Agenda packet — Oxnard City Council, May 2, 2023 (part 2 of 3)

Part 5. Section 22-62 of the Oxnard City Code is hereby renamed to “Monthly Fixed Water Meter Charges” and is amended in its entirety to read as follows:

SEC. 22-62. MONTHLY FIXED WATER METER CHARGES.

In addition to monthly rates for water use (per HCF) as set forth in section 22-61, all accounts shall pay one of the following monthly meter rates, based on service connection or meter size as follows:
(A) Monthly Fixed Water Meter Charges According to Meter Size:

Meter
Size
Effective
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
5/8” or
¾”
$22.78 $24.94 $26.19 $27.50 $28.87
1” $33.47 $36.65 $38.48 $40.41 $42.43
1 ½” $60.20 $65.92 $69.21 $72.68 $76.31
2” $92.27 $101.04 $106.09 $111.39 $116.96
3” $193.84 $212.25 $222.87 $234.01 $245.71
4” $327.49 $358.60 $376.53 $395.36 $415.13
6” $674.96 $739.08 $776.04 $814.84 $855.58
8” $968.98 $1061.03 $1114.08 $1169.79 $1228.28
10” $1557.02 $1704.94 $1790.18 $1879.69 $1973.68
10” Proctor &
Gamble
Only
$579.29 $634.33 $666.04 $699.35 $734.31
297
Ordinance No.

Page 10 of 13 ends

(B) Monthly Fixed Charges for Fire Service Lines:

Fire
Protection –
Connection
Size
Effective
July 1, 2023
July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027
¾” $4.79 $5.25 $5.51 $5.78 $6.07
1” $4.97 $5.44 $5.71 $6.00 $6.30
1 ½” $5.62 $6.15 $6.46 $6.78 $7.12
2 $6.73 $7.37 $7.74 $8.12 $8.53
3 $10.72 $11.74 $12.33 $12.94 $13.59
4 $17.62 $19.29 $20.26 $21.27 $22.34
6 $42.35 $46.37 $48.69 $51.13 $53.68
8 $85.01 $93.09 $97.74 $102.63 $107.76
10 $149.18 $163.35 $171.52 $180.10 $189.10
(C) Monthly Charges for Recycled Water Meters:

Meter Size Effective
July 1, 2023
July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027
4” $327.49 $358.60 $376.53 $395.36 $415.13
6” $674.96 $739.08 $776.04 $814.84 $855.58
8” $968.98 $1061.03 $1114.08 $1169.79 $1228.28
298
Ordinance No.

Page 11 of 13 ends

12” $2,305.43 $2,524.45 $2,650.67 $2,783.20 $2,922.36
(D) Monthly fixed rates for non-metered construction:

Meter Size Effective Sept.
1, 2017
¾” $36.86
1” $67.93
1 ½” $156.77
2” $295.26
(E) Monthly fixed rates for metered construction:

Meter Size Effective
Sept. 1, 2017
1” $22.53
3” $147.47
Part 6. Section 22-63 (“Special Water Services”) of the Oxnard City Code is herein amended in its entirety to read as follows:

SEC. 22-63. SPECIAL WATER SERVICES.

Each customer shall pay the following fees, according to the service received. (A) Effective July 1, 2023. Where meters are not installed, water services shall be paid at the rate and or fee as set forth in sections 22-61 and 22-62 of this Article, for each dwelling facility, business activity, construction site, or service, whether or not such facility, activity, site or service is at the same location. Any unmetered service shall be temporary and limited to the shortest duration practical.
299
Ordinance No.

Page 12 of 13 ends

(B) Service to the city.
(1) The city shall pay for all installation services furnished to the city at the rates established by this Article. However, the Water Division shall be exempt from paying for installation service.
(2) The city shall pay for all water furnished to the city at the rates established by this Article. However, the Water Division and the Fire Department shall be exempt from paying for water provided to them.
(3) All water furnished to property owned by the city shall be metered. (E) Temporary agricultural use. The city may provide water on a temporary basis for agricultural purposes in accordance with section 22-66 of the city code. Monthly water rates for temporary agricultural purposes shall be the same as commercial/industrial recycled water rates or commercial potable water rates. (F) Broken locks. In the event a customer breaks a lock placed on the water meter, in addition to all other amounts due, the customer shall pay a fee of $12 to replace the broken lock.
(G) Billing and collection; delinquent bills; nonpayment. The customer shall pay a fee of $15 for each visit to a customer’s property to collect a water bill that is delinquent. If water service is discontinued due to nonpayment or non-compliance with the city code or this section, in addition to all other amounts due, the customer shall pay a fee of $80 for resuming service.
(H) Billing procedure for periodic charge for city water service. Water service bills shall be computed according to the rates then in effect and the number of days in the service period at each rate.

Part 7. The provisions of this ordinance shall be applicable to all service provided or charges incurred on and after July 1, 2023.

Part 8. If any term or portion of this ordinance is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect. Where that is the case, the City Council intends that the provisions of Ordinance No. 2921 that would have been repealed by this ordinance shall remain in effect as if this ordinance had not been adopted.

Part 9. The City Council exercises its independent judgment and made findings herein above, that this ordinance is not subject to CEQA pursuant to Public Resources Code section 21080(b)(8) and 21083 in conjunction with California Code of Regulations, Title 14, Chapter 3, section 15273 (CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, told, fares, or other charges by public agencies which the public agency makes appropriate findings pursuant to this section), because the activity is covered by the general rule that CEQA applies only to projects that will have a significant effect on the environment. There is no possibility that the passage of this ordinance will have a significant effect on the environment and adoption of this ordinance is exempt from CEQA. 300
Ordinance No.

Page 13 of 13 ends

Part 10. Pursuant to Government Code Section 36933(c)(l), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five (5) days before the City Council's adoption of the ordinance.

Part 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) calendar days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. _____ was first read on May 2, 2023, finally adopted on May 16, 2023 to become effective on July 1, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
John Zaragoza, Mayor
ATTEST:
________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen M. Fischer, City Attorney
301
United States Postal Service
Postage Statement -- First-Class Mail
Processed By: SS1 on 03/13/23 04:43:40 PM
Transaction Number:
202307218434005 M0
CAPS / EPS Transaction Number:

Postage Statement Number:
534346585

Mailing Group ID
402349552
Mailing Job Number
J16730_City_of_Oxnard
Open Date
03-13-2023
Preparer
399-PI-National Graphics
Origin
PSW - Mailer Entered
Close Date

Job Description

Permit Holder's Name and Address and Email Address, if Any

CITY OF OXNARD
305 W 3RD ST
OXNARD, CA 93030-5790
Contact Name: PATRICIA

GARCIA,LBOERNER,MHART
(805)385-7539
[email protected]

CAPS Customer Ref. No: J16730_City_of_Oxnard

CRID: 3393333
Name and Address of Mailing Agent
(If other than permit holder)

National Graphics
200 N ELEVAR ST
OXNARD, CA 93030-7969
Contact Name: ROBERT ACOSTA
(805)981-2600
[email protected]

CRID: 1842207
Name and Address of Individual or
Organization for Which Mailing is Prepared
(If other than permit holder)

CITY OF OXNARD
305 W 3RD ST
OXNARD, CA 93030-5790
Contact Name: PATRICIA

GARCIA,LBOERNER,MHART
(805)385-7539
[email protected]

CRID: 3393333

Post Office of Mailing
OXNARD CA 93030-9998

Processing
Category
Letters
(may
include
Cards)
Parcels Only
Hold For Pickup
(HFPU):

No. of Pieces
0 Mailer's Mailing Date
03/13/23
Federal Agency Cost Code

Statement Seq. No.

No. & type of Containers

Sacks: 0
1 ft. Letter Trays: 0
2 ft. Letter Trays: 164
EMM Letter Trays: 0
Flat Trays: 0
Pallets: 8
Other: 0
Type of Postage
Permit Imprint
Weight of a Single Piece

0.0500 lbs.

Combined Mailing
[ ]Single Class
SSF Transaction ID #

_____________________
Total Pieces
42,533
Permit #
399
For Mail Enclosed Within Another Class
[ ]Marketing Mail [ ]Bound Printed Matter [ ]Library Mail [ ]Media Mail
[ ]Periodicals
[ ]Parcel Post
Customer Generated
Electronic Labels
[ ] SigCon
For Automation Rate Pieces, Enter Date of
Address Matching and Coding

03/13/23
Move Update Method:

Total Weight
2,126.6500 lbs.

Letter-size mailpieces contain:
[ ]Round Trip Only: One DVD/CD or other disk

Parts Completed A
This is a Political Mailing
No
This is Official Election Mail
No

Subtotal Postage (Add parts totals)
$19,905.44
Complete if the mailing includes pieces bearing metered/PC Postage or precanceled stamps.

Rate at Which Postage Affixed (Check one)
[ ]Correct [ ]Lowest [ ]Neither
_____ pcs. x $ ____.____ = Postage Affixed
$0.000
Incentive/Discount Flat Dollar Amount
$-127.60
Fee ____________
$0.00
Net Postage Due
$19,905.44
For USPS Use Only: Additonal Postage Payment (State reason) Total USPS Adjusted Postage
$19,905.44

Incentive/Discount Claimed: N/A Type of Fee: N/A The mailer certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing, subject to appeal. If an agent certifies that he or she is authorized on behalf of the mailer then that mailer is bound by the certification and agrees to pay any deficiencies. In addition, agents may be liable for any deficiencies resulting from matters within their responsibility, knowledge, or control. The mailer hereby certifies that all information furnished on this form is accurate, truthful, and complete; that the mail and the supporting documentation comply with all postal standards and the mailing qualifies for the prices and fees claimed; and that the mailing does not contain any matter prohibited by law or postal regulation. I understand that anyone who furnishes false or misleading information on this form or who omits information requested on this form may be subject to criminal and/or civil penalties, including fines and imprisonment.

Privacy Notice: For information regarding our Privacy Policy visit www.usps.com Mailing GroupMailerMailingPostageCertification
PS Form 3600-FCM Jan 2023 (Page 1 of 2)
This postage statement was verified and accepted under the PostalOne! program. No postal signature or round stamp is required. 302
Part A
Automation Prices
Letters
Price
No. of Pieces
Subtotal
Postage
Discount
Total*
Fee Total
Total Postage
A4
5-Digit
$0.471
42,533
$20,033.04
30 $-127.5990
$0.0000
$19,905.4440
A11
Part A Total(Add lines A1-A10)
$19,905.44
A13
DISPLAY ONLY Letters - Number of pieces that comply 42533.0 x 0.003 = $127.5990
* May contain both Full Service Intelligent Mail and other discounts. ______________________________________________________________________________________ PS Form 3600-FCM Jan 2023 (Page 2 of 2)
This postage statement was verified and accepted under the PostalOne! program. No postal signature or round stamp is required. 303
United States Postal Service
Postage Statement -- First-Class Mail
Processed By: SS1 on 03/15/23 04:34:06 PM
Transaction Number:
202307418340698 M0
CAPS / EPS Transaction Number:

Postage Statement Number:
534714305

Mailing Group ID
402659608
Mailing Job Number
J16730_City_of_Oxnard_D2
Open Date
03-15-2023
Preparer
399-PI-National Graphics
Origin
PSW - Mailer Entered
Close Date

Job Description

Permit Holder's Name and Address and Email Address, if Any

CITY OF OXNARD
305 W 3RD ST
OXNARD, CA 93030-5790
Contact Name: PATRICIA

GARCIA,LBOERNER,MHART
(805)385-7539
[email protected]

CAPS Customer Ref. No: J16730_City_of_Oxnard_D2

CRID: 3393333
Name and Address of Mailing Agent
(If other than permit holder)

National Graphics
200 N ELEVAR ST
OXNARD, CA 93030-7969
Contact Name: ROBERT ACOSTA
(805)981-2600
[email protected]

CRID: 1842207
Name and Address of Individual or
Organization for Which Mailing is Prepared
(If other than permit holder)

CITY OF OXNARD
305 W 3RD ST
OXNARD, CA 93030-5790
Contact Name: PATRICIA

GARCIA,LBOERNER,MHART
(805)385-7539
[email protected]

CRID: 3393333

Post Office of Mailing
OXNARD CA 93030-9998

Processing
Category
Letters
(may
include
Cards)
Parcels Only
Hold For Pickup
(HFPU):

No. of Pieces
0 Mailer's Mailing Date
03/15/23
Federal Agency Cost Code

Statement Seq. No.

No. & type of Containers

Sacks: 0
1 ft. Letter Trays: 7
2 ft. Letter Trays: 169
EMM Letter Trays: 0
Flat Trays: 0
Pallets: 7
Other: 0
Type of Postage
Permit Imprint
Weight of a Single Piece

0.0500 lbs.

Combined Mailing
[ ]Single Class
SSF Transaction ID #

_____________________
Total Pieces
43,402
Permit #
399
For Mail Enclosed Within Another Class
[ ]Marketing Mail [ ]Bound Printed Matter [ ]Library Mail [ ]Media Mail
[ ]Periodicals
[ ]Parcel Post
Customer Generated
Electronic Labels
[ ] SigCon
For Automation Rate Pieces, Enter Date of
Address Matching and Coding

03/15/23
Move Update Method:

Total Weight
2,170.1000 lbs.

Letter-size mailpieces contain:
[ ]Round Trip Only: One DVD/CD or other disk

Parts Completed A
This is a Political Mailing
No
This is Official Election Mail
No

Subtotal Postage (Add parts totals)
$20,683.36
Complete if the mailing includes pieces bearing metered/PC Postage or precanceled stamps.

Rate at Which Postage Affixed (Check one)
[ ]Correct [ ]Lowest [ ]Neither
_____ pcs. x $ ____.____ = Postage Affixed
$0.000
Incentive/Discount Flat Dollar Amount
$-130.21
Fee ____________
$0.00
Net Postage Due
$20,683.36
For USPS Use Only: Additonal Postage Payment (State reason) Total USPS Adjusted Postage
$20,683.36

Privacy Notice: For information regarding our Privacy Policy visit www.usps.com Mailing GroupMailerMailingPostageCertification
PS Form 3600-FCM Jan 2023 (Page 1 of 2)
This postage statement was verified and accepted under the PostalOne! program. No postal signature or round stamp is required. 304
Part A
Automation Prices
Letters
Price
No. of Pieces
Subtotal
Postage
Discount
Total*
Fee Total
Total Postage
A4
5-Digit
$0.471
34,493
$16,246.20
30 $-103.4790
$0.0000
$16,142.7240
A5
AADC
$0.507
6,805
$3,450.135
0 $-20.4150
$0.0000
$3,429.7200
A6
Mixed AADC
$0.531
2,104
$1,117.224
0 $-6.3120
$0.0000
$1,110.9120
A11
Part A Total(Add lines A1-A10)
$20,683.36
A13
DISPLAY ONLY Letters - Number of pieces that comply 43402.0 x 0.003 = $130.2060
* May contain both Full Service Intelligent Mail and other discounts. ______________________________________________________________________________________ PS Form 3600-FCM Jan 2023 (Page 2 of 2)
This postage statement was verified and accepted under the PostalOne! program. No postal signature or round stamp is required. 305
306
307
308
309
310
311
312
313
314
315
316
317
Scenario 2 - Moderate (50% CIP Funding and Meet Debt Coverage) Fixed charges:
318
Scenario 2 - Moderate (50% CIP Funding and Meet Debt Coverage) Variable Charges:

Note: Tier Breakpoints are listed in CCF (One CCF is equal to 748 gallons of water). 319
Scenario 2 - Moderate (50% CIP Funding and Meet Debt Coverage) Debt Coverage and Reserves Table:
320
Scenario 3- Ultra-Aggressive CIP Funding and Meet Debt Coverage Fixed charges:
321
Scenario 3- Ultra-Aggressive CIP Funding and Meet Debt Coverage Variable Charges:

Note: Tier Breakpoints are listed in CCF (One CCF is equal to 748 gallons of water). 322
Scenario 3- (Ultra-Aggressive CIP Funding and Meet Debt Coverage) Debt Coverage and Reserves Table:
323
Public Hearing on Proposed
Water Rate Increases and
Introduction of an Ordinance
Establishing New Water Rates,
Fees and Charges
City Council Meeting
May 2, 2023
Joseph Marcinko
Assistant Director of Public Works
Water Utilities
324
That the City Council:

1. Hold a public hearing to receive public testimony and consider all protests concerning the adoption of an ordinance establishing water system user fees and charges; and

2. Find that the California Environmental Quality Act (CEQA) does not apply, to the ordinance that modifies the City’s water rates; and

3. Approve the introduction and first reading of the ordinance establishing rates, fees and charges for the use of and services relating to the City’s water services.

RECOMMENDATION 2
325
OXNARD WATER CUSTOMERS 3
326
SUMMARY OF OPERATIONS: Acquire - Treat - Deliver - Administer 4 327
OXNARD’S POTABLE WATER SOURCES 5
328
AN ACRE-FOOT OF WATER 6
329
• Routine review of rates is good management practice
(Usually 5 year cycles)
• Most recent Rate Study was conducted in 2017
• August 2022: Raftelis began cost of service and water rate study
BACKGROUND 7
330
Challenges facing the City’s water utility:
• Climate Change
• Aging Infrastructure
• Global Supply Chain Issues
• Rising Equipment/Supply Costs
• Rising Cost of Imported Water
DISCUSSION 8
331
CONSUMER PRICE INDEX 9
332
SAMPLE PRODUCT COST INCREASE 10
333
Operational and Functional Costs:

1. Purchase costs of various water supplies (40-50%)

2. Important operation and maintenance expenses

3. Capital Improvement Program (CIP) projects and costs

4. Debt service on bonds issued for system improvements

5. Water monitoring, testing, and compliance

6. Operating Reserves
OPERATIONAL AND FUNCTIONAL COSTS 11
334
EFFICIENT EFFORTS 12
What we’re doing to keep costs down
335
OPERATIONAL EFFICIENCY Maximize the purchase of groundwater 13 336
RATE STUDY GOALS 14
337
INPUT & CONSIDERATIONS 15
338
WATER RATE HISTORY 16
339
WATER FUND BALANCE WITHOUT NEW RATES 17
340
PROPOSED RATE CHANGE OVERVIEW - FIXED CHARGES 18
341
PROPOSED RATE CHANGE OVERVIEW - VOLUMETRIC RATES 19
342
SAMPLE BILL WITH PROPOSED RATE CHANGE 20
343
DROUGHT RATES 21
● During droughts, customers conserve water
● Water conservation results in reduced consumption
● There is a corresponding reduction in expenditures
● The reduced consumption impacts revenues
● Operational costs remain relatively constant
● Drought rates ensure revenue covers remaining costs
● City Council can implement drought rates
344
DROUGHT RATE - VALUE DIFFERENCES 22
Note:
● Drought Rate values in the proposed Ordinance/COS are lower than the values in the Prop 218 notice
● Approval of lower amounts than what is in the notice is allowed ● Staff recommends the lower values noted in the Ordinance and COS 345
FINANCIAL ASSISTANCE PROGRAMS 23
346
a. Cannot collect revenue beyond what is necessary to provide service. b. Revenues derived by the charge shall not be used for any other purpose.
c. The fee may not exceed the proportional cost of service for the parcel.
d. No charge may be imposed for a service unless that service is actually used or immediately available to the owner of the property. e. A written notice of the proposed charge shall be mailed to the record owner of each parcel at least 45 days prior to the public hearing when the agency considers all written protests against the charge.

PROP 218 REQUIREMENTS 24
347
PROPOSITION 218 INFORMATION 25
● Proceedings for new water rates followed the Proposition 218 requirements as set in Resolution 14,877
● Proposition 218 notices were mailed to parcel owners and water service account holders
● There are 43,859 served parcels in the City of Oxnard ● If the number of protests received up to the closure of the May 2, 2023 public hearing are < 21,930, the Council may consider a rate increase
● If the number of protests received up to the closure of the May 2, 2023 public hearing are 21,930 or more, proceedings will cease
348
● Improve the water system’s financial performance
● Reduce the possibility of future bond rating downgrades ● Provide revenue that will
○ Meet the debt coverage ratio
○ Sustain critical operations and maintenance
○ Fund capital expenditures
● Absent an increase in rates
○ Significant decreases to the water operations
○ Deferring of maintenance items
○ Ceasing critical capital projects will need to be considered FINANCIAL IMPACT 26
349
Questions
QUESTIONS 27
350

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.2

DATE: May 2, 2023

TO: City Council

FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]

SUBJECT: Project Del Sol High School Street Naming; Planning and Zoning (PZ) Permit No. 22-650-01 (Street Name Change); Located near the northeast corner of Rose Avenue and Camino Del Sol. (20 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing; and

2. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

3. Adopt a Resolution approving the request to name the currently unnamed streets Jaguar Way and Jacinto Drive.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/rEPDXxp8Iz8

BACKGROUND

The Oxnard Union High School District (“District”) is currently constructing a new high school (Del Sol High School) which will consist of approximately 280,000 square feet (sq. ft.) of building structures and a variety of recreational facilities, approximately 720 parking spaces, landscaping, and associated infrastructure on the 52.52-acre project site located near the northeast corner of Rose Avenue and Camino Del Sol (“Site”). Access to the school will be provided from Camino Del Sol and a newly constructed extension of Jacinto Drive to the north of the project Site that will connect to Rose Avenue to the west and the existing termination of Jacinto Drive to the east.

The Del Sol High School property is part of the City’s East Village Neighborhood and is within the Northeast Community Specific Plan (the “NECSP”). The School site is part of a 107-acre property which has been historically referred to as the Maulhardt Property (in reference to the original land owners) or East Village, Phase III (herein “East Village”). The property was farmed with row crops for many years, and currently consists of fallow land and a historic residence, in addition to the new Del Sol High School that is under construction.

While the school construction and site plan is approved by the state, the local jurisdiction (City of Oxnard) is responsible for the review and approval of all traffic and pedestrian related improvements, and all utilities which connect to City infrastructure. To date, City staff has reviewed all improvement plans and issued permits for all of the required off-site infrastructure. The construction of the high school and the off-site infrastructure has been progressing since 2021.

ANALYSIS AND DISCUSSION:

On January 13, 2023, the Street Naming Committee reviewed and recommended approval of a request to name two new streets being constructed as part of the Del Sol High School project. Newly proposed street names must consider and 351
meet the street naming policies as provided by City Council Resolution No. 13,448. The street name considers policies such as the name length, the established alphabetical City grid system, and spelling and pronunciation conflicts with similar or existing City named streets. Resolution No. 13,448 establishes thematic street name quadrants throughout the City. The system is intended to lend identity and character to various areas of the City. This system is also intended to aid residents of Oxnard, visitors, delivery services, and City departments in locating streets efficiently. Street names are typically approved as part of a final map approval. However, the subject streets were created as part of the Del Sol High School Project and as a school project they were not required to process a map. In this case, City Council action via a resolution of approval will officially name the two subject streets.

