Agenda packet — Oxnard City Council, May 6, 2025 (part 2 of 6)

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND CAROLLO ENGINEERS, INC.

By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Carollo Engineers, 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 individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

This agreement is for the development of a detailed and comprehensive Biosolids Master Plan that will be used as a roadmap