Agenda packet — Oxnard City Council, February 6, 2024 (part 1 of 4)

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

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

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

AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street February 6, 2024
Closed Session - 4:30 PM
Regular Meeting - 6:00 PM

Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 898 1235 4133

3. Passcode: 286883

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

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

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

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

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

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request. 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 2

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

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

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

A. ROLL CALL, POSTING OF AGENDA

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

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

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Flor Martinez v. City of Oxnard; et al.

Ventura County Superior Court Case No. 202000539143CUPA Legislative Body: City Council

2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Ashley Golden, Assistant City Manager, Steve Naveau, Director of Human Resources and Jason Benites, Chief of Police.

Employee organization: Oxnard Peace Officers Association (OPOA)

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 5208 Cypress Road, Oxnard, CA (222-0-042-110) Agency Negotiator: Emilio Ramirez, Housing Director
Negotiating Party: Darcy Taylor, Habitat for Humanity
Under Negotiation: Price and terms of payment
Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

E. CEREMONIAL ITEMS

2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 3

1. SUBJECT: Presentation of a Proclamation Designating the Month of February 2024 as "Black History Month."

2. SUBJECT: Presentation of a Proclamation Designating the Month of February 2024 as "Parent Leadership Month."

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

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

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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

1. City Manager Department
SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION: That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

1. Cultural & Community Services Department
SUBJECT: Appointment of Two Representatives to the Ventura County Area Agency on Aging A dvisory Council.

RECOMMENDATION: That City Council approve the recommendation from the Senior Services Commission and appoint two Senior Services Commissioners to the Ventura County Area Agency on Aging Advisory Council.

This item did not originate in Committee.

Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
I. REVIEW OF INFORMATION/CONSENT AGENDA
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 4

The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of January 2, 2024 regular meetings as presented.

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

2. Finance Department
SUBJECT: Accounting and Financial Reporting Risk Assessment Update.

RECOMMENDATION: That the City Council receive the Risk Assessment Update regarding accounting and financial reporting as part of the Internal Control Integrated Framework pursuant to City of Oxnard Finance Policy (FPOL) 1.05.

(The Finance and Governance Committee approved 3-0 on January 9, 2024, to approve the staff recommendation and to forward the item for Council approval.)

Please click the following link to view the required Measure M pre-recorded presentation video:

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

3. Public Works Department
SUBJECT: Agreement 32400384 with IDS Group, Inc. for Landscape Architecture Services for the Durley Park Improvement Project.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with IDS Group, Inc. in the amount of $691,379 with a term date of February 7, 2024 through January 31, 2026 for Landscape Architecture Services for the Durley Park Improvement Project (C2333).

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Agreements 32400369 and 32400362 for Acquisition of Easements for the Oxnard Boulevard & Saviers Road Signal Improvements Project (No. C1703).

RECOMMENDATION: That the City Council approve and authorize the:

1. Mayor to execute a Right of Way Agreement and Easement Deed (A-8545) for APN 219-0-031- 065 to purchase Permanent Sidewalk Easement located at Saviers Road/Bryce Canyon/Thomas 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 5

Avenue;

2. Mayor to execute a Right of Way Agreement and Easement Deed (A-8546) for APN 222-0-102- 010 to purchase Permanent Sidewalk Easement located at Saviers Road/Pleasant Valley Road; and

3. City Manager to take any additional necessary actions to facilitate the acquisition of the property consistent with the terms of the transaction approved by the City Council.

5. Public Works Department
SUBJECT: Professional Services Agreement 32400346 with Huitt-Zollars, Inc. for the 4th Street Mobility Improvements and the Downtown Bus Stop Improvements Projects.

RECOMMENDATION: That the City Council approve and authorize:

1. The Mayor to execute an Agreement with Huitt-Zollars, Inc. in the amount of $772,053.47 for architectural and engineering design services for the 4th Street Mobility Improvements Project (C2204) and the Downtown Bus Stop Improvements Project (C2415); and

2. A budget appropriation of $175,834.83 from the available fund balance of the Circulation System Improvement Fees Fund 350 to the Downtown Bus Stop Improvements Project (C2415).

6. City Attorney Department
SUBJECT: Adoption of No-Fault Just Cause Eviction Ordinance.

RECOMMENDATION: That the City Council adopt Ordinance No. 3042 titled:

“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 27-4 OF THE OXNARD CITY CODE REGARDING NO-FAULT JUST CAUSE

EVICTIONS OCCURRING AS THE RESULT OF A DEMOLITION OR SUBSTANTIAL REMODEL."
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
L. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Quarterly Investment Report for the Period Ending December 29, 2023. (10 minutes)

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

(This item did not originate in Committee.)

5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 6

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/XFQGJpCsCRU
Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808

2. Finance Department
SUBJECT: FY 2023-24 Budget Mid-Year Review. (20 minutes)

RECOMMENDATION: That the City Council:

1. Receive an update on the FY 2023-24 revenue and expenditure projections for major funds,

2. Approve budget amendments within the Golf, Development Impact Fees, Contributions Trust and Facilities Maintenance, and related Funds as explained in this report.

Resolution. (This item did not originate in a committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/uhNQBCt2O6s
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

3. Public Works Department

SUBJECT: Public Project Agreement 32400352 with Toro Enterprises, Inc., for Citywide Alley Resurfacing - Fremont North Neighborhood Alley Restoration Project, Specification No. PW 24-11. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $4,592,368 in Project funds for the Citywide Alley Resurfacing - Fremont North Neighborhood Alley Restoration Project, Specification No. PW 24-11;

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $3,891,837 for the Project;

3. A Project contingency amount of $389,184 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $4,281,021 for the Project;

4. A Project allocation amount of $311,347 (8%) for engineering, inspection, survey and project management; and

5. A project budget appropriation transfer in the total amount of $4,592,368 from 12 Alleyways Project No. C2111 to Citywide Alley Resurfacing Project No. C2102 within the General Fund (101) for $165,368 and the Measure O Fund (104) for $4,427,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2UdjV_3Cu6Y
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 7

SUBJECT: Golf Management Agreement. (10 minutes)

RECOMMENDATION: That the City Council authorize staff to enter into negotiations with American Golf Corporation for a new Agreement to manage the River Ridge Golf Club operations.

(The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/69uH3oiNOTs
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: First Amendment to Trade Services Agreement 32300370 with R.A. Atmore & Sons, Inc. for Citywide On-Call Abatement Services. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to a Trade Services Agreement with R.A. Atmore & Sons, Inc. to increase the not to exceed amount from $200,000 to $1,400,000 through June 30, 2025, for citywide on-call abatement services.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/dP-wPsZEdLk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Community Development Department
SUBJECT: On-Call Consulting Services for Community Development. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve and authorize the execution of a Second Amendment to the Agreement with Rincon Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $500,000 for a total agreement amount of $1,750,000; and

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

(The Community Services, Public Safety, Housing & Development Committee was scheduled to consider this item on 1/9/2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/dcZpnas3Z3s
Contact: Jeff Pengilley, (805) 385-8208
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 6, 2024 PAGE 8

7. Housing Department
SUBJECT: Accessibility Remodel Project at Colonia Site. (15 minutes)

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

1. Approve and authorize the Housing Director to execute a firm-fixed price contract in the amount of $2,418,020 with MDJ Management (Agreement Number A-8544) using funds from the Housing Authority of the City of Oxnard’s Business Activities Fund, for properties located at 1040, 1070-C, 1100-B, 1130 E. Colonia Road; and

2. Authorize the Housing Director to execute the work order(s) for work to be performed.

(This item did not originate in Committee. The project was included in the Housing Authority of the City of Oxnard’s Capital Fund Program Five-Year Action Plan which was approved by the Board of Commissioners of the Housing Authority of the City of Oxnard on April 6, 2021.)

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

8 CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1

DATE: February 6, 2024

TO: City Council

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Appointment of Two Representatives to the Ventura County Area Agency on Aging Advisory Council.

RECOMMENDATION

That City Council approve the recommendation from the Senior Services Commission and appoint two Senior Services Commissioners to the Ventura County Area Agency on Aging Advisory Council.

This item did not originate in Committee.

BACKGROUND

The Advisory Council of the Ventura County Area Agency on Aging (VCAAA) is a community-based body of advocates for persons age 60 and over. Members of the Advisory Council represent the Ventura County Board of Supervisors, Service Providers and Focus Populations, and local cities.

The mission of the Advisory Council is to involve the community in creating and sustaining programs that impact senior living and family caregivers. To achieve this goal, members participate in committees, outreach, grantee site visits, task force groups and issues of County concern.

At the January 9, 2024, Senior Services Commission meeting, the Commission voted to recommend Alice Sweetland and Clark Owens to represent the City of Oxnard for a two-year term on the VCAAA’s Advisory Council.

It is a requirement of the VCAAA Advisory Council that the recommendation be ratified 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

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Julie Estrada, Management Analyst, Renee Rakestraw, Cultural & Community Services Assistant Director

ATTACHMENTS

1. DRAFT Senior Services Commission Minutes 01-09-24
9 10

MINUTES
Senior Services Commission
1/9/24

A. ROLL CALL/PLEDGE OF ALLEGIANCE

At 9:07 a.m., a regular meeting was convened in the Oxnard Joslyn Lawn Bowls Clubhouse, 350 N. C Street, Oxnard.

Commissioners present: Linda Calderon, Gloria Massey Chinea , LaRita Montgomery, Alice Sweetland, Naomi Ontiveros, Clark Owens

Commissioners absent: none

Staff members present: Jorge Cruz, Recreation Coordinator; Matthew O’Neill, Recreation Coordinator; Marisue Eastlake, Recreation Supervisor; Pam Morrison, Cultural and Community Services Manager.

Chairperson Alice Sweetland presided and called the meeting to order.

B. APPROVAL OF MINUTES

1. SUBJECT: Minutes of the meeting of November 14, 2024.

RECOMMENDATION: Approve.

ACTION: Commissioner Massey Chinea moved for approval of the minutes; Commissioner Montgomery seconded. Motion carried unanimously.

C. PUBLIC COMMENTS
No Comments

D. PRESENTATIONS/REPORTS

1. SUBJECT: Report by Staff on Senior Services Programs and Events RECOMMENDATION: That the Senior Services Commission receive and file the report.

DISCUSSION: Recreation Coordinator Jorge Cruz reported 2,420 home delivered meals and 1,665 congregate meals were served in November while 1,895 home delivered meals and 1,613 congregate meals were served in December. 140 seniors attended the Senior Holiday Celebration. Holiday activities included:

Oxnard police officers hosted a special Colonia Senior Center breakfast, providing seniors with a meal and gifts; Palm Vista offered free gift wrapping; a collaboration between Colonia Library, Colonia Senior Center, and Oxnard Housing supported La Posada event; senior participants and commissioners participated in the Christmas Parade; SOC held a tamale-making class; and a senior excursion went to Sinatra and Friends. Upcoming: Cafe Nouveau excursion on January 11 and Getty Villa excursion on January 19. We are hosting 11 a Senior Scam Stopper Seminar with Assemblymember Steve Bennet on January

26. Recreation Coordinator Matt O’Neill reported hosting the annual RSVP Bone Builders holiday party. New Bone Builders Master Trainers are being developed and trained. A TCMBB volunteer recognition is slated for February 8 with new instructor training scheduled for February or March. Walk with RSVP begins its first session this month.

ACTION: Reports were received.

2. SUBJECT: Report by Commissioner Sweetland and Commissioner Owens on Ventura County Area Agency on Aging (VCAAA) Advisory Committee Business RECOMMENDATION: That the Senior Services Commission receive and file the report.

DISCUSSION: Commissioner Sweetland reviewed general Advisory Council activities. Legacy awards were presented at the last meeting.

ACTION: Report was received.

3. SUBJECT: Ad Hoc Committee Assignments
RECOMMENDATION: That the newest Senior Services Commissioners discuss and choose a 2023 Commission Goals Ad-Hoc Committee on which to serve.

DISCUSSION: Commissioner Calderon was added to the Technology and Monthly Health ad hoc committees in the November meeting. Commissioner Ontiveros would like to be added to the Programming Survey ad hoc committee.

ACTION: Report was received.

4. SUBJECT: Appointment of Two Commissioners to the Ventura County Area Agency on Aging Advisory Council
RECOMMENDATION: That the Senior Services Commissioners recommend to Council two commissioners to sit on the Ventura County Area Agency on Aging Advisory Council.

DISCUSSION: Chair Sweetland and Commissioner Owens currently serve and are willing to continue their service if no other commissioners are willing.

ACTION: Commissioner Montgomery moved to re-appoint Chair Sweetland and Commissioner Owens to continue representing Oxnard on the VCAAA Advisory council. Commissioner Massey Chinea seconded the motion. Motion passed unanimously.

5. SUBJECT: 2024 Senior Services Commission Meeting Calendar RECOMMENDATION: That the Senior Services Commissioners review and approve the 2024 Commission meeting calendar.

DISCUSSION: Chair Sweetland would like to visit centers for some 2024 meetings.

She asked to move the March meeting to SOC and September to Colonia. All other meetings remain at the Oxnard Joslyn Lawn Bowls Clubhouse. 12 ACTION: Commissioner Owens moved to approve the calendar with noted changes, Commissioner Massey Chinea seconded the motion. Motion passed unanimously.

6. SUBJECT: Election of Officers for the Senior Services Commission RECOMMENDATION: That the Senior Services Commissioners discuss and elect 2024 officers.

DISCUSSION: Nominations are open for Chair and Vice Chair of the commission.

ACTION: Commissioner Massey Chinea moved to nominate Alice Sweetland as Chair and LaRita Montgomery as Vice Chair. Commissioner Calderon seconded the motion. Motion passed unanimously.

E. AD-HOC COMMITTEE REPORTS

1. SUBJECT: Ad-Hoc Committee Reports on 2024 Commission Goals RECOMMENDATION: That Senior Services Commission receive and discuss ad- hoc committee reports on carrying-out Commission goals.

DISCUSSION: Matt O’Neill reported the program evaluation surveys are completed. They can be accessed via QR code, but printed surveys will be provided for each center as needed. Commissioner Massey Chinea gave a presentation on Senior Planet and the OATS program, which provides free technology training for seniors.

ACTION: Report was received.

F. REPORT OF THE COMMISSION SECRETARY
Marisue Eastlake reported a Senior Nutrition van for transporting home-delivered meals should arrive soon. SOC flooded during the storms in December; sandbags are now in place to avoid future flooding. Seniors in Motion added two new activities: yoga and “Coffee with a Conversation.”

G. COMMISSIONER COMMENTS
Commissioner Calderon suggested SOC sidewalks should be more accessible and easier to navigate for older or disabled patrons. She inquired about providing food or meal services at SOC. Chair Sweetland discussed adding tray favors to the Oxnard meal program and shared information on a program that brings dogs to senior centers.

H. ITEMS FOR FUTURE CONSIDERATION
Agendize continuing ad hoc committee goals from 2023 into 2024. Change title of the walking program to Walk with RSVP for future items. Additional signage for the Wilson Senior Center and better accessibility to centers.

