.1320
Demolition 11.00 x 27.72 x 1.1320 = 345.17
removal of existing and installation of new. 1 unit per apartment. 11 apartments 06 41 13 00 0286 24" Wide, 30" High x 12" Deep, Single Door, Solid Wood Face Frame and Thermofoil Door, Wall Cabinet
7 EA $4,844.82
Installation x x = 4,384.60
Quantity Unit Price Factor Total

11.00 352.12 1.1320
Demolition 11.00 x 36.96 x 1.1320 = 460.23
removal of existing and installation of new. 1 unit per apartment. 11 apartments

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Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Althea Court
06 41 13 00 0290 36" Wide, 30" High x 12" Deep, Double Doors, Solid Wood Face Frame and Thermofoil Doors, Wall Cabinet
8 EA $6,216.29
Installation x x = 5,526.07
Quantity Unit Price Factor Total

11.00 443.79 1.1320
Demolition 11.00 x 55.43 x 1.1320 = 690.21
removal of existing and installation of new. 1 unit per apartment. 11 apartments 9 11 30 13 13 0016 EA 36" Venting Range Hood (Broan 40000) $3,838.45 Installation x x = 3,067.18
Quantity Unit Price Factor Total

11.00 246.32 1.1320
Demolition 11.00 x 61.94 x 1.1320 = 771.28
removal of existing and installation of new. 1 unit per apartment. 11 apartments 10 11 30 13 13 0084 EA 1/3 HP Insulated Garbage Disposal (GE GFC320V) $771.28 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 249.98 1.1320
Demolition 11.00 x 61.94 x 1.1320 = 771.28
removal of existing garbage disposals. Not installing new units. 11 apartments
11 12 36 61 19 0005 SF 1-1/4" Thick, Quartz Agglomerate Countertop With Backsplash $39,941.04 Installation x x = 33,465.00
Quantity Unit Price Factor Total
242.00 122.16 1.1320
Demolition 242.00 x 23.64 x 1.1320 = 6,476.04
removal of existing and installation of new. 11 apartments 12 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $1,724.85 Installation x x = 1,724.85
Quantity Unit Price Factor Total

11.00 138.52 1.1320
one sink per apartment. 11 apartments
13 22 01 40 81 0004 EA Removal And Replacement Of Chrome Supply Lines To Sink/Lavatory, Pair $327.36 Installation x x = 327.36
Quantity Unit Price Factor Total

11.00 26.29 1.1320
replace supply lines 11 apartments
14 22 01 40 81 0006 EA Removal And Replacement Of Double Bowl Sink/Lavatory Drain Line $708.02 Installation x x = 708.02
Quantity Unit Price Factor Total

11.00 56.86 1.1320
replace drain line 11 apartments
22 41 16 16 0003 33" x 21" x 6-1/2" Stainless Steel Kitchen Sink, Double Bowl, 20 Gauge (Elkay D233213)
15 EA $8,809.79
Installation x x = 7,561.23
Quantity Unit Price Factor Total

11.00 607.23 1.1320
Demolition 11.00 x 100.27 x 1.1320 = 1,248.56
removal of existing and installation of new. 11 apartments 22 41 39 00 0006 Chrome Two Handle Kitchen Faucet With Spray, Three Hole Installation, 8" Center (Delta 2402LF-LHP+H215)
16 EA $2,790.49
Installation x x = 2,207.12
Quantity Unit Price Factor Total

11.00 177.25 1.1320
Demolition 11.00 x 46.85 x 1.1320 = 583.38
removal of existing and installation of new. 11 apartments 22 42 39 00 0217 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558)
17 EA $1,271.60
Installation x x = 1,026.54
Quantity Unit Price Factor Total

22.00 41.22 1.1320
Demolition 22.00 x 9.84 x 1.1320 = 245.06
new angle stops installed in each apartment. 11 apartments

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Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Subtotal for Althea Court $124,918.97
Concord Drive
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.
18 EA $8,434.54
Installation x x = 8,434.54
Quantity Unit Price Factor Total

9.00 827.89 1.1320
for safe off and reconnection of countertop outlets as well as disconnect existing garbage disposal outlet . 2 units per day. 18 units in complex. 9 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. 19 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
20 EA $14,599.40
Installation x x = 13,846.71
Quantity Unit Price Factor Total

36.00 339.78 1.1320
Demolition 36.00 x 18.47 x 1.1320 = 752.69
removal of existing and installation of new. 2 units per apartment. 18 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
21 EA $37,531.37
Installation x x = 34,143.04
Quantity Unit Price Factor Total

54.00 558.55 1.1320
Demolition 54.00 x 55.43 x 1.1320 = 3,388.33
removal of existing and installation of new. 3 units per apartment. 18 apartments 06 41 13 00 0043 36" Wide, 12" High x 12" Deep, Double Door, Solid Maple Face Frame and Doors, Wall Cabinet
22 EA $25,290.49
Installation x x = 21,902.16
Quantity Unit Price Factor Total