Both of these streets are located within the Northeast Quadrant which establishes that streets shall be assigned Spanish language names. The proposed names would both be consistent with the Northeast Quadrant theme. The first street is a new street that will run along the east side of the new high school, between Rose Avenue (West) and Festivo Street (East). The proposed name is “Jaguar Way”, consistent with the school's proposed mascot. This is similar to Raiders Way, in front of Channel Islands High School. While this name is not consistent with the alphabetical grid system, the street naming committee was supportive of the proposed name, as the street would only directly serve Del Sol High School. Also, the area adjacent to the street is builtout, so it is unlikely that any other development would take direct access from the new street. Pursuant to City Council Resolution No. 13,448, exceptions can be made to the street naming policies if the public interest is served. As this would support the identity of the new high school in the community, the Street Naming committee found it would serve the public interest.

The second street will run along the north side of the high school connecting the existing Jacinto Drive to Rose Avenue.

This road is proposed to be named “Jacinto Drive”. The naming of the northern road “Jacinto Drive” would be consistent with the alphabetical grid system and would provide for continuity. West of Rose Avenue the street name would change to Camino De La Luna, however the street naming committee found that it was more appropriate to have the name change occur at the major intersection. Currently, this new street would only provide access to the Del Sol High School.

However, the new street may provide street access to the remaining portion of the Maulhardt property to the north, should it be developed in the future.

ENVIRONMENTAL REVIEW

Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), it can be seen with certainty that there is no possibility that the proposed naming of these new roads would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3), and staff recommends that the City Council accept a Notice of Exemption as part of the determination and the adoption of a resolution by the City Council.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The project would not have a fiscal impact on the City. The signs for the proposed streets will be provided by Del Sol High School as part of the street improvements.

COMMITTEE OUTCOME

This was reviewed by the Street Naming Committee in accordance with City Council Resolution No. 13,448. Therefore, this item did not originate in Committee.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. Street Naming Location Exhibit

2. City Council Resolution 13,448

3. Draft City Council Resolution and Exhibit A- Street Naming Exhibit 352

4. Street Naming CC Presentation

353

NORTHEAST COMMUNITY SPECIFIC PLAN
5 OF
5 SHEET

DEL SOL HIGH SCHOOL

OFF-SITE COST ESTIMATE EXHIBIT C - SEWER
8" PVC
Jacinto Drive
Jaguar Way
354
355
356
357
358
359
360
361
362

CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.________
A RESOLUTIONOF THECITYCOUNCILOF THECITYOF OXNARDAPPROVINGOFTWONEWSTREETSLOCATEDNEARTHENORTHEASTCORNEROF ROSEAVENUEANDCAMINODELSOL.FILEDBY DR.THOMASMCCOY, 1800SOLARDRIVE,OXNARD,CA93030ONBEHALFOFTHEOXNARDUNIONHIGHSCHOOL(THE“APPLICANT”).

WHEREAS,Dr. ThomasMcCoy(the“Applicant”)submitteda requestto approvePlanningandZoningPermitNos.22-650-01(StreetNameChange)toallowforthenamingoftwonewstreetsbeingconstructedaspartoftheDelSolHighSchoolproject.Thefirststreetisanewstreetthatwillrunalongtheeastsideofthenewhighschoolandisproposedtobenamed“JaguarWay”.ThesecondstreetwillrunalongthenorthsideofthehighschoolconnectingtheexistingJacintoDrivetoRoseAvenue.Thisroadisproposedtobenamed“JacintoDrive”;and WHEREAS,inaccordancewithCityCouncilResolutionNo.13,448,theStreetNamingCommitteehasreviewedandrecommendedthattheCityCouncilapprovePlanningandZoningPermitNo.22-650-01,tonametwonewstreetsbeingconstructedaspartoftheDelSolHighSchoolprojectwithintheNortheastCommunitySpecificPlan;and WHEREAS,theStreetNamingCommitteehasfollowedtheprocedureandpoliciesassetforthinCityCouncilResolutionNo.13,448;and WHEREAS,theStreetNamingCommitteedeterminedthattherearenositeaddressesalongtheproposedunnamedstreets;and WHEREAS,theStreetNamingCommitteeis infavorofnamingtheunnamedstreets“JaguarWay”and“JacintoDrive”;and WHEREAS,onMay2,2023,theCityCounciloftheCityofOxnardconductedapublichearingforthenamingtheunnamedstreets“JaguarWay”and“JacintoDrive”,whichwasdulynoticed,andatwhichtimeallpersonsdesiringtobeheardwereheard;and WHEREAS,evidencewassubmittedandconsideredtoincludewithoutlimitation:planssubmittedbytheApplicant;writteninformationsubmittedwiththeapplication;oraltestimonyfromStaff,theapplicant,andthepublic;staff report,datedMay2,2023,whichwasincorporatedbythisreferenceasthoughfullysetforthherein;andadditionalinformationsubmittedduringthehearing.

NOW, THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOFOXNARD:

SECTION1. TheCityCouncilpursuanttoCaliforniaEnvironmentalQualityAct(PublicResourcesCodeSections21000et seq.,“CEQA”)andtheregulationspromulgatedthereunder(14CaliforniaCodeofRegulationsSections15000etseq.,the“CEQAGuidelines”),itcanbeseenwithcertaintythatthereisnopossibilitythattheproposednamingofthesenewroadswouldhavea significanteffectontheenvironment(CEQAGuidelinesSection15061(b)(3),andstaff 363
ResolutionNo. ______PZ22-650-01; Del Sol HighSchool Street NamingMay2, 2023Page2of 3 recommendsthattheCityCouncilacceptaNoticeofExemptionaspartofthedeterminationandtheadoptionofaresolutionbytheCityCouncil.

SECTION2. TheCityCounciloftheCityofOxnardfindsthatthenamingof“JaguarWay”tobeinthepublicinterestasthiswouldsupporttheidentityofthenewhighschoolinthecommunity.

SECTION3. Thatthe CityCouncilof the Cityof Oxnarddoesherebynamethecurrentlyunnamedstreets“JaguarWay”and“JacintoDrive”,inaccordancewithExhibitAofthisresolution.

SECTION4. ThemapattachedheretoasExhibit“A”showstheproposedstreetstobenamedandshallbeonfileintheofficeoftheCityClerklocatedat300WestThirdStreet,FourthFloor, Oxnard,California93030.

SECTION5. TheCityClerkshallcertifytheadoptionofthisResolution.

PASSED,APPROVED,ANDADOPTEDbytheCityCounciloftheCityofOxnardonthis2nddayofMay2023,bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

JohnZaragoza,Mayor
ATTEST: ________________________________RoseChaparro,CityClerk APPROVEDASTOFORM:
___________________________________StephenM.Fischer, CityAttorney 364
ResolutionNo. ______PZ22-650-01; Del Sol HighSchool Street NamingMay2, 2023Page3of 3

EXHIBITA

STREETNAMINGEXHIBIT
365

NORTHEAST COMMUNITY SPECIFIC PLAN
5 OF
5 SHEET

DEL SOL HIGH SCHOOL

OFF-SITE COST ESTIMATE EXHIBIT C - SEWER
8" PVC
Jacinto Drive
Jaguar Way
366
Del Sol High School Street Naming
1 City Council
May 2, 2023
Planning & Zoning Permit No. 22-650-01 (Street Name Change) Joe Pearson II, Planning Manager
Maureen Tamuri, Interim Community Development Director

367
Project Description Street Naming
2 Request to name two new streets
being constructed as part of the
Del Sol High School project. The
first street is proposed to be
named “Jaguar Way”. The second
street is proposed to be named
“Jacinto Drive”.
368
Project Location
3 Future intersection of Jaguar Way
and Camino Del Sol
Future intersection of Rose and
Camino De La Luna/Jacinto Drive
Future intersection of Jaguar Way
and Jacinto Drive
369
Background: Del Sol High School
The Oxnard Union High School
District is developing a new high
school on a 52.52 acre site at the
northeast corner of Rose Avenue
and Camino Del Sol.
○ Approximately 280,000 square
feet school and associated
facilities, such as play fields and
pool.
○ Public improvements to adjacent
roadways and utilities.
4 370
Newly proposed street names must consider and meet the street naming policies as provided by City Council Resolution No. 13,448, some key policies included:
• Consideration of the name length, the established alphabetical City grid system, and spelling and pronunciation conflicts with similar or existing City named streets.
• Thematic street name quadrants throughout the City. The system is intended to lend identity and character to various areas of the City. • The project is located within the Northeast Quadrant which establishes that streets shall be assigned Spanish language names.

City Council Resolution No. 13,448
5 371
• On January 13, 2023, the Street Naming Committee reviewed and recommended approval of a request to name two new streets being constructed as part of the Del Sol High School project. • The street naming committee was supportive of the proposed “Jaguar Way” name and the continuation of “Jacinto Drive”.
• Pursuant to City Council Resolution No. 13,448, exceptions can be made to the street naming policies if the public interest would be served. • As this would support the identity of the new high school in the community, the Street Naming committee found it would serve the public interest.

Street Naming Committee Determination
6 372
Environmental Determination
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), it can be seen with certainty that there is no possibility that the proposed street naming would have a significant effect on the environment. 7 373
Staff Recommendation
That the City Council:

1. Conduct a public hearing; and

2. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

3. Adopt a Resolution approving the request to name the currently unnamed streets Jaguar Way and Jacinto Drive.
8 8
374
9 375

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.3

DATE: May 2, 2023

TO: City Council

FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]

SUBJECT: Recovery of Nuisance Abatement Costs. (15 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing to consider objections to the cost report of the property owners whose property is to be assessed for nuisance abatement costs;

2. Approve the cost report; and

3. Direct the City Manager or designee to file a certified copy of the cost report with the Ventura County Auditor- Controller.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iWF85RM9ydE

BACKGROUND

Oxnard City Code (OCC) Sections 7-17, 7-18 and 7-158, inclusive, set forth the procedures for recovering nuisance abatement costs incurred by the City in abating public nuisances. OCC Sections 7-13 and 7-157 provide that nuisance abatement costs, including any notice and appeal costs, shall be paid by the person creating, causing, committing or maintaining the nuisance.

Furthermore, OCC Section 7-14 and 7-158 provide that nuisance abatement costs shall be a lien against the property on which the nuisance is maintained, as well as a personal obligation of the property owner.

In accordance with OCC Sections 7-4 through 7-8 and 7-154 through 7-155, a notice to abate was mailed to each property owner. The notice also informed the property owner of their right to appeal and that a written request for an appeal before a hearing officer must be received by the City Clerk within 10 days of receiving this notice. No requests for appeal were received.

Pursuant to OCC sections 7-16 and 7-158, the Nuisance Abatement Cost Report 2022 (Attachment 1) was posted at City Hall, 300 West Third Street, on March 30, 2023. Pursuant to OCC Sections 7-17 and 7-158, the City Council is to consider objections by any property owner whose property is to be assessed with nuisance abatement costs as set forth in the cost report. Appropriate adjustments to the cost report may be made at the City Council’s direction.

Upon approval of the 2022 Nuisance Abatement Report, the City Manager shall file a certified copy of the report with the Ventura County Auditor-Controller in order to enter the nuisance abatement costs as special assessments on the fiscal year 2022-2023 property tax roll for the following properties:

376
5587 Saviers Road (APN 220-0-011-110): Abated on 1/25/2022, $2,909.00

161 W. Hueneme Road (APN 222-0-011-305): Abated on 1/25/2022, $6,012.00

1600 Lookout Drive (APN 187-0-123-015) : Abated on 8/12/2022, $48,126.51

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

Approval of the 2022 Nuisance Abatement Report and the placement of the special assessments on the Ventura County 2022-2023 property tax roll will enable the City to recover $57,047.51 in nuisance abatement costs incurred in 2022.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: James Stephens, Code Compliance Manager

ATTACHMENTS

1. Nuisance Abatement Cost Report 2022

2. 2022 Nuisance Abatements legal notice

3. 2022 Abatement Costs Staff Presentation

377
ATTACHMENT1NUISANCEABATEMENTREPORT
TheCityhasabatednuisancesonthefollowingpropertiesinaccordancewithOxnardCityCodeChapter7.

PROPERTYOWNER LIENPARCELNO. CLEANUPDATE TOTALDUE
DAYAENTERPRISESINCATTN.SUKHBIRKAURDHALIWAL6901WORTHWAYCAMARILLO,CA93012 220-0-011-110 ABATEMENTCOSTS:
$2,909.00
5587SAVIERSRD. NOTICECOSTS:APPEALCOSTS:NOTICEDATE:12/02/2021 01/25/2022 TOTALCOSTS:
$2,909.00
ATOIANGRIGOR-LORETTATR24940ALICANTEDRCALABASAS,CA91302
222-0-011-305 ABATEMENTCOST
$6,012.00
161W. HUENEMERD NOTICECOSTS:APPEALCOSTS:NOTICEDATE:10/19/2021 01/25/2022 TOTALCOSTS:
$6,012.00
SHELBYBROUSSEAU1600LOOKOUTDROXNARD,CA93035
187-0-123-015 ABATEMENTCOSTS:
$48,076.51
1600LOOKOUTDR. NOTICECOSTS:

50.00 APPEALCOSTS:NOTICEDATE:08/05/2022 08/12/2022 TOTALCOSTS:
$48,126.51
REPORTTOTALS: $57,047.51
PAGE1OF1
378
In the Superior Court of the State of California

IN AND FOR THE COUNTY OF VENTURA

CERTIFICATE OF PUBLICATION

TYPE OF NOTICE

STATE OF CALIFORNIA

COUNTY OF VENTURA
I
hereby certify that Ventura County VIDA
Newspaper, is a newspaper of general
circulation within the provision of the
Government Code of the State of Califor-
nia, printed and published in the County
of Ventura, State of California; that I am
the Principal Clerk of said newspaper;
that the annexed clipping is a true printed
copy and published in said newspaper on
the following dates, to wit.

I certify under penalty of perjury that the
foregoing is true and correct, at Oxnard,
County of Ventura, State of
California , on the
day of 2023
(Signature)
Manuel Muñoz

OXNARD CITY COUNCIL

NOTICE OF

PUBLIC HEARING
30th March
March 30, 2023
Published: VCVN March 30, 2023
379
Recovery of Nuisance Abatement Costs
Public Hearing
Jeff Pengilley, P.E., Assistant Director
James Stephens, Code Compliance Manager
Community Development Department
May 2, 2023
City Council
380
Background
Oxnard City Code (OCC) Sections 7-17, 7-18 and 7-158, inclusive, set forth the procedures for recovering nuisance abatement costs incurred by the City in abating public nuisances. OCC Sections 7-13 and 7-157 provide that nuisance abatement costs, including any notice and appeal costs, shall be paid by the person creating, causing, committing or maintaining the nuisance.

Additionally, OCC Section 7-14 and 7-158 provide that nuisance abatement costs shall be a lien against the property on which the nuisance is maintained, as well as a personal obligation of the property owner. 2 381
5587 Saviers Road 3
● On January 25, 2022, an abatement was conducted at 5587 Saviers Road to abate numerous violations of the City of Oxnard Municipal Code.
● Notice to Abate mailed to the property owner and posted upon the nuisance property at 5587 Saviers Road on December 02, 2021. ● No requests for appeal were received.
● The abatement costs = $2,909.00.
382
Before and After 5587 Saviers Road 4
Before After
383
161 W. Hueneme Road
● On January 25, 2022, an abatement was conducted at 161 W.

Hueneme Road to abate numerous violations of the City of Oxnard Municipal Code.
● Notice to Abate mailed to the property owner and posted upon the nuisance property at 161 W. Hueneme Road on October 19, 2021. ● No requests for appeal were received.
● The abatement costs = $6,012.00.
5 384
Before and After 161 W. Hueneme Road 6
Before After
385
1600 Lookout Drive
● On August 12, 2022, abatement was conducted at 1600 Lookout Drive to abate numerous violations of the City of Oxnard Municipal Code. ● Notice to Abate mailed to the property owner and posted upon the nuisance property at 1600 Lookout Drive on August 05, 2022. ● No requests for appeal were received.
● The abatement costs = $48,126.51.
7 386
Aerial 1600 Lookout Drive 8
387
Before and After 1600 Lookout Drive 9
Before After
388
Nuisance Abatement Report
Upon approval of the 2022 Nuisance Abatement Report, the City Manager shall file a certified copy of the report with the Ventura County Auditor-Controller in order to enter the nuisance abatement costs as special assessments on the fiscal year 2022-2023 property tax roll for the following properties:
5587 Saviers Road (APN 220-0-011-110)
161 W. Hueneme Road (APN 222-0-011-305)
1600 Lookout Drive (APN 187-0-123-015)
10 389
Recommendation
That the City Council:

1. Conduct a public hearing to consider objections to the cost report of the property owners whose property is to be assessed for nuisance abatement costs;

2. Approve the cost report; and

3. Direct the City Manager or designee to file a certified copy of the cost report with the Ventura County Auditor-Controller.
11 390
391

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: May 2, 2023

TO: City Council

FROM: Helen Miller, Chief Information Officer, (805)385-7446, [email protected]

SUBJECT: Purchase of Microsoft products 'piggybacking' off of County of Riverside Microsoft Enterprise Agreement. (10 minutes)

RECOMMENDATION

That the City Council:

1. Approve "piggybacking" off of the County of Riverside's Microsoft Enterprise Agreement 8084445 licensed service provider agreement PSA- 0001522; and

2. Authorize the Mayor to execute a purchase order with CDW Government LLC, a "piggyback" service provider and authorized Microsoft reseller, for an amount not-to-exceed $1,727,616 for the continued use and purchase of Microsoft products for three years beginning May 1, 2023, through April 30, 2026; and

3. Authorize the Mayor to execute a Microsoft Volume Licensing Program Signature Form.

(Finance and Governance Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/D1pz1ZV_UzE

BACKGROUND

Since 2011, the City of Oxnard has used a Microsoft Enterprise Agreement (EA) for the Microsoft software licenses, software maintenance, cloud services, and professional services used by the Police and Fire Departments. Microsoft software is on every Police Department and Fire station computer and on most of their technology infrastructure servers, providing the systems used to conduct day-to-day operations and deliver services to residents. The current EA, which expires on April 30, 2023, provides licensing for 515 computer workstation Windows operating systems, desktop productivity software suites (e.g., Microsoft Word, Excel, PowerPoint, Visio), and the licensing for database and server infrastructure used for public safety operations; e.g., electronic content management, time-keeping, records management, computer aided dispatch, remote IT support, reporting writing.

The City desires to "piggyback" off of the County of Riverside’s competitively bid Microsoft Enterprise Master Purchase Agreement, which is used by more than 900 public entities. This agreement provides the City with greater savings than if it were to negotiate with Microsoft on its own. The agreement enables the City of Oxnard to: (1) lock in pricing for the length of a three-year term, (2) amortize the cost of new licenses and support across multiple years, (3) access all necessary Microsoft software available for purchase, (4) raise and lower flexible commitments on hosted services, and (5) obtain additional licenses to meet the City’s operational and strategic technology needs for the next three years.

Under the EA’s Software Assurance Benefits, the City will continually receive software patches, security updates, and any upgrades to the latest versions of Microsoft products during the term of the three-year agreement. The EA provides the most efficient and cost-effective approach to maintaining these software licenses with a single annual payment. Each 392
year, the City must ‘true-up’ our EA year end total payment to account for all the Microsoft product changes required throughout the previous twelve month period to sustain and support City departments’ existing and evolving operations. For example, this new EA includes a rolled over 24% licensing growth rate for public safety’s usage of Microsoft device licensing when compared with their licensing needs at the beginning of the current EA agreement. The increase is attributed to the larger number of network connected computer devices (+100) required by public safety from April 2020 through May 2023.

DISCUSSION

For more than twenty years, the City has used Microsoft as the platform throughout the organization, including Windows desktop and server operating systems, business applications such as Office suite (Word, Excel, PowerPoint) and Structured Query Language (SQL) Server, which is used to store and manage data for the City. This purchase will rectify the number of valid licenses for Windows desktop based on the City’s current staffing levels and computer systems in use. The addition of Microsoft Systems Center for datacenter management will allow the City's Information Technology (IT) Department to upgrade and maintain the City’s 240 virtual servers, used to run the City departments’ business software applications, so that they are on the latest operating system, updates and security patches. Datacenter management will provide the City with necessary control of its IT environment and platforms by simplifying the deployment, configuration, management and monitoring of infrastructure while increasing agility and performance. The addition of SQL Service licensing will allow IT to properly segment database resources to adequately support data usage, security, and demand based on the City’s software solutions. As some of the City’s enterprise and department solutions no longer support older SQL Server databases, this will provide the ability to upgrade to the latest versions in order to properly support these systems and maintain necessary updates and security patches. Therefore, in addition to renewing the EA for public safety’s continued use of Microsoft products over the next three years, this renewal expands the EA to be citywide so all City departments have up-to-date and supported Microsoft products. The majority of non-public safety department Microsoft licenses are old, which presents material risk to City operations and the continuity of resident service delivery. Purchasing and deploying enterprise-wide Microsoft licenses for the entire City enhances the City’s cyber resilience.

The new EA includes the continuation of public safety’s 515 device licenses and other products currently in use, plus adds an additional 325 new device licenses with Office Suite and 644 new device operating system only licenses in EA year 1, another 644 Office Suite device licenses throughout EA years 2 and 3, and adds SQL and Microsoft Systems Center licensing and professional services. The three-year not to exceed total cost of $1,727,616 includes a 20% contingency (due to 24% growth this past year). Annual amounts and timing/volume of product purchases are estimated and are subject to change within the three-year EA term while adhering to the three-year not-to exceed total. Microsoft product cost estimates in the table below are subject to change as actual quote(s) are contingent upon Microsoft’s timeline for issuing EA renewal quotes to resellers within Microsoft’s prescribed EA renewal process window. IT anticipates receipt of a final CDW-G quote and formal Microsoft renewal paperwork within the next two week period following Council approval of this agenda item. The actual Purchase Order and Signature Form will come after Council approval, as is customary for Microsoft agreements.

Over this new EA’s three-year term, the City’s current device count total -- 1,484 -- will be transitioned from 35% licensed to 100% licensed. These will be perpetual licenses owned by the City, ensuring that upkeep of these devices as well as for Microsoft servers, operating systems, databases, network management systems and other network components are sustained for City departments’ current and future needs. A 20% cost contingency is included to account for anticipated growth, unforeseen remediation or emergency, and the flexibility to meet the City’s Microsoft needs through April 31, 2026, when this new EA will terminate.