I. ADJOURNMENT
At 11:11 a.m Commissioner Owens moved and Commissioner Massey Chinea seconded adjournment. The motion passed unanimously.

13 _____________________________ ____________________________ Marisue Eastlake, Secretary Alice Sweetland, Chairperson 14 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: February 6, 2024

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of January 2, 2024 regular meetings as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Dee Lai, Assistant City Clerk, Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 01 02 2024 CC Regular Meeting

15 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
January 2, 2024

A. ROLL CALL, POSTING OF AGENDA

At 5:15 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Rose Chaparro, City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela Zavala, Mayor Pro Tem Bryan A.

MacDonald and Mayor John C. Zaragoza were present.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Community Development Commission Successor Agency.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)

C. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Ignacio Ixta, Jr. v. County of Ventura, et al.

U.S District Court, California Central District Court Case No. 2:22-CV-02468 Legislative Body: City Council

At 5:18 p.m., the City Council recessed into a closed session. At 6:02 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney, announced that no reportable actions resulted from the closed session for item C.1.

D. OPENING CEREMONIES (6:00 PM)

Mayor Zaragoza led the pledge of allegiance.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating January 15, 2024 as "Dr. Martin Luther King, Jr. Day."

Mayor Zaragoza read the Proclamation and presented it to LaRita Montgomery and the Martin Luther King, Jr. Committee of Ventura County. Ms. Montgomery and members of the committee joined the Council on the dais to accept the Proclamation and spoke briefly.

2. SUBJECT: Presentation of a Proclamation Designating January 13, 2024 as "Soroptimist STOP Human Trafficking Awareness Day."

Mayor Zaragoza read the Proclamation and presented it to Debbie Gohlke, Tori Rocco and Gail Rocco from the Soroptimist International of Oxnard. Debbie Gohlke, Tori Rocco and Gail Rocco joined the Council on the dais to accept the Proclamation and said a few words. 16 JANUARY 2, 2024 OXNARD CITY COUNCIL PAGE 2

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Len Shulman (Carnegie Building).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Attorney Department
SUBJECT: Ratification of Severe Storms Emergency Proclamation

RECOMMENDATION: That the City Council adopt Resolution No. 15,758 ratifying the Proclamation of the Director of Emergency Services of the City of Oxnard Proclaiming the Existence of a Local Emergency.

Alex Nguyen, City Manager and Stephen Fi scher, City Attorney were available to answer questions. No public comments were received. Discussion ensued among the council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela , and Zaragoza voted in favor; motion passed 7-0.

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

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

I. REVIEW OF INFORMATION/CONSENT AGENDA

Items K-1 through K.5 were reviewed and discussed among the Council and staff.

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of December 5, 2023, regular meetings as presented.

2. City Manager Department
SUBJECT: Ninth Annual Recognized Obligation Payment Schedule 2024-25.

RECOMMENDATION: That the Community Development Commission Successor Agency adopt CDCSA Resolution No. 44 approving the Ninth Annual Recognized Obligation Payment Schedule (ROPS) 24-25 covering the period of July 1, 2024 - June 30, 2025. (This item did not originate in Committee.)

17 JANUARY 2, 2024 OXNARD CITY COUNCIL PAGE 3

3. Finance Department
SUBJECT: First Amendment to External Auditor Agreement A-8223

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the First Amendment to Agreement A-8223 with Eadie + Payne, LLP, to increase the amount by $20,000, for a total amended not-to-exceed amount over 5 years of $1,095,100 for FY 2022-23 Annual Comprehensive Financial Reporting (ACFR)/Single-Audit/Ancillary Assistance. (The Finance and Governance Committee approved 3-0 on December 12, 2023.)

4. Public Works Department
SUBJECT: Agreement 32400249 with Amrep Manufacturing Company, LLC for Maintenance, Inspection and Repair of Amrep Refuse Collection Vehicles.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Amrep Manufacturing Company, LLC for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $750,000 for the maintenance, inspection and repair of the City’s Amrep waste collection fleet on an on-call/as- needed basis.
(Public Works and Transportation Committee approved 3-0 on December 12, 2023.)

5. Public Works Department
SUBJECT: First Amendment to Trade Services Agreement A-8263 with UniFirst Corporation for Multi Divisional Uniform Rental, Purchase, and Laundry Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with UniFirst Corporation for uniform rental, purchase, and laundry services for multi-divisions; extending the term for nine months from January 31, 2024 to October 31, 2024 and increasing the contract total by $100,000 for a new contract total not to exceed $770,000.
(Public Works and Transportation Committee approved 3-0 on December 12, 2023.) It was moved by Councilwoman Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; the motion passed 7-0.

L. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: Subdivision of a 4.16-acre lot into 25 lots for condominium purposes, located at 1400 Graves Avenue and 2301 Santiago Court (APN: 214-0-031-025). Filed by Garry Collett, California Commercial Investment Companies, 4530 East Thousand Oaks Boulevard, Suite 100, Westlake Village, California 91362. (20 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(k) (Existing Facilities); and,

3. Adopt Resolution No. 15,759 approving Planning and Zoning Permit No. 22-300-03 for a 18 JANUARY 2, 2024 OXNARD CITY COUNCIL PAGE 4

Tentative Subdivision Map (Tentative Tract Map No. 6062), subject to certain findings and conditions.
(This item did not originate in Committee.)

The City Clerk announced the affidavit of publication and stated that no written communications were received on this item.

There were no Ex Parte Communications regarding this item from any of the Councilmembers.

Joe Pearson II, AICP, Planning and Environmental Services Manager, posted a Measure M video presentation regarding this item and was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comment was received from Garry Collett and Eric Zentner.

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

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran , to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Pe rello, Teran, Valenzuela , and Zaragoza voted in favor; motion passed 7-0.

M. REPORTS (None.)

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:05 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

19 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: February 6, 2024

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Accounting and Financial Reporting Risk Assessment Update.

RECOMMENDATION

That the City Council receive the Risk Assessment Update regarding accounting and financial reporting as part of the Internal Control Integrated Framework pursuant to City of Oxnard Finance Policy (FPOL) 1.05.

(The Finance and Governance Committee approved 3-0 on January 9, 2024, to approve the staff recommendation and to forward the item for Council approval.)

Please click the following link to view the required Measure M pre-recorded presentation video:

BACKGROUND

The City’s annual audit for Fiscal Year (FY) 2014-15 produced 111 single-audit findings. One finding identified that risk assessments need to be performed. The finding specified two types: (i) risk assessment related to accounting and financial reporting, and (ii) fraud management risk assessment.

In response to the finding, on June 27, 2017, the City engaged Price Paige as Internal Auditors to complete a fraud risk assessment and to monitor operation of controls in high priority areas. These detailed reviews by external consultants were supplemented by the work of new and better trained staff across the City who identified and remediated additional issues that affected operating, reporting, and compliance objectives. In December 2021, the City completed the adoption of eight Internal Control Integrated Framework (ICIF) policies (see links attached) that are aimed at strengthening and improving the organization’s overall control and operating environment. Financial Policy (FPOL) 1.05 City Council’s Risk Assessment Responsibilities established that the City Council ensures that risk assessments are performed. In September and November 2021, the Finance and Governance Committee received training from the City’s Independent Auditor, Eadie + Payne, in internal controls, compliance, and risk management.

During the past year, staff facilitated revisions to financial policies and procedures, integrated training on the revised policies and procedures into the implementation of the City’s new ERP system, and created the framework and the plan for a targeted risk assessment for FY 22-23. The targeted risk assessment is designed to focus on maintaining existing internal controls, including those controls that were put into place as a result of previous audit findings. The FY 22-23 targeted risk assessment focused on the following areas: Purchasing, Accounts Receivable / General Billing for Miscellaneous Revenues, General Ledger, and Accounts Payable. Areas that were originally planned for completion as part of the FY 22-23 targeted risk assessment (Grants, Capital Assets, Vendor Master Maintenance and Purchasing Cards) were postponed due to the ERP learning curve, system stabilization and prioritization of other internal control priorities and will instead be the focus of the FY 23-24 targeted risk assessment.

The plan is to conduct a Targeted Risk Assessment for FY 23-24 to ensure limited internal control resources are focused on higher risk areas. In future years, staff will consider expanding to a more comprehensive risk assessment to cover all City processes.
20 FY 22-23 preliminary targeted risk assessment results The implementation of the new ERP system, Tyler Munis, has enhanced the City’s internal controls over financial reporting. The automatic routing of Purchasing, Accounts Payable, General Ledger, and Miscellaneous Accounts Receivable transactions for the appropriate level of authorization, review, approval, and verification replacing manual processes for approval is one such internal control enhancement.

Additionally, internal controls put into place as a result of a previous audit finding were embedded into the system, where appropriate. For example, prior audit finding 2015-098 required the Purchasing Department to maintain procedures to ensure that the spreadsheet containing the list of approved contracts is complete. With the implementation of the ERP system, maintaining a spreadsheet is not required, as a list of all approved contracts is an ERP generated report.

Establishing effective internal controls is a continuous process, which should follow the Committee of Sponsoring Organizations of the Treadway Commission (COSO) framework for designing and managing internal controls. The Committee of Sponsoring Organizations of the Treadway Commission (COSO) created this framework for designing and managing internal controls. In 2014, the federal government updated the Uniform Guidance to require non-federal entities to establish and maintain effective internal control over federal awards, which should be in compliance with COSO. In 2015, the California State Controller developed internal control guidelines applicable to local governments that recommend using COSO’s Internal Control Framework.

The City's system of internal controls has been evaluated using the COSO framework. The five components of COSO internal control are: control environment, risk assessment, control activities, information and communication, and monitoring activities. The preliminary results of the targeted risk assessment are communicated according to their respective COSO component. Below are both the internal control enhancements and improvement opportunities that have been addressed or will be addressed in the future. Noted improvement opportunities did not constitute control failures; the exposures found are minor in extent and nature or other compensating controls exist. These preliminary results are pending discussion with City Management.

1. Control Environment The control environment is the set of standards, processes and structures that provide the basis for carrying out internal control and sets the tone across the organization. City processes are in a stabilization period post ERP implementation and policies and procedures continue to be updated to reflect process changes.

2. Risk Assessment The risk assessment allows management to identify the need for control and monitoring activities, improvements to the flow of information and communication or the need for changes to the control environment. Risk assessments were prepared for each of the targeted risk assessment areas: Purchasing, Accounts Receivable for Miscellaneous Revenues / General Billing, General Ledger, and Accounts Payable to ensure that risks are managed and mitigated.

3. Control Activities Control activities are actions established through policies and procedures (or through embedded controls) that help ensure that management’s directives to mitigate risk (as documented in the Risk Assessment) are carried out.

The ERP system has the following internal controls embedded into the system. ● Segregation of duties – system workflow separates the responsibilities for authorizing transactions and processing transactions replacing the manual control of individuals, ensuring that they aren’t the only authorizer and approver or that the transaction is processed by people without conflicting responsibilities ● Reviews and approvals – system workflow automation ensures secondary reviews and supervisory approvals that transactions have been properly authorized, accurately recorded, and correctly reflect the events that have occurred replacing the manual control of people routing reviews and approvals appropriately via a paper-based process and approvals being captured on paper ● Adequate, accurate and readily available documents and records – electronic management of transaction documents ensures that documents are centrally stored (single source of truth), accessible across the City (increased transparency), and retained for the appropriate timeframe Below are the internal controls embedded into the system for the specific processes.

Purchasing –
● ERP workflow captures approvals of requisitions
21 ● ERP checks budget when entering a purchase requisition or contract ● ERP limits purchasing transactions to pre-approved vendors Accounts Receivable for Miscellaneous Revenues/General Billing – ● ERP ensures pricing and application of payment to correct miscellaneous receivable general ledger by utilizing AR chargecodes that are created in the system General Ledger –
● ERP workflow captures approvals of journal entries ● ERP limits users to general ledger accounts within their organizational unit Accounts Payable –
● ERP workflow captures approvals of vendor invoices ● ERP limits transactions to pre-approved vendors, with the exception of one-time vendors which require periodic manual review

4. Information and Communication
Information and communication is the continual iterative process of providing, sharing and obtaining necessary information to meet accounting and disclosure requirements under governmental accounting standards. ● ERP user quick guides that also incorporate relevant control activities are readily available to all ERP users
● ERP users completed ERP training prior to go-live, and new users are expected to complete “On Demand” trainings post go-live
● Results of Targeted Risk Assessment or Monitoring Activities will be communicated to improve process efficiency and effectiveness

5. Monitoring Activities
Monitoring activities are the continuous evaluation of each of the COSO components to ensure they are functioning effectively, including the COSO monitoring activities component, to assess the execution and quality of established control activities. Below are highlights of the monitoring activities that were performed as part of this review.

Accounts Payable –
● Evaluated the correctness of general ledger expense accounts used for invoice payments – o ERP limits payments from general ledger accounts that have available budget o Instances of invoices paid from incorrect expense accounts. While the general ledger account used contained available budget, the incorrect general ledger account was used. ▪ These identified instances have been resolved
● Evaluated that payments are authorized as evidenced by proper review and approval – o ERP records who views supporting documentation attachments and when they view such attachments
o ERP did not require CFO review of large payments (identified by the City as single payments greater than $500k to one vendor). While system workflow ensures secondary reviews, and supervisory approvals of invoices and CFO approval is required of the full list of payments (check run), the workflow did not include CFO review and approval of large payments. ERP workflow has been adjusted to require CFO approval of large payments.

Purchasing –
● Evaluated that purchases of goods or services are authorized as evidenced by proper review and approval. ERP workflow captures approvals of requisitions.

Accounts Receivable/General Billing for Miscellaneous Revenues – ● Evaluated correctness of general ledger revenue accounts used for recording miscellaneous revenues. ERP utilizes AR charge codes, which simplifies application of payment to correct receivable general ledger and ensures accurate pricing.
● Evaluated timeliness of bill generation for miscellaneous revenues, meaning instances of bills not generated within 30 days of the service provided. This improvement opportunity will be resolved by communicating the results of the Targeted Risk Assessment with the appropriate parties. ● Evaluated timeliness of referral to collections, meaning instances of receivables not being referred to collections timely. This improvement opportunity will be resolved by communicating the results of the Targeted Risk Assessment with the appropriate parties.

General Ledger –
22 ● Evaluated that journal entries are authorized as evidenced by proper review and approval. o ERP workflow captures approvals of journal entries. o ERP limits users to general ledger accounts within their organizational unit. ● Processes for account reconciliations are in a stabilization period post-ERP implementation. ERP users are gaining familiarity with ERP reporting tools and ad hoc queries to efficiently access financial data stored in the ERP.

Ongoing monitoring activities need to be formalized and documented, separate from this evaluation of the system of internal controls. Monitoring activities should be designed to provide a sense of whether the internal controls are functioning effectively.

The results of monitoring activities above will be communicated to the appropriate parties after these preliminary results are discussed with City Management.