54.00 358.30 1.1320
Demolition 54.00 x 55.43 x 1.1320 = 3,388.33
removal of existing and installation of new. 3 units per apartment. 18 apartments 06 41 13 00 0068 18" Wide, 30" High x 12" Deep, Single Door, Solid Maple Face Frame and Door, Wall Cabinet
23 EA $7,467.19
Installation x x = 6,902.37
Quantity Unit Price Factor Total

18.00 338.75 1.1320
Demolition 18.00 x 27.72 x 1.1320 = 564.82
removal of existing and installation of new. 1 unit per apartment. 18 apartments 06 41 13 00 0074 36" Wide, 30" High x 12" Deep, Double Door, Solid Maple Face Frame and Door, Wall Cabinet
24 EA $11,179.50
Installation x x = 10,050.05
Quantity Unit Price Factor Total

18.00 493.23 1.1320
Demolition 18.00 x 55.43 x 1.1320 = 1,129.44
removal of existing and installation of new. 1 unit per apartment. 18 apartments 25 11 30 13 13 0016 EA 36" Venting Range Hood (Broan 40000) $6,281.11 Installation x x = 5,019.02
Quantity Unit Price Factor Total

18.00 246.32 1.1320
Demolition 18.00 x 61.94 x 1.1320 = 1,262.09
removal of existing and installation of new. 1 unit per apartment. 18 apartments 26 11 30 13 13 0084 EA 1/3 HP Insulated Garbage Disposal (GE GFC320V) $1,262.09 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 249.98 1.1320
Demolition 18.00 x 61.94 x 1.1320 = 1,262.09
removal of existing garbage disposals. Not installing new units.18 apartments

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131
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Concord Drive
27 12 36 61 19 0005 SF 1-1/4" Thick, Quartz Agglomerate Countertop With Backsplash $65,358.06 Installation x x = 54,760.91
Quantity Unit Price Factor Total
396.00 122.16 1.1320
Demolition 396.00 x 23.64 x 1.1320 = 10,597.15
removal of existing and installation of new. 22 sf per apartment. 18 apartments 28 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $2,822.48 Installation x x = 2,822.48
Quantity Unit Price Factor Total

18.00 138.52 1.1320
one sink per apartment. 18 apartments
29 22 01 40 81 0004 EA Removal And Replacement Of Chrome Supply Lines To Sink/Lavatory, Pair $535.69 Installation x x = 535.69
Quantity Unit Price Factor Total

18.00 26.29 1.1320
replace supply lines. 18 apartments
30 22 01 40 81 0006 EA Removal And Replacement Of Double Bowl Sink/Lavatory Drain Line $1,158.58 Installation x x = 1,158.58
Quantity Unit Price Factor Total

18.00 56.86 1.1320
replace drain line 18 apartments
22 41 16 16 0003 33" x 21" x 6-1/2" Stainless Steel Kitchen Sink, Double Bowl, 20 Gauge (Elkay D233213)
31 EA $14,416.02
Installation x x = 12,372.92
Quantity Unit Price Factor Total

18.00 607.23 1.1320
Demolition 18.00 x 100.27 x 1.1320 = 2,043.10
removal of existing and installation of new. 18 apartments 22 41 39 00 0006 Chrome Two Handle Kitchen Faucet With Spray, Three Hole Installation, 8" Center (Delta 2402LF-LHP+H215)
32 EA $4,566.26
Installation x x = 3,611.65
Quantity Unit Price Factor Total

18.00 177.25 1.1320
Demolition 18.00 x 46.85 x 1.1320 = 954.62
removal of existing and installation of new. 18 apartments 22 42 39 00 0217 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558)
33 EA $2,080.80
Installation x x = 1,679.80
Quantity Unit Price Factor Total

36.00 41.22 1.1320
Demolition 36.00 x 9.84 x 1.1320 = 401.00
new angle stops installed in each apartment. 18 apartments Subtotal for Concord Drive $203,900.47
Cuesta Del Mar
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.
34 EA $4,685.86
Installation x x = 4,685.86
Quantity Unit Price Factor Total

5.00 827.89 1.1320
for safe off and reconnection of countertop outlets as well as disconnect existing garbage disposal outlet . 2 units per day. 10 units in complex. 5 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. 35 EA $916.89
Installation x x = 916.89
Quantity Unit Price Factor Total

1.00 809.97 1.1320
for debris

Page 4 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
132
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Cuesta Del Mar
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
36 EA $8,110.78
Installation x x = 7,692.62
Quantity Unit Price Factor Total