The table below shows the estimated cost to the City each year for the proposed new EA:

Description Estimated EA Year
1 Estimated EA Year
2 Estimated EA Year
3 Total
EA for Public Safety
users (515 devices)
w/MS-Office
$96,048 $96,048 $96,048 $288,144
393
EA for City users
(325 devices) w/MS-
Office
$272,425 $0 $0 $272,425
EA for City users
(644
devices) Operating
System/CALs only
$220,145 $0 $0 $220,145
EA for City users
(644 devices) starting
Year 2 -add MS-
Office
$0 $132,960 $106,083 $239,043
EA for servers,
databases, remote
services, cloud, prof
svcs
$27,321 $27,321 $27,321 $81,963
EA for infrastructure/
datacenter (1500
endpoints)
$140,960 $197,000 $0 $337,960
Contingency (20%
over 3 year term)
$151,380 $90,666 $45,890 $287,936
TOTAL (per fiscal
year)
$908,279 $543,995 $275,342 $1,727,616- Not to
Exceed 3yr total

The three-year not to exceed total cost of $1,727,616 is $300,644 less than the cost estimate that was previously approved by the Finance and Governance Committee on 3/28/23. Factors contributing to this reduction include further refinements to the Microsoft products and purchase timing intervals during the three-year agreement term; and, City of Oxnard's change to another competitively bid City of Riverside agreement licensed service provider ('reseller'), CDW-Government.

CDW-Government's services are tailored to meet the unique needs of local government. The City requires a reseller who will provide the IT Department with improved support and responsiveness. Lastly, CDW-Government’s City of Riverside pricing schedule resulted in lower cost projections when aligned with the Microsoft products that the City currently purchases and anticipates purchasing.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

This purchase increases the City’s three-year estimated renewal cost for Microsoft products, inclusive of a 20% growth contingency, from $444,128 for the Police and Fire Departments only, to $1,727,616 for all City departments and the addition of IT datacenter management capabilities. This is an increase of $1,283,488 for the three-year agreement term, averaging $575,872 annually for citywide versus $148,043 annual average for public safety only.

Funds for this expenditure are included in the IT department’s FY 22-23 budget for EA Year 1 as this payment is due upon execution of the agreement starting May 1, 2023. Future years’ payment obligations will be allocated into the IT budget as part of the normal annual budgeting process.

COMMITTEE OUTCOME

394
The Finance and Governance Committee approved 3-0 on March 28, 2023, to approve the staff recommendation and to forward the time for Council approval.

Prepared by: Helen Miller, Chief Information Officer, Jerome Staszewski, Systems Administrator

ATTACHMENTS

1. Microsoft EA Riverside Cnty LSP Reseller Agreements Oct2019

2. Presentation - City Council 05-02-23 Item N1 Microsoft

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Purchase of Microsoft Products
‘Piggybacking’ off of County of Riverside
Microsoft Enterprise Agreement #808445
City Council
May 2, 2023
Helen Miller, Chief Information Officer
721
That the City Council:

1. Approve "piggybacking" off of the County of Riverside's Microsoft Enterprise Agreement 8084445 licensed service provider agreement PSA- 0001522; and

3. Authorize the Mayor to execute a Microsoft Volume Licensing Program Signature Form.

RECOMMENDATION 2
722
• Since 2011, the City of Oxnard has used a Microsoft Enterprise Agreement (EA) for Microsoft products used by the Police & Fire Departments • Microsoft software is on every public safety computer and on most of their technology infrastructure servers providing business systems used to conduct daily business and deliver services to residents. • County of Riverside negotiated a Microsoft Enterprise Agreement #8084445 o The City piggybacks on their contract as do 900 other public agencies to achieve greater savings
o Required Microsoft agreement term is 3 years
o Prices locked in for duration
o Must use a Riverside Master Agreement authorized reseller BACKGROUND 3
723
• The City’s existing EA terminates on April 30, 2023
• Maintaining the EA ensures the City can keep department systems operational and resident services available via:
o Valid compliant Microsoft licensing
o Weekly Microsoft security maintenance & product bug fixes o Enhanced functionality service pack updates
o Rights to the latest version of a product
o Microsoft technical support access
o Single IT administrative portal
o Improved efficiency, effectiveness, reliability, cyber resiliency, and performance of City operations dependent on Microsoft products BACKGROUND 4
724
• City has used Microsoft as platform throughout City for 20 years; e.g. o Operating systems – servers and work stations
o Business applications – Office suite; SQL server (store/manage data) o Obsolete products remain in use
DISCUSSION 5
725
IT continues to improve the City’s technology infrastructure, computer hardware & business applications (software) including ensuring valid licenses for all computer software utilized by City staff and Departments • Existing EA covers only public safety
• This purchase adds all other City Departments & datacenter management
• All Departments require up-to-date & supported Microsoft products for functionality and cyber-security
• Rectifies number of valid licenses for Windows desktop based on City’s current staffing levels & computer systems use
DISCUSSION 6
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NEEDS AND DETAILS – Estimated Costs 7
TABLE 1 – Microsoft EA Estimated Costs, 5/1/2023 through 4/30/2026 • County of Riverside authorized reseller quote process is in progress; agreement to come after Council approval
• Agreement total not to exceed estimate = $1,727,616
• Growth contingency (20%) is for unforeseen remediation or emergency needs and flexible capacity to support City Departments through April 30, 2026 when the EA agreement terminates • Public safety’s actual EA growth rate for past 3 years is 24% • Total EA contingency amount in above table is $287,936 • Annual amounts and the timing /volume of product purchases are subject to shift within EA’s term, based on City Departments’ needs, with adherence to not-to-exceed 3-year agreement total.

Description EA Year 1
5/1/23 -4/30/24
EA Year 2
5/1/24-4/30/25
EA Year 3
5/1/25-4/30/26
Total
Microsoft Enterprise Agreement (EA) - Public
Safety + 20% growth contingency
$ 148,043 $ 148,043 $ 148,043 $ 444,129
Microsoft Enterprise Agreement – All Depts &
Datacenter + 20% growth contingency
$ 760,236 $ 395,952 $ 127,299 $ 1,283,488
TOTAL, estimated per fiscal year $ 908,279 $ 543,995 $ 275,342 $ 1,727,616 727
• This purchase increases the City’s three-year estimated renewal cost for Microsoft products, inclusive of a 20% growth contingency o From $444,128 for the Police & Fire Departments
o T o $1,727,616 for all City departments & the addition of IT datacenter management capabilities.
o Increase of $1,283,488 for the 3-year agreement term, averages $575,872 annually v. $148,043 annually for public safety only • Funds available in IT’s FY 22-23 budget for EA year 1 • Future years’ payment obligations will be allocated into IT budget as part of normal budgeting process.

FINANCIAL IMPACT 8
728
That the City Council:

1. Approve "piggybacking" off of the County of Riverside's Microsoft Enterprise Agreement 8084445 licensed service provider agreement PSA- 0001522; and

3. Authorize the Mayor to execute a Microsoft Volume Licensing Program Signature Form.

RECOMMENDATION 9
729

QUESTIONS
10 730

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: May 2, 2023

TO: City Council

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

SUBJECT: City Treasurer’s Quarterly Investment Report for the Period Ending March 31, 2023. (10 minutes)

RECOMMENDATION

That the City Council receive and file the report.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/YnL7SFWKYsc

BACKGROUND

The City of Oxnard’s March 2023 investment report will be brief during this reporting period. This report is submitted to the City Council pursuant to California Government Code section 53646 and the Investment Policy adopted by the City Council.

But first, I wish to give a special thanks to the city staff without whose assistance this report could not be generated. This report reflects the monthly investment information in a similar format that has been presented in previous months along with the amounts in the bank statements as of March 31, 2023. The following data is included in this report.

For the month of March, the investment portfolio earned an estimated $744,777.71 including LAIF and the Ventura County Investment Pool, and the efficiency rating remained at 98%, with estimated annual earnings of $8,937,332.50.

Not in this sequence, it is our intention to show the public, the Mayor, and City Council the amounts in each city bank account so that you can see the percentage of available cash to the amount actually invested. You will notice the large buildup of cash in the bank account for the city’s general business. This is the result of the anticipated Federal payments, and it is the intent of the Treasurer to greatly increase the amount of cash invested so that once again it exceeds 90%. For March we were at 98% and have exceeded our goal.

Next, we will show you in a bar chart the amounts invested separated by their maturity date or year. This will allow you to see the ladder or spread of the investments in order to generate a higher return. Third, we explain the cash flows over the last 15 months, so you can judge the management of the cash and determine whether there are periods during the year when more money is available for a short period, overnight investments versus 2-, 3-, 4-, or 5-year maturities. Fourth, we will show you the daily cash position for March 28, 2023, so that you can see how the Treasurer’s department reviews our cash balances every day to assure that the city has enough liquidity to cover its obligations.

And next, we make available the detailed list of every investment that the city currently holds as of the last day of March 31, 2023, upon request.

This information is being provided to you using both charts and graphs. The charts are presented so that the Mayor, Council and the public can begin to see the actual amounts in the city’s bank accounts at Bank of America. The graphs 731
are created in order to show trends and relationships that are best understood in that method of presentation. So, while this report is brief in the number of pages, we hope to answer any questions you may have.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The City’s total amount invested as of March 31, 2023, was purchased at a tax cost of $418,483,303.50, with a PAR value of $418,375,000. Because the upward movement in the GSE market interest rates produces greater earnings, it also results in an estimated net market loss if we had to sell the older lower-yielding instruments in the market today.

USBank’s tax costs and PAR/Face Value

In a market (the city’s policy requires a risk-free rate of return) of fixed interest rates, any instrument purchased today will decrease in value as the interest rates increase and vice versa. However, with a passive portfolio, one where we intend to hold each instrument until it matures, we can expect to receive the PAR or Face value when we sell back each individual GSE (government-sponsored enterprise bond) or CD so that there would be no market loss.

Cash balances on the 31st day of March 2023 in each authorized city bank account with Bank of America totaled $14,081,416.66 in the four Bank of America accounts.

(Per Bank Statements as of March 31, 2023)

The investments have a par value of $ 418,375,000.00 and an estimated market value of $398,670,101.20. Some were purchased months or years earlier and during the period of forced low GSE interest rates set by the former President. To provide greater return, we can try to reduce the amount invested with LAIF and spread that over the 2,3,4, and 5-year terms. Recently, LAIF was generating an average return that is now moving upward with the City’s average portfolio return. LAIF’s March average apportionment rate was 2.24%, which is less than the current GSE (government-sponsored enterprise) rates and less than our average portfolio yield. Reducing the amount in LAIF would produce greater returns.

However, doing so would also reduce the liquidity of the portfolio.

Estimated market value is based on price paid

The largest portfolio’s average current earnings have a yield on a 365-day basis of 2.07% year to date. Based on the face value of the investments, using the average portfolio yield for estimating the amount of interest earnings for the month of March produced estimated annual interest earnings of $8,937,332.50 million:

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Estimated annual and monthly earnings

Now, when we look back at the monthly cash flows of recent years, we find that the month with the highest cash outflow was 2018 with a one-month outflow of $37.4 million. And the fact that we have $65 million invested in LAIF and $31 million in the Ventura County Investment Pool, which can be drawn down within one day, means there should be no normal condition that would require the Treasurer to sell investments before their maturity. Before we reveal the details, we want to know the level of efficiency in our investment team. But first, we look to see how much cash is available, and how much cash is invested to determine the efficiency of the team. The goal is to invest 100% of the available cash, and we know that for normal/average operations we should retain a daily balance of $3-5 million in the bank accounts. For the month of March, our efficiency rating is 98%.

Efficiency Rating

The daily cash report for the last working day in March shows sufficient available cash to satisfy the city’s booked short- term obligations.

Report prepared by Eden Alomeri:

The bar chart below shows the maturities of the City’s investment portfolio and reflects the fact that, as our older instruments are being called early, we find the need to acquire shorter-term notes, but not unless we can guarantee a rate of .79 % or higher as explained above.

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Details of investments are available upon request.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Phillip Molina, City Treasurer

ATTACHMENTS
None

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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: May 2, 2023

TO: City Council

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

SUBJECT: Professional Services Agreement 32300386 with COAR Design Group for the Fire Stations No. 2, 3 and 4 for Professional Architectural and Engineering Design Services. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. The execution of an Agreement with COAR Design Group, in the amount of $5,414,207 for professional design services for new Fire Stations No. 2, 3, and 4 (Project Nos. C1702/172201 and C2255/22AR54); and

2. A project budget appropriation transfer in the amount of $550,000 in the Capital Growth Fees Fund (355) from the Fire Station No. 4 Project (Project No. C1702/172201) to the Fire Stations No. 2, 3, and 5 Project (Project No.

C2255/22AR54).

(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.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mTIwRP7mYjc

BACKGROUND

The City of Oxnard’s existing Fire Stations No. 2, 3, and 4 have all reached the end of their useful life cycles and are in need of replacement to ensure fire protection services. To continue providing essential services to the City of Oxnard and to plan for the City's future growth, the Fire Department is in need of designing and constructing these fire stations with new facilities.

All three fire stations will be designed under one agreement with the Architect. As part of this project, temporary housing/dormitory trailers for Fire Stations No. 2 and 3 will be designed to be constructed on the existing sites of Fire Stations No. 2 and 3. This is to ensure that Fire Stations No. 2 and 3 can operate efficiently to respond to emergency calls during construction. Fire Stations No. 2 and 3 will include the demolition of existing buildings and the construction of the new stations at the existing Fire Station locations. New Fire Station No. 4 will be located on a separate 9-acre site on land currently owned by the City, which is located along the 288 Block of Ventura Road. It is anticipated that approximately two acres will be dedicated and or subdivided for constructing the new Fire Station No. 4.

Capital Improvement Project (CIP) Reference:

Project Nos. C1702/172201 and C2255/22AR54 - Fire Station No. 4 and Fire Stations No. 2, 3, 5 - CIP 2022-2027 - Adopted May 3, 2022 - Pages 6 and 10.

DISCUSSION
735

The Fire Department has prioritized the design and construction of Fire Stations No. 2, 3, and 4 in accordance with the Fire Station Facility Assessment Report prepared by Jacob Green & Associate dated November 16, 2021, which considers and lists the priorities for reconstructing the fire stations. Please note that the current CIP budget, approved by Council, includes a project titled “Oxnard Fire Stations No. 2, 3, 5”. Since the Fire Department has prioritized station No. 4 over station No. 5, this proposed design contract does not include work for Fire Station No. 5. A future project will be recommended for the Council’s consideration for Fire Station No. 5 design/construction during the next CIP budget process.

The notice inviting Request for Proposals (RFP) from qualified consultants for architecture and engineering design services for the project was published on September 19, 2022, and all proposals were due on October 26, 2022. The specific work for this contract includes Community Outreach, Architecture and Engineering Design Services, and Development of an Operations and Maintenance Manual. The scope of work also includes Construction Administration Coordination services to ensure that the construction being performed by the contractor is in conformance with the contract specifications developed by the consultant in collaboration with the City. The selected consultant team will work closely with the City’s Project Manager, Fire Department and Public Work staff to successfully complete the project.

The City received a total of four proposals, which included COAR Design Group (COAR), HMC Architects, Studio 2G Architects, and The Taylor Group LLP. Staff scored all four proposals using a standardized scoring sheet pursuant to the Oxnard Municipal Code. The top three highest scored firms were then interviewed on December 15 and 16, 2022 for final selection. City staff consisting of the Fire Chief, City Engineer, and the Senior Project Manager evaluated qualifications for all consultants. In addition to the above staff, the Public Works Director and the Supervising Civil Engineer participated in the interview of the top three firms. The Selection Committee ultimately recommended COAR after several interviews as the most qualified firm to satisfactorily provide pre-design (Survey, Geotechnical, Site Assessment Phase I & II evaluation, California Environmental Quality Act clearance) and architecture/engineering professional services for the project. Following this determination, staff reviewed all documentation received from COAR and verified and approved possession of the required currently valid certificate of insurance.

Based upon the available information and research performed to date, staff believes that the consultant is capable of satisfactorily completing the project. As a result, the City and COAR negotiated the proposed consultant fee to include a comprehensive scope in the contract. Staff recommends that the contract for this scope be awarded to COAR for a 6-year period, which includes designer support during the construction phase.

After negotiating the final cost proposal from COAR for Fire Station 2, 3, and 4, the following identifies the design costs for each of the two CIP projects.:

Fire Stations Nos. 2 and 3 require a total funding allocation of $3,219,175 Fire Station No. 4 requires a total funding allocation of $2,195,032

Now that we have actual costs from the recommended design firm, staff recommends adjusting the original budget estimates of the two CIP projects to account for costs in the correct CIP project and to maintain funding source integrity.

Specifically, staff recommends transferring $550,000 of Capital Growth Fees from the Fire Station No. 4 Project to the Fire Stations No. 2, 3, and 5 Project. This will allow sufficient funding for the three Fire Stations to cover the total amount of budget needed for the design of each of the fire stations. This recommended transfer amount will also address the budget needed for staff time during the design phase.

This is a major step forward in achieving one of the City Council's 5-Year Priorities, “Maintain fire protection services”.

Fire Stations No. 2, 3, and 4 have passed their useful lives and are in need of replacement. Additionally, due to the growth of the City, it is required to design and construct modern fire stations in order to respond to higher numbers of emergency calls in the safest manner possible.

The pre-design phase will commence as soon as the contract is executed and the Notice to Proceed is issued and soon thereafter the team will commence the project kick-off meeting. There will be an outreach community workshop to gather input from the community based on an initial conceptual design finalizing programming for the Fire Stations No. 2, 3, and 4.

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The total project schedule from the design of temporary and permanent fire stations to bid and award, construction and operation of all the three fire stations will take approximately six years. This is because the fire stations have to be operational at the existing sites while construction is being performed. Fire Stations No. 2 and 3 will be potentially bid and awarded as one contract and will be under construction either simultaneously or in tandem.

ESTIMATED PROJECT TIMELINE

ITEM DESIGN &
PERMIT

BID & AWARD CONSTRUCTION POST-

CONSTRUCTION
F.S. No. 2 Temporary
facility, Demotion,
Design & New
Construction
06/2023 to 06/2026 07/2026 to 12/2026 01/2027 to 07/2028 08/2028 to 02/2029 F.S. No. 3 Temporary
facility, Demolition,
Design & New
Construction
06/2023 to 06/2026 07/2026 to 12/2026 01/2027 to 07/2028 08/2028 to 02/2029 F.S. No. 4 New
Design &
Construction
06/2023 to 06/2026 07/2026 to 12/2026 01/2027 to 01/2029 02/2029 to 06/2029

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with COAR Design Group shall not exceed $5,414,207. There is sufficient available funds in the Fire Stations Nos. 2, 3, and 5 (Project No. C2255/22AR54) and Fire Station No. 4 (Project No.

C1702/172201) project budgets in the City Council approved budget.

Staff is requesting a transfer of $550,000 in the Capital Growth Fees Fund (355) in project budget appropriations from the Fire Station No. 4 project (Project No. C1702/172201) to the Fire Stations No. 2, 3, and 5 Project (Project NO.

C2255/22AR54). This recommended transfer amount will also address the budget needed for staff time during the design phase.

PROJECT FUNDING SOURCE PROJECT BUDGET

APPROPRIATION TRANSFER

AVAILABLE PROJECT

APPROPRIATIONS
American Rescue Plan Act
(ARPA) Fund 320
$0 Fire Stations No.
2,3,5
C2255/22AR54 Capital Growth Fees Fund
355
+$550,000
$3,549,227*
Capital Growth Fees Fund
355
-$550,000 $1,150,000 Fire Station No. 4
C1702/172201
Capital Growth Fees Fund
355
$2,000,000**
TOTAL $0 $6,699,227
*Including additional ARPA funding of $2M discussed at Council on February 7, 2023 **Pending Council approval of the CIP update on May 2, 2023 City Council agenda. 737

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: Nikolas Boas, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32300386

2. Presentation

738

CONSULTANT/PROFESSIONAL SERVI CES AGREEMENT

BETWEEN
THE
CITY OF OXNARD AND COAR Design Group
By This Consultant/Professional Services Agreement (“Agreement”), the CITY of O
xnard (“CITY”) agrees to engage the services of COAR Design Group (“CONSULTANT”), and CONSULTANT agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMM
ARY DESCRIPTION OF SERVICES. Architecture and Engineering Services for Fire Station Nos. 2, 3, and 4 Project

2. PAR
TIES.

CIT
Y of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 COAR D
esign Group (“CONSULTANT”), a corporation of the State of California, located at 9640 Granite Ridge Drive, Ste 130, San Diego, CA 92123

3. TERM
OF AGREEMENT: From (Date): April 25, 2023 To (Date): April 24, 2029

3.1 Ti
me is of the essence in this Agreement.

3.2 [
INTENTIONALLY OMITTED]

3.3 [
INTENTIONALLY OMITTED]

3.4 Al
l services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGRE
EMENT AMOUNT: $5,414,207.

5. AGR
EEMENT EXHIBITS.

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

Exh
ibit A: Scope of Services
Agreement No. 32300386
1 739
Ex
hibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Act Certification

6. DESI
GNATED REPRESENTATIVES.

Th
e Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, CONSULTANT’s services shall be performed or immediately supervised by the CONSULTANT’s Representative:

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Reza Bagherzadeh Name: Jeff Katz
Title: Sr. Project Manager Title: Principal Phone: (805) 271-2280 Phone: (707) 544-3920 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
305 West Third Street
Oxnard, CA 93030

7. CONT
RACTUAL PREREQUISITES.

7.1 T
his Agreement must first be executed by the CONSULTANT , after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2 C
ONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

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

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

7.5 CO
NSULTANT shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. CONSULTANT'S SERVICES.

Agreement No. 32300386
2 740

8.1 CONSULTANT shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 T
he Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

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

10. PA Y
MENT & INVOICES.

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

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

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

Agreement No. 32300386
3 741

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

10.4 CO
NSULTANT 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.

11. OPT
ION TO EXTEND AGREEMENT.

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

3.3, this Agreement shall not be extended.

12. MOD
IFICATION OF AGREEMENT.

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

13. TE
RMINATION OF AGREEMENT.

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

14. INDE

PENDENT CONTRACTOR
Agreement No. 32300386
4 742
CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its employees or agents shall have control over the conduct of CONSULTANT or any of its employees, except as stated in this Agreement.

CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY.