FY 23-24 targeted risk assessment

Staff anticipates reporting on the status of the FY 23-24 targeted risk assessment in the fall of 2024 during the City’s annual Risk Assessment Update.

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

There is no financial impact.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on January 9, 2024, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jennifer Hiraoka, Senior Manager Internal Controls

ATTACHMENTS

1. Internal Control Integrated Framework (ICIF) Policies

23 LINKS ‐ Internal Control Integrated Framework (ICIF) policies

1. FPOL 1.01 Adoption of Internal Control Integrated Framework

2. FPOL 1.02 Adoption of Internal Control Oversight Responsibilities

3. FPOL 1.03 Internal Control ‐ Finance and Governance Committee Duties and Responsibilities

4. FPOL 1.04 Assignment of Authority and Responsibility for Achieving Operational, Reporting and Compliance Objectives

5. FPOL 1.05 City Council's Risk Assessment Responsibilities

6. FPOL 1.06 Development and Implementation of Internal Controls

7. FPOL 1.07 Commitment to Transparent and Complete Information and Communication

8. FPOL 1.08 Creation of a Monitoring System
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 1.0 POLICY STATEMENT

1.1.1 The City Council directs the City Manager to develop internal controls that are tailored to the City’s specific structure, risk exposure and resource levels. To the extent resource levels are not adequate to reduce risk in some areas; the Council will reassess its risk tolerance philosophy and provide specific direction to the City Manager.

1.1.2 City practices shall comply with Internal Control - Integrated Framework (ICIF) principles and components related to internal control.

1.1.3 Controls shall be developed that respond to and assure compliance with findings from external and/or internal audits and that consider the outcomes of risk assessments performed in accordance with the City Council’s Risk Assessment Responsibilities Policy (FPOL 1.05).

2.0 SCOPE
The policy covers all of the City of Oxnard’s internal control activities as they relate to the development and implementation of internal controls.

3.0 BACKGROUND
To comply with standards for ICIF principles and components, the City Council recognizes the need to eliminate or reduce risk based on reasonable standards and level of effort. Proper internal controls must be developed and implemented to safeguard assets and ensure the City achieves its operational objectives. The responsibility to develop those controls must be established and evaluated on an ongoing basis.

4.0 DEFINITIONS
City of Oxnard Finance Policy
TITLE

Development and Implementation of Internal Controls PAGE

1 of 2
NUMBER

FPOL 1.06

VERSION

1.0 DOCUMENT OWNER

Donna Ventura

EFFECTIVE DATE

3/16/2021
Term Definition
Internal Control – Integrated
Framework (ICIF)
A system of internal control designed to address three main categories of internal control objectives which are 1.

Operations 2. Reporting and 3. Compliance
Committee of Sponsoring
Organizations (COSO)
A joint initiative of five private sector organizations (American Accounting Association, American Institute of Certified Public Accountants, Financial Executives International, Institute of 43 5.0 ROLES AND RESPONSIBILITIES

CITY OF OXNARD REFERENCES
FPOL 1.01 Adoption of Internal Control – Integrated Framework FPOL 1.02 Adoption of Internal Control Oversight Responsibilities FPOL 1.03 Internal Control – Finance and Governance Committee Duties and Responsibilities FPOL 1.04 Assignment of Authority and Responsibility for Achieving Operational, Reporting, and Compliance Objectives
FPOL 1.05 City Council’s Risk Assessment Responsibilities

6.0 DOCUMENT HISTORY

City of Oxnard Finance Policy
TITLE

Development and Implementation of Internal Controls PAGE

2 of 2
NUMBER

FPOL 1.06

VERSION

1.0 DOCUMENT OWNER

Donna Ventura

EFFECTIVE DATE

3/16/2021
Management Accountants, and the Institute of Internal Auditors) COSO develops frameworks and guidance on enterprise risk management, internal control and fraud deterrence.

Risk Assessment A systematic process of evaluating the potential risks that may be involved in a projected activity or undertaking at all levels.

Risk Tolerance The maximum risk that an organization is willing to accept regarding each relevant activity or event..

Risk Exposure The measure of potential future loss resulting from a specific activity or event.

Role Responsibility
City Council Exercise its oversight duties, to ensure that management selects and develops control activities that contribute to the mitigation of risks to acceptable levels and that management and independent financial auditors monitor compliance with internal control policies and procedures that put policies in place.

City Manager Responsible for carrying out policies along with managing the organization and ensuring accountability for performance of all employees under his or her direction.

Finance and
Governance Committee
(audit committee)
As defined in FPOL 1.03 Internal Control – Finance and Governance Committee Duties and Responsibilities.

Version Summary of Changes Reason for Changes

1.0 New policy New policy
44 City of Oxnard Finance Policy
TITLE
Commitment to Transparent and Complete Information and Communication PAGE
1 of 3
NUMBER
FPOL 1.07

VERSION

1.0 DOCUMENT OWNER
Kevin Riper

EFFECTIVE DATE
6/15/2021

PROCEDURE OWNER
Kevin Riper
TITLE
Chief Financial Officer
(Signature) DATE
5/11/2021

1.0 POLICY STATEMENT

1.1.1 The City Council is committed to providing full and transparent financial information to the public.

1.1.2 The City Council expects management to implement an information and communications framework that supports operational, reporting and compliance objectives. The products of the City’s information and communication systems are expected to be of sufficient quality and usefulness to enable the successful implementation of the Internal Control – Integrated Framework (ICIF) and provide reasonable assurance to the Council that its goals and the City’s operating, reporting and compliance objectives will be achieved.

1.1.3 The City Council directs the City Manager to implement the necessary communications protocols and information sharing processes within the organization and to elected officials and the public.

1.1.4 The City’s business communications shall conform to the standards established by the City Council through policies documented in the Personnel Rules and Regulations and the City’s Administrative Manual.

1.1.5 Elected and appointed officials and all employees shall demonstrate ethical behavior, competence, courtesy and respect in daily actions.

2.0 SCOPE
The policy applies to the City of Oxnard organization and benefits the City of Oxnard community by creating standards and expectations for information and communication based on ethical practices, competency and accountability that require courtesy and respect consistent with the City’s Personnel Rules and Regulations.

3.0 BACKGROUND

3.1.1. The City Council recognizes the importance of effective, accurate and comprehensive financial information for informed decision making. The community and the City organization expect the City Council to provide policy leadership supportive of ongoing and transparent commu nication regarding the City’s financial health and long -term sustainability. Failure to identify and address financial reporting and compliance issues can 45 City of Oxnard Finance Policy
TITLE

Commitment to Transparent and Complete Information and Communication PAGE

2 of 3
NUMBER

FPOL 1.07

VERSION

1.0 DOCUMENT OWNER

Kevin Riper

EFFECTIVE DATE

6/15/2021

result in significant financial losses, create potential liabilities, or force unplanned use of resources.

Information and communication is critical to implement the ICIF and to achieve the City’s strategic goals. Timely and accurate information is critical to the City’s ability to adapt to changes in law, to effectively implement the ICIF, and ensure compliance with governmental accounting standards. This requires leadership and a culture that encourages trust, and values open and honest communication. Effective communication based on courtesy and respect is expected of all elected officials, employe es and managers.

4.0 DEFINITIONS
Term Definition
Transparent Easy to perceive or detect.

Internal Control – Integrated
Framework (ICIF)
A system of internal control designed to address three main categories of internal control objectives which are 1.

Operations 2. Reporting and 3. Compliance.

5.0 ROLES AND RESPONSIBILITIES

Role Responsibility
City Council Exercise its oversight duties , working with the City Manager, City Attorney and other officials , to obtain and use relevant, quality information to support the functioning of internal control.

Finance and
Governance Committee
(audit committee)
As defined in FPOL 1.03 Internal Control – Finance and Governance Committee Duties and Responsibilities as it relates to the Finance and Governance Committee’s responsibilities.

City Manager Responsible for carrying out policies along with managing the organization and ensuring accountability for performance of all employees under his or her direction.

Commitment to Transparent and Complete Information and Communication PAGE

3 of 3
NUMBER

FPOL 1.07

VERSION

1.0 DOCUMENT OWNER

Kevin Riper

EFFECTIVE DATE

6/15/2021

FPOL 1.05 City Council’s Risk Assessment Responsibilities FPOL 1.06 Development and Implementation of Internal Controls

6.0 DOCUMENT HISTORY

Version Summary of Changes Reason for Changes

1.0 New policy New policy

47 City of Oxnard Finance Policy
TITLE

Creation of a Monitoring System
PAGE

1 of 2
NUMBER

FPOL 1.08

VERSION

1.0 DOCUMENT OWNER

Jennifer Hiraoka

EFFECTIVE DATE

12/21/2021

PROCEDURE OWNER

Jennifer Hiraoka
TITLE

Sr. Mgr, Internal Controls
(Signature) DATE

11/23/2021

1.0 POLICY STATEMENT

1.1.1 The Council directs that the City Manager implement a monitoring system for internal control activities. The monitoring system shall be one that gives the community, City Council, employees and other stakeholder’s reasonable assurance that the City is adhering to Internal Control – Integrated Framework (ICIF) principles and is achieving operating, reporting, and compliance objectives.

1.1.2 The City Manager shall report to the City Council the results of any evaluations conducted by staff, consultants or auditors about whether the internal controls are effectively designed and operating as intended, no less than annually.

1.1.3 The City Manager shall evaluate and report to the City Council any internal control deficiencies identified as part of the City’s monitoring activities and identify the corrective actions to be taken to cure the deficiencies.

2.0 SCOPE
The policy covers all of the City Oxnard’s monitoring activities as it relates to the monitoring of internal controls.

3.0 BACKGROUND

3.1.1. The City Council recognizes that the ICIF and the City’s internal controls must be monitored regularly and effectively. This requires that components of the internal control system not only exist but are also functioning as designed, any deficiencies are reported to the Council and senior management, and corrective action is taken in a timely manner.

4.0 DEFINITIONS
Term Definition
Internal Control – Integrated
Framework (ICIF)
A system of internal control designed to address three main categories of internal contro l objectives which are 1.

Operations 2. Reporting and 3. Compliance
Monitoring System A set of procedures to o bserve and check the progress or 48 City of Oxnard Finance Policy
TITLE

Creation of a Monitoring System
PAGE

2 of 2
NUMBER

FPOL 1.08

VERSION

1.0 DOCUMENT OWNER

Jennifer Hiraoka

EFFECTIVE DATE

12/21/2021

Term Definition
quality of systems, applications, over a period time; keep under systematic review.

Deficiencies A failing or shortcoming.

Corrective Action Improvements to an organization’s processes taken to eliminate causes of deficiencies so as to prevent recurrence.

5.0 ROLES AND RESPONSIBILITIES

Role Responsibility
City Council Exercise its oversight duties , working with the City Manager, City Attorney and other officials , to select, develop, and perform ongoing and/or separate evaluations to ascertain whether the components of internal control are present and functioning as intended.

City Manager Responsible for carrying out policies along with managing the organization and ensuring accountability for performance of all employees under his or her direction.

CITY OF OXNARD REFERENCES
FPOL 1.01 Adoption of Internal Control – Integrated Framework FPOL 1.02 Adoption of Internal Control Oversight Responsibilities FPOL 1.03 Internal Control – Finance and Governance Committee Duties and Responsibilities FPOL 1.04 Assignment of Authority and Responsibility for Achieving Operational, Reporting and Compliance Objectives
FPOL 1.05 City Council’s Risk Assessment Responsibilities FPOL 1.06 Development and Implementation of Internal Controls FPOL 1.07 Commitment to Transparent and Complete Information and Communication

6.0 DOCUMENT HISTORY

Version Summary of Changes Reason for Changes

1.0 New policy New policy

49 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: February 6, 2024

TO: City Council

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

SUBJECT: Agreement 32400384 with IDS Group, Inc. for Landscape Architecture Services for the Durley Park Improvement Project.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an agreement with IDS Group, Inc. in the amount of $691,379 with a term date of February 7, 2024 through January 31, 2026 for Landscape Architecture Services for the Durley Park Improvement Project (C2333).

BACKGROUND

The Durley Park Improvement Project will enhance a vital park in a disadvantaged community, which will fulfill multiple goals identified in the Oxnard Parks & Recreation Master Plan. These goals include improving the condition of the baseball fields and integrating lighting within the park. Through community engagement, the following items were identified to support a wide range of programming opportunities for Durley Park that include:
• 3 Baseball Fields re-oriented with home plates closest to the center of the park (concession building) • Security & Athletic lighting
• Updated walking track with new lighting
• Exeloo restroom with mural
• Skatepark & Bike pump track at the unused bowl areas in the southwest corner of the park • Adaptive/inclusive play features and support facilities • New Basketball Court
• New LED lighting for all three basketball courts
• Exercise stations along the walking trail
• Water conservation efforts and landscaping
• New Parking Lot along the west side of the park
• Murals on the existing on-site tanks

This project is funded by the Statewide Park Development and Community Revitalization Program (State Parks Program or SPP) competitive grants in the amount of $7,092,300. The intent of the Statewide Park Development and Community Revitalization Program (State Parks Program or SPP) competitive grants is to create new parks and new recreation opportunities in critically underserved communities across California. This was the fourth and final round of SPP grants and included $395.3 million of Proposition 68 funding.

Capital Improvement Program (CIP) Reference:
50 Project No. C2333 – Durley Park Improvements - CIP 2022-2027 - Adopted May 3, 2022 – Page 28.

DISCUSSION

The specific work for this Agreement with IDS Group (“IDS”) includes developing Plans, Specifications, and Estimates (PS&E). Therefore, the following tasks were outlined in the RFP as a guide:

1. Program Management

2. Data Gathering, Site Visit, and Preliminary Investigations

3. Permitting

4. Schematic Design

5. Design Development

6. Final PS&E

7. Operations & Maintenance Plan

8. Bid Phase Services

9. Construction Phase Services

10. Design Charette with Community & Presentation (Alternate)

The Purchasing Department published Request for Proposal (RFP) PW 24-38 for Landscape Architecture Services for the Durley Park Improvement Project on October 6, 2023, with a proposal due date of November 2, 2023. RFP PW 24-38 received one (1) proposal with proposed fees from the following landscape architecture firm:

IDS Group, Inc. $691,379

The proposal was reviewed by three staff members consisting of the Assistant Director of Public Works, Interim City Engineer, and Assistant City Engineer. The scoring criteria consisted of the proposer’s relevant experience, responsiveness, technical competence, past record of similar work, capacity to complete the scope of work, and proposed cost. Staff have also confirmed that IDS Group meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information, research performed to date, and interview with the firm, staff believes that IDS Group is capable of satisfactorily providing the necessary services and recommends awarding the professional services agreement.

The grant submission was in March of 2021, and the City was formally notified of the grant award in December of 2021.