20.00 339.78 1.1320
Demolition 20.00 x 18.47 x 1.1320 = 418.16
removal of existing and installation of new. 2 units per apartment. 10 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
37 EA $20,850.76
Installation x x = 18,968.36
Quantity Unit Price Factor Total

30.00 558.55 1.1320
Demolition 30.00 x 55.43 x 1.1320 = 1,882.40
removal of existing and installation of new. 3 units per apartment. 10 apartments 06 41 13 00 0043 36" Wide, 12" High x 12" Deep, Double Door, Solid Maple Face Frame and Doors, Wall Cabinet
38 EA $14,050.27
Installation x x = 12,167.87
Quantity Unit Price Factor Total

30.00 358.30 1.1320
Demolition 30.00 x 55.43 x 1.1320 = 1,882.40
removal of existing and installation of new. 3 units per apartment. 10 apartments 06 41 13 00 0068 18" Wide, 30" High x 12" Deep, Single Door, Solid Maple Face Frame and Door, Wall Cabinet
39 EA $4,148.44
Installation x x = 3,834.65
Quantity Unit Price Factor Total

10.00 338.75 1.1320
Demolition 10.00 x 27.72 x 1.1320 = 313.79
removal of existing and installation of new. 1 unit per apartment. 10 apartments 06 41 13 00 0074 36" Wide, 30" High x 12" Deep, Double Door, Solid Maple Face Frame and Door, Wall Cabinet
40 EA $6,210.83
Installation x x = 5,583.36
Quantity Unit Price Factor Total

10.00 493.23 1.1320
Demolition 10.00 x 55.43 x 1.1320 = 627.47
removal of existing and installation of new. 1 unit per apartment. 10 apartments 41 11 30 13 13 0016 EA 36" Venting Range Hood (Broan 40000) $3,489.50 Installation x x = 2,788.34
Quantity Unit Price Factor Total

10.00 246.32 1.1320
Demolition 10.00 x 61.94 x 1.1320 = 701.16
removal of existing and installation of new. 1 unit per apartment. 10 apartments 42 11 30 13 13 0084 EA 1/3 HP Insulated Garbage Disposal (GE GFC320V) $701.16 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 249.98 1.1320
Demolition 10.00 x 61.94 x 1.1320 = 701.16
removal of existing garbage disposals. Not installing new units. 10 apartments 43 12 36 61 19 0005 SF 1-1/4" Thick, Quartz Agglomerate Countertop With Backsplash $36,310.03 Installation x x = 30,422.73
Quantity Unit Price Factor Total
220.00 122.16 1.1320
Demolition 220.00 x 23.64 x 1.1320 = 5,887.31
removal of existing and installation of new. ss sf per apartment. 10 apartments 44 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $1,568.05 Installation x x = 1,568.05
Quantity Unit Price Factor Total

10.00 138.52 1.1320
one sink per apartment. 10 apartments
45 22 01 40 81 0004 EA Removal And Replacement Of Chrome Supply Lines To Sink/Lavatory, Pair $297.60 Installation x x = 297.60
Quantity Unit Price Factor Total

10.00 26.29 1.1320
replace supply lines 10 apartments

Page 5 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
133
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Cuesta Del Mar
46 22 01 40 81 0006 EA Removal And Replacement Of Double Bowl Sink/Lavatory Drain Line $643.66 Installation x x = 643.66
Quantity Unit Price Factor Total

10.00 56.86 1.1320
replace drain line 10 apartments
22 41 16 16 0003 33" x 21" x 6-1/2" Stainless Steel Kitchen Sink, Double Bowl, 20 Gauge (Elkay D233213)
47 EA $8,008.90
Installation x x = 6,873.84
Quantity Unit Price Factor Total

10.00 607.23 1.1320
Demolition 10.00 x 100.27 x 1.1320 = 1,135.06
removal of existing and installation of new. 10 apartments 22 41 39 00 0006 Chrome Two Handle Kitchen Faucet With Spray, Three Hole Installation, 8" Center (Delta 2402LF-LHP+H215)
48 EA $2,536.81
Installation x x = 2,006.47
Quantity Unit Price Factor Total

10.00 177.25 1.1320
Demolition 10.00 x 46.85 x 1.1320 = 530.34
removal of existing and installation of new. 10 apartments 22 42 39 00 0217 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558)
49 EA $1,156.00
Installation x x = 933.22
Quantity Unit Price Factor Total

20.00 41.22 1.1320
Demolition 20.00 x 9.84 x 1.1320 = 222.78
new angle stops installed in each apartment. 10 apartments Subtotal for Cuesta Del Mar $113,685.54
Fashion Park
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.
50 EA $10,308.89
Installation x x = 10,308.89
Quantity Unit Price Factor Total