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

15. LA
WFUL PERFORMANCE.

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

CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SA
FETY REQUIREMENTS.

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

Agreement No. 32300386
5 743

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

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

17.1 . Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

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

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

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

17.5 . Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality.

CONSULTANT may be granted access to information that is exempt from Agreement No. 32300386
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dis
closure to the pu blic (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

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

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

18. AS
SIGNMENT.

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

19. NOT
ICE OF BREACH AND OPPORTUNITY TO CURE.

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

20. NOT
ICE.

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

21. COV
ENANTS AND CONDITIONS.

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

22. WA
IVER.

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

23. INDE
MNIFICATION, HOLD HARMLESS & DEFENSE.

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

CONSULTANT’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 T
he duty to defend is a separate and distinct obligation from CONSULTANT’s duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to CONSULTANT of Agreement No. 32300386
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the c
laim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve CONSULTANT from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense ob ligation includes the obligation to provide independent defense counsel if CONSULTANT asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

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

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

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

23.4 T
he 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. CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement.

The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The C ONSULTANT’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

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23.5 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INS
URANCE.

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

25. LIV
ING WAGE REQUIREMENTS.

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

26. PR
EVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alterat ion, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for Agreement No. 32300386
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m
aintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees.

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

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

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

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

27. IRAN CONTRACTING ACT
In ac
cordance with Public Contract Code Section 2200 et seq., the City requir es that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a perso n described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with this Agreement and must be signed and dated under penalty of perjury.

28. CO

NFLICT OF INTEREST
CONS
ULTANT covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of CONSULTANT’s services under this Agreement. CONSULTANT further covenants that in the performance of services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY.

29. [R
ESERVED] -
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30. D
ISPUTES.

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

31. DISPUTE RESOLUTION.

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

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT; or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by C ITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be Agreement No. 32300386
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responsible for i mmediately obt aining t hose records or ot her w r itten material f rom i ts su
bcontractors upon a request by the State Auditor and/or CITY.

33. AD

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

34. NONDI
SCRIMINATORY EMPLOYMENT.

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

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

35. FO
RCE MAJEURE.

Nei
ther the CONSULTANT nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVE
RNING LAW.

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

37. SEVERA
BILITY.

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

38. INT
EGRATED AGREEMENT.

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

39. NO T
HIRD-PARTY BENEFICIARY.

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

40. AU
THORITY TO EXECUTE.

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

41. EX
ECUTION – COUNTERPARTS.

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

42. INCO
NSISTENT OR CONFLICTING TERMS.

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

43. CA
PTIONS AND HEADINGS.

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

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44. AC
KNOWLEDGEMENT.

By
signing below, CONSULTANT acknowledges that it has reviewed the CITY’s CONSULTANT/Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance. [S
ignatures on next page]
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In wi
tness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY

OF OXNARD COAR DESIGN GROUP
☐John C. Zaragoza, Mayor1 Date Jeff Katz, President Date ☐Jennifer Yates, Purchasing Manager2
Jef f Katz, Secretary 3 Date
ATT
EST:

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 t he 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 -lev el 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-l isted persons are not the appropriate signers, please submit to the City Attorney legally -binding documentation stating who can sign and bind your company.

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EXHIBIT A
CO

NSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Coar Design Group)
SCO

PE OF SERVICES
Thi
s work includes up to three (3) community meetings, community outreach, various City presentations (Council meetings, Director’s Advisory Committee & Planning Commission), predesign/feasibility analysis, architectural design, engineering specifications, cost benefit -analysis, cost estimating, bid documents, construction administration, as well as an Operations & Maintenance (O&M) Manual for the Project.

Task
1: Program Management

1. Project Management . Consultant shall coordinate all efforts of the Project Team including representatives from various City of Oxnard (City) departments. The Consultant shall facilitate weekly regular Project progress meetings during all phases of the project and provide monthly written updates on the Project status and budget.

2. Project Kick-off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick - off” meeting with the City staff to discuss the scope and parameters of the Projects. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City.

The Consultant shall prepare and distribute meeting minutes within three (3) business days of the meeting. The Consultant shall assume three (3) hours for the kick-off meeting with staff members.

3. Progress Meetings. Consultant shall attend monthly meetings at the City for the duration of the project and budget for weekly meetings. As part of the effort, the Consultant is responsible for developing meeting information and agenda prior to the meeting and meeting minutes within three (3) business days following the meeting with a complete action tracking log. The Consultant shall assume two (2) hours for each meeting.

4. Project Schedul e. Consultant shall develop a project schedule at the beginning of each of the fire station projects that covers schematic design, design development, final plans specifications, and estimates (PS&E), bid/award support services, and construction phase. Project schedule shall be submitted with the proposal and shall be updated within two (2) weeks of the kickoff meeting.

5. Project Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one (1) week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.

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

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7. Quality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two (2) weeks of starting the project. The plan shall include the staff that is responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

Inv
oicing. The Consultant shall submit invoices on a deliverable basis (predesign activity, Schematic Design, Design Development, 50% Construction Document, 90% Construction Document, 100% Construction Documents, which include permits, bid & award, Construction Admin. On a monthly basis) with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to [email protected]. A sample of progress payment will be given to the awarded consultant for submitting and approving payment through the duration of projects.

Task 2: Data Gathering, Site Visits, and Preliminary Investigations

The Consultant shall review and assess existing data and reports relative to the project and conduct all necessary site visits, investigations and analyses required to identify and mitigate project issues that could impact or be impacted by the project including:
● Existing records and as-built plans, permits, original records/reports ● CEQA compliance
● Site Assessment Phase I & II as deem necessary
● Geotechnica, liquefaction tests & hazmat exploration/investigation, including complete soil analysis as deem necessary
● Low Impact Development (LID) requirements
● Survey, mapping and utility investigation
● All reports shall be per the governing agencies, City, County, State and federal

Task 3: Permitting

The Consultant shall develop a Permit Plan for the project. The Permit Plan will identify all permits required for the design and construction. The Permit Plan shall include, but not limited to the following:

1. Ventura County Air Pollution Control District.

2. Ventura County Environmental Health Department.

3. City of Oxnard Community Development Services.

○ The Consultant shall perform and prepare all required CEQA documentation (i.e. CEQA checklist, initial study, notice of preparation, etc.) and supporting environmental information (i.e. Categorical Exemption, Negative Declaration, Environmental Impact Report, etc.). The Consultant shall be responsible for all public notices, mailings and filing fees (City will reimburse the consultants for all fees upon submittals of the receipts). i. For budgetary purposes, Consultant shall include reasonable amounts in its budget for a categorical exemption, negative declaration, or mitigated negative declaration as a total estimate for the permitting work.
ii. The Consultant shall be responsible for all CEQA documentation, and shall incorporate any mitigation required by an environmental determination into the facility design.
iii. The Consultant shall be responsible for presenting at the Planning Commission and preparing presentation materials as necessary.

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Al
l permits deemed to be the responsibility of the City shall be obtained by the Consultant on the City’s behalf. The Consultant shall prepare and submit all plans and supporting documentation necessary to obtain plan check and permit approvals for all required permits. The City will provide payment for all permit fees or if asked by the City the consultant will pay the permit fees and submit invoices as reimbursable with receipts on the next progress payment.

Task
4: Schematic Design
Thi
s phase of work will generate a refined site design for the project through an iterative process. With the information gathered during the data collection and community engagement process, create a design for the project, including, but not limited to:

1. Pr
epare design study alternatives for areas

2. Refine the concept to a final Schematic Design
i. Assume three (3) iterations total to get to final Schematic Design. One after each review meeting outlined in Task 3.

3. Preparation of Plans, Specifications and Details and Plant Materials List

4. Coordination with the City’s Project Team for design development, review, and discussion (creative design workshops at schematic design phase with Project Team; at kickoff and 70% design)

5. Coordination with City staff stakeholders as needed for design development, review, and discussion

6. Amenity and building locations with architectural renderings

7. Planting locations and plant palettes for native and drought resistant landscaping

8. Identify irrigation needs, feasibility, and resources available

9. Lighting design fixture selection and location

10. Identify locations and feasibility of integration of stormwater infiltration/permeable pavement

11. Class C Cost estimate – 2 iterations

12. Operation & Maintenance guideline
De
liverable
Sc
hematic design package shall include three (3) hardcopies of schematic plans, renderings, and palettes along with electronic versions.

Task
5: Design Development
Upon P
roject Team approval and acceptance of the Schematic Design and cost, Consultant will commence with Design Development. This phase of work shall refine the design and identify all key construction systems, materials, and critical coordination issues. The Design Team will refine the selected Schematic Design and identify all key construction systems, materials, and critical coordination issues while initiating the PS&E process.

Ta
sks will include:

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

2. Detai led documentation of all elements within the scope of work, including full specifications. Upon City’s approval of design development drawings and cost, Consultant will fully document all aspects of the design, including all relevant sections of technical specifications
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3. S
elect key materials for site elements

4. Preparation of plans, specifications, details and outline specifications

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

6. Coordination with the City’s Project Team for design review and discussion

7. Class B Cost estimate – 2 iterations

8. Coordination of documents with specialist subcontractors,

9. Prepare drawings and data in Revit/BIM and pdf formats and provide such drawings and data to Project Manager

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

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

12. 100% Design Development Plans

13. 100% Design Development Details

14. 100% Design Development Outline Specifications

15. 100% Design Development Cost Estimate

16. Meetings with Project Team

17. Coordinate CEQA Compliance Documentation

Deliverable

Design development package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.

Task 6: 50% & Final PS&E

50% & 90% Design: D
rawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the design development review. At the end of the 50% & 90% design phase, drawings and specifications shall be complete.

The following tasks are to be completed:
● D
emolition plans and details
● Temporary trailer design, cost estimate & permit for Fire Station No. 2 & or 3 ● Architectural drawings and details
● Landscape architectural drawings and details
● Civil drawings and details (grading and public improvements) ● Structural drawings and details
● Mechanical/Plumbing drawings and details
● Electrical drawings (equipment, instrumentation) and details ● Instrumentation and control drawings
● Complete Specifications
● LEED Requirements
● Construction cost estimate – 2 iterations
● Incorporation of all plan check comments from permitting authorities into the Final Design Submittal.

Deliverable

50% & 90% design package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.

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Final Design Submittal: During the final design phase, final comments from the 90% design submittal shall be incorporated into the drawings and specifications. This final submittal will be considered the bid set. Tasks include:

● P
roduction of final architectural and engineering drawings ● Production of final architectural and engineering specifications ● The Consultant shall prepare an estimate of probable construction cost for the 100% design package. The final 100% cost estimate shall be transmitted along with the final 100% design package.

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

Task 7: Operation & Maintenance Plan

The Consultant shall establish operation and maintenance (O&M) standards:

1. Research and develop a manual of O&M requirements for this facility, including maintenance tasks, frequencies, and recommended facility closures to allow for O&M.

2. Specify any maintenance items, the frequency of the maintenance activity and describe any specialized equipment necessary to complete the maintenance activity. The contractor shall utilize published reference materials (e.g., Ventura County Stormwater Technical Guidance Manual) related to O&M and engage the team as needed. The recommended maintenance standards should be consistent with any existing standards for the same practice.

3. Identify and describe any operational tasks for the facility that are either required for effective performance of the project or recommended. These operational tasks are in addition to routine maintenance tasks that may be needed for the effective operation of the project.

4. The draft manual should include the approximate cost of O&M and how that relates to the design life of a project.

5. The final manual should incorporate the comments and feedback from the City’s team prior to final delivery. This shall include updates to the approximate cost of O&M.

Deliverable
The draft O&M manual shall be electronic only and shall be submitted along with Task 5 - Schematic Design. The final O&M manual shall include three (3) hardcopies along with electronic versions and shall be submitted along with Task 7 - Final PS&E.

Task 8: Bid & Award Phase Services

The Consultant shall provide assistance to the City during the project advertisement and award period.

Bid phase assistance shall include, at a minimum, the following:

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

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

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3. T
he Consultant shall incorporate all addenda issued during the Bid Period into a conformed set of contract documents.

Task 9: Construction Phase & Post Construction Phase Services

Architectural and engineering services during construction shall include, at a minimum, the following:

1. P
reconstruction Meeting: Attendance and participation in the Pre-Construction Meeting.

2. Project Progress Meetings: Attendance and participation in the Weekly Project Progress Meetings with the City and the Construction Manager to discuss the status of the Project and potential Project issues. The Consultant shall budget two (2) hours for each Project Progress Meeting, and one (1) hour travel time to and from meeting for a total of three 3 hours. The Consultant shall budget for twenty month duration of the construction and post construction phase.

3. Submittal Review: C
onsultant shall review all shop drawing and material submittals transmitted by the construction contractor. The Consultant shall budget for a total of 20 submittals and a minimum of three 3 hours for the first review. The Consultant shall budget for 25% of all submittals will require a resubmittal and additional review with a minimum of 1.5 hours budgeted for each resubmittal.

4. Change Order Review: C
onsultant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request. The Consultant shall budget for three change order requests to be submitted during the construction phase. The Consultant shall budget a minimum of eight (8) hours for each change order request.

5. Project Close -ou
t: The Consultant shall assist in the development of Project punch lists and coordinate the delivery of all Project-related documentation.

6. Record Dr awings: The Consultant shall prepare a record drawing set based on the red- line drawings submitted by the construction contractor. The record drawings shall be prepared using a latest version of Revit/BIM or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red- line drawings. Electronic copies of the record drawings shall be submitted to the City in both Revit/BIM and PDF formats. In addition, the Consultant shall submit three (3) hard copies of the record drawings on 22” x 34” bond paper. Throughout the construction phase duration, the consultant is responsible to review the as -built drawing with the contractor on a monthly basis to ensure the as -built drawings are being recorded as per the project progress until the completion of the project.

Ta
sk 10: As Needed Support Work

1. As needed support related outreach, design, specification, bid document development, and Operation & Maintenance Manual development for the Fire Station No 2, 3 & 4 projects

2. All as Needed Support Work must be pre authorized in writing by the Project Manager

3. All As Needed support Work (Extra Services & amendment to the contract) shall be at the maximum of 10% added to the direct cost
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A
dditional Scope Refinement (In lieu of Exhibit G)

CEQA Scope

Existing Fire Station No. 2/3: Based on information provided in the Project Request For Proposal, the City is proposing to increase the footprint and overall square footage of the fire station. In addition to an increased footprint and intensity over existing conditions, the proximity of the existing fire station to single-family residences suggests that demolition and construction- related activities could generate substantial noise that could impact nearby noise sensitive land uses (NSLUs). While the City’s Municipal Code exempts construction noise from the City’s noise standards provided that the construction activities take place between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, including Saturday, it is likely necessary that temporary construction activities be modeled from a noise generation perspective to disclose potential temporary noise levels in the surrounding area. Further and assuming potentially significant temporary noise levels occur during construction and implem entation of successful noise attenuating mitigation measures, preparation of a Mitigated Negative Declaration (MND) would be appropriate and provide the necessary coverage under CEQA. While the City may elect to pursue preparation of an EIR based on the proximity of nearby residences and assumed community concerns over demolition and construction impacts, an EIR is unlikely to be necessary based on the scope of the Project, existing neighborhood presence of the fire station, and assumed success of mitigatio n measures in reducing temporary construction noise impacts to a less than significant level. With the exception of the Notice of Exemption approach, that the above referenced technical analysis would be packaged in the body of the environmental document.

Notice of Exemption Scope/Categorical Exemption (NOE/CE)

If it is determined that the project qualifies for a Notice of Exemption (Station 2/3 only) Coar can provide a brief analysis to support the City’s determination. If that is all that is required Coar can provide those services for a Not To Exceed fee as noted in the spreadsheet.

In some cases, to obtain the Categorical Exemption additional documentation is required. In that case Coar will prep are a notice of exemption pursuant to CEQA. The notice of exemption will be brief and consist of a completed State Clearinghouse NOE form for the project. In addition, a brief assessment of exceptions to the exemptions as described in CEQA Guidelines Section 15300.2 (a) through (f) and the proposed improvements will be included. Coar will ensure all requirements to meet preparation of a categorical exemption are met to substantiate this level of CEQA review. If it is later determined that a categorical exemption is not the appropriate level of CEQA review for the proposed project, Coar will discuss the options available to meet CEQA requirements with City staff. Based on a cursory review of the Fire Station No. 2 and 3 site, the following technical analyses would be necessary to fully evaluate proposed demolition and construction activities and support the finding that the project is exempt from CEQA:
● Air Quality and Greenhouse Gases
o Air Quality and Greenhouse Gas Emissions Assessments
o Health Risk Assessment
● Biological Resources Assessment
● Cultural Resources and Built Environment Assessment
● Noise and Vibration Analysis

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Initial Study/Mitigated Negative Declaration (as appropriate for Station 2,3 & 4)

Administrative Draft IS/MND

Coar will prepare a project -level IS/MND that focuses on the demolition and construction aspects of the project. The IS/MND will be consistent with the procedural and substantive provisions of CEQA Guidelines Sections 15063 and 15072 and Appendices C and G. The IS/MND will provide a Project Description and will summarize the results of the technical analyses prepared in support of the project.

As noted in the list above of technical analyses to be prepared in support of the project will include Traffic Studies, Hazardous Materials Analysis, Cultural Resources and Noise and Vibration Analysis.

The objective of this task is to prepare a comprehensive, accurate, and objective project -level IS/MND for development of the proposed project that fully complies with CEQA and the CEQ A Guidelines and all applicable guidance and procedures established by the City for the purpose of environmental review. If significant impacts and mitigation measures are identified in the technical analyses, a Mitigation Monitoring Management Plan (MMRP) would be provided separately, but prepared concurrently with the Administrative Draft IS/MND. The MMRP will be designed to ensure compliance with all adopted mitigation measures during project implementation. The MMRP will be in table format and will spec ify project-specific mitigation measures, as well as standard conditions of approval that are applicable to the project, if requested by the City. The objective of the MMRP is to ensure compliance with Public Resources Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese 1988), which requires that a lead agency adopt an MMRP at the time an IS/MND is certified. The main purpose of the Draft IS/MND will be to analyze the environmental impacts of the proposed project thoroughly and accurately.

The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in the IS/MND, including any assumptions, models, or modeling techniques used in the analysis. The IS/MND will be prepared in conformance with a City-approved Initial Study checklist format (if available) and the NOC would be consistent with CEQA Guidelines Appendix C. All CEQA issue areas will be sufficiently analyzed in the IS/MND. All appropriate mitigation measures for these resources would be included in the IS/MND (if an MND is prepared) and incorporated into the MMRP. All modeling results and other data associated with technical analyses will be included as appendix material to the Draft IS/MND.

Public Review Draft IS/MND

Coar will prepare a Draft IS/MND (for a 30- day public review) and MMRP (assuming a MND (and not an ND or other document) is prepared) that incorporates all City staff review comments received on the Administrative Draft IS/MND. Coar will provide the project team with copies of the Draft IS/MND and MMRP (if required) for distribution to internal City departments and any responsible/trustee agencies and interested parties, as needed. Coar would prepare the Draft IS/MND, NOC, and necessary filing forms (e.g., OPR Summary Form, NOI). Consistent with current guidance from the State Clearinghouse, the consultant with approval of City, would submit the Draft IS/MND and associated notices and forms electronically to the State Clearinghouse. City would be responsible for any a pplicable filing fees and transmittal of the Draft IS/MND and NOI to the Ventura County Clerk. Coar will coordinate the necessary noticing and mailings for Public Notice of the project.

Administrative Draft Final IS/MND

The Response to Comments volume of the Administrative Draft Final IS/MND will include all comments received, responses to those comments, and standard introductory material. All comments will be numbered (to indicate comment letter and comment number), and the responses to those comments will be similarly numbered to allow easy correlation. In addition, where the text of the Draft IS/MND must be revised, the text will be isolated as “text changes” in the Response to Comments, indicating deleted text Agreement No. 32300386
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by
strikeout and inserted text by doubl e- underline. The text of the Draft IS/MND will not be revised. The Final IS/MND will collectively consist of the Draft IS/MND, and the Response to Comments document.

Coar will coordinate the necessary noticing and mailings for Public Notice of the project.

Final IS/MND

Coar will prepare a Final IS/MND and MMRP (if required) that incorporates all the comments on the Administrative Final IS/MND and MMRP (if required). If required, Coar will distribute the Final IS/MND to commenting agencies, which would include appropriate persons or agencies on City’s mailing list and any public agency that commented on the Draft IS/MND. Public agencies that commented on the Draft IS/MND would be provided with a Final IS/MND by City at least 10 days prior to the meeting during which City would consider certification of the Final IS/MND. Coar would prepare the Notice of Determination (NOD) and City would file with the Ventura County Clerk, assuming the Final IS/MND is certified.

The scope of services will include compiling all supporting documentation needed to support the City throughout the CEQA process including all submittals, mailing lists and public notices needed to successfully complete the CEQA process including all necessary hearings and public meetings.

Envir
onmental Impact Report (as appropriate for Station 2,3 & 4)

Notice of Preparation, Initial Study, and Scoping Meeting

Coar will prepare an NOP and Initial Study (IS), using a City -approved Initial Study checklist format. The IS/NOP will be used to narrow the focus of the environmental issues addressed in the EIR, as appropriate. Coar will prepare a first draft IS/NOP in electronic format. Upon receipt of comments, and revise accordingly and submit a revised draft IS/NOP for final review before preparing the final IS/NOP for public review.

Draft Environmental Impact Report

Coar will use the City -adopted thresholds of significance and City -approved EIR format to the first Draft EIR. The EIR will address the environmental issues in CEQA’s Appendix G and will be formatted as follows:

Table of Contents. T
he table of contents will contain a list of EIR contents, including text discussions and lists of tables and exhibits. It will also include a list of appendices that will be attached to the EIR.

Execut
ive Summary. Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the proposed Project, including a list of required discretionary approvals. The summary will also include a summary of impacts and mitigation measures, known areas of controversy including issues raised by agencies and the public, and a summary of alternatives to the proposed Project.

Introduction. T
he introduction section of the EIR will define the purpose, scope, and legislative authority of the EIR, CEQA requirements, and other pertinent environmental rules and regulations. This section will also describe the EIR process, structure, and required contents, as well as its relationship to other potential responsible or trustee agencies. A summary table of comment letters received on the NOP will be included in this section, with notation about where the issue is addressed in the EIR. An overview of the EIR’s format and content as well as processing requirements will also be provided in this introductory section.

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Environmental Setting. This section will provide an overview of the local and regional environmental setting of the project (CEQA Guidelines Section 15125). This EIR section will provide a description of the existing site conditions, including a description of the natural resources contained on the Project site.