Since the application is almost three years old and the cost of construction has significantly increased over those three years due to inflation, it is uncertain if the grant amount of $7,092,300 will be sufficient to design and construct all of the elements noted above. In consideration of these possible limitations, the design team will be provided direction by City staff to include as many elements as possible, while keeping within the grant amount and retaining key design features and parameters that are conditional with the grant funding. Staff may be required to return to the City Council for consideration of design omissions to stay within the grant amount obtained. If this is necessary, City Staff will provide the City Council with a range of options aimed at keeping the project cost within the grant amount while maximizing, as much as possible, the original feature and design intent of the park as identified by the Oxnard Parks and Recreation Master Plan and community input. It should be noted that a decision not to include park elements that are listed in the grant’s approved scope would require consultation with, and approval by, the grant’s sponsor.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with IDS Group, Inc. shall not exceed $691,379 for the Durley Park Improvement Project. The Durley Park Improvement Project No. C2333, with available project funding of $7,064,300, is being funded from the State Parks Program Prop 68 fund (Fund 210). Pre-construction costs cannot exceed 25% of the grant. The 51 current estimated amount of pre-construction costs in the grant is $1,453,500, with a maximum amount of $1,773,075 (25% of $7,078,300). As such, there are sufficient grant funds to award this design agreement. It should be noted that Public Works staff will also be charging pre-construction work to this grant for oversight of the design phase.

For Finance Use Only: State Grant Fund (Org. 2101001 Obj 59800); Capital Outlay Fund (Org. 3013301 Obj. 49300/53200) Project C2333

COMMITTEE OUTCOME

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

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32400384 IDS Durley Park

2. Concept level site plan

52 CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND IDS GROUP, INC
By This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxn
ard (“CITY”) agrees to engage the services of IDS Group, Inc. (“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 individual ly referred to as “Party” or collectively as the “Parties.”

1. Reserved

2. SUMM
ARY DESCRIPTION OF SERVICES.

Landscape Architecture Services for the Durley Park Improvement Project

3. PARTI
ES.

CITY
of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 IDS Gro
up, Inc (“CONSULTANT”), a corporation of the State of California, located at 1 Peters Canyon Rd, Suite 130, Irvine, California, 92606

4. TER
M OF AGREEMENT: From (Date): Feb 7, 2024 To (Date): Jan 31, 2026

4.1 Tim
e is of the essence in this Agreement.

4.2 This
Agreement does not have any options to extend.

4.3 Any Opt
ional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 11 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with S ection 20 of this Agreement.

4.4 All
services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

Agreement No. 32400384
1 of 92
53 5. AG
REEMENT AMOUNT NOT TO EXCEED: $ 691,379.00.
6 . AGREEMENT EXHIBITS.

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

E
xhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: State Funding / Grant Requirements Rider
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
7 . DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Michael Wolfe Name: Said Hilmy
Title: Director of Public Works Title: Principal Phone: Phone: 949-387-8500 ext 116
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
8 . CONTRACTUAL PREREQUISITES.

8.1 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.

8.2 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.

8.3 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.

Agreement No. 32400384
2 of 92
54 8.4 Al
l proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

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

9. CONSULTANT'S SERVICES.

9.1 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.

9.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

10. COMPENSATION.

CITY shall pay CONSULTANT for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 1 3 of this Agreement, and may be subject to approval by the City Council.

11. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) 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.

11.1 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].

11.2 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 Agreement No. 32400384
3 of 92
55 fi
scal 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.

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

11.4 CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the 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.

12. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its disc retion 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 , then this Agreement shall not be extended.

13. MODIFICATION OF AGREEMENT.

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

14. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 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 Agreement No. 32400384
4 of 92
56 by l
aw. 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.

15. STATE FUNDING/GRANT REQUIREMENTS RIDER

The Request for Proposal for this Project stated that the work associated with the Project will be funded in whole or in part the with grant funding from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018. Attached as Exhibit “D” is the State Grant Funding Requirements and is incorporated by this reference as though fully set forth herein. Consultant shall comply with all requirements and provisions in Exhibit “D”.

16. INDEPENDENT CONTRACTOR

CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its employees or agents shall have control over the conduct of CONSULTANT or any of its employees, except as stated in this Agreement.

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

CONSULTANT and its employees, subconsultants, 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, subconsultants, or employees are in any manner agents, subconsultants, or employees of CITY.

17. LAWFUL PERFORMANCE.

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

Agreement No. 32400384
5 of 92
57 18
. SAFETY REQUIREMENTS.

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

19. STANDARD OF PERFORMANCE; WARRANTY

19.1 Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or his designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the Consultant agrees that it:

(1) Has thoroughly reviewed and considered the services and work to be performed;
(2) Has reviewed the issues regarding the scope of services to be provided; (3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

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

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

Agreement No. 32400384
6 of 92
58 20.

1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. 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.

20.2. 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.

20.3. 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 CI TY, unless otherwise agreed.

20.4. 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.

20.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secret s” (see Government Code Section 7924.510(f)) 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 7920.515.

20.6. 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 Agreement No. 32400384
7 of 92
59 by t
he 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.

20.7. 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.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22. NOTICE.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. 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.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fu llest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, (but not including the City’s construction contractors or other consultants) and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

Agreement No. 32400384
8 of 92
60 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 the claim in any form or at any stage of an action or proceeding, whether or not liability is established. If it is finally adjudicated that liability was caused by the negligence or 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 Subsection a 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 City 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 b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees, or any other party for whom Consultant is not legally liable.

23.4 The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to t his Agreement. The hold harmless and indemnification provisions of Section 23, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

23.5 The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

23.6 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 Agreement No. 32400384
9 of 92
61 by r
eason 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 representativ es, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer -employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

26. PREVAILING WAGE REQUIREMENTS.

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

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

Agreement No. 32400384
10 of 92
62 26.2
. Compliance with California Department of Industrial Relations (DIR).

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

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

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

27. IRAN CONTRACTING ACT

[RESERVED]

28. CON

FLICT OF INTEREST

CONSULTANT covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with t he 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. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.

CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

Agreement No. 32400384
11 of 92
63 30. DI
SPUTES.

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

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

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet i n 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. ASSIGNMENT.

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

33. CARE OF WORK

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any s ervices, except at Consultant's risk, until written instructions are received from the Project Manager.

34. REPORTS
Agreement No. 32400384
12 of 92
64 U
pon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

35. 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 CITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement.

Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement 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 responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

36. ADVERTISING AND PUBLICITY

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

37. NONDISCRIMINATORY EMPLOYMENT.

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

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

38. COVENANTS AND CONDITIONS.

Agreement No. 32400384
13 of 92
65 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.

39. WAIVER.

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

40. FORCE MAJEURE.

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

41. GOVERNING LAW.

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

42. SEVERABILITY.

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

43. INTEGRATED AGREEMENT.

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

44. NO THIRD-PARTY BENEFICIARY.

Agreement No. 32400384
14 of 92
66 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.

45. AUTHORITY TO EXECUTE.

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

46. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic 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.

47. INCONSISTENT OR CONFLICTING TERMS.

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

48. CAPTIONS AND HEADINGS.

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

49. ACKNOWLEDGEMENT.

Agreement No. 32400384
15 of 92
67 By
signing below, CONSULTANT acknowledges that it has reviewed the CITY’s CONSULTANT/Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance.

[Signatures on next page]

Agreement No. 32400384
16 of 92
68 In witn
ess whereof, the Parties have entered into this Agreement effective on the date as written in section 4 and upon signature of all Parties.

CITY OF OXNARD IDS GROUP, INC

☐John C. Zaragoza, Mayor1 Date Said Hilmy, President Date ☐Jennifer Yates, Purchasing Manager2

Rami Elhassan, Secretary 3 Date

ATTEST:

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

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower -level managers);
or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

Agreement No. 32400384
17 of 92
69 EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and IDS GROUP, INC)

SCOPE OF SERVICES

This work includes the design, specifications, and bid documents as well as an Operations & Maintenance Manual for the Durley Park Improvement Project (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 regular Project progress meetings 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 Project. 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 two (2) hours for the kick -off meeting with staff members.

3. Progress Meetings. Consultant shall
plan to attend eight (8) monthly meetings at the City for the duration of the project. As part of the effort, the Consultant is responsible for developing meeting information and agenda prior to the meeting, as well as providing the meeting minutes that include a complete action tracking log within three (3) business days following the meeting. The Consultant shall assume two (2) hours for each meeting.

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

5. Project Communication. Consultant shal
l develop a communications protocol to be followed by all team members to be submitted within two (2) week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.

6. Project Coordination. Consultant sh
all coordinate all of the services of sub- consultants including site visits, site inspections, and shall ensure coordination with the City operations and engineering staff, as well as other interested parties as outlined by the City. Consultant shall assume that a Schematic Design and Final Design presentation to the Parks, Recreation, & Community Services Commission will be necessary.

Agreement No. 32400384
18 of 92
70 7. Qu
ality Assurance and Qual ity 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 who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

8. Monthly Invoicing. The Consultant
shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City that are reflective of project progress. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City.

Invoices shall be delivered electronically to the Project Manager and to [email protected].

Task 2: Data Gathering, Site Visit, 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:
● The City’s Parks and Recreation Master Plan. Durley Park is listed in the current City Parks and Recreation Master Plan at Oxnard-Parks-Rec-Master-Plan_1-27-2021_FINAL-hr-1.pdf ● Durley Park Master Plan (Exhibit 5)
● Durley Park Quitclaim Deed by and between the City and Ventura County ● Regulatory/ code and permitting requirements
● CEQA compliance
● Geotechnical investigation, including soil analysis as needed ● Survey, mapping and utility investigation

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, at a minimum, the following:

1. Ventura County Air Pollution Control District.

2. Ventura County Environmental Health Department.

3. City of Oxnard Community Development Department (CDD). a. 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. i. The Consultant shall be responsible for all CEQA documentation and shall incorporate any mitigation required by an environmental determination into the facility design.
ii. The Consultant shall be responsible for presenting at the Planning Commission and preparing presentation materials as necessary.
b. CDD will require the project to be submitted through their Development Advisory Committee (DAC) which provides a coordinated review of development proposals with Agreement No. 32400384
19 of 92
71 regar
d to the City Code, goals, policies, and standards. The goal of DAC is to expedite projects through the planning process.
i. The initial submittal will consist of the Final Schematic Design. ii. Subsequent submittals to DAC will include 70% and 100% Design Development level plans.

4. All 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 permit approvals for all required permits. The City will provide payment for all permit fees.

Task 4: Schematic Design

This phase of work will generate a refined site design for the project through an iterative process. With the information gathered during the data collection process, create a design for the project, including, but not limited to:

1. Prepare design study alternatives for areas

2. Refine the concept to a final Schematic Design
• Assume three (3) iterations total to get to final Schematic Design.

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. Cost estimating

Deliverable
Schematic design package shall include three (3) hardcopies of schematic plans, renderings, and palettes along with electronic versions.

Task 5: Design Development

Upon Project Team approval and acceptance of the Schematic Design and cost, Consultant will commence with Design Development. This phase of work shall refine the design and identify all key construction systems, materials, and critical coordination issues. 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.

Tasks will include:

Agreement No. 32400384
20 of 92
72 1. Dev
elop the design to describe the character and construction method for all of the key construction and landscape elements

2. Detailed documentation of all elements within the scope of work, 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

3. Select 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. Cost estimating

8. Coordination of documents with specialist subcontractors, for example, for the bike and skateboard pump track details, mural details, etc.

9. Prepare drawings and data in AutoCAD 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. Include all elements described in the grant agreement and associated documents

13. 100% Design Development Plans (70% Construction Documents)

14. 100% Design Development Details

15. 100% Design Development Outline Specifications

16. 100% Design Development Cost Estimate

17. Meetings with Project Team

18. Coordinate CEQA Compliance Documentation

Deliverable
Design development package shall include three (3) hardcopies of 24” x 36” plans and specifications along with electronic versions.

Task 6: Final PS&E

1. 90% Design: Drawings and s
pecifications 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 90% design phase, drawings and specifications shall be complete. The following tasks are to be completed:
• Demolition plans and details
• Architec
tural drawings and details
• Landscape architectural drawings and details
• Civil drawings and details (grading and public improvements) • Structural drawings and details
• Mechanical drawings and details
• Electrical drawings (equipment, instrumentation) and details • Instrumentation and control drawings
• Complete Specifications
• Construction cost estimate
Agreement No. 32400384
21 of 92
73 • I
ncorporation of all plan check comments from permitting authorities into the Final Design Submittal.

Deliverable
90% design package shall include three (3) hardcopies of 24” x 36” plans and specifications along with electronic versions.

2. 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:
• Production of final architectural and engineering drawings • Production o
f final architectural and engineering specifications
• The Consultant shall prepare an estimate of probable construction cost for the 100% design package. The cost estimate shall be transmitted along with the final 100% design package.

Deliverable

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 24” x 3 6” drawings, four (4) sets of specifications, and an electronic copy in PDF format of the final design package for bid purposes. All drawings shall be prepared using a version of AutoCAD 2018 or later and .dwg files be delivered to the City as part of the final submittal.

Task 7: 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

Agreement No. 32400384
22 of 92
74 The dr
aft O&M man ual shall be electronic only and shall be submitted along with Task 4 - Schematic Design. The final O&M manual shall include three (3) hardcopies along with electronic versions and shall be submitted along with Task 6 - Final PS&E.

Task 8: Bid Phase Services

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

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

1. 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.

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

Task 9: Construction Phase Services

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

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

2. Project Progress Meetings: Attendance and participation in the Monthly 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 a twelve month duration for the construction phase.

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

5. Project Close-out: The Consult
ant shall assist in the development of Project punch lists and coordinate the delivery of all Project-related documentation.

6. Record Drawings: The Consultant shall prepare a record drawing set based on the red-line drawings submitted by the construction contractor. The record drawings shall be prepared using a version of AutoCAD 2018 or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red-line drawings. Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats. In addition, the Consultant shall submit three (3) hard copies of the record drawings on 24” x 36” bond paper.

Agreement No. 32400384
23 of 92
75 Task 10: Design Char
ette/Community Engagement/Project Renderings and Presentation (Alternate)
This is an alterna
te phase of work will provide for interactive community engagement, presentations and project renderings to inform the design portion of the project, including, but not limited to:

1. Community design charettes, led by the consultant team, to engage and inform the community of the project’s design goals, in the context of the approved project grant scope. Two (2) community meetings are contemplated by this task.

2. Develop 3D renderings of the project with associated design features, a minimum of three (3) such renderings shall be provided to depict the project from various vantage points to be determined by the City in consultation with the design team.