11.00 827.89 1.1320
for safe off and reconnection of countertop outlets as well as disconnect existing garbage disposal outlet . 2 units per day. 21 units in complex. 11 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. 51 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
52 EA $17,032.64
Installation x x = 16,154.50
Quantity Unit Price Factor Total

42.00 339.78 1.1320
Demolition 42.00 x 18.47 x 1.1320 = 878.14
removal of existing and installation of new. 2 units per apartment. 21 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
53 EA $43,786.60
Installation x x = 39,833.55
Quantity Unit Price Factor Total

63.00 558.55 1.1320
Demolition 63.00 x 55.43 x 1.1320 = 3,953.05
removal of existing and installation of new. 3 units per apartment. 21 apartments 06 41 13 00 0043 36" Wide, 12" High x 12" Deep, Double Door, Solid Maple Face Frame and Doors, Wall Cabinet
54 EA $29,505.57
Installation x x = 25,552.52
Quantity Unit Price Factor Total

63.00 358.30 1.1320
Demolition 63.00 x 55.43 x 1.1320 = 3,953.05
removal of existing and installation of new. 3 units per apartment. 21 apartments

Page 6 of 12 ends

2/22/2023
Contractor's Price Proposal - Detail
134
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 113054.00
OHA - Cabinet Install at Housing Authority
Fashion Park
06 41 13 00 0068 18" Wide, 30" High x 12" Deep, Single Door, Solid Maple Face Frame and Door, Wall Cabinet
55 EA $8,711.72
Installation x x = 8,052.77
Quantity Unit Price Factor Total

21.00 338.75 1.1320
Demolition 21.00 x 27.72 x 1.1320 = 658.96
removal of existing and installation of new. 1 unit per apartment. 21 apartments 06 41 13 00 0074 36" Wide, 30" High x 12" Deep, Double Door, Solid Maple Face Frame and Door, Wall Cabinet
56 EA $13,042.75
Installation x x = 11,725.06
Quantity Unit Price Factor Total

21.00 493.23 1.1320
Demolition 21.00 x 55.43 x 1.1320 = 1,317.68
removal of existing and installation of new. 1 unit per apartment. 21 apartments 57 11 30 13 13 0016 EA 36" Venting Range Hood (Broan 40000) $7,327.96 Installation x x = 5,855.52
Quantity Unit Price Factor Total

21.00 246.32 1.1320
Demolition 21.00 x 61.94 x 1.1320 = 1,472.44
removal of existing and installation of new. 1 unit per apartment. 21 apartments 58 11 30 13 13 0084 EA 1/3 HP Insulated Garbage Disposal (GE GFC320V) $1,472.44 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 249.98 1.1320
Demolition 21.00 x 61.94 x 1.1320 = 1,472.44
removal of existing garbage disposals. Not installing new units. 21 apartments 59 12 36 61 19 0005 SF 1-1/4" Thick, Quartz Agglomerate Countertop With Backsplash $76,251.07 Installation x x = 63,887.73
Quantity Unit Price Factor Total
462.00 122.16 1.1320
Demolition 462.00 x 23.64 x 1.1320 = 12,363.34
removal of existing and installation of new. ss sf per apartment. 21 apartments 60 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $3,292.90 Installation x x = 3,292.90
Quantity Unit Price Factor Total

21.00 138.52 1.1320
one sink per apartment., 21 apartments
61 22 01 40 81 0004 EA Removal And Replacement Of Chrome Supply Lines To Sink/Lavatory, Pair $624.97 Installation x x = 624.97
Quantity Unit Price Factor Total

21.00 26.29 1.1320
replace supply lines, 21 apartments
62 22 01 40 81 0006 EA Removal And Replacement Of Double Bowl Sink/Lavatory Drain Line $1,351.68 Installation x x = 1,351.68
Quantity Unit Price Factor Total

21.00 56.86 1.1320
replace drain line, 21 apartments
22 41 16 16 0003 33" x 21" x 6-1/2" Stainless Steel Kitchen Sink, Double Bowl, 20 Gauge (Elkay D233213)
63 EA $16,818.69
Installation x x = 14,435.07
Quantity Unit Price Factor Total

21.00 607.23 1.1320
Demolition 21.00 x 100.27 x 1.1320 = 2,383.62
removal of existing and installation of new. 21 apartments 22 41 39 00 0006 Chrome Two Handle Kitchen Faucet With Spray, Three Hole Installation, 8" Center (Delta 2402LF-LHP+H215)
64 EA $5,327.31
Installation x x = 4,213.59
Quantity Unit Price Factor Total

21.00 177.25 1.1320
Demolition 21.00 x 46.85 x 1.1320 = 1,113.72
removal of existing and installation of new. 21 apartments

Page 7 of 12 ends

Oxnard City CouncilMarch 21, 2023

Oxnard City Council
March 21, 2023