This section also discusses regulatory issues, including local and regional planning documents and regulatory considerations (e.g. hillside management, Significant Ecological Area).

Pr
oject Description. A detailed description of all of the project components and site plan details will be included, as well as a description of short -term construction and long -term operational activities. The project description also includes a discussion of the intended uses of the EIR and a list of permits and approvals required to implement the project.

Environmental Impact Analysis.

Each environmental impact section will include the following sections:
● Environmental Setting
● Relevant Plans, Policies, and Ordinances
● Thresholds of Significance
● Environmental Impact Analysis
● Cumulative Impacts
● Mitigation Measures
● Significance After Mitigation
● References

Coar will conduct the environmental analysis of the Project based on the data, background information, and technical studies prepared to support the Draft EIR. Information from technical analyses will be synthesized into the Draft EIR. This scope of work includes time to obtain the data and identify what additional information or analysis is necessary to complete the environmental review required by the County. Based on our understanding of the project, the following environmental topics will be evaluated in the EIR: Air Quality, Cultural Resources, GHG Emissions, Noise, and Tribal Cultural Resources.

Each environmental impact section of the EIR will be written to include a discussion of relevant issues as necessary. For each environmental issue, summarized in the following paragraphs, the EIR will describe existing conditions, thresholds of significance, potential environmental impacts, an analysis of significance, and recommended mitigation measures designed to reduce or avoid any potential significant impact(s) identified.

CEQA Mandated EIR Sections

Coar will analyze and prepare all additional CEQA mandated EIR sections in accordance with the criteria, standards, and procedures of CEQA and the Guidelines as amended. This analysis will include a discussion of the irreversible environmental changes that could result from the proposed Project, unavoidable significant impacts and growth- inducing impacts. This section will also include a summary of the effects determined not to be significant, including those topics that were scoped out through the IS.

Alternatives

The alternatives section will be prepared to meet the objectives of the CEQA Guidelines by addressing alternatives to the project as proposed. Each alternative will be evaluated with respect to the environmental issue areas reviewed for the proposed project. A s required by the CEQA Guidelines, the environmental advantages and disadvantages of each alternative and the reasons for rejecting or recommending it will be provided. This section will include a discussion of potential alternatives that were considered but were determined to be infeasible, and therefore not assessed in detail. The Agreement No. 32300386
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env
ironmentally superior alternative will be identified. This scope assumes that three alternatives will carried forward for analysis evaluated in the Draft EIR.

References, Persons, Agencies Contacted and EIR Preparation

The EIR will contain a list of all references and persons and agencies contacted that were used in preparation of the EIR. In addition, the EIR will list all persons involved in the preparation of the documents and their title and role.

Appendices

The Draft EIR appendices will include the NOP, Initial Study, and NOP responses, and the various technical reports that were used to prepare the Draft EIR.

ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS

The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule.

Additional Services not included in our basic scope of work include:

1. Revisions to City approved Schematic Design or Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval, such as direction from the City Building Official).

The projects will be designed to comply with the 2022 Building Code currently in effect which will cover the anticipated period of design (2023-2026).

2. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction.

3. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation.

4. Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction.

5. Providing "Special Inspection" services required by law or the Contract Documents.

6. Preparation of ALTA Surveys, Title Reports, Easement adjustments, Deeds, construction staking or other documents in conjunction with the project site.

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7. C
ommissioning and Enhanced Commissioning Services.

8. Design of photo- voltaic electrical generation systems to support all electric or zero net energy (ZNE) building, or solar hot water systems (infrastructure as required by code is a part of basic services).

9. Plan check fees and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.0 times the Consultant's cost.

10. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.0 times the Consultant's cost.

11. The scope of services will include compiling all supporting documentation needed to support the City throughout the CEQA process including all submittals, mailing lists and public notices needed to successfully complete the CEQA process including all necessary hearings and publ ic meetings for each of the three stations.

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E

XHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Coar Design Group)

SCHEDULE OF COMPENSATION

PROFESSIONAL DESIGN FEES

1 Standard Architectural and Engineering (A/E) Fees $3,616,203

2 Non‐Standard A/ E fees
Impact Sciences: CEQA – Up to a Not to Exceed Fees for EIR as the worst case scenario $532,740

3 Geocon: Geotechnical Engineering ECG: $111,740

4 Land Surveyor $43,000

5 LEED Certification - Optional
$200,505

6 Reclaimed Water Design - Optional $17,820

7 Fire Protection system Design $110,000

8 Traffic Engineering $50,000

7 SUB-TOTAL BASIC SERVICES LUMP SUM AMOUNT $4,682,007

6 Reimbursable Expenses Budget $ 240,000

7 SUBTOTAL SERVICES INCLUDING REIMBURSABLE $4,922,007

8 Project Contingency of about 10% $492,200

9 TOTAL SERVICES LUMP SUM CONSULTANT AMOUNT $5,414,207

10 *Allowance for a deduction if FS #2 &3 are designed in a similar way
-$236,000

* The allowance provides for an overall cost savings or cost deduction from the lump sum amount in line 9 if the station design for fire stations No. 2 and No. 3 share a similar architectural and engineering design.

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EIMBURSABLE EXPENSES

Reimbursable expenses shall be billed at a cost and shall include actual expenditures made in the interest of the project, in the following categories:
● Outside consultants beyond those listed in the attached matrix ● Expense of transportation and living expenses in connection with out -of-town travel, as authorized by the Client
● Reproduction and photography
● Postage, shipping, and delivery
● Fees paid for securing approval of authorities having jurisdiction over the project ● Professional renderings and models as requested by the Client ● Attendance at Workshops/Meetings/Construction Site Visits as described below.

A budget of $240,000 has been established for reimbursable expenses. This budget is included within the Basic Services Lump Sum Fee previously stated and is about 5.0% of the total A/E Fees (Standard and Non- Standard). It is understood that if the reimbursable budget needs increasing, upon mutual agreement by the City and COAR Design Group, the increase will occur via an Additional Services Request and/or Contract Amendment. This is especially important to note with respect to services provided by non-standard A/E consultants for land surveying, geotechnical engineering and CEQA.

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HO

URLY RATE SCHEDULE

COAR
Design Group
Previously JKA

The following rates apply to work performed on an hourly basis.

Principal Architect (Jeff Katz) ..................................... $ 260.00 per hour Design Principal (Christie Jewett) ................................$ 220.00 per hour Project Manager (Malina Villanueva, Chris Mcmurry)..$ 220.00 per hour QC Manager (Matt Kingdon) ........................................$ 220.00 per hour Job Captain ..................................................................$ 145.00 per hour Drafter ..........................................................................$ 120.00 per hour

Reimbursable Expenses will be charged at 1.0 times the direct cost.

Note: These rates will remain in effect until April 25, 2029, at which time they may be adjusted as a result of salary reviews and contract extension.

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COAR DESIGN GROUP
FIRE STATION 2-3-4 TOTAL FEES TOTAL FEE -
STATION 2

TOTAL FEE -
STATION 3

TOTAL FEE -
STATION 4 TOTAL FEES
Task Description
1 Program Management 5,970$ 5,970$ 10,310$ 22,250$ 2 Data Gathering, Site Visits, and Preliminary
Investigations 97,145$ 97,145$ 118,610$ 312,900$ 3 Permitting 5,420$ 5,420$ 13,830$ 24,670$ 4 Schematic Design 160,375$ 160,355$ 233,205$ 553,935$ 5 Design Development 231,610$ 232,025$ 387,730$ 851,365$ 6 50% & Final PS&E 357,350$ 355,160$ 472,780$ 1,185,290$ 7 Operation & Maintenance Plan 11,715$ 11,715$ 12,310$ 35,740$ 8 Bid & Award Phase Services 12,125$ 11,815$ 17,590$ 41,530$ 9 Construction Phase * 197,376$ 198,276$ 267,006$ 662,658$ 10 Post Construction Phase Services * 23,838$ 25,008$ 31,758$ 80,604$ $1,102,924 $1,102,889 $1,565,129 $3,770,942
11 LEED Certification 66,835$ 66,835$ 66,835$ 200,505$ 12 Reclaimed Water Design 5,940$ 5,940$ 5,940$ 17,820$ $1,175,699 $1,175,664 $1,637,904 $3,989,267
CEQA - EIR (Scope to be refined and invoiced T&M).

Not to Exceed amount included
$177,580 $177,580 $177,580 532,740$
Fire Protection Engineering ** $30,000 $30,000 $50,000 110,000$ Traffic Engineering $50,000 50,000$
Reimbursable Cost Allowance $80,000 $80,000 $80,000 $240,000 $1,463,279 $1,463,244 $1,995,484 $4,922,007
ALLOWANCE: Potential Cost Savings for Station 2/3
similar designs - similar deduction taken at each station (to be negotiated at conclusion of Schematic Design)
-$118,000 -$118,000 -$236,000
TOTAL
TOTAL

TOTAL LUMP SUM CONTRACT
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COAR DESIGN GROUP

MANPOWER BREAK DOWN
Principal In-
Charge ArchitectDesign/Const
Manager
Job CaptainDrafter
TOTAL
HOURS

COAR TOTAL

LABOR FEE
Orie2 - Structral
Engineering
ELEN - Electrical
Engineering
McParlane &
Associates -
Mechanical
Engineering
KTUA -
Landscape
Architect
Delane - Civil
Engineering
Survey - Delane -
Civil Engineering

DGP - LEED
Consulting
Geocon -
Geo/HazmatTOTAL FEE
billing rate $260.00 $220.00 $145.00 $120.00
Task Description
1 Program Management 4 10 14 3,240$ 850$ -$ -$ 620$ 750$ -$ 510$ 5,970$ 2 Data Gathering, Site Visits, and Preliminary
Investigations 24 24 60 60 168 27,420$ 1,700$ 4,465$ 11,530$ 2,480$ 1,060$ 12,500$ -$ 35,990$ 97,145$ 3 Permitting 4 12 12 28 5,420$ -$ -$ -$ -$ -$ -$ -$ 5,420$ 4 Schematic Design 24 80 120 200 424 65,240$ 18,900$ 22,800$ 22,780$ 11,305$ 19,350$ -$ -$ 160,375$ 5 Design Development 24 120 240 400 784 115,440$ 20,600$ 22,800$ 32,780$ 14,010$ 25,980$ -$ -$ 231,610$ 6 50% & Final PS&E 40 200 400 600 1,240 184,400$ 48,200$ 22,800$ 32,780$ 28,060$ 40,600$ -$ 510$ 357,350$ 7 Operation & Maintenance Plan 4 24 28 6,320$ -$ 1,800$ 1,115$ 2,480$ -$ -$ -$ 11,715$ 8 Bid & Award Phase Services 4 4 12 12 32 5,100$ 1,540$ 1,800$ 1,115$ 1,820$ 750$ -$ -$ 12,125$ 9 Construction Phase * 24 200 200 80 504 106,608$ 22,680$ 22,878$ 9,990$ 15,012$ 17,760$ -$ 2,448$ 197,376$ 10 Post Construction Phase Services * 8 24 24 56 12,288$ -$ 2,238$ -$ 2,688$ 6,624$ -$ -$ 23,838$ 420 918 1,189 1,496 3,278 $531,476 $114,470 $101,581 $112,090 $78,475 $112,874 $12,500 $0 $39,458 $1,102,924 11 LEED Certification 8 80 40 128 25,480$ -$ -$ -$ 6,755$ -$ 34,600$ -$ 66,835$ 12 Reclaimed Water Design 8 8 1,760$ -$ -$ -$ 4,180$ -$ -$ -$ 5, 940$ $1,175,699
CEQA - EIR (Scope to be refined and invoiced T&M).

Not to Exceed amount included $177,580
Fire Protection Engineering **
$30,000
Reimbursable Cost Allowance
$80,000
$1,463,279
ALLOWANCE: Potential Cost Savings for Station 2/3
similar designs - similar deduction taken at each station (to be negotiated at conclusion of Schematic Design) -$118,000 Notes:
1 * CA and Post Construction Fees escalated for 6 year
contract duration
2 Temp Facilities design assumes all utilities exist on site and no discretionary approvals are required. Building
permit effort included
3 ** Fire Protection in original proposal assumed
performance specifications for fire alarm and sprinkler systems. Cost noted above assumes full system
engineered as part of construction documents
TOTAL
TOTAL

TOTAL LUMP SUM CONTRACT
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GEOCON CONSULTANTS
MANPOWER BREAK DOWN Senior
Engineer/Geologis
t
Project
Engineer/Geologis
t Staff
Engineer/Geologis
t
*Staff
Engineer/Geologis
t (PW)Staff
Engineer/Geologis
t (PW - OT)
DraftsmanAdmin / Word Processing
Drilling
Subcontractor (Lump Sum)Geophysical SubconsultantDrum Disposal Subcontactor (Lump Sum)Laboratory Testing (Lump Sum)
Drilling Permit *Soils Inspector with Equipment*Soils Inspector with Equipment TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $170.00 $150.00 $120.00 $170.00 $255.00 $90.00 $90.00 $6,270.00 $6,595.00 $1,330.00 $2,730.00 $515.00 $160.00 $160.00 Task Description
1 Program Management 3 3 510$ 510$
2 Data Gathering, Site Visits, and Preliminary
Investigations 14 38 39 18 4 10 9 1 1 1 1 1 137 35,990$ 3,095$ 39,085$ 3 Permitting 0 -$ -$
4 Schematic Design 0 -$ -$
5 Design Development 0 -$ -$
6 50% & Final PS&E 3 3 510$ 510$
7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 0 -$ -$
9 Construction Phase * 12 12 2,448$ 2,448$
10 Post Construction Phase Services * 0 -$ -$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
TOT
AL
32 38 39 18 4 10 9 1 1 1 1 1 0 0 155 39458 3095 42553
NOTES:

Fees for all required Geotechnical work are included,
including testing for soils, hazardous materials,
liquefaction, and Phase I and II reports as required by the City of Oxnard and County of Ventura
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ORIE2 ENGINEERING

MANPOWER BREAK DOWN
Principal In-
Charge
Sr. EngineerEngineer 1Engineer II
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $240.00 $185.00 $145.00 $115.00
Task Description
1 Program Management 2 2 4 850$ 850$
2 Data Gathering, Site Visits, and Preliminary
Investigations 4 4 8 1,700$ 1,700$
3 Permitting 0 -$ -$
4 Schematic Design 20 20 40 40 120 18,900$ 18,900$ 5 Design Development 24 24 40 40 128 20,600$ 20,600$ 6 50% & Final PS&E 40 40 120 120 320 48,200$ 48,200$ 7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 2 2 6 10 1,540$ 1,540$ 9 Construction Phase * 20 20 40 40 120 22,680$ 22,680$ 10 Post Construction Phase Services * 0 -$ -$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
112 112 240 246 710 114470 0 114470TOTAL
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ELEN CONSULTING

MANPOWER BREAK DOWN
Principal In-
Charge
Project EngineerDrafter Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $220.00 $140.00 $90.00 $65.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 20 1 21 4,465$ 4,465$
3 Permitting 0 -$ -$
4 Schematic Design 20 80 80 180 22,800$ 22,800$
5 Design Development 20 80 80 180 22,800$ 22,800$
6 50% & Final PS&E 20 80 80 180 22,800$ 22,800$
7 Operation & Maintenance Plan 5 5 10 1,800$ 1,800$ 8 Bid & Award Phase Services 5 5 10 1,800$ 1,800$ 9 Construction Phase * 40 60 20 1 121 22,878$ 22,878$ 10 Post Construction Phase Services * 20 1 21 2,238$ 2,238$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
130 310 280 3 723 101581 0 101581TOTAL
Agreement No. 32300386
36 774

MCPARLANE & ASSOCIATES

MANPOWER BREAK DOWN
Principal In-
Charge
Project EngineerDrafter Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $225.00 $150.00 $85.00 $70.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 30 30 4 64 11,530$ 11,530$
3 Permitting 0 -$ -$
4 Schematic Design 60 60 4 124 22,780$ 22,780$
5 Design Development 40 100 100 4 244 32,780$ 32,780$ 6 50% & Final PS&E 40 100 100 4 244 32,780$ 32,780$ 7 Operation & Maintenance Plan 1 5 2 8 1,115$ 1,115$ 8 Bid & Award Phase Services 1 5 2 8 1,115$ 1,115$ 9 Construction Phase * 5 40 10 5 60 9,990$ 9,990$ 10 Post Construction Phase Services * 0 -$ -$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
177 340 210 25 752 112090 0 112090TOTAL
Agreement No. 32300386
37 775

KTUA PLANNING & LANDSCAPE

ARCHITECTURE

MANPOWER BREAK DOWN
Principal Landscape ArchitectSenior
Landscape ArchitectIrrigation Design
Manager
Associate Landscape ArchitectLandscape Designer
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $185.00 $175.00 $175.00 $135.00 $115.00
Task Description
1 Program Management 2 2 4 620$ 620$
2 Data Gathering, Site Visits, and Preliminary
Investigations 1 7 8 16 2,480$ 2,480$
3 Permitting 0 -$ -$
4 Schematic Design 1 14 6 36 24 81 11,305$ 11,305$ 5 Design Development 12 14 36 40 102 14,010$ 14,010$ 6 50% & Final PS&E 4 16 32 72 80 204 28,060$ 28,060$ 7 Operation & Maintenance Plan 8 8 16 2,480$ 2,480$ 8 Bid & Award Phase Services 2 3 7 12 1,820$ 1,820$ 9 Construction Phase * 6 30 46 82 15,012$ 15,012$ 10 Post Construction Phase Services * 1 5 2 8 16 2,688$ 2,688$ 190 229 280 267 533 78475 0 78475
11 LEED 6 15 16 8 45 6,755$ 6,755$
12 RECLAIMED WATER 16 12 28 4,180$ 4,180$
0 6 31 16 20 73 10935 0 89410TOTAL
TOTAL
Agreement No. 32300386
38 776

DELANE ENGINEERING

MANPOWER BREAK DOWN
Principal In-
Charge
Project ManagerProject EngineerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $195.00 $180.00 $155.00 $120.00
Task Description
1 Program Management 2 2 4 750$ 750$
2 Data Gathering, Site Visits, and Preliminary
Investigations 16 24 24 20 84 13,560$ 13,560$
3 Permitting 0 0 0 0 0 -$ -$
4 Schematic Design 20 40 30 30 120 19,350$ 19,350$ 5 Design Development 24 40 60 40 164 25,980$ 25,980$ 6 50% & Final PS&E 40 60 80 80 260 40,600$ 40,600$ 7 Operation & Maintenance Plan 0 0 0 0 0 -$ -$ 8 Bid & Award Phase Services 2 2 4 750$ 750$
9 Construction Phase * 20 30 20 20 90 17,760$ 17,760$ 10 Post Construction Phase Services * 4 8 12 12 36 6,624$ 6,624$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
128 206 226 202 762 125374 0 125374TOTAL
Agreement No. 32300386
39 777
DGP

MANPOWER BREAK DOWN
Principal In-
Charge
Project ManagerProject EngineerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $195.00 $180.00 $155.00 $120.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 0 -$ -$
3 Permitting 0 -$ -$
4 Schematic Design 0 -$ -$
5 Design Development 0 -$ -$
6 50% & Final PS&E 0 -$ -$
7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 0 -$ -$
9 Construction Phase * 0 -$ -$
10 Post Construction Phase Services * 0 -$ -$ 11 LEED Certification 40 80 80 200 34,600$ 34,600$ 12 Reclaimed Water Design 0 -$ -$
40 80 80 0 200 34600 0 34600TOTAL
Agreement No. 32300386
40 778

IMPACT SCIENCES

MANPOWER BREAK DOWN
Managing PrincipalTechnical Director Associate Principal Sr. PM Senior PlannerPlanner Assistant Technical Specialist Publication Graphic ArtistQA/QC Admin Asst.

TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

Biological Resources 2 8 16 26 4,470$ 4,470$
Cultural Resources 2 8 16 26 4,470$ 4,470$
Energy 2 8 24 34 5,670$ 5,670$
Geology and Soils 2 8 16 26 4,470$ 4,470$
Hazards & Hazardous Materials 2 8 24 34 5,670$ 5,670$ Hydrology and Water Quality 2 8 30 40 6,570$ 6,570$ Land Use and Planning 2 8 30 40 6,570$ 6,570$
Noise 2 4 8 16 30 5,270$ 5,270$
Public Services & Recreation 2 8 30 40 6,570$ 6,570$ Transportation 2 8 30 40 6,570$ 6,570$
Prepare and Circulate EIR 20 20 20 60 9,200$ 9,200$ Responses to Comments/Final EIR 24 24 24 8 24 104 21,240$ 21,240$ Findings & Statement of Overriding
Considerations
10 10 10 8 38 8,120$ 8,120$
###### Meetings / Hearings / Staff Report / Permits 10 10 20 5,550$ 5,550$ 0 -$ -$
988 177580 0 177580
TOTAL
TOTAL
TOTAL
Agreement No. 32300386
41 779

COAR DESIGN GROUP

MANPOWER BREAK DOWN
Principal In-
Charge ArchitectDesign/Const
Manager
Job CaptainDrafter
TOTAL
HOURS

COAR TOTAL

DGP - LEED
Consulting
Geocon -
geo/HazmatTOTAL FEE
billing rate $260.00 $220.00 $145.00 $120.00
Task Description
1 Program Management 4 10 14 3,240$ 850$ -$ -$ 620$ 750$ -$ 510$ 5,970$ 2 Data Gathering, Site Visits, and Preliminary
Investigations 24 24 60 60 168 27,420$ 1,700$ 4,465$ 11,530$ 2,480$ 1,060$ 12,500$ -$ 35,990$ 97,145$ 3 Permitting 4 12 12 28 5,420$ -$ -$ -$ -$ -$ -$ -$ 5,420$ 4 Schematic Design 24 100 120 200 444 69,640$ 18,900$ 22,800$ 22,780$ 9,645$ 16,590$ -$ -$ 160,355$ 5 Design Development 24 140 300 400 864 128,540$ 20,600$ 22,800$ 32,780$ 10,715$ 16,590$ -$ -$ 232,025$ 6 50% & Final PS&E 40 260 400 600 1,300 197,600$ 48,200$ 22,800$ 32,780$ 21,920$ 31,350$ -$ 510$ 355,160$ 7 Operation & Maintenance Plan 4 24 28 6,320$ -$ 1,800$ 1,115$ 2,480$ -$ -$ -$ 11,715$ 8 Bid & Award Phase Services 4 4 12 12 32 5,100$ 1,540$ 1,800$ 1,115$ 1,510$ 750$ -$ -$ 11,815$ 9 Construction Phase 24 200 290 83 597 122,
700$ 22,680$ 22,878$ 5,172$ 11,454$ 10,944$ -$ 2,448$ 198,276$ 10 Post Construction Phase Services 8 24 24 56 12,288$ -$ 2,238$ 4,818$ 2,268$ 3,396$ -$ -$ 25,008$ 152 986 1,324 1,376 3,838 $578,268 $114,470 $101,581 $112,090 $63,092 $81,430 $12,500 $0 $39,458 $1,102,889 11 LEED Certification 8 80 40 128 25,480$ -$ -$ -$ 6,755$ -$ 34,600$ -$ 66,835$ 12 Reclaimed Water Design 8 8 1,760$ -$ -$ -$ 4,180$ -$ -$ -$ 5,940$ $1,175,664
CEQA - EIR (Scope to be refined and invoiced T&M)
$177,580
Fire Protection Engineering **
$30,000
Reimbursable Cost Allowance
$80,000
$1,463,244
ALLOWANCE: Potential Cost Savings for Station 2/3
similar designs - similar deduction taken at each station (to be negotiated at conclusion of Schematic Design) -$118,000 Notes:
1 * CA and Post Construction Fees escalated for 6 year
contract duration
2 ** Fire Protection in original proposal assumed
performance specifications for fire alarm and sprinkler systems. Cost noted above assumes full system
engineered as part of construction documents
TOTAL
TOTAL
TOTAL
Agreement No. 32300386
42 780

GEOCON CONSULTANTS
MANPOWER BREAK DOWN Senior
Engineer/Geologis
t
Project
Engineer/Geologis
t Staff
Engineer/Geologis
t
*Staff
Engineer/Geologis
t (PW) Staff
Engineer/Geologis
t (PW - OT)
Draftsman Admin / Word Processing
Drilling
Subcontractor (Lump Sum)Geophysical SubconsultantDrum Disposal Subcontactor (Lump Sum)Laboratory Testing (Lump Sum)
Drilling Permit *Soils Inspector with Equipment
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $170.00 $150.00 $120.00 $170.00 $255.00 $90.00 $90.00 $6,270.00 $6,595.00 $1,330.00 $2,730.00 $515.00 $160.00 Task Description
1 Program Management 3 3 510$ 510$
2 Data Gathering, Site Visits, and Preliminary
Investigations 14 38 39 18 4 10 9 1 1 1 1 1 137 35,990$ 3,095$ 39,085$ 3 Permitting 0 -$ -$
4 Schematic Design 0 -$ -$
5 Design Development 0 -$ -$
6 50% & Final PS&E 3 3 510$ 510$
7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 0 -$ -$
9 Construction Phase 12 12 2,448$ 2,448$
10 Post Construction Phase Services 0 -$ -$
11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
32 1 1 0 155 39458 3095 42553
NOTES:

MANPOWER BREAK DOWN
Principal In-
Charge
Sr. EngineerEngineer 1Engineer II
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $240.00 $185.00 $145.00 $115.00
Task Description
1 Program Management 2 2 4 850$ 850$
2 Data Gathering, Site Visits, and Preliminary
Investigations 4 4 8 1,700$ 1,700$
3 Permitting 0 -$ -$
4 Schematic Design 20 20 40 40 120 18,900$ 18,900$ 5 Design Development 24 24 40 40 128 20,600$ 20,600$ 6 50% & Final PS&E 40 40 120 120 320 48,200$ 48,200$ 7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 2 2 6 10 1,540$ 1,540$ 9 Construction Phase 20 20 40 40 120 22,680$ 22,680$ 10 Post Construction Phase Services 0 -$ -$
11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
112 112 240 246 710 114470 0 114470TOTAL
Agreement No. 32300386
44 782

ELEN CONSULTING

MANPOWER BREAK DOWN
Principal In-
Charge
Project EngineerDrafter Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $220.00 $140.00 $90.00 $65.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 20 1 21 4,465$ 4,465$
3 Permitting 0 -$ -$
4 Schematic Design 20 80 80 180 22,800$ 22,800$
5 Design Development 20 80 80 180 22,800$ 22,800$
6 50% & Final PS&E 20 80 80 180 22,800$ 22,800$
7 Operation & Maintenance Plan 5 5 10 1,800$ 1,800$ 8 Bid & Award Phase Services 5 5 10 1,800$ 1,800$ 9 Construction Phase 40 60 20 1 121 22,878$ 22,878$ 10 Post Construction Phase Services 20 1 21 2,238$ 2,238$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
130 310 280 3 723 101581 0 101581TOTAL
Agreement No. 32300386
45 783

MCPARLANE & ASSOCIATES

MANPOWER BREAK DOWN
Principal In-
Charge
Project EngineerDrafter Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $225.00 $150.00 $85.00 $70.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 30 30 4 64 11,530$ 11,530$
3 Permitting 0 -$ -$
4 Schematic Design 60 60 4 124 22,780$ 22,780$
5 Design Development 40 100 100 4 244 32,780$ 32,780$ 6 50% & Final PS&E 40 100 100 4 244 32,780$ 32,780$ 7 Operation & Maintenance Plan 1 5 2 8 1,115$ 1,115$ 8 Bid & Award Phase Services 1 5 2 8 1,115$ 1,115$ 9 Construction Phase 3 20 5 3 31 5,172$ 5,172$
10 Post Construction Phase Services 2 20 5 2 29 4,818$ 4,818$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
177 340 210 25 752 112090 0 112090TOTAL
Agreement No. 32300386
46 784

KTUA PLANNING & LANDSCAPE

ARCHITECTURE
MANPOWER BREAK DOWN Principal Landscape ArchitectSenior Landscape ArchitectIrrigation Design
Manager
Associate Landscape ArchitectLandscape Designer
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $185.00 $175.00 $175.00 $135.00 $115.00
Task Description
1 Program Management 2 2 4 620$ 620$
2 Data Gathering, Site Visits, and Preliminary
Investigations 1 7 8 16 2,480$ 2,480$
3 Permitting 0 -$ -$
4 Schematic Design 1 14 4 28 22 69 9,645$ 9,645$ 5 Design Development 10 12 27 28 77 10,715$ 10,715$ 6 50% & Final PS&E 4 10 24 60 62 160 21,920$ 21,920$ 7 Operation & Maintenance Plan 8 8 16 2,480$ 2,480$ 8 Bid & Award Phase Services 2 2 6 10 1,510$ 1,510$ 9 Construction Phase 2 24 37 63 11,454$ 11,454$
10 Post Construction Phase Services 4 2 8 14 2,268$ 2,268$ 11 LEED 6 15 16 8 45 6,755$ 6,755$
12 RECLAIMED WATER 16 12 28 4,180$ 4,180$
5 47 116 140 502 74027 0 74027TOTAL
Agreement No. 32300386
47 785

DELANE ENGINEERING

MANPOWER BREAK DOWN
Principal In-
Charge
Project ManagerProject EngineerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $195.00 $180.00 $155.00 $120.00
Task Description
1 Program Management 2 2 4 750$ 750$
2 Data Gathering, Site Visits, and Preliminary
Investigations 16 24 24 20 84 13,560$ 13,560$
3 Permitting 0 0 0 0 0 -$ -$
4 Schematic Design 18 36 24 24 102 16,590$ 16,590$ 5 Design Development 18 36 24 24 102 16,590$ 16,590$ 6 50% & Final PS&E 30 50 60 60 200 31,350$ 31,350$ 7 Operation & Maintenance Plan 0 0 0 0 0 -$ -$ 8 Bid & Award Phase Services 2 2 4 750$ 750$
9 Construction Phase 8 16 24 8 56 10,944$ 10,944$
10 Post Construction Phase Services 2 4 8 4 18 3,396$ 3,396$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
96 170 164 140 570 93930 0 93930TOTAL
Agreement No. 32300386
48 786
DGP

MANPOWER BREAK DOWN
Principal In-
Charge
Project ManagerProject EngineerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $195.00 $180.00 $155.00 $120.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 0 -$ -$
3 Permitting 0 -$ -$
4 Schematic Design 0 -$ -$
5 Design Development 0 -$ -$
6 50% & Final PS&E 0 -$ -$
7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 0 -$ -$
9 Construction Phase 0 -$ -$
10 Post Construction Phase Services 0 -$ -$
11 LEED Certification 40 80 80 200 34,600$ 34,600$ 12 Reclaimed Water Design 0 -$ -$
40 80 80 0 200 34600 0 34600TOTAL
Agreement No. 32300386
49 787

IMPACT SCIENCES

MANPOWER BREAK DOWN
Managing PrincipalTechnical Director Associate Principal Sr. PM Senior PlannerPlanner Assistant Technical Specialist Publication Graphic ArtistQA/QC Admin Asst.

TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $295.00 $200.00 $260.00 $185.00 $165.00 $150.00 $140.00 $125.00 $115.00 $145.00 $80.00 Task Description
CE SCOPE 0 -$ -$
###### Notice of Exemption - No Report 8 8 4 4 24 5,020$ 5,020$ ###### Kickoff and Project Management 2 2 4 4 2 14 2,490$ 2,490$ ###### Technical Studies 0 -$ -$
Air Quality 1 12 30 4 47 8,115$ 8,115$
Noise 1 10 20 2 33 5,945$ 5,945$
Water Quality (Class 32 Only) 1 1 5 7 1,305$ 1,305$ ###### Prepare CEs 2 4 2 12 20 15 3 58 9,605$ 9,605$ ###### Meetings / Hearings / Staff Report / Permits 4 4 4 12 2,720$ 2,720$ 0 -$ -$
0 -$ -$
195 35200 0 30180
MND SCOPE 0 -$ -$
###### Kickoff and Project Management 4 4 8 8 2 26 4,820$ 4,820$ ###### Technical Studies 0 -$ -$
Air Quality 1 16 50 4 71 11,955$ 11,955$
Noise 1 10 34 2 47 7,905$ 7,905$
Biological Resources 1 16 8 4 40 2 71 12,565$ 12,565$ Archeological Resources 1 14 8 8 20 2 53 9,
985$ 9,985$
###### Initial Study/Mitigated Negative Declaration 0 -$ -$ Project Description 10 10 1,500$ 1,500$
Admin Draft IS/MND 4 24 40 68 11,620$ 11,620$
Publish IS/MND 16 30 46 7,460$ 7,460$
Final IS/MND 3 16 24 43 7,445$ 7,445$
###### Meetings / Hearings / Staff Report / Permits 8 8 4 20 4,700$ 4,700$ 0 -$ -$
455 79955 0 79955
EIR SCOPE 0 -$ -$
###### Kickoff and Project Management 8 4 4 60 8 4 88 16,820$ 16,820$ ###### Technical Studies 0 -$ -$
Air Quality 1 16 50 4 71 11,955$ 11,955$
Noise 1 10 34 2 47 7,905$ 7,905$
Biological Resources 1 16 8 4 40 2 71 12,565$ 12,565$ Archeological Resources 1 14 8 8 20 2 53 9, 985$ 9,985$ ###### Notice of Preparation/Scoping Meeting 16 12 4 32 5,260$ 5,260$ Admin Draft EIR 2 2 590$ 590$
Project Description 2 24 26 5,030$ 5,030$
Aesthetics 2 2 590$ 590$
Air Quality & Greenhouse Gas Emissions 2 4 8 24 38 6,470$ 6, 470$
Biological Resources 2 8 16 26 4,470$ 4,470$
Cultural Resources 2 8 16 26 4,470$ 4,470$
Energy 2 8 24 34 5,670$ 5,670$
Geology and Soils 2 8 16 26 4,470$ 4,470$
Hazards & Hazardous Materials 2 8 24 34 5,670$ 5,670$ Hydrology and Water Quality 2 8 30 40 6,570$ 6,570$ Land Use and Planning 2 8 30 40 6,570$ 6,570$
Noise 2 4 8 16 30 5,270$ 5,270$
Public Services & Recreation 2 8 30 40 6,570$ 6,570$ Transportation 2 8 30 40 6,570$ 6,570$
Prepare and Circulate EIR 20 20 20 60 9, 200$ 9,200$ Responses to Comments/Final EIR 24 24 24 8 24 104 21,240$ 21,240$ Findings & Statement of Overriding
Considerations
10 10 10 8 38 8,120$ 8,120$
###### Meetings / Hearings / Staff Report / Permits 10 10 20 5,550$ 5,550$ 0 -$ -$
988 177580 0 177580
TOTAL
TOTAL
TOTAL
Agreement No. 32300386
50 788

IMPACT SCIENCES

MANPOWER BREAK DOWN
Managing PrincipalTechnical Director Associate Principal Sr. PM Senior PlannerPlanner Assistant Technical Specialist Publication Graphic ArtistQA/QC Admin Asst.

TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

COAR DESIGN GROUP

MANPOWER BREAK DOWN
Principal In-
Charge ArchitectDesign/Const
Manager
Job CaptainDrafter
TOTAL
HOURS

COAR TOTAL

DGP - LEED
Consulting
Geocon -
Geo/HazmatTOTAL FEE
billing rate $260.00 $220.00 $145.00 $120.00
Task Description
1 Program Management 4 10 14 3,240$ 1,700$ -$ -$ 1,860$ 3,000$ -$ 510$ 10,310$ 2 Data Gathering, Site Visits, and Preliminary
Investigations 40 40 60 60 200 35,100$ 3,400$ 6,665$ 17,295$ 795$ 8,000$ 18,000$ -$ 29,355$ 118,610$ 3 Permitting 4 12 12 28 5,420$ 6,160$ -$ -$ -$ 2,250$ -$ -$ 13,830$ 4 Schematic Design 40 180 200 240 660 107,800$ 22,680$ 29,600$ 34,170$ 14,155$ 24,800$ -$ -$ 233,205$ 5 Design Development 40 240 600 600 1,480 222,200$ 22,680$ 29,600$ 49,170$ 15,280$ 48,800$ -$ -$ 387,730$ 6 50% & Final PS&E 40 240 400 600 1,280 193,200$ 67,100$ 29,600$ 49,170$ 33,500$ 99,700$ -$ 510$ 472,780$ 7 Operation & Maintenance Plan 4 24 28 6,320$ -$ 1,800$ 1,710$ 2,480$ -$ -$ -$ 12,310$ 8 Bid & Award Phase Services 8 8 24 12 52 8,760$ 2,390$ 1,800$ 1,710$ 1,820$ 1,110$ -$ -$ 17,590$ 9 Construction Phase * 24 300 400 80 804 167,808$ 27,216$ 22,878$ 7,632$ 15,384$ 23,640$ -$ 2,448$ 267,006$ 10 Post Construction Phase Services * 8 24 24 56 12,288$ -$ 2,238$ 7,176$ 2,688$ 7,368$ -$ -$ 31,758$ 472 1,298 1,841 1,736 4,602 $762,136 $153,326 $124,181 $168,033 $87,962 $218,668 $18,000 $0 $32,823 $1,565,129 11 LEED Certification 8 80 40 128 25,480$ -$ -$ -$ 6,755$ -$ 34,600$ -$ 66,835$ 12 Reclaimed Water Design 8 8 1,760$ -$ -$ -$ 4,180$ -$ -$ -$ 5, 940$ $1,637,904
CEQA - EIR (Scope to be refined and invoiced T&M).

Not to Exceed amount included
$177,580
Fire Protection Engineering **
$50,000
Traffic Engineering
$50,000
Reimbursable Cost Allowance
$80,000
$1,995,484
Notes:
1 * CA and Post Construction Fees escalated for 6 year
contract duration
2 ** Fire Protection in original proposal assumed
performance specifications for fire alarm and sprinkler systems. Cost noted above assumes full system
engineered as part of construction documents
TOTAL
TOTAL

TOTAL LUMP SUM CONTRACT
Agreement No. 32300386
52 790
ORIE2 ENGINEERING

MANPOWER BREAK DOWN
Principal In-
Charge
Sr. EngineerEngineer 1Engineer II
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $240.00 $185.00 $145.00 $115.00
Task Description
1 Program Management 4 4 8 1,700$ 1,700$
2 Data Gathering, Site Visits, and Preliminary
Investigations 8 8 16 3,400$ 3,400$
3 Permitting 8 8 24 40 6,160$ 6,160$
4 Schematic Design 24 24 48 48 144 22,680$ 22,680$ 5 Design Development 24 24 48 48 144 22,680$ 22,680$ 6 50% & Final PS&E 60 60 160 160 440 67,100$ 67,100$ 7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 4 4 6 14 2,390$ 2,390$ 9 Construction Phase * 24 24 48 48 144 27,216$ 27,216$ 10 Post Construction Phase Services * 0 -$ -$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
156 156 304 334 950 153326 0 153326TOTAL
Agreement No. 32300386
53 791

ELEN CONSULTING

MANPOWER BREAK DOWN
Principal In-
Charge
Project EngineerDrafter Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $220.00 $140.00 $90.00 $65.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 30 1 31 6,665$ 6,665$
3 Permitting 0 -$ -$
4 Schematic Design 30 100 100 230 29,600$ 29,600$
5 Design Development 30 100 100 230 29,600$ 29,600$ 6 50% & Final PS&E 30 100 100 230 29,600$ 29,600$
7 Operation & Maintenance Plan 5 5 10 1,800$ 1,800$ 8 Bid & Award Phase Services 5 5 10 1,800$ 1,800$ 9 Construction Phase * 40 60 20 1 121 22,878$ 22,878$ 10 Post Construction Phase Services * 20 1 21 2,238$ 2,238$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
170 370 340 3 883 124181 0 124181TOTAL
Agreement No. 32300386
54 792

MCPARLANE & ASSOCIATES

MANPOWER BREAK DOWN
Principal In-
Charge
Project EngineerDrafter Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $225.00 $150.00 $85.00 $70.00
Task Description
1 Program Management 0 -$ -$
2 Data Gathering, Site Visits, and Preliminary
Investigations 45 45 6 96 17,295$ 17,295$
3 Permitting 0 -$ -$
4 Schematic Design 90 90 6 186 34,170$ 34,170$
5 Design Development 60 150 150 6 366 49,170$ 49,170$ 6 50% & Final PS&E 60 150 150 6 366 49,170$ 49,170$ 7 Operation & Maintenance Plan 2 7 3 12 1,710$ 1,710$ 8 Bid & Award Phase Services 2 7 3 12 1,710$ 1,710$ 9 Construction Phase * 4 30 8 4 46 7,632$ 7,632$ 10 Post Construction Phase Services * 3 30 7 3 43 7,176$ 7,176$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
266 509 315 37 1127 168033 0 168033TOTAL
Agreement No. 32300386
55 793

KTUA PLANNING & LANDSCAPE

ARCHITECTURE
MANPOWER BREAK DOWN Principal Landscape ArchitectSenior Landscape ArchitectIrrigation Design
Manager
Associate Landscape ArchitectLandscape Designer
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $185.00 $175.00 $175.00 $135.00 $115.00
Task Description
1 Program Management 6 6 12 1,860$ 1,860$
2 Data Gathering, Site Visits, and Preliminary
Investigations 2 1 2 5 795$ 795$
3 Permitting 0 -$ -$
4 Schematic Design 1 18 6 40 38 103 14,155$ 14,155$ 5 Design Development 14 14 36 48 112 15,280$ 15,280$ 6 50% & Final PS&E 4 24 34 84 98 244 33,500$ 33,500$ 7 Operation & Maintenance Plan 8 8 16 2,480$ 2,480$ 8 Bid & Award Phase Services 2 3 7 12 1,820$ 1,820$ 9 Construction Phase * 7 30 47 84 15,384$ 15,384$
10 Post Construction Phase Services * 1 5 2 8 16 2,688$ 2,688$ 11 LEED 6 15 16 8 45 6,755$ 6,755$
12 RECLAIMED WATER 16 12 28 4,180$ 4,180$
5 80 132 212 212 677 98897 0 98897TOTAL
Agreement No. 32300386
56 794

DELANE ENGINEERING

MANPOWER BREAK DOWN
Principal In-
Charge
Project ManagerProject EngineerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $195.00 $180.00 $155.00 $120.00
Task Description
1 Program Management 8 8 16 3,000$ 3,000$
2 Data Gathering, Site Visits, and Preliminary
Investigations 40 40 40 40 160 26,000$ 26,000$
3 Permitting 6 6 0 0 12 2,250$ 2,250$
4 Schematic Design 40 40 40 30 150 24,800$ 24,800$ 5 Design Development 60 80 100 60 300 48,800$ 48,800$ 6 50% & Final PS&E 100 180 200 140 620 99,700$ 99,700$ 7 Operation & Maintenance Plan 0 0 0 0 0 -$ -$ 8 Bid & Award Phase Services 2 4 6 1,110$ 1,110$ 9 Construction Phase * 20 40 40 20 120 23,640$ 23,640$ 10 Post Construction Phase Services * 4 8 16 12 40 7,368$ 7,368$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
280 406 436 302 1424 236668 0 236668TOTAL
Agreement No. 32300386
57 795
DGP

MANPOWER BREAK DOWN
Principal In-
Charge
Project ManagerProject EngineerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

IMPACT SCIENCES

MANPOWER BREAK DOWN
Managing Principal Technical Director Associate Principal Sr. PM Senior PlannerPlanner Assistant Technical Specialist PublicationGraphic ArtistQA/QC Admin Asst.