3. Coordination with City staff stakeholders as needed for design development, review, and discussion
Agreement No. 32400384
24 of 92
76 EXHIBIT B

CONSULTANT/PROF

ESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and IDS GROUP, INC)

SCHEDULE OF COMP

ENSATION
See Next Page
Agreement No. 32400384
25 of 92
77 City of Oxnard
Landscape Architectural Services for Durley Park Improvement Project

FEE PROPOSAL
1/18/2024
Staff Allocations per Discipline:

Role/Classifications: Hours Fees Principal Overall PM Sr. Land Arch CAD Sr. Eng. Pr. Eng CAD Sr. Eng. Pr. Eng CAD Sr. Eng. P r. Eng CAD Pr. Eng CAD Sr. Eng. Pr. Eng CAD Sr Est. Geo Eng Muralist Skate Park
Bump Track Survey Environ. &
Haz Mat
Hourly Rate: 222$ 208$ 171$ 107$ Hrs Fees 190$ 165$ 107$ H rs Fees 190$ 165$ 107$ Hrs Fees 190$ 165$ 112$ Hrs Fees 158$ 107$ Hrs Fees 171$ 158$ 107$ Hrs Fees 158$ Hrs Fees Task 1: Program Management (Tasks 1-7 11 months) 46 $8,932 $7,488 $0 $0 $760 $0 $684 $0 $7,500 Project Kick Off Meeting 16 $2,960 4 4 8 $1,516 0 $0 0 $0 4 4 $760 0 $0 4 4 $684 0 $0 Progress Meetings (8 monthly) 22 $4,456 2 16 4 22 $4,456 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Develop Communications Protocol & QA/QC Plan 8 $1,516 4 4 8 $1,516 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Task 2: Data Gathering, Site Visit & Prelim. Investigations 219 $32,620 $20,608 $0 $0 $1,768 $0 $10,244 $0 $45,459 Records Research 42 $6,128 2 16 18 $3,152 0 $0 0 $0 0 $0 0 $0 8 16 24 $2,976 0 $0 Programming & Preliminary Conceptual Ideas Board 73 $10,644 1 4 24 24 53 $7,726 0 $0 0 $0 4 2 6 $884 0 $0 2 8 4 14 $2,034 0 $0 Geotechnical Investigations 36 $5,546 4 8 4 16 $2,628 0 $0 0 $0 4 2 6 $884 0 $0 2 8 4 14 $2,034 0 $0 $26,511 Survey, Mapping & Utility Investigation 36 $5,180 2 16 4 22 $3,580 0 $0 0 $0 0 $0 0 $0 2 12 14 $1,600 0 $0 $15,000 Client/Stakeholder Review (3 weeks) 32 $5,122 12 6 18 $3,522 0 $0 0 $0 0 $0 0 $0 2 12 14 $1,600 0 $0 Task 3: Permit Plan 93 $14,212 $10,610 $0 $0 $884 $0 $2,718 $0 $12,250 Develop a Permit Plan 73 $10,644 1 4 24 24 53 $7,726 0 $0 0 $0 4 2 6 $884 0 $0 2 8 4 14 $2,034 0 $0 Client/Stakeholder Review (2 weeks) 20 $3,568 4 12 16 $2,884 0 $0 0 $0 0 $0 0 $0 4 4 $684 0 $0 Task 4: Schematic Design 522 $81,862 $50,772 $3,882 $1,938 $7,248 $0 $18,022 $0 $13,416 Develo
p an Opportunities and Constraints Evaluation 72 $10,422 4 24 24 52 $7,504 0 $0 0 $0 4 2 6 $884 0 $0 2 8 4 14 $2,034 0 $0 Creative Design Meeting with Client 20 $3,568 4 12 16 $2,884 0 $0 0 $0 0 $0 0 $0 4 4 $684 0 $0 Design study and Alternatives including Materials &
Components 72 $10,422 4 24 24 52 $7,504 0 $0 0 $0 4 2 6 $884 0 $0 2 8 4 14 $2,034 0 $0 3 SD Iterations including Plant Materials List & Renderings (3 plan view and 3-3D) 189 $26,098 1 16 48 80
145 $20,318 0 $0 0 $0 0 $0 0 $0 4 16 24 44 $5,780 0 $0
Presentation Client/Stakeholder Review 12 $2,348 8 8 $1,664 0 $0 0 $0 0 $0 0 $0 4 4 $684 0 $0 Layout with Building Locations and Ballfields 16 $6,618 16 16 $2,736 1 12 16 29 $3,882 0 $0 0 $0 0 $0 0 $0 0 $0 Planting & Irrigation Low Water Use 28 $4,936 4 24 28 $4,936 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Lighting Options and Fixture Options 49 $8,102 4 4 $684 0 $0 1 8 4 13 $1,938 8 24 32 $5,480 0 $0 0 $0 0 $0 Stormwater Infiltration and Permeable Surfaces 48 $6,464 4 4 $684 0 $0 0 $0 0 $0 0 $0 4 16 24 44 $5,780 0 $0 Estimate of Probable Construction Cost 4 $684 2 2 $342 0 $0 0 $0 0 $0 0 $0 2 2 $342 0 $0 Client/Stakeholder Review (3 weeks) 12 $2,200 4 4 8 $1,516 0 $0 0 $0 0 $0 0 $0 4 4 $684 0 $0 Task 5: Design Development 423 $64,471 $35,357 $1,938 $1,938 $6,034 $0 $19,204 $0 $13,416 Design Development Character, Materials & Components
Submission and Review Meeting
54 $7,458 2 4 6 24 36 $4,870 0 $0 0 $0 2 2 4 $554 0 $0 2 8 4 14 $2,034 0 $0 Civil & Grading Design 36 $4,464 0 $0 0 $0 0 $0 0 $0 0 $0 12 24 36 $4,464 0 $0 ADA Compliant Hardscape Design 32 $4,418 2 6 8 $1,442 0 $0 0 $0 0 $0 0 $0 8 16 24 $2,976 0 $0 Skate Board & Pump Track Design 12 $2,200 4 8 12 $2,200 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $24,200 Perspective 3D renderings 48 $5,648 8 40 48 $5,648 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Materials Samples and Discussion with Client 21 $2,934 3 6 12 21 $2,934 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $15,000 Demonstrate Conformance with Grant Document 5 $892 1 4 5 $892 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Estimate of Probable Construction Cost 10 $1,832 4 4 8 $1,516 0 $0 0 $0 0 $0 0 $0 2 2 $316 0 $0 Design Development Plans, Details & Specs 186 $31,134 1 16 48 16 81 $13,470 1 8 4 13 $1,938 1 8 4 13 $1,938 8 24 32 $5,480 0 $0 4 32 24 60 $8,308 0 $0 CEQA Compliance Document Submittal 8 $1,464 4 4 $832 0 $0 0 $0 0 $0 0 $0 4 4 $632 0 $0 $14,668 Client/Stakeholder Presentation 9 $1,611 3 3 6 $1,137 0 $0 0 $0 0 $0 0 $0 3 3 $474 0 $0 Client/Stakeholder Review (3 weeks) 2 $416 2 2 $416 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Task 6: Final Construction Plans, Specifications & Estimates (PS&E)
772 $122,067 $48,402 $11,958 $9,104 $12,345 $6,176 $26,498 $7,584 90% PS&E 120 $17,
385 1 8 16 16 41 $6,334 0 $0 2 12 4 18 $2,788 3 6 9 $1,167 0 $0 8 20 24 52 $7,096 0 $0 Title Sheet, Notes, Demo Plans 56 $7,906 2 12 16 30 $4,180 0 $0 0 $0 0 $0 0 $0 2 16 8 26 $3,726 0 $0 Architectural Plans (prefab restroom) 66 $16,788 6 6 $1,026 2 24 32 58 $7,764 6 4 10 $1,418 12 20 32 $4,220 6 10 16 $2,018 2 2 $342 0 $0 Landscape Architectural Plans (hardscape, planting,
irrigation, ball fields) 44 $6,648 4 24 16
44 $6,648 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0
Civil (grading, drainage, WQMP, Stormwater) 70 $9,172 2 4 6 $1,100 0 $0 0 $0 0 $0 0 $0 24 40 64 $8,072 0 $0 Structural 14 $2,176 2 2 4 $758 0 $0 6 4 10 $1,418 0 $0 0 $0 0 $0 0 $0 Mechanical 34 $4,274 2 2 4 $758 0 $0 0 $0 0 $0 6 24 30 $3,516 0 $0 0 $0 Electrical 38 $5,120 2 6 8 $1,442 0 $0 0 $0 6 24 30 $3,678 0 $0 0 $0 0 $0 Specifications & Special Provisions 62 $10,634 2 24 26 $4,520 16 16 $1,712 4 4 $428 8 8 $896 6 6 $642 8 8 $856 10 10 $1,580 Estimate of Probable Construction Cost 5 $892 1 4 5 $892 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Submit 90% documents (Permit Set) (3 hard copies 24x36) 19 $2,936 1 4 6 8 19 $2,936 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $21,500 Client/Stakeholder Review (3 weeks) 16 $2,884 4 12 16 $2,884 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Respond to comments 32 $4,594 4 4 6 14 $2,158 0 $0 0 $0 0 $0 0 $0 4 8 12 $1,488 6 6 $948 100% PS&E 125 $19,254 1 8 16 24 49 $7,190 1 6 4 11 $1,608 2 6 4 12 $1,798 2 4 12 18 $2,384 0 $0 2 8 20 30 $3,746 16 16 $2,528 Estimate of Probable Construction Costs 17 $2,608 2 2 4 $758 0 $0 0 $0 0 $0 0 $0 1 4 5 $586 8 8 $1,264 Final PS&E 54 $8,796 1 4 12 16 33 $4,818 4 2 6 $874 2 4 2 8 $1,254 0 $0 0 $0 1 4 5 $586 8 8 $1,264 Subtotal Subtotal Subtotal Subtotal SubtotalSubtotalSubtotal Additional Support ServicesTOTAL Landscape Architecture Structural Electrical Mechanical/Plumbing EstimationCivil EngineeringArchitectural 1 Agreement No. 32400384
26 of 92
78 City of Oxnard
Landscape Architectural Services for Durley Park Improvement Project

FEE PROPOSAL
1/18/2024
Task 7: Operations & Maintenance Plan 148 $24,779 $11,132 $825 $990 $990 $948 $7,998 $1,896 $6,250 Preliminary
O&M Plan 66 $11,517 4 24 28 $4,936 3 3 $495 4 4 $660 4 4 $660 4 4 $632 2 24 26 $4,134 0 $0 Presentation Client/Stakeholder Review (3 weeks) 24 $3,080 4 4 8 $1,112 0 $0 0 $0 0 $0 0 $0 4 12 16 $1,968 0 $0 Final O&M Plan 34 $6,086 4 12 16 $2,884 2 2 $330 2 2 $330 2 2 $330 2 2 $316 12 12 $1,896 0 $0 Presentation Client/Stakeholder Review 6 $1,100 2 4 6 $1,100 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 O&M Cost Estimate - Annual & Periodic 18 $2,996 2 4 6 $1,100 0 $0 0 $0 0 $0 0 $0 0 $0 12 12 $1,896 Task 8: Bid Phase Services 80 $13,816 $8,248 $660 $660 $660 $632 $2,956 $0 $6,250 Attend a
nd Document the Pre-bid Meeting 8 $1,316 4 4 $684 0 $0 0 $0 0 $0 0 $0 4 4 $632 0 $0 Response to RFIs 48 $8,100 16 4 20 $3,164 4 4 $660 4 4 $660 4 4 $660 4 4 $632 12 4 16 $2,324 0 $0 Prepare Conformed Set of Contract Docs 16 $2,884 4 12 16 $2,884 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Review of Bids 8 $1,516 4 4 8 $1,516 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Task 9: Construction Phase Services (12 months) 278 $45,744 $32,038 $1,650 $0 $660 $0 $11,396 $0 $5,000 Precons
truction Meeting 12 $2,148 4 4 8 $1,516 0 $0 0 $0 0 $0 0 $0 4 4 $632 0 $0 Progress Meetings (monthly) 3 hrs / meeting 52 $8,884 4 36 40 $6,988 0 $0 0 $0 0 $0 0 $0 12 12 $1,896 0 $0 Submittal review (20) 3 hrs each 25% +1.5 hrs 70 $13,130 2 50 52 $8,966 8 8 $1,320 0 $0 0 $0 0 $0 18 18 $2,844 0 $0 Change Order Review (3) 8 hrs each 28 $4,780 4 12 16 $2,884 0 $0 0 $0 0 $0 0 $0 12 12 $1,896 0 $0 Project Close Out 40 $7,162 4 24 28 $4,936 2 2 $330 0 $0 0 $0 0 $0 12 12 $1,896 0 $0 Record Drawings (redlines from contractor) 76 $9,640 2 12 40 54 $6,748 0 $0 0 $0 4 4 $660 0 $0 6 12 18 $2,232 0 $0 * Task 10: Design Charette with Community & Presentation (Alternate) 278 $59,956 $36,332 $13,365 $0 $0 $0 $8,205 $2,054 $0 $0 $0 $0 $0 Communi
ty Design Charette #1 71 $15,486 8 28 10 10 56 $10,380 8 6 9 23 $3,045 0 $0 0 $0 0 $0 6 6 3 15 $2,061 0 $0 3D Renderings and Presentation Preparation 107 $22,980 16 30 10 20 76 $13,642 10 20 10 40 $5,160 0 $0 0 $0 0 $0 6 10 8 24 $3,072 7 7 $1,106 Community Design Presentation & Charette #2 100 $21,490 10 30 10 20 70 $12,310 10 20 10 40 $5,160 0 $0 0 $0 0 $0 6 10 8 24 $3,072 6 6 $948 Total Reimbursible Costs $4,000 $6,250
TOTAL IDS - Hours 2,581 $468,459 46 322 777 476 1,621 $260,987 33 119 103 255 $34,278 8 60 30 98 $14,630 22 109 82 213 $31,349 22 40 62 $7,756 84 369 339 792 $107,925 73 73 $11,534 Subconsultant Costs $218,920
TOTAL Project Proposal $691,379 $26,511 $15,000 $45,700 $15,000 $116,709 2 Agreement No. 32400384
27 of 92
79 EXHIBIT C

CONSULTANT/PROF

ESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS GROUP, INC)

INSURANCE REQUIREME
NTS
Prior to contra
ct approval, CONSULTANT/ CONSULTANT/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 REQUIRE

MENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shal
l obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial
General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business autom
obile 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 l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional
liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compe
nsation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shal
l, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

5. The coverages p
rovided 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 Agreement No. 32400384
28 of 92
80 which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. 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.
1/24
Agreement No. 32400384
29 of 92
81 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates o
f Insurance
The sample accord f
orm on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy.

Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsemen
t Forms
Original endorse
ments 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. 32400384
30 of 92
82 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

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

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

CODE SUB -CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN

UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

DISEASE-EACH EMPLOYEE
$1,000,000

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

CITY OF OXNARD
℅ 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. 1/24 INS-A.doc
Agreement No. 32400384
31 of 92
83 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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of 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. 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 r espect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failur e 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 att ached.

ENDORSEMENT HOLDER

CITY OF OXNAR
D ℅ 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 compan y to this endorsement.

Signature
(original sig nature required)
Telephone: ( ) Date Signed:

Rev. 1/24 INS-A.
doc
Agreement No. 32400384
32 of 92
84 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.:

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

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

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

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

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 t he City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respe cts 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 of ficers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

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

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

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

Signature
(original signatur e required)
Telephone: ( ) Date Signed
Rev. 1/24 INS-A.doc
Agreement No. 32400384
33 of 92
85 EXHIBIT D

CONSULTANT/PROF

ESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS GROUP, INC)

STATE FUNDING/GRANT REQUIREMENTS
See Next Page
Agreement No. 32400384
34 of 92
86 Grant Administration Guide
for the
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018

COMPETITIVE GRANT PROGRAMS
September 2020
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send correspondence to:

Street Address for Overnight Mail:

Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Mailing Address:

Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: http://www.parks.ca.gov/grants
Agreement No. 32400384
35 of 92
87 STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all.

The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
 A leader among park and recreation professionals.
 Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
 Honest, knowledgeable and experienced grant administration facilitators.  Sensitive to local concerns while mindful of prevailing laws, rules and regulations.  Perceptive to opportunities for partnerships, growth and renewal where few existed before.
 Committed to providing quality customer service in every interaction and transaction.
 Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees.

Agreement No. 32400384
36 of 92
88 TABLE OF CONTENTS
GRANT PROCESS ............................................................................................................ 2 Projects Involving Acquisition ............................................................................................. 3 Eligible Acquisition Costs ................................................................................................... 3 Development Projects ........................................................................................................ 4 Eligible Development Costs ............................................................................................... 4 Funding Sources Form ....................................................................................................... 6 CEQA Compliance Certification ......................................................................................... 7 SPECIAL REQUIREMENTS .............................................................................................. 8 Greenhouse Gas Emissions Reduction and Carbon Sequestration. .................................. 8 Status Report ..................................................................................................................... 9 Bond Act Sign .................................................................................................................. 11 Deed Restriction .............................................................................................................. 12 Three-Bid Process ........................................................................................................... 16 Fidelity Bond .................................................................................................................... 17 GRANT PAYMENTS ....................................................................................................... 18 Rural Recreation Tourism Match ..................................................................................... 19 Payment Request Form ................................................................................................... 21 Grant Expenditure Form ................................................................................................... 22 Project Completion Packet ............................................................................................... 23 COMPETITIVE GRANT PROGRAM CONTRACT .......................................................... 28 ACCOUNTING AND AUDITS .......................................................................................... 35 Accounting Requirements ................................................................................................ 35 Audit Checklist ................................................................................................................. 36 Definitions ....................................................................................................................... 37 Words and terms shown in SMALL CAPS are found in the definitions section.

Agreement No. 32400384
37 of 92
89 2
Background
This guide provides grant administration procedures and requirements for competitive projects funded by Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access For All Act of 2018. OGALS retains the right to waive requirements not mandated by statute.

Grant Process

1. Applicants receive a letter from OGALS indicating an application has been selected for funding.

2. Applicants attend a mandatory grant administration workshop.

3. If applicable, applicant fulfills any unmet application requirements.

4. OGALS sends a contract to the applicant:
a. The CONTRACT section, beginning on page 28, includes a sample contract. b. The applicant returns the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS within 60 days of receipt.
c. OGALS returns a copy of the fully executed contract, at which point the applicant becomes a GRANTEE.

5. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. The GRANT payments section, beginning on page 18, provides payment request instructions and forms.
 The GRANTEE completes PROJECT no later than December 31, of the year before the GRANT liquidation date as shown on the contract.
 The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than March 31, of the year the GRANT liquidates.
 OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS by conducting a site inspection.

6. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 35, provides directions and an Audit Checklist for DPR audit and accounting requirements.

Agreement No. 32400384
38 of 92
90 3
Projects Involving Acquisition
Acquisition Rules

1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.

2. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc., are considered pre-construction costs, which are limited to 25% of the GRANT.

3. The GRANTEE must record a deed restriction on the property after the acquisition is complete.

4. GRANTEE must provide title insurance.

Acquisition Documentation
For each parcel to be acquired, submit the following documents:

1. An appraisal conducted within the last twelve months.

2. A separate letter from an independent third party, AG-rated appraiser, certified by the California Office of Real Estate Appraisers, stating the appraisal was reviewed, and was completed using acceptable methods.

For easement acquisitions, in addition to the requirements above, provide:

3. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.

For relocation costs, in addition to the requirements above, provide:

4. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §§7260-7277.

Eligible Acquisition Costs
 IN-HOUSE EMPLOYEE SERVICES – see accounting rules for more information (page 35)  GRANT/PROJECT administration and accounting
 Public meetings/focus groups/design workshop
 Appraisals, escrow fees, surveying, other costs associated with acquisition  Cost of land
Ineligible Acquisition Costs – Cannot be charged to the GRANT  Costs incurred outside the GRANT performance period
 Cost for land acquired through eminent domain or condemnation  Acquisitions where purchase price is greater than appraised value  Costs to fulfill any mitigation requirements imposed by law (PRC §80020) Agreement No. 32400384
39 of 92
91 4
Development Projects
Development Project Rules

1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.

2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.

3. PRE-CONSTRUCTION COSTS may not exceed 25% of the GRANT.

4. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.

Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.

Eligible Pre-construction Costs – up to 25% of GRANT; incurred prior to groundbreaking as determined by the grantee
 Public meetings, focus groups, design workshops
 Plans, specifications, construction documents, and cost estimates  Permits
 Financing
 CEQA
 Bid preparation and packages
 IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
 GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the grant; incurred after groundbreaking
 Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
 Equipment – equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
 Bond and other signs
 Premiums on hazard and liability insurance to cover personnel or property  Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc.
 Construction management, including site inspections and PROJECT administration  Miscellaneous – other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications  Financing
 IN-HOUSE EMPLOYEE SERVICES after groundbreaking
 GRANT/PROJECT administration and accounting after groundbreaking Agreement No. 32400384
40 of 92
92 5
Ineligible Development Costs – Cannot be charged to the grant  PRE-CONSTRUCTION COSTS that exceed 25% of the GRANT
 Development to fulfill any mitigation requirements imposed by law (PRC §80020)  All non-capital costs, including interpretive and recreational programming, software and software development
 Construction or improvements to facilities that are not primarily designated for recreational purposes, such as park district offices
 Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
 Construction costs incurred outside of the park boundaries  Costs incurred before or after the GRANT PERFORMANCE PERIOD  Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.)  Food and beverages
 Out-of-state travel
 Repairs – activities performed to a section of a structure that are intended to allow the continued use
 Maintenance – activities intended to be performed on a regular basis to maintain the expected useful life of a structure
 Fundraising and grant writing

Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
 Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.
 Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
 Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
 Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.
 Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
 May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

If claiming IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet in advance for OGALS review to confirm these accounting practices are being followed.

Agreement No. 32400384
41 of 92
93 6

State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Funding Sources Form

GRANTEE: PROJECT Name:

PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete and the PROJECT is open to the public. PROJECTS will:
 Be entirely funded by the GRANT, or
 Require funds in excess of the GRANT.

If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.

For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public. ☐ The PROJECT will be entirely funded by the GRANT, or
☐ The PROJECT requires funds in excess of the GRANT:
☐ The SCOPE is the same as the scope of the larger project, or ☐ The SCOPE is a subset of a larger project, the scope of that larger project is:

Larger project cost: $ Anticipated completion date:

List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.

Funding Source Date Committed Amount
SPP/State of California July 1, 2019 $
$
$

I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above- mentioned GRANT is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

Agreement No. 32400384
42 of 92
94 7
State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
GRANTEE:

Project Name:

Project Address:

Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:

Date complete/expected to be completed
 Notice of Exemption (attach recorded copy if filed)
 Notice of Determination (attach recorded copy if filed)  Other:

If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.

Lead Agency Contact Information
Agency Name:

Contact Person:

Mailing Address:

Phone: ( ) Email:

Certification:

I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.

I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

FOR OGALS USE ONLY
CEQA Document Date Received PO Initials
NOE NOD
Agreement No. 32400384
43 of 92
95 8
Special Requirements
 Greenhouse Gas Emissions Reduction and Carbon Sequestration  Status Reports (page 9)
 Bond Act Sign (page 11)
 Deed Restriction (page 12)
 For non-profit GRANTEES: Three bid process (page 16) and Fidelity Bond (page 17)
Greenhouse Gas Emissions Reduction and Carbon Sequestration.1 If your PROJECT involves tree planting, follow the instructions below and submit with the PROJECT COMPLETION PACKET.

Before getting started, gather the following PROJECT information:
 Tree species
 Size of trees at planting
 Information on the distance and direction to the nearest building (if applicable)  Information on the age and climate control of any nearby buildings (if applicable)  Information about the tree’s growing conditions
Getting started:

1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a new project.

2. On the Location map, select your state, county and city, and then click Next.

3. Configure the project parameters2:
 “Electricity emissions factor” enter 285 and select kilograms  “Fuel emissions factor” enter 53.1 and select kilograms  “Years for the project” is the age of the trees 40 years from when they are planted. So, if the trees will be four years old at the time of planting, enter 44.  “Tree mortality” enter 0

4. Tree Planting Configurations
 Enter the tree groups for the project; create a new group for each new species or for each new location.
 Species – select the species; add multiple species by creating new groups.  DBH – tree diameter four feet above the ground at time of planting.  Distance to nearest tree – select from drop down menu  Tree is (north, south, east or west) of Building – select the direction the tree is located to the nearest climate controlled building.
1 PRC §80001(b)(7)
2 Project parameters are from the California Air Resources Board’s “Quantification Methodology for the California Natural Resources Agency Urban Greening Grant Program.”
Agreement No. 32400384
44 of 92
96 9
 Climate controls – select the type of climate controls the nearby building has installed. If a tree is more than 60 feet away from a climate controlled building, select “none.”
 Condition – select the overall health of the trees at the time of planting.  Exposure to sunlight – select the amount of sun that reaches the tree, based on its surroundings.
 Number of trees – enter the number of trees that are the same species and the same characteristics (e.g. distance to building, location in respect to building, exposure to sunlight, etc.) If some of these characteristics change, multiple lines of the same species should be input into the tool.

Once all the groups are entered, click next

5. Print the report in landscape mode, and submit it to OGALS.

Status Report
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. See sample on following page.

Agreement No. 32400384
45 of 92
97 10
Sample Status Report – Due xx/xx/20xx (30 days from mail date)

Grantee:

Project Number:

Project Name:

Project Scope:

Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction When will you submit your next payment request? For how much? Estimated date of project completion:

Potential obstacles affecting completion:

Is the project: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain:

Describe grant-funded work completed since last status report submitted on (DATE):

Are CCC or certified local corps working on this project? Yes/No Provide photos showing work completed since (DATE)
Describe grant-funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form.

Provide information on payments to be submitted over the next three years:

Between
7/1/20
and
6/30/21
Between
7/1/21
and
12/31/21
Between
1/1/22
and
6/30/22
Between
7/1/22
and
12/30/22
Between
1/1/23
and
6/30/23
Between
7/1/23
and
12/30/23
After
1/1/24
$ $ $ $ $ $ $
The purpose of this data is to help the State estimate borrowing needs; you will not be held to these estimates.

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
(*Certification to above information requires a signature by a person authorized in the resolution)
Agreement No. 32400384
46 of 92
98 11
Bond Act Sign
A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 as the funding source for the project must be installed during construction and at completion (PRC §80001(b)(3)). If appropriate, the same sign can be used during construction and completion.

Sign requirements
The sign must be available during construction, at the final inspection of the PROJECT, and remain in place for a minimum of four (4) years from date of PROJECT completion.

There is no minimum or maximum size other than the minimum size for the logo, as long as the sign contains the required wording.

Sign Language
All signs must contain the following language:

GAVIN NEWSOM, GOVERNOR
Wade Crowfoot, Secretary for Natural Resources
Armando Quintero, Director, California Department of Parks and Recreation Use the names of the current officials. The name of the director of the local agency or other governing body may be added. The sign may also include names (and/or logos) of other partners, organizations, individuals and elected representatives.

Logo
All signs must display the Parks and Water Bond Act logo (shown on the cover of this guide). Display the logo to maximize visibility and durability. Download the logo at https://resources.ca.gov/grants/Grant-Program-Resources, click on the logo artwork section. Each edge of the logo must be a minimum of 24″ x 24″. Exceptions may be approved, when appropriate, at OGALS’ discretion.

Sign Construction
All materials used shall be durable and resistant to the elements and graffiti.

Sign Cost
The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged.

Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign ordinances, OGALS may authorize a sign that is more appropriate to the project.

State Approval
GRANTEE shall submit the proposed number, locations, size, and language of signs for preliminary review. Final payments will not be processed until post completion signage has been approved and installed.

Agreement No. 32400384
47 of 92
99 12
Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the CONTRACT PERFORMANCE PERIOD.

If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments except an advance into escrow and pre-acquisition costs. A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement.

Deed Restriction Instructions
Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and have an encumbered CONTRACT for the GRANT amount.

The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the Deed Restriction. The GRANTEE takes the following steps:

1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed.

2. Create 3 copies (GRANTEE copy, OGALS copy and recorder’s copy) of the Deed restriction and the required attachments:

Exhibit A: Label this attachment “Exhibit A (Legal Description of Property)” and include a formal legal description of every parcel of property to which grant funds will be used for the development and/or acquisition thereof. This information can be obtained from the grant deed or title policy. (The assessor’s parcel number or a street address is NOT a valid legal description.) and,
Exhibit B: Label this attachment “Exhibit B (Grant CONTRACT)” and include a complete copy of the Grant CONTRACT and provisions signed by the AUTHORIZED REPRESENTATIVE and the State of California.

3. Notarize it: Take 3 copies of the following documents to a notary. OGALS recommends submitting these documents to the PROJECT OFFICER for review prior to notarizing.
 Unsigned and undated Deed Restriction
 Exhibit A (Legal Description of Property)
 Exhibit B (Grant CONTRACT)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189).

4. Record it: Take 3 copies of the notarized documents bulleted above to the County Recorder’s Office of the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property.

5. Send it: Make sure to send a copy of the notarized and recorded Deed Restriction, Exhibit A, and Exhibit B to the OGALS Project Officer.

Agreement No. 32400384
48 of 92
100

13 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services

WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: [Project Officer]

DEED RESTRICTION
I. WHEREAS, insert ownership information as it appears on the deed (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Program for improvements on the Property; and
IV. WHEREAS, on (enter date), DPR’s Office of Grants and Local Services conditionally approved Grant [project number], (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Competitive Grant Program and the funds that are the subject of the Grant could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
Agreement No. 32400384
49 of 92
101

14 NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30 years).

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.I of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach.

Agreement No. 32400384
50 of 92
102

15 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

AUTHORIZED REPRESENTATIVE Signature Date
Print/type name and title of above

Business Name (if property is owned by a business):

Additional signature, if required Date

Print/type name and title of above

Agreement No. 32400384
51 of 92
103

16 Three-Bid Process
(For nonprofit GRANTEES only)

1. Nonprofit GRANTEES must attempt to obtain three bids before awarding a contract on a GRANT-funded project for services greater than $5,000 and for construction work greater than $25,000.
 Bid description must include the requirement to comply with §1771.5 of the State Labor Code.
 Bid description must include all required project elements based on the original competitive application - Project Selection Criteria proposal, Grant Scope/Cost Estimate Form, and concept level site plan.

2. Nonprofit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the project work to be performed based on “Best value” (determined by price, quality of materials, equipment, and workmanship), and the required project elements based on the original competitive application.
 By signing the GRANT CONTRACT, the nonprofit GRANTEE agreed to meet the specific objectives as described in the competitive Project Selection Criteria proposal.

3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.

4. The nonprofit GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the best value and will meet project requirements. The evaluation process must ensure no conflict of interest between the contractor and the nonprofit GRANTEE’s Board of Directors. The nonprofit GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision must be recorded in writing.

5. The Board of Directors selects a contractor and awards a contract.

6. For audit purposes, the nonprofit GRANTEE keeps records of steps 1 – 5 above.

Waiver of Three-bid Requirement
To request a waiver of the three-bid process requirement, the non-profit GRANTEE must send a written request to the Project Officer assigned to the grant project and explain why a waiver is required.
 The waiver request may include “sole source” factors where only one contractor has the expertise to deliver the work.
 The waiver request may also include “public good” or other required factors that may be based on the Project Selection Criteria proposal in the competitive APPLICATION. For example, the Project Selection Criteria proposal may require the hiring of conservation corps.

Agreement No. 32400384
52 of 92
104

17 Fidelity Bond
(For nonprofit GRANTEES only)
Nonprofit GRANTEES must provide a copy of a current fidelity bond policy to their PROJECT OFFICERS before any payment requests can be approved by OGALS.

The premium cost for a fidelity bond is an ELIGIBLE COST.

A fidelity bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The nonprofit is the party insured. DPR must be named as a Third Party Loss Payee, i.e., the same as a bank on a car loan or a mortgage company on a home loan. The DPR address is: State of California, Dept. of Parks and Recreation, P.O.

Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.

Coverage must be equal to or greater than the GRANT amount. If the GRANTEE’S existing coverage is lower than the GRANT amount, the GRANTEE needs to amend the coverage to equal or exceed the GRANT amount. Fidelity bond insurance must be kept current for at least six months after the date of the final GRANT payment.

GRANTEES may obtain the fidelity bond through their general liability carrier, a major casualty insurance carrier, or a bonds specialty company. These sources are listed in the yellow pages or internet. A list of fidelity bond frequently asked questions is available on the OGALS web site at www.parks.ca.gov/grants.

Agreement No. 32400384
53 of 92
105

18 Grant Payments
Payments may be requested from OGALS once a PROJECT is approved and the CONTRACT is encumbered. Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request.

OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
 breach of any other contract with OGALS
 an unresolved audit exception
 an outstanding conversion
 park sites closed or inadequately maintained
 overdue Project Status Reports
 other unmet grant requirements
Payment Rules

1. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount, unless for acquisition costs.

2. Payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final REIMBURSEMENT payment. GRANTEES may contact their PROJECT OFFICER to request OGALS consider a reduced retention amount.

3. Group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.

4. For PROJECTS where match is required, GRANTEES must show eligible costs equal to 125% of the requested reimbursement amount (see page 19).

These items are required prior to requesting any payment, if applicable:

1. A deed restriction, except for an ADVANCE into escrow.

2. If not already submitted, complete CEQA for construction reimbursement.

3. A sample timesheet prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs.

4. When the bid process is required, provide a summary list of bidders, the recommendation by reviewer of bidders, notice of award, and contract agreement.

These items are required with every payment request, when applicable:

1. A Grant Expenditure Form (see page 22) is required with all reimbursement and final payment requests.

2. If a payment request includes IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet representing how employee staff time was tracked during the period of requested reimbursement.

3. Construction progress photos, including a photo with the construction sign visible on the PROJECT site (page 11), with all construction payment requests.

Agreement No. 32400384
54 of 92
106

19 Rural Recreation Tourism Match
(For this grant program ONLY)
Unless the PROJECT has been identified as serving a disadvantaged community, the GRANTEE must include a 20% match (PRC §80090(b)).

Costs incurred to provide match must be eligible costs.

Eligible match sources
 Federal funds
 Local funds
 Private funds
 IN-HOUSE EMPLOYEE SERVICES
 Volunteer labor – must maintain time and attendance records showing actual hours worked (see https://independentsector.org for volunteer hourly wage value) Ineligible match source
 State funds

Match and Eligible Costs
The match is 20% but grantee must show 25% in additional costs if match is required. For example:

Determining the match amount:

PROJECT amount: $125,000
20% match: ($25,000)
GRANT amount: $100,000
Submitting costs for reimbursement
GRANT amount: $100,000
25% in additional costs: $25,000
PROJECT amount: $125,000
In summary, the 20% match calculation is based on the PROJECT amount, not on the GRANT amount.

Agreement No. 32400384
55 of 92
107

20 Payment Request Form Instructions
 All payment request types (reimbursement, final, ADVANCE) require this form.  A fillable, digital version of the payment request form is available at www.parks.ca.gov/grants.  Grantees are encouraged to submit payment requests digitally, as .pdf files. E-mail each document to the PROJECT OFFICER as a separate digital file, labeled as the document item. Retain all documents with original signatures with the PROJECT records.  Round all amounts to the nearest whole dollar.
 A Grant Expenditure Form (see page 22) is required with all reimbursement and final payment requests.
 Complete the Payment Request Form as follows:

1. PROJECT Number – Number assigned by OGALS when this PROJECT was approved

2. Contract Number – As shown in Certification of Funding section of the contract

3. APPLICANT – GRANTEE name as shown on the contract

4. PROJECT Title – Name of the PROJECT as shown in the Application

5. Type of Payment – check appropriate box on form

6. Payment Information – round down to the nearest dollar

7. Send Warrant To – agency name, address and contact person

8. Signature of AUTHORIZED REPRESENTATIVE
Agreement No. 32400384
56 of 92
108

21 Payment Request Form

Agreement No. 32400384
57 of 92
109

22 Grant Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of the grant expenditure form is available at www.parks.ca.gov/grants. GRANTEES may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS on request. Only provide the following information to OGALS:

PROJECT Number:

Warrant/Check
#(1) Date(2) Recipient(3) Purpose(4)
Pre-
Construction
Amount(5)
Construction
Amount(6)

TOTALS AMOUNT
PRE-CONSTRUCTION Subtotal (5) $
Construction Subtotal (6) $
Grand Total (5) + (6) $

List only ELIGIBLE COSTS charged to the GRANT.

Column (1) Electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic payment numbers/electronic funds transfer numbers.

If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.

Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked, and a sample timesheet.

Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials.

Column (4) SCOPE item related to the expenditure and a brief description, such as “playground design,” “community center permits,” “walkway materials,” “sports field construction.” Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT.

Column (6) DEVELOPMENT costs eligible for up to 100% of GRANT.

Agreement No. 32400384
58 of 92
110

23 Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31, of the year the GRANT liquidates, as shown on the contract.

GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail the documents to the PROJECT OFFICER as separate .pdf files for each document. Retain all documents with original signatures with PROJECT records. GRANTEES should follow up with PROJECT OFFICER to confirm documents were received.

The final payment (not less than 20% of the GRANT) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET (page 23)

2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents:

1. Payment Request Form (page 21)

2. Grant Expenditure Form (page 22)

3. Final Funding Sources Form (page 6)

4. Project Completion Certification Form (page 24)

5. Greenhouse Gas Emissions Reduction and Carbon Sequestration (if applicable) (page 8)

6. Notice of Completion (optional)3

7. Photo of the bond act sign and location (page 11)

8. Recorded Deed Restriction if not already provided (page 12)

9. Completed CEQA if not already provided (page 7)

10. Audit checklist with items checked that GRANTEE will retain for five years following receipt of final payment (page 36)
For PROJECTS involving acquisition, the GRANTEE must submit these additional documents, if not already provided:

1. A copy of the recorded deed to the property

2. A map sufficient to verify the description of the property including parcel numbers and acreage

3. Copy of title insurance policy

4. Copy of title report

3 OGALS recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement.

Agreement No. 32400384
59 of 92
111

24 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:

Grantee contact for audit purposes
Name:

Address:

Phone: ( ) Email:

Project completion – list the grant scope items:

Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes / No
Certification:

I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

Agreement No. 32400384
60 of 92
112

25 Advance Payments
 OGALS reserves the right to disapprove ADVANCE payment requests. Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered before issuing an ADVANCE.
 ADVANCE payments may be requested for costs expected to be incurred in the next six months.
 ADVANCE payments must be placed in an interest bearing account. Earned interest must be spent on the project, and cannot be returned to OGALS.
 ADVANCE funds must be spent within six months of receipt, or returned to OGALS.  The sum of DEVELOPMENT ADVANCES cannot exceed 50% of the GRANT.

There are two types of DEVELOPMENT ADVANCE payments: PRE-CONSTRUCTION and CONSTRUCTION:

Pre-Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to be
incurred in
next six
months
Preconstruction
estimate shown on

PROJECT
SCOPE/cost
estimate form
After the
contract has
been
encumbered
 Payment Request Form
 ADVANCE justification (see page 26)
 Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE

SERVICES

Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to be
incurred in
next six
months
No more than 50%
of the GRANT.

After the
contract has
been
encumbered,
and
construction
will commence
during the next
six months
 Payment Request Form
 ADVANCE justification (see page
26)
 Bid documents (see page 16,
number 7), copy of signed
construction contract and a
notice to proceed or IN-HOUSE
EMPLOYEE SERVICES schedule
 Filed NOD or NOE (page Error!
Bookmark not defined.)
 Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE

SERVICES

Agreement No. 32400384
61 of 92
113

26 Advance Justification
Provide the following information:
 Explanation why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.
 A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six month period should begin six to eight weeks after payment request is submitted.
 A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit.  A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT.  An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to OGALS on demand.

Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be cleared incrementally, that is, as costs are incurred. An ADVANCE is cleared as follows:
 Submit a grant expenditure form (see page 22) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest.  Submit photos of construction completed and the construction sign (see page 11) with the ADVANCE funds (for construction ADVANCES).
 Return the balance of unspent GRANT funds to OGALS no later than thirty days after the end of the six month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance. OGALS cannot return interest to the contract balance.

Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment. The following are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed.

2. A statement in the letter that the majority of ADVANCED funds has been cleared.

3. A payment schedule with month by month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

Agreement No. 32400384
62 of 92
114

27 Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to 100% of
the acquisition amount.

After the contract is
encumbered and escrow
is open
See following instructions

1. Escrow letter

2. Title report cover page

3. Payment request form

The following items are required to request an ADVANCE payment into escrow:

1. A letter on the GRANTEE’s letterhead, addressing all of the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 3). c) GRANT CONTRACT number and amount of GRANT funds requested. d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller.

2. Cover page of the preliminary title report.

3. Payment Request Form: the “Send Warrant To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person (see page 21).

After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.

Returning Unexpended Advanced Funds for Acquisition
If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended, the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after completion of the acquisition(s), within 60 days of the acquisition withdrawal, or within 60 days after the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. A grantee may also submit a Grant Expenditure Form (see page 22) documenting expenditures of eligible costs.

Agreement No. 32400384
63 of 92
115

28 Competitive Grant Program Contract

State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Competitive Grant Program
GRANTEE: Grantee Name
GRANT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2049 The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

Total State grant amount not to exceed $ [GRANT amount]

GRANTEE

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND

ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR

T.B.A. NO. B.R. NO. INDEX

Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER

DATE
Agreement No. 32400384
64 of 92
116

29 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as “COMPETITIVE GRANT PROGRAM GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 20xx to June 30, 20xx.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “GUIDES” means (1) the document identified as the “Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital Improvement Projects” and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.

B. Project Execution

1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

Agreement No. 32400384
65 of 92
117

30 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.

To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Procedural Guide

1. GRANTEE agrees to abide by the GUIDES.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDES. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual agreement is not required.

Agreement No. 32400384
66 of 92
118

31 3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

32 legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.

The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

2. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

3. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

4. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

Agreement No. 32400384
68 of 92
120

33 5. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project CONTRACT or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

Agreement No. 32400384
69 of 92
121

34 O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

GRANTEE

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Agreement No. 32400384
70 of 92
122

35 Accounting and Audits

Accounting Requirements
GRANTEES must use accounting practices that:
 Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards.  Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
 Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.
 Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
 Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
 Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.
 Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
 May not include overhead or cost allocation. These are costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

State Audit
Grants are subject to audit by DPR (see page Error! Bookmark not defined., Audit Checklist). All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
 All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR.
 An employee having knowledge of the PROJECT and its records to assist the DPR auditor.

Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.

Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements.

Agreement No. 32400384
71 of 92
123

36 Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five years following PROJECT termination or final payment of GRANT funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, contact the State Department of Parks and Recreation Audits Office at (916) 657-0370.

CONTRACTS
□ Summary list of bidders (including individual
bid packages)
□ Recommendation by reviewer of bids
□ Award by governing body (minutes of the
meeting/resolution)
□ Construction contract agreement
□ Contract bonds (bid, performance, payment)
□ Contract change orders
□ Contractor's progress billings
□ Payments to contractor (cancelled checks/
warrants, bank statements, EFT receipts**)
□ Stop Notices (filed by sub-contractors and
release if applicable)
□ Liquidated damages (claimed against the
contractor)
□ Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
□ Authorization/work order identifying project
□ Daily time sheets signed by employee and
supervisor
□ Hourly rate (salary schedules/payroll
register)
□ Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
□ Authorization/work order
□ Daily time records identifying the project site
□ Hourly rate related backup documents

MINOR CONTRACTS/ MATERIALS/

SERVICES/EQUIPMENT RENTALS
□ Purchase orders/Contracts/Service
Agreements
□ Invoices
□ Payments (cancelled checks/ warrants, bank
statements and EFT receipts **)

ACQUISITION
□ Appraisal Report
□ Did the owner accompany the appraiser?
□ 10-year history
□ Statement of just compensation
(signed by seller)
□ Statement of difference (if purchased
above appraisal)
□ Waiver of just compensation (if
purchased below appraisal: signed by
seller)
□ Final Escrow Closing Statement
□ Cancelled checks/warrants, bank
statements and EFT receipts,
[payment(s) to seller(s)]
□ GRANT deed (vested to the
participant) or final order of
condemnation
□ Title insurance policy (issued to
participant)
□ Relocation documents
□ Income (rental, grazing, sale of
improvements, etc.)

INTEREST
□ Schedule of interest earned on State
funds advanced (Interest on grant
advances is accountable, even if
commingled in a pooled fund account
and/or interest was never allocated
back to the grant fund.)

AGREEMENT/CONTRACTS
□ Leases, agreements, etc., pertaining
to developed/acquired property
□ Proof of insurance pertaining to
developed/acquired property
* Estimated time expended on the
projects is not acceptable. Actual time
records and all supporting
documentation must be maintained
as charges are incurred and made
available for verification at the time of
audit.
** Front and back if copied.

Agreement No. 32400384
72 of 92
124

37 Definitions
Capitalized words and terms used in this guide are defined below.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

CEQA – the California Environmental Quality Act established policies and procedures requiring GRANTEES to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the GRANTEE’s proposed PROJECT. (Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq.) CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR.

DEVELOPMENT – construction, expansion, or renovation.

DPR – the California Department of Parks and Recreation.

GRANT – funds made available to a GRANTEE for completion of the PROJECT during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed contract with DPR.

GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.

IN-HOUSE EMPLOYEE SERVICES –GRANTEE’s employees working on the PROJECT SCOPE.

OGALS – DPR’s Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT – the SCOPE as described in the competitive application to be completed with GRANT funds and committed funds, if identified on Funding Sources Form (page 6).

PROJECT COMPLETION – when the SCOPE is complete and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET – The documents listed on page 23 that are required in order to request final payment following PROJECT COMPLETION.

PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Administration Guide and the GRANT contract.

SCOPE – the recreation features and major support amenities, as described in the competitive application that must be completed prior to final GRANT payment.

Agreement No. 32400384
73 of 92
125
State of California - Natural Resources Agency
Department of Parks and Recreation

GRANT CONTRACT
2018 Parks Bond Act
Statewide Park Development and Community Revitalization PROJECT NO.

GRANTEE

PROJECT TITLE PROJECT NUMBER
Total State Grant not to exceed
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
Signature of Authorized Representative
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Oxnard
DURLEY PARK EXPANSION / IMPROVEMENT SW-56-003
July 01, 2020 through June 30, 2025
2021/22
C9803069 SW-56-003
3790-101-6088 6
City of Oxnard
$7,092,300.00
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$7,092,300.00
City Manager
0000011778
The GRANTEE agrees to the terms and conditions of this contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE / Cost Estimate Form or Acquisition documentation for the Application(s) filed with the State of California. 3790000SW56003
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
20 AMENDMENT NO
$7,092,300.00
Address

ACTIVITY CODE
69807
CONTRACT PERFORMANCE PERIOD is from July 01, 2020 through June 30, 2050 Signature of Authorized Representative
Typed or printed name of Authorized Representative
Title
Agreement No. 32400384
74 of 92
126
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Oxnard (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed
_$7,092,300___, subject to the terms and conditions of this CONTRACT and the 2020/21 California State Budget, Chapter 6, statutes of 2020, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “2018 Parks Bond Act, Statewide Park Development and Community Revitalization GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2020_ to _June 30, 2025_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “GUIDE” means (1) the document identified as the “Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital Agreement No. 32400384
75 of 92
127
2 Improvement Projects” and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

C. Project Guide

1. GRANTEE agrees to abide by the GUIDES.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration
Agreement No. 32400384
76 of 92
128
3 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

Agreement No. 32400384
77 of 92
129
4 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

G. Hold Harmless

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

Agreement No. 32400384
78 of 92
130
5 H. Financial Records

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT.

Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the Agreement No. 32400384
79 of 92
131
6 purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability

If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest Agreement No. 32400384
80 of 92
132
7 against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability

Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies

GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

_City of Oxnard____________________________________

GRANTEE

By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
Agreement No. 32400384
81 of 92
133
8 STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Signature of Authorized Representative

Title: _________________________________

Date: _________________________________

Agreement No. 32400384
82 of 92
134
Certificate Of Completion
Envelope Id: 98EB0254F8C74F64816A1ABE4DD548B5 Status: Completed Subject: Please DocuSign: C9803069 blank.pdf
Template Code:

Source Envelope:

Document Pages: 9 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Stephanie Schiechl
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1416 9th Street, Room 950
Sacramento, CA 95814
[email protected]
IP Address: 134.186.96.87
Record Tracking
Status: Original
3/2/2022 12:25:22 PM
Holder: Stephanie Schiechl
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: California State Department of Parks and Recreation
Location: DocuSign
Signer Events Signature Timestamp
Alexander Nguyen
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.81.180.50
Sent: 3/2/2022 12:29:29 PM
Viewed: 3/2/2022 3:45:17 PM
Signed: 3/2/2022 3:46:41 PM
Electronic Record and Signature Disclosure:

Accepted: 3/2/2022 3:45:17 PM
ID: d81154d5-7707-416e-bcf3-35ddda386af1
Jana Clarke
[email protected]
Supervisor
California State Department of Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.51.14.218
Sent: 3/2/2022 3:46:42 PM
Viewed: 3/3/2022 3:38:34 PM
Signed: 3/3/2022 3:39:04 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Lisa Vigil
[email protected]
California State Department of Parks and Recreation
Security Level: Email, Account Authentication
(None)
Sent: 3/3/2022 3:39:06 PM
Agreement No. 32400384
83 of 92
135
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Eric Humel
[email protected]
Grants Coordinator
Security Level: Email, Account Authentication
(None)
Sent: 3/3/2022 3:39:07 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/2/2022 12:29:29 PM
Certified Delivered Security Checked 3/3/2022 3:38:34 PM Signing Complete Security Checked 3/3/2022 3:39:04 PM
Completed Security Checked 3/3/2022 3:39:07 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Agreement No. 32400384
84 of 92
136
Agreement No. 32400384
85 of 92
137
Agreement No. 32400384
86 of 92
138
Agreement No. 32400384
87 of 92
139
EX

HIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS GROUP, INC)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional services contracts that may be 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 s uch employee no less than $18.89 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. 32400384
88 of 92
140
CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, 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. 32400384
89 of 92
141
EX

HIBIT F

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS GROUP, INC)

PREVAILING WAGE

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

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

3. CONSULTANT is required to post job site 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, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Agreement No. 32400384
90 of 92
142

7. CO
NSULTANT 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. C ONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

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

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

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

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

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts Agreement No. 32400384
91 of 92
143
or o
missions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.

Agreement No. 32400384
92 of 92
144
W a lk in g t r a c k
N e w p a r k in g
m u r a l o n t a n k s
Durley Park
0 0 . 0 3 0 . 0 50 . 0 1 m i
0 0 . 0 4 0 . 0 80 . 0 2 k m
1 : 1 , 2 0 0
play area/
landscaping,
trail/gathering
space
restroom
Field
renovation,
renovated
backstop
Renovated, water
conserving
irrigation system
thr oughout park
basketball court
with lighting
lighting along walking track and throughout
court lighting
field
renovation,
renovated
backstop
field
renovation,
renovated
backstop
landscape
renovation;
exercise equipment
court
lighting
bbq
area
Landscape
renovation; bbq area
stormwater
benefits
N
III
New skateboard/bike
pump track
field
renovation,
renovated
backstop
Field lighting, 4 fields
145

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: February 6, 2024

TO: City Council

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

SUBJECT: Agreements 32400369 and 32400362 for Acquisition of Easements for the Oxnard Boulevard & Saviers Road Signal Improvements Project (No. C1703).

RECOMMENDATION

That the City Council approve and authorize the:

1. Mayor to execute a Right of Way Agreement and Easement Deed (A-8545) for APN 219-0-031-065 to purchase Permanent Sidewalk Easement located at Saviers Road/Bryce Canyon/Thomas Avenue;

2. Mayor to execute a Right of Way Agreement and Easement Deed (A-8546) for APN 222-0-102-010 to purchase Permanent Sidewalk Easement located at Saviers Road/Pleasant Valley Road; and

3. City Manager to take any additional necessary actions to facilitate the acquisition of the property consistent with the terms of the transaction approved by the City Council.

BACKGROUND

On July 19, 2022, City Council approved and authorized Agreement A-8480 with Taft Electric Company for the Oxnard Boulevard & Saviers Road Signal Improvements Project. This project will upgrade traffic signal poles, signal heads, signal controllers, asphalt concrete, curb, gutter, sidewalk, signing and striping, at the following locations:

1. Oxnard Boulevard/Fifth Street

2. Saviers Road/Elm Street

3. Saviers Road/Bryce Canyon Avenue/Thomas Avenue (easement required)

4. Saviers Road/Bard Road

5. Saviers Road/Pleasant Valley Road (easement required)

Capital Improvement Program (CIP) Reference:

Project No. C1703, the Oxnard Boulevard & Saviers Road Traffic Signal Improvements Project, CIP 2022-2027 - Adopted May 3, 2022 – Page 64.

DISCUSSION

During the pre-construction activities phase of the Oxnard Blvd & Saviers Rd Traffic Signal Improvements Project (“Project”), and while the procurement of the signal poles has been ongoing, it became evident that additional right-of- way would be required to complete the Project as designed. To allow adequate space for the installation of the new signal poles and reconstruction of the American Disabilities Act (ADA) access ramps, the Project requires a 127-square-foot sidewalk easement at Saviers Road/Bryce Canyon Avenue/Thomas Avenue at the northeast corner of Saviers Road and 146
Thomas Avenue (APN number 219-0-031-065) and 250 square foot sidewalk easement located Saviers Road/Pleasant Valley Road at the southwest corner of Saviers Road and Pleasant Valley Road (APN number 222-0-102-010).

Based upon an appraisal conducted by the City’s real estate consultant, the property owners were provided an offer on behalf of the City to purchase the permanent sidewalk easement. Both property owners have executed a Right of Way Agreement and Easement Deed. Before the City may purchase the easements, pursuant to Section 65402 of the Government Code, the Planning Commission must first consider and determine whether the easement conforms to the General Plan and forward that determination to the City Council.

On January 18, 2024, the Planning Commission adopted Resolutions 2024-01 and 2024-02 affirming that the City of Oxnard’s proposed acquisition of the easements are in conformance with the City of Oxnard 2030 General Plan and recommended that the City Council order the acquisitions. The sites are located within the 2030 General Plan land use designation of Commercial General (CG) zoned General Commercial (C-2) and General Commercial-Planned Development-Affordable Housing Permitted (C-2-PD-AHP) respectively in the City of Oxnard.

Staff recommends approving these acquisitions to allow the Project to be completed as designed.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The cost for the sidewalk easement for APN 219-0-031-065, Saviers Road at Bryce Canyon Avenue/Thomas Avenue is $10,000 plus miscellaneous fees for an escrow process (estimated to be less than $1,000) associated with the transaction; and for APN 222-0-102-010, Saviers Road at Pleasant Valley Road is $8,000. There is sufficient funding in the Oxnard Boulevard & Saviers Road Traffic Signal Improvements Project No. C1703 for this action utilizing funds available from the Circulation System Improvement Fees (350).

For Finance Use Only: Developer Impact Fees Fund - Circulation System Improvement (Fund 350 Org. 80401001 Obj. 59800); Capital Outlay Fund (Org. 3013102 Obj. 49300/53200)

COMMITTEE OUTCOME

Prepared by: Morgan Kessler, City Engineer, Debbie O'Leary, Transportation Planner

ATTACHMENTS

1. Location Map

2. ROW Agreement 32400369 - (219-0-031-065)

3. Easement Deed-Owner (219-0-031-065) A-8545

4. ROW Agreement 32400362-(222-0-102-010)

5. Easement Deed-(222-0-102-010) A-8546

147
OXNARD BOULEVARD & SAVIERS ROAD SIGNAL IMPROVEMENTS PROJECT (PW19-97) EXHIBIT 1 - PROJECT LOCATION
LEGEND

PROJECT LOCATION

SAVIERS ROAD & THOMAS AVE

SAVIERS ROAD & PLEASANT VALLEY ROAD
148
Northeast corner of Thomas Ave (Bryce Canyon) and Saviers Rd 219-0-031-065 Nearest Address is 3250 Saviers Rd 149
Southwest Corner of Pleasant Valley Rd and Saviers Rd, 222-0-102-010 (Pleasant Valley) nearest address 5111 Saviers Rd 150
________________________________________________________________________________________________________ APN: 219-0-031-065 City of Oxnard/Pleasant Valley at Saviers Rd/Lee/Right of Way Agreement

Page 1 of 6 ends

ASSESSOR PARCEL NO.: 219-0-031-065
PROJECT: City of Oxnard – Saviers Rd Intersection Improvement Project OWNER: Yong Duk and Soo Jung Lee

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Yong Duk Lee and Soo Jung Lee, husband and wife as joint tenants (hereinafter collectively called “Grantor”), and
The City of Oxnard (hereinafter called “City”).

An instrument in the form of an Easement Deed (“Deed”) covering the property rights particularly described therein (“Property”), has been executed concurrently with this Agreement and delivered to City representatives.

In consideration of which, and other considerat ions hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of TEN THOUSAND DOLLARS ($10,000) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid to Grantor upon the close of escrow, to be handled by Escrow Officer Lisa Figgins of Fidelity National Title of Westlake Village, CA.

B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Ventura County Reco rder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount show n in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which the Deed records, together with penalties and interest thereon, and/or de linquent and unpaid non-

Agreement No. 32400369
151
________________________________________________________________________________________________________ APN: 219-0-031-065 City of Oxnard/Pleasant Valley at Saviers Rd/Lee/Right of Way Agreement

Page 2 of 6 ends

delinquent assessments which have become a lien as of the date of recordation of the Easement Deed.

E. CONSTRUCTION AND RESTORATION – S hall, upon completion of construction, generally restore any of Grantor’s remaining real property impacted outside of the easement area to a comparable or better condition than that which existed prior to City’s project construction, to the extent reasonably practical. The existing commercial “7-11” sign located at corner will be protected in place and remain in same location.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or lia bility proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.

3. The Grantor:

A. LEASE INDEMNIFICATION - Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease on said Property held by tenant of Grantor.

B. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Grantor’s obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property, holding all ownership and possessory rights, and are the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.

C. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor’s knowledge, and after reasonable inquiry, the following:

During Grantor’s ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor’s remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor’s remaining adjacent property, which may have occurred prior to Grantor’s ownership.

There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous subs tances on or within the Property or Grantor’s remaining adjacent property.

Grantor has not used the Property, or Grantor’s remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such property. Grantor has not inst alled any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor’s remaining adjacent property. Grantors are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value

Agreement No. 32400369
152
________________________________________________________________________________________________________ APN: 219-0-031-065 City of Oxnard/Pleasant Valley at Saviers Rd/Lee/Right of Way Agreement

Page 3 of 6 ends

of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

4. The Parties agree:

A. ESCROW - This Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

As soon as possible after opening of escrow , City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with ot her escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the Stat e of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor, pr ior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City's acquisition.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes a nd/or any penalties and interest thereon, and for any delinque nt assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $10,000 issued by Fidelity National Title Company, 950 Hampshire Road, Westlake Village, CA 91361 showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way;

Agreement No. 32400369
153
________________________________________________________________________________________________________ APN: 219-0-031-065 City of Oxnard/Pleasant Valley at Saviers Rd/Lee/Right of Way Agreement

Page 4 of 6 ends

3) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. TITLE VI CIVIL RIGHTS ACT COMPLIANCE - The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.

No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.

E. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or unde rstandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

F. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval by the Oxnard City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

G. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.

H. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as if they bore original signature s provided that documents bearing ORIGINAL

Agreement No. 32400369
154
________________________________________________________________________________________________________ APN: 219-0-031-065 City of Oxnard/Pleasant Valley at Saviers Rd/Lee/Right of Way Agreement

Page 5 of 6 ends

Oxnard City CouncilFebruary 6, 2024

Oxnard City Council
February 6, 2024