TOTAL
HOURS

TOTAL LABOR
FEE

REIMBURS
ABLE

EXPENSES TOTAL FEE
billing rate $295.00 $200.00 $260.00 $185.00 $165.00 $150.00 $140.00 $125.00 $115.00 $145.00 $80.00 Task Description
MND SCOPE 0 -$ -$
###### Kickoff and Project Management 4 4 8 8 2 26 4,820$ 4,820$ ###### Technical Studies 0 -$ -$
Air Quality 1 16 50 4 71 11,955$ 11,955$
Noise 1 10 34 2 47 7,905$ 7,905$
Biological Resources 1 16 8 4 40 2 71 12,565$ 12,565$ Archeological Resources 1 14 8 8 20 2 53 9,985$ 9,985$ ###### Initial Study/Mitigated Negative Declaration 0 -$ -$ Project Description 10 10 1,500$ 1,500$
Admin Draft IS/MND 4 24 40 68 11,620$ 11,620$
Publish IS/MND 16 30 46 7,460$ 7,460$
Final IS/MND 3 16 24 43 7,445$ 7,445$
###### Meetings / Hearings / Staff Report / Permits 8 8 4 20 4,700$ 4,700$ 0 -$ -$
455 79955 0 79955
EIR SCOPE 0 -$ -$
###### Kickoff and Project Management 8 4 4 60 8 4 88 16,820$ 16,820$ ###### T
echnical Studies 0 -$ -$
Air Quality 1 16 50 4 71 11,955$ 11,955$
Noise 1 10 34 2 47 7,905$
7,905$
Biological Resources 1 16 8 4 40 2 71 12,565$ 12,565$ Archeological Resources 1 14 8 8 20 2 53 9,985$ 9,985$ ###### Notice of Preparation/Scoping Meeting 16 12 4 32 5,260$ 5,260$ Admin Draft EIR 2 2 590$ 590$
Project Description 2 24 26 5,030$ 5,030$
Aesthetics 2 2 590$ 590$
Air Quality & Greenhouse Gas Emissions 2 4 8 24 38 6,470$ 6,470$ Biological Resources 2 8 16 26 4,470$ 4,470$ Cultural Resources 2 8 16 26 4,470$ 4,470$
Energy 2 8 24 34 5,670$ 5,670$
Geology and Soils 2 8 16 26 4,470$ 4,470$
Hazards & Hazardous Materials 2 8 24 34 5,670$ 5,670$ Hydrology and Water Quality 2 8 30 40 6,570$ 6,570$ Land Use and Planning 2 8 30 40 6,570$ 6,570$ Noise 2 4 8 16 30 5,270$ 5,270$
Public Services & Recreation 2 8 30 40 6,570$ 6,570$ Transportation 2 8 30 40 6,570$ 6,570$
Prepare and Circulate EIR 20 20 20 60 9,200$ 9,200$ Responses to Comments/Final EIR 24 24 24 8 24 104 21,240$ 21,240$
Findings & Statement of Overriding
Considerations
10 10 10 8 38 8,120$ 8,120$
###### Meetings / Hearings / Staff Report / Permits 10 10 20 5,550$ 5,550$ 0 -$ -$
988 177580 0 177580
TOTAL
TOTAL
Agreement No. 32300386
59 797

GEOCON CONSULTANTS
MANPOWER BREAK DOWN Senior
Engineer/Geologi
st
Project
Engineer/Geologi
st Staff
Engineer/Geologi
st *Staff
Engineer/Geologi
st (PW)Staff
Engineer/Geologi
st (PW - OT)
Draftsman Admin / Word Processing
Drilling
Subcontractor (Lump Sum)Geophysical SubconsultantLaboratory Testing (Lump Sum)
Drilling Permit *Soils Inspector with Equipment
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $170.00 $150.00 $120.00 $170.00 $255.00 $90.00 $90.00 $6,660.00 $6,595.00 $2,730.00 $515.00 $160.00 Task Description
1 Program Management 3 3 510$ 510$
2 Data Gathering, Site Visits, and Preliminary
Investigations 12 8 39 18 4 5 5 1 1 1 1 95 29,355$ 29,355$ 3 Permitting 0 -$ -$
4 Schematic Design 0 -$ -$
5 Design Development 0 -$ -$
6 50% & Final PS&E 3 3 510$ 510$
7 Operation & Maintenance Plan 0 -$ -$
8 Bid & Award Phase Services 0 -$ -$
9 Construction Phase * 12 12 2,448$ 2,448$
10 Post Construction Phase Services * 0 -$ -$ 11 LEED Certification 0 -$ -$
12 Reclaimed Water Design 0 -$ -$
30 8 39 18 4 5 5 1 1 1 1 0 113 113 0 32823
NOTES:

XHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and COAR Design Group)

INSURANCE REQUIREMENTS

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

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 agg regate 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 liabi lity/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’ com pensation 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 t he Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

5. The co verages 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 no t 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.

Agreement No. 32300386
61 799

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.

3/23
Agreement No. 32300386
62 800

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 p rovide 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. 32300386
63 801

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

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE

DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR

OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE

AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE

THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED

TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO

OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

Rev. 3/23 INS-A.doc
Agreement No. 32300386
64 802

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

❒ Claims Made
Retroactive Date
❒ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

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

Name:

Address:

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary 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. I n 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 (3 0) 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. 3/23 INS-A.doc
Agreement No. 32300386
65 803

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.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary i nsurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other 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 t o the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as bro ad 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 p olicy 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. 3/23 INS-A.doc

Agreement No. 32300386
66 804
E

XHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and COAR Design Group)

LIVING WAGE POLICY

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

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

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

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

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

Agreement No. 32300386
67 805
C

ITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

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

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

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

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

Agreement No. 32300386
68 806
E

XHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and COAR Design Group)

PREVAILING WAGE

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

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

3. CONSULTANT is required to post job site notices, as prescribed by regulation.

See Labor Code Section 1771.4(a)(2).

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

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

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

Agreement No. 32300386
69 807

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

8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

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

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

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

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

12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or Agreement No. 32300386
70 808
i
ncidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subc ontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONS ULTANT under this Section shall survive Agreement termination.

Agreement No. 32300386
71 809
AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)
12 IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ COAR Design Group
46-4449528
Jeff Katz, President
March 9, 2023
San Diego
CA
Exhibit F
Agreement No. 32300386
72 810
Professional Services Agreement 32300386
with COAR Design Group for the Fire
Stations No. 2, 3 and 4 Professional Design
Services
City Council
May 2, 2023
Reza Bagherzadeh
Senior Project Manager
811
That the City Council approve and authorize:1. The execution of an Agreement with COAR Design Group, in the amount of $5,414,207 for professional design services for new Fire Stations No. 2, 3, and 4 (Project Nos. C1702/172201 and C2255/22AR54); and2. A project budget appropriation transfer in the amount of $550,000 in the Capital Growth Fees Fund (355) from the Fire Station No. 4 Project (Project No. C1702/172201) to the Fire Stations No. 2, 3, and 5 Project (Project No. C2255/22AR54).

RECOMMENDATION 2
812
• One of the City Council’s strategic plan elements is, “maintain fire protection services”, which this project will help ensure • Existing Fire Stations No. 2, 3 and 4 have all reached to the end of their useful life • T o continue providing essential services and to plan for future growth, Fire Stations 2, 3, and 4 need to be replaced BACKGROUND 3
813
• Part of the scope of work includes the design of temporary on-site housing for Fire Stations No. 2 & 3. This is to ensure operations can continue during construction of the new facilities. • New Fire Station No. 4 will be located on a separate 9-acre site on land currently owned by the City, which is located along the 288 Block of Ventura Road. • It is anticipated that approximately two acres will be subdivided for the purpose of designing and constructing the new Fire Station No. 4.

BACKGROUND 4
814
• The notice inviting request for proposals (RFP) for architecture and engineering design services for the project was published on September 19 , 2022, and all proposals were due on October 26, 2022
• The specific work for this contract includes
• Community Outreach
• Architecture and Engineering Design Services
• Secure all required permits from all governing agencies • Development of an Operations & Maintenance Manual
• Bid & Award assistance
• Construction Administration Coordination and
• Post Construction & Commissioning
DISCUSSION 5
815
• City received a total of four proposals, which included • COAR Design Group,
• HMC Architects, Studio,
• The Taylor Group Architects,
• 2G Architects, LLP ,
• The top three highest scored firms were then interviewed on December 15 & 16, 2022 for final selection by the following staff:
• Fire Chief
• Public Works Director
• City Engineer
• Supervising Civil Engineer,
• Senior Project Manager
• COAR Design Group was interviewed for the second time on January 4, 2023 in order for the City to make the final selection of the most qualified consultant
DISCUSSION 6
816
• Pre-design phase will commence as soon as the contract is executed and the project kick-off meeting is commenced. There will be an outreach community workshop to gather input from the community
• Consultant will take approximately 2 to 3 years to complete the California Environmental Quality Acts, pre-design, Schematic Design, Design Development, Construction Documents plans, specifications, cost estimate, and secure all necessary permits for the construction the fire stations
DISCUSSION 7
817
• The total cost for this Agreement with COAR Design Group shall not exceed $5,414,207
• Between the two CIP projects, there is sufficient funding of $6,699,227 (American Rescue Plan Act and Capital Growth Fees) to cover the proposed design costs and associated staff time
• Staff recommends transfering $550,000 of Capital Growth Fees from the Fire Station 4 project to the Fire Station 2,3, and 5 project to ensure each project has sufficient funds to cover their respective design costs
FINANCIAL IMPACT 8
818

QUESTIONS
9 819

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: May 2, 2023

TO: City Council

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

SUBJECT: Updates to the Five Year Capital Improvement Program for Fiscal Years 2022-2027. (10 minutes)

RECOMMENDATION

That the City Council:

1. Approve and adopt updates to the 2022-2027 City of Oxnard Five Year Capital Improvement Program; and

2. Authorize project budget appropriations of $2,000,000 in Fiscal Year 2022-23 from the Capital Growth Fees Fund for the Fire Station 4 Rebuild Project (C1702/172201).

(Public Works and Transportation Committee approved 2-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/EeVF3FMUviA

BACKGROUND

The City Council approved and adopted the 2022-2027 City of Oxnard Five Year Capital Improvement Program on May 3, 2022. The purpose of a capital improvement program (CIP) is to provide an overview of the City’s current and reasonably anticipated construction and repair needs over the next five years. The CIP currently has approximately 140 funded projects listed over the five years, and the total cost of all projects, including prior appropriations, is approximately $700 million. This is inclusive of the American Rescue Plan Act (ARPA) funds that were appropriated to capital projects in this past year.

Since the adoption of the 2022-2027 CIP, staff has received updates to projects, which are outlined below.

At the City Council meeting on February 7, 2023, staff presented information about CIP projects and ARPA funding with regards to slowing the pace of CIP projects, among other activities, based upon several factors. Information related to the discussion on February 7th is also contained in this staff report.

DISCUSSION

The following are proposed updates to the 2022-2027 CIP:

Table 1. Updates
# CIP Title CIP
Page
Number
Proposed Changes
820
1 Fire Station 4
Rebuild
6 Modify Funding:

Move $2,000,000 from FY 23-24 Capital Growth Fees-Residential into FY 22-23 2 Wastewater
OWTP:

Electrical
Improvements
106 Merge with OWTP Reliability Improvements Project on page 116 3 Wastewater
OWTP: Motor
Control
Center (MCC)
Construction
111 Merge with OWTP Reliability Improvements Project on page 116 4 Wastewater
OWTP: New
Maintenance
Storage
Building
112 Merge with OWTP Reliability Improvements Project on page 116 5 Wastewater
OWTP:

Reliability
Improvements
116 Originally six separate projects, the OWTP Reliability Project Replace and repair equipment identified at facilities that are vital to reliable Wastewater Treatment Plant operations including structural repairs, headworks odor control, anaerobic digester, site piping, electrical building, standby generator and maintenance building.

Change Project Funding due to merging of projects: $64,960,800 approved by City Council on June 7, 2022
6 Wastewater
OWTP: Site
Security
Improvements
117 Merge with OWTP Reliability Improvements Project on page 116 7 Wastewater
OWTP:

System
SCADA
Improvements
118 Merge with OWTP Reliability Improvements Project on page 116

The Fire Station 4 Rebuild project (Item 1 in Table 1 above) has been prioritized by the Fire Department as a result of new development in north Oxnard and is in need of design funds sooner than originally anticipated. The design contract is anticipated to be awarded this fiscal year. Therefore, staff recommends bringing forward $2M of funding originally scheduled to be used in FY 23-24 into FY 22-23.

For Items 2 through 7 in Table 1 above (Oxnard Wastewater Treatment Plant (OWTP) projects), the proposed changes reflect the combination of several projects into one larger project. This larger project, the OWTP Reliability Improvement Project, was awarded to a contractor at the June 7, 2022, City Council meeting. The above changes are just administrative clean-up items to document the consolidation of projects.

Table 2. Additions
# CIP Title Page
Number
Proposed Additions
821
1 Wastewater
OWTP:

Secondary
Clarifiers
Rehabilitation
TBD Project Description: Replacement of mechanical equipment in the secondary clarifiers at the OWTP. Following the design phase two of the eighteen tanks will be rehabbed each year on a rotating basis.

Project Funding: $100,000 in FY 23-24; $400,000 in FY 24-25 2 Water
Production:

Well 20
Rehabilitation
TBD Project Description: Metal shavings were found in a screen of Well 20 indicating an issue with the pump impellers. Phase 1 of this project will be exploratory assessment of the pump and casing. Phase 2 will include above ground pipework improvements and installation of a flow meter.

Project Funding: $150,000 in FY 23-24; $600,000 in FY 24-25 3 Citywide
Security
Cameras
TBD Project Description: Update and add security cameras across all city facilities/locations and will be managed via a holistic cloud solution and service provider.

Project Funding: $2,000,000 ARPA Funding; $750,000 in FY 23-24; $1,250,000 in FY 24-25
4 Durley Park
Concession
Building
Repairs
TBD Project Description: Roof, ventilation, exterior, interior, and electrical repairs resulting from fire damage to the building.

Project Funding: $322,636 Insurance claim

For the projects in Table 2 above, the Planning Commission is scheduled to review them for the required 65401 finding at their April 20, 2023, meeting date.

Projects completed since the City Council approved the two-year CIP on May 2, 2022:

1. Ormond Beach Neighborhood Street Resurfacing

2. Council Chambers Remodel

3. Traffic Signal Modifications

4. Perkins Road Parking Lot Improvements

5. Central Trunk Sewer Manhole Replacement - Phase I

6. Lift Station 28 Demolition

7. AWPF TOC Analyzers

8. Recycled Water Pipeline - Hueneme Phase 2

9. Arterial Street Resurfacing
a. East Doris Ave Reconstruction
b. Teal Club Road Street Improvements
c. Patterson Road Street Improvements
d. Second Street Improvements
e. Saviers Road Preventative Maintenance
f. Wooley Road Preventative Maintenance

10. Neighborhood Street Resurfacing
a. La Colonia Neighborhood Street Improvements - Phase II b. Rice Avenue Commercial Neighborhood Street Improvements

11. Citywide Alley Resurfacing
822
a. HERO Alley Reconstruction - Phase I
b. HERO Alley Reconstruction - Phase II

12. Park Improvements
a. Thompson Park, Johnson Creek Park, and Sierra Linda Park Playground Improvement Projects b. Garden City Acres Park Improvement Project
c. Southwinds Park Basketball Court Resurfacing
d. Beck Park Basketball Court Resurfacing

On March 29, 2022, as part of the Council's action on ARPA projects, the City Manager (or designee) is authorized to approve budget appropriations necessary to recognize revenue and appropriate funding for all ARPA projects. As such, the following projects will have an increase in ARPA funds in the CIP, pursuant to the discussion on February 7, 2023, with the City Council (the numbers reflect the numbering system used in the attachments to the February 7, 2023, staff report):

33. Olympic Skatepark in Colonia (22AR33) - an additional $1.5M of ARPA

46. Oxnard Tennis Center (22AR46) - an additional $1.0M of ARPA

54. Fire Stations 2,3&5 Architectural Design (22AR54) - an additional $2.0M of ARPA

67. 305 W 3rd St.(22AR67) - an additional $100,000 of ARPA

81. Stormwater Catch Basins Full Capture Devices (Edison Canal/Channel Is Harbor (22AR81) - an additional $500,000 of ARPA

Based upon the information presented to the City Council meeting on February 7, 2023, the following CIP projects will remain in the CIP (or be added to the next CIP as may be necessary) as unfunded projects. These projects are available for the City Council’s consideration to fund at a later date, assuming available staff resources to move forward the project (the numbers reflect the numbering system used in the attachments to the February 7, 2023 staff report):

15. Saviers Rd Corridor: conceptual plan for widening sidewalks, landscape, lighting

17. River Ridge Playing Fields: parking improvements & permanent power (not in Parks & Rec Master Plan)

24. Colonia Park: repair and resurface pool, renovation of locker rooms, construction of new public restrooms, basketball court resurfacing (resurfacing project, Parks & Rec Master Plan, pg 215)

25. Johnson Creek Park: renovation of snack bar, restrooms, and baseball fields (not in Parks & Rec Master Plan)

27. River Ridge Playing Fields: permanent bleachers & stage area; 50% of $200,000 total cost (not in Parks & Rec Master Plan)

52. Bike / Pedestrian project: Path along the SCR-3 levee road north of the River Ridge Golf Course between Ventura Rd and Victoria Rd

53. City-wide ADA tree and sidewalk improvements

59. Bike / Pedestrian project: Wooley Rd Protected Bike Lanes

71. Electrical Plant Water Quality Capture Project

72. Phase 1 Design: College Park-Oxnard Regional Stormwater Capture Project

73. Phase 1 Design: Driffill Elementary School-Oxnard Regional Stormwater Capture Project

74. Phase 1 Design: Frank Intermediate School-Oxnard Regional Stormwater Capture Project

76. Storm Drain: Diamond Bar

79. Phase 1 Design: East Village/Del Sol Park diversion and infiltration-Oxnard Regional Stormwater Capture Project

80. Phase 1 Design: Ventura Road and 2nd St. diversion and infiltration-Oxnard Regional Stormwater Capture Project

82. AWPF-Oxnard Regional Stormwater Capture Project Wetland Storage & Sewer Diversion Pilot

83. Phase 1 Design: Riverpark basin - recycled water storage project

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

823
For the FY 2022-23 Adopted CIP Budget, staff recommends moving funds from FY 2023-24 to the current FY 2022-23 as follows:

CIP Project Fund FY 2022-23 Adopted CIP
Budget
FY 2022-23 Revised CIP
Budget
Fire Station 4 Rebuild
(C1702/172201)
Capital Growth Fees-
Residential
$0 $2,000,000 from FY 23-24

The Durley Park Concession Building Repairs Project is scheduled for Council on April 18, 2023, for approval of funding from insurance proceeds and will impact the FY 2022-23 CIP Budget.

Fiscal impacts to the FY 2023-24 Adopted CIP Budget will be included in the Proposed Budget for Fiscal Year 2023-24 during the budget process.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on April 11, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS

1. February 7, 2023 Council Staff Report

2. Presentation

824

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: February 7, 2023

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

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.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/qaD0euj5YbE

BACKGROUND

In March 2021 the City Council set its five-year priorities (Attachment A).

In the 2021-2022 fiscal year budget the Council set the outlook for three years of "Restoration Budgets" for the City, with the newly approved Measure E funding, to catch up on restorations to the City’s deferred maintenance, programs, and services.

In March 2021 Congress passed legislation that provided one-time funding to all Cities and Counties in the nation via the American Rescue Plan Act, with certain restrictions and deadlines for use. Oxnard received $59.4M.

DISCUSSION

In the immediate aftermath of the global COVID pandemic, the world economy is in turbulent flux, supply chains are disrupted, inflation has spiked, and most, if not all, sectors of the economy are experiencing a significant labor shortage.

Local governments are not immune from these external forces. Therefore, we must recognize this and shift gears to adjust to the pace these phenomenon force upon our day-to-day operations as well as our larger scale projects.

To set and meet realistic expectations:

We will recommend modifying ARPA projects to ensure compliance with the funding’s deadlines; the modification recommendation chart is Attachment B.

We will recommend modifying the timelines of our current Capital Improvement Projects in order to balance our expected deadlines with our capacity to deliver projects (Attachment C). 825

We will recommend modifying the timelines of the Council’s priorities from five to seven years.

We will recommend modifying the outlook of Restoration Budgets from three to five years.

STRATEGIC PRIORITIES

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

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

FINANCIAL IMPACT

The adjustments and modifications recommended do not exceed the ARPA funding or the City’s approved budget.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Alexander Nguyen, City Manager

ATTACHMENTS

1. Attachment A: 3.16.21_City Council 5-Year Priorities_FINAL

2. Attachment B: ARPA Recommended Modifications - February 2023

3. Attachment B: ARPA Investment List - March 29, 2022

4. Attachment C: Current CIP List - February 2023

5. Attachment D: 2.7.23_City Council Shifting Gears Oral Discussion

826
Updates to the Five Year Capital Improvement
Program for Fiscal Years 2022-2027
Public Works and Transportation Committee
April 11, 2023
City Council
May 2, 2023
Michael L. Wolfe, PE
Director of Public Works
827
That the Public Works and Transportation Committee recommend that the City Council:

1. Approve and adopt updates to the 2022-2027 City of Oxnard Five Year Capital Improvement Program; and

2. Authorize project budget appropriations of $2,000,000 in Fiscal Year 2022-23 from the Capital Growth Fees Fund for the Fire Station 4 Rebuild Project (C1702/172201).

RECOMMENDATION 2
828
That the City Council:

1. Approve and adopt updates to the 2022-2027 City of Oxnard Five Year Capital Improvement Program; and

2. Authorize project budget appropriations of $2,000,000 in Fiscal Year 2022-23 from the Capital Growth Fees Fund for the Fire Station 4 Rebuild Project (C1702/172201).

RECOMMENDATION 3
829
• 5/3/22: City Council approved the 2022-2027 Five Year CIP • T wo year CIP (funding for FY 22/23 and 23/24)

• City’s CIP currently has approximately 140 funded projects • Over the five years - total cost of all projects, including prior appropriations, is approximately $700 million
• Includes American Rescue Plan Act (ARPA) funds that were appropriated to capital projects
BACKGROUND 4
830
Mid-cycle adjustments (2-year CIP) -
• Fire Station #4 project
• Project timeline
• Moving $2M forward from FY 23/24 into FY 22/23

• Combining Oxnard Wastewater Treatment Plant (OWTP)
projects
• Already awarded as combined project
• Clean-up item (6 projects into 1)
• Adding four projects
DISCUSSION 5
831
Proposed additions:

DISCUSSION 6
# CIP Title Page Number Proposed Additions
1 Wastewater OWTP: Secondary Clarifiers
Rehabilitation
TBD Project Description: Replacement of mechanical
equipment in the secondary clarifiers at the OWTP.

Following the design phase two of the eighteen tanks will be rehabbed each year on a rotating basis.

Project Funding: $100,000 in FY 23-24; $400,000 in FY
24-25
2 Water Production: Well 20 Rehabilitation TBD Project Description: Metal shavings were found in a screen of Well 20 indicating an issue with the pump
impellers. Phase 1 of this project will be exploratory
assessment of the pump and casing. Phase 2 will include above ground pipework improvements and installation of
a flow meter.

Project Funding: $150,000 in FY 23-24; $600,000 in FY
24-25
3 Citywide Security Cameras TBD Project Description: Update and add security cameras across all city facilities/locations and will be managed via a holistic cloud solution and service provider.

Project Funding: $2,000,000 ARPA Funding: $750,000
in FY 23-24; $1,250,000 in FY 24-25
4 Durley Park Concession Building Repairs TBD Project Description: Roof, ventilation, exterior, interior, and electrical repairs resulting from fire damage to the building.

Project Funding: $322,636 Insurance claim
832
Additional Information -
• Completed projects since CIP was approved
• Street resurfacing• Water• Wastewater• Parks project• Traffic Signals

• February 7th discussion on slow-down and CIP projects • Additional ARPA funding recommendations for five projects • CIP projects moved to unfunded

DISCUSSION 7
833
Proposing to move funds from FY 2023-24 to the current FY 2022-23 for the following:

Other appropriations/changes will be part of the FY 23-24 budget process, if necessary
FINANCIAL IMPACT 8
CIP Project Fund FY 2022-23 Adopted CIP
Budget
FY 2022-23 Revised CIP
Budget
Fire Station 4 Rebuild
(C1702/172201)
Capital Growth Fees-Residential $0 $2,000,000 from FY 23-24 834

QUESTIONS
9 835

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.5

DATE: May 2, 2023

TO: City Council

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

SUBJECT: State of California's Corrective Action Plan for the City of Oxnard's Solid Waste Operations. (10 minutes)

RECOMMENDATION

That the City Council receive and file the State of California Senate Bill 619 Corrective Action Plan (CAP) for the City of Oxnard's Solid Waste Operations.

(Public Works and Transportation Committee approved 2-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/1bhs0J2LKNU

BACKGROUND

State of California Senate Bill 1383 (SB 1383) also known as the Short-Lived Climate Pollutants (SLCP) law, was signed on September 9, 2016. SB 1383 requires jurisdictions to increase diversion of organic waste from landfills and meet the statewide target to divert organic landfill disposal by 75% in 2025. The law took effect on January 1, 2022, and required compliance with a majority of its provisions by that date. The City and many other local jurisdictions have struggled to comply with SB 1383’s deadlines due to the lack of existing local infrastructure to process organic waste, disruption of supply chains by the Covid-19 pandemic, staffing shortages and a lack of funding from the State for this unfunded mandate.

To provide jurisdictions with relief from penalties for not complying with SB 1383 requirements by January 1, 2022, the State of California passed Senate Bill 619 (SB 619) on October 5, 2021. SB 619 allowed the City to submit a Notice of Intent to Comply (NOIC), proposing a timeline for execution of the provisions required by SB 1383 to avoid civil penalties from the California Department of Resources Recycling and Recovery (CalRecycle) for non-compliance. The City Council passed Resolution No. 15,542 in order for staff to submit the NOIC to CalRecycle. The NOIC was submitted to CalRecycle on March 1, 2022 (Attachment 1).

DISCUSSION

In November 2022, CalRecycle issued a draft Corrective Action Plan (CAP) to the City of Oxnard (City) outlining 30 tasks in order for the City to come into compliance with SB 1383. The City of Oxnard is one of 160 California cities that have been issued a CAP. Environmental Resources (ER) staff and CalRecycle staff worked to finalize the CAP’s tasks and target completion dates and concurred to a proposed agreement on February 7, 2023. On March 6, 2023, CalRecycle issued the final CAP to the City (Attachment 2). All tasks must be completed no later than March 1, 2024. Currently, ER staff is confirming the completion of 9 tasks. The remaining 21 tasks need to be completed by March 1, 2024.

Staff’s major challenges will be:

836

1. The biggest SB 1383 compliance challenge is getting residential, multi-family, and commercial waste generators to comply with the new State mandates. Despite numerous attempts to inform our customers, we have yet to reach the State's mandated thresholds for organics and recycling services. The following are highlights of the City’s outreach efforts conducted to date:

a. Mailed four separate letters asking muti-family and commercial generators to sign-up for organic and non- organic recycling service or apply for a waiver if eligible i. 1st letter - mailed March 2016
ii. 2nd letter - mailed March 2017
iii. 3rd letter - mailed June 2017
iv. 4th letter - mailed January 2022

b. After mailings, staff followed up with phone calls in 2020 and 2021 c. Mail inserts were sent to generators in their October, November and December 2021 and January 2022 utility bills informing them of the new organic waste recycling mandates d. ER Staff has hosted information booths, passed out flyers and conducted presentations on SB 1383 at over 25 community events including farmers markets, neighborhood council meetings, service club meetings, neighborhood clean-up events, car shows and food truck events

2. ER Staff must conduct annual route reviews of all commercial and residential waste collection routes. Organic and non-organic recycling waste containers will be randomly selected and inspected for prohibited items. Waste generators who place prohibited items in a container will be notified of the violation and information will be provided to minimize contamination of the organic and non-organic recycling waste stream.

3. CalRecycle has calculated the City’s annual organic waste product procurement target at 16,374 tons. The City will have to identify additional organic waste product procurement opportunities to meet our procurement target. ER staff will work with other City departments to expand the use of recovered organic waste products throughout all City divisions. The City will enter into agreements requiring direct service providers procure organic waste products and provide written documentation of procurement. The City may also procure organic waste products for giveaway to residents and may offer rebates to commercial customers who agree to acquire and use organic waste products on behalf of the City.

4. SB 1383 requires the State, by 2025, to recover 20 percent of edible food for human consumption that would otherwise be disposed of. To achieve this goal the City will partner with the County of Ventura and participating cities to create and develop the Ventura County Regional SB 1383 Food Recovery Plan to work with commercial edible food generators and food sharing non-profits to recover edible food (MOU with the County Attachment 3).

In order to comply with the State mandates, ER staff will be reaching out directly to commercial, industrial and residential customers to help bring them into compliance. Communications will be done in person and by mail through the United States Postal Service. ER staff will visit non-compliant multi-family and commercial generators and begin issuing Notice of Violations (NOV) (Attachment 4). The NOV process will work as follows:

1. 1st NOV - allows the generator 20 days to come into compliance by starting service for non-organic and organic waste recycling or submitting proof of eligibility for a waiver (waiver eligibility to be determined by ER staff).

2. 2nd NOV - if no action is taken within the first 20 days of the first issued NOV, ER staff will issue the generator a second NOV through a formal letter via certified mail and allow an additional 20 days to comply.

3. 3rd NOV - if no action is taken after the second NOV, a third and final NOV will be issued through a formal letter via certified mail or hand-delivered allowing an additional 20 days to comply for a total of 60 days from the first NOV.

If no action is taken by a multi-family or commercial generator after the third NOV, per Section 19-162(D) of Oxnard’s City Code, the City will automatically provide the necessary services in order to comply with the non-organic and organic waste recycling requirements of SB 1383. The addition of non-organic and organic waste recycling services will be reflected in the waste generator’s utility bill. Costs will vary depending on the required services in order for the generator to come into compliance.

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Failure to comply with SB 1383 by March 1, 2024, will result in the City being issued administrative civil penalties of no less than $500 and no more than $10,000 per violation per day from CalRecycle depending on the severity of the violation. Additionally, Section 18996.9 of SB 1383 gives CalRecycle the authority to directly issue a NOV and administrative civil penalties to a waste generator for failing to comply with the new State mandates.

While not a direct requirement of State’s SB 1383, the City continues to explore opportunities with Colony Energy Partners for processing organic waste at Del Norte Recycling and Transfer Station (Del Norte). Currently, organic waste received to Del Norte is hauled to facilities in Santa Paula and Simi Valley. The exploration of locally addressing the organic waste includes options to have an organic waste recycling facility for processing at the Del Norte. The recovered and recycled organic waste can be used as feedstock, in the production of renewable energy and as compost/fertilizer. If constructed, the facility will enable the City to reduce its costs of transportation and disposal of green and food waste currently collected by the City. As staff progresses on this, updates will be provided to the City Council.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no fiscal impact for the recommended action. Any new services to customers required by SB 1383 will be charged per the current rate model, when applicable.

It should be noted that in order for the City to comply with all aspects of the State’s mandate, the City will need to procure additional materials and equipment in compliance with SB 1383, which may result in additional funding requests in future recommended operating budgets.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on April 11, 2023, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Roberto Serrato, Recycling Manager

ATTACHMENTS

1. Executed NOIC and Resolution - City of Oxnard

2. Oxnard_CAP_Final

3. County Food Recovery Plan MOU

4. Notice of Violation

5. Presentation

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STATE OF CALIFORNIA

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

CORRECTIVE ACTION PLAN AND COMPLAINT FOR PENALTY
1354.SLCP.CAP.2023.3

Before: The State of California
Department of Resources Recycling and Recovery
1001 I Street
Sacramento, CA 95814

In the Matter of: City of Oxnard
111 South Del Norte Boulevard
Oxnard, CA 93030

BACKGROUND AND PURPOSE

1. The California Department of Resources Recycling and Recovery is hereinafter referred to as "CalRecycle."

1.1 CalRecycle, in consultation with the California Air Resources Board, adopted regulatory requirements, consistent with the mandate of Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016), that are designed to achieve the organic waste reduction goals established in section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. The purpose of these reductions is to further the statewide effort to reduce emissions of short-lived climate pollutants (SLCP), including methane. These SLCP regulations are referred to hereinafter as the “Regulations” and can be found at Title 14 California Code of Regulations (CCR) sections 18981.1 through 18998.4. Cities, counties, and special districts are responsible for implementing these Regulations in their communities starting January 1, 2022.

1.2 The City of Oxnard is hereinafter referred to as "Jurisdiction." Jurisdiction is required to comply with the Regulations.

1.3 Jurisdiction is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year, which could result in significant administrative civil penalties under the Regulations.

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1.4 Senate Bill 619 (Laird, Chapter 508, Statutes of 2021), through amendments to section 42652.5 of the Public Resources Code (PRC), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a Corrective Action Plan.

1.5 Under PRC section 42652.5(e), the Notification of Intent to Comply must include a description of proposed actions to remedy the violations, as well as a proposed schedule for those actions, that the Jurisdiction commits to undertake to remedy the violations.

1.6 The Notification of Intent to Comply is hereinafter referred to as “Notification.”

1.7 For violations taking more than 180 days to correct, PRC section 42652.2 allows CalRecycle to determine, in its sole discretion, that violations identified in a Notification may be addressed through a Corrective Action Plan issued pursuant to 14 CCR section 18996.2.

1.8 The Corrective Action Plan is hereinafter referred to as "CAP.”

1.9 For violations disclosed in the Notification approved by CalRecycle as meeting the requirements of PRC section 42652.5(e), CalRecycle shall waive administrative civil penalties during the 2022 calendar year if the Jurisdiction implements the proposed actions according to the approved Notification’s schedule of actions and, as applicable, approved CAP schedule of actions.

1.10 For violations disclosed in the Notification that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. SB 619 provides administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with an approved CAP schedule of action.

DETERMINATION OF VIOLATIONS

2. As authorized by PRC section 42652.5(c), the Jurisdiction notified CalRecycle of its ongoing or anticipated violations of the Regulations and the PRC through a Notification submitted March 1, 2022.

2.1 CalRecycle reviewed the Jurisdiction's Notification, its description of the Jurisdiction’s disclosed violations of the Regulations, and proposed actions and schedule for those actions to remedy those violations for compliance with PRC section 42652.5(e). CalRecycle approved the Notification’s proposed actions and schedule of actions, as modified by this CAP.
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2.2 The Jurisdiction’s Notification identified the following violations of the Regulations as follows:

2.2.1 The Jurisdiction is and has been in violation of 14 CCR section 18984.1 in that since January 1, 2022, the Jurisdiction has not provided three-container organic waste collection service to all residential and commercial generators.

2.2.2 The Jurisdiction is and has been in violation of 14 CCR section 18984.7 in that since January 1, 2022, the Jurisdiction has not distributed new containers meeting the container color requirements.

2.2.3 The Jurisdiction is and has been in violation of 14 CCR section 18984.8 in that since January 1, 2022, the Jurisdiction has not distributed new containers with proper container labeling.

2.2.4 The Jurisdiction is and has been in violation of 14 CCR section 18984.11 in that since January 1, 2022, the Jurisdiction has not verified each waived generator is eligible for a waiver.

2.2.5 The Jurisdiction is and has been in violation of 14 CCR section 18988.4 in that since January 1, 2022, the Jurisdiction has not met recordkeeping requirements for compliance with jurisdiction hauler program.

2.2.6 The Jurisdiction is and has been in violation of 14 CCR section 18993.1 in that since January 1, 2022, the Jurisdiction has not procured recovered organic waste products to meet or exceed its current annual recovered organic waste product procurement target.

2.2.7 The Jurisdiction is and has been in violation of 14 CCR section 18993.2 in that since January 1, 2022, the Jurisdiction has not included all documents supporting its compliance with Article 12 of the Regulations in the implementation record required by section 18995.2.

2.2.8 The Jurisdiction is and has been in violation of 14 CCR section 18993.3 in that since January 1, 2022, the Jurisdiction has not procured paper products, and printing and writing paper, consistent with the requirements of sections 22150-22154 of the Public Contract Code.

2.2.9 The Jurisdiction is and has been in violation of 14 CCR section 18993.3 in that since January 1, 2022, the Jurisdiction has not required all businesses from whom it purchases paper products and printing and writing paper to comply with the requirements of that section.

2.2.10 The Jurisdiction is and has been in violation of 14 CCR section 18993.4 in that since January 1, 2022, the Jurisdiction has not included all documents supporting its compliance with Article 12 of the Regulations in the implementation record required by section 18995.2.

2.3 CalRecycle accepted the Jurisdiction’s self-reported Notification and characterization of its violations therein. CalRecycle has not undertaken a 851
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compliance review of Jurisdiction, and thus CalRecycle’s approval of the Notification or this CAP should not be taken as an indication that Jurisdiction is in full compliance with Regulations in other respects. CalRecycle will be undertaking a compliance review of all jurisdictions in the future.

SCHEDULE FOR COMPLIANCE

3. Based on the foregoing DETERMINATION OF VIOLATIONS, CalRecycle finds that:
a. The Jurisdiction worked with CalRecycle to develop this CAP, which includes schedule of actions necessary for the Jurisdiction to achieve address the violations disclosed in the Notification and described in Section 2 (Determination of Violations) above.
b. CalRecycle hereby approves and issues this CAP pursuant to PRC section 42652.5(c)-(e) and Title 14 CCR section 18996.2.
c. The Jurisdiction will fully implement the programs identified in this CAP by the dates provided in the Section 3.2 below.
d. CalRecycle will monitor the Jurisdiction’s continued implementation of the programs identified in the CAP from March 6, 2023 through March 31, 2024 (“the oversight period”) to assure implementation is complete and timely. The oversight period may be extended at the discretion of CalRecycle if any extensions to the Schedule are granted as described below in Sections 4.4 and 4.5.
e. During the oversight period, the Jurisdiction will submit status reports to CalRecycle and attend status meetings with CalRecycle to demonstrate the ongoing progress the Jurisdiction is making on remedying the violations described above.
f. During the oversight period, the Jurisdiction will provide bimonthly status reports to CalRecycle:

Report Cycle
Report 1: May 31, 2023, covering March 1, 2023 – April 30, 2023 Report 2: July 31, 2023, covering May 1, 2023 – June 30, 2023 Report 3: September 30, 2023, covering July 1, 2023 – August 31, 2023 Report 4: November 30, 2023, covering September 1, 2023 – October 31, 2023
Report 5: January 31, 2024, covering November 1, 2023 – December 31, 2023
Report 6: March 31, 2024, covering January 1, 2024 – March 1, 2024

g. The status reports are to be used to document the status and work completed for each of the identified tasks in the CAP. For each task in the CAP, the Jurisdiction will explain the status of the task, specifying what actions have been taken to complete the task.
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h. If the work has been delayed or has not been completed, the Jurisdiction will explain the reason(s) for the delay/incompletion. The Jurisdiction will also attach any previously submitted extension requests made pursuant to section

4.4 of this CAP and any extensions granted pursuant to section 4.5 of this CAP, using additional sheets as necessary for the report. CalRecycle may consider the explanation in deciding whether to allow the Jurisdiction to continue to operate under the Notification and CAP or to revoke approval of the Notification and CAP pursuant to PRC section 42652.5(d). i. During the oversight period, the Jurisdiction will meet with CalRecycle telephonically or via other remote electronic means (such as Teams or Zoom) bimonthly to provide interim progress updates on the following schedule:

Meeting Cycle
Meeting 1: During April 2023
Meeting 2: During June 2023
Meeting 3: During August 2023
Meeting 4: During October 2023
Meeting 5: During December 2023
Meeting 6: During February 2024

j. The status meetings are to be used to discuss the most recent status report and to discuss interim progress made by the Jurisdiction on each of the identified tasks in the CAP.
k. Prior to the close of the oversight period, CalRecycle may undertake a compliance review or field visit to supplement other status reporting. l. At any time prior to the conclusion of the oversight period, if CalRecycle determines the Jurisdiction has failed to implement the programs identified in the Notification and CAP, has failed to participate in status reporting during the oversight period, has substantially misrepresented its progress in status reporting, or has substantially failed to make interim progress on Tasks set out in Section 3.2 for four consecutive reporting periods, CalRecycle may immediately issue a notice revoking its approval of the Notification and CAP and indicating its intent to impose penalties as provided in PRC section 42652.5. Title 14 CCR sections 18997.3, 18997.5, and 18997.6 and PRC section 42652.5 governs the process and considerations CalRecycle will utilize in calculating and assessing administrative civil penalties against the Jurisdiction, which may be up to $10,000 per day per violation.

3.1 Based on the foregoing DETERMINATION OF VIOLATIONS, it is hereby ordered that the Jurisdiction will implement the actions described below in accordance with the compliance deadlines contained in the schedule of actions to remedy violations as set forth in Section 3.2 below.

3.2 Schedule and Program of Actions

Section 18984.1 Three-Container Organic Waste Collection Services 853
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The Jurisdiction will provide three-container service to all residences.

Task # Description Target Completion
Date
TASK
1 The Jurisdiction will identify single-family residential generators that do not have green waste collection.
1/30/2022
(Task completion to
be verified)
TASK
2 The Jurisdiction will develop an enforcement ordinance requiring compliance with organic waste collection service and present it to Council.
3/1/2022
(Task completion to
be verified)
TASK
3 The Jurisdiction will adopt an enforcement ordinance requiring compliance with organic waste collection service.
3/1/2022
(Task completion to
be verified)
TASK
4 The Jurisdiction will distribute organics recycling collection containers to remaining 3% of residential customers currently without service.
2/1/2024
TASK
5 The Jurisdiction will provide three-container container waste collection service to all residential generators that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11, 18984.12, or other provision of the Regulations, or are not an authorized self-hauler subject to the Jurisdiction’s ordinance requiring compliance with the
requirements of section 18988.3. In implementing this container system, the Jurisdiction will ensure materials are sorted into the containers properly by generators.
2/1/2024

The Jurisdiction will provide three-container collection service to all commercial generators.

Task # Description Target Completion
Date
TASK
6 The Jurisdiction will provide notice to all multi-family generators without recycling and/or organics collection.
1/26/2022
(Task completion to
be verified)
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TASK
7 The Jurisdiction will develop an enforcement ordinance requiring compliance with organic waste collection service and present it to Council.
3/1/2022
(Task completion to
be verified)
TASK
8 The Jurisdiction will adopt an enforcement ordinance requiring compliance with organic waste collection service.
3/1/2022
(Task completion to
be verified)
TASK
9 The Jurisdiction will make contact with a minimum of 75 commercial generators per month to determine service level needs.
12/31/2022
(Task completion to
be verified)
TASK
10 The Jurisdiction will make contact with a minimum of 45 multi- family generators per month to determine service level needs. 6/30/2023 TASK
11 The Jurisdiction will provide commercial generators that do not have organics collection service or an approved waiver with a 60-day notice to comply.
3/1/2024
TASK
12 The Jurisdiction will distribute organics recycling collection containers to all remaining 1,505 commercial businesses without organics collection service or determine waiver eligibility.
3/1/2024
TASK
13 The Jurisdiction will provide multi-family generators that do not have organics collection service or an approved waiver with a 60-day notice to comply.
3/1/2024
TASK
14 The Jurisdiction will begin automatic service to 526 multi-family generators. 3/1/2024
TASK
15 The Jurisdiction will provide three-container waste collection service to all commercial generators, including multi-family generators, that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11, 18984.12, or other provision of the Regulations, or are not an authorized self- hauler subject to the Jurisdiction’s ordinance requiring compliance with the requirements of section 18988.3. In 3/1/2024
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implementing this container system, the Jurisdiction will ensure materials are sorted into the containers properly by generators.

Section 18984.7 Container Color Requirements
The Jurisdiction will distribute new containers meeting the container color requirements.

NOTE: A jurisdiction is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

Task # Description Target Completion
Date
TASK
16 If purchasing new containers, the Jurisdiction will provide containers for collection services to generators that comply with the container color requirements specified in Article 3 of the Regulations.
• The Jurisdiction has indicated that existing commercial containers will be repainted to conform to color
requirements and that existing residential containers
already meet the color requirements.
9/30/2023

Section 18984.8 Container Labeling Requirements
The Jurisdiction will provide proper container labeling on any new containers purchased.

Task # Description Target Completion
Date
TASK
17 The Jurisdiction will develop labeling or use model labeling provided by CalRecycle for use on containers.

1. Labels on containers must include language or graphic images or both indicating the primary materials accepted and the primary materials prohibited in that container, OR

2. Containers must include imprinted text or graphic images indicating the primary materials accepted and the
primary materials prohibited in that container.
7/1/2022
(Task completion to
be verified)
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TASK
18 The Jurisdiction will label each new container or lid provided to generators.
• Labels will be consistent with the applicable container collection requirements specifying what materials are
allowed to be placed in each container.
7/1/2022
(Task completion to
be verified)

Section 18984.11 Waivers
The Jurisdiction will verify each waived generator is eligible for a waiver.

Task # Description Target Completion
Date
TASK
19 The Jurisdiction will issue waivers to all verified eligible generators and will establish a conforming reporting mechanism for waived generators.
12/31/2023

Section 18988.4 Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
The Jurisdiction will establish recordkeeping for compliance with jurisdiction hauler program.

Task# Description Target Completion
Date
TASK
20 The Jurisdiction will establish a system for documenting and compiling records regarding recordkeeping and reporting. 11/30/2023 TASK
21 The Jurisdiction will begin tracking and compiling
documentation in the Implementation Record and will include at a minimum:
• Ordinances, contracts, franchise agreements, policies, procedures, or programs relevant to this section.
• A description of the Jurisdiction’s collection program including:
o Type(s) of collection system(s) the Jurisdiction
uses.
o Type(s) and condition(s) of approvals of self-
haulers, and criteria for approvals, denials and
revocations.
o The process for issuing, revoking, and denying
written approvals. Any requirements associated
with self-hauling and back-hauling.
12/31/2023
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Oxnard City CouncilMay 2, 2023

Oxnard City Council
May 2, 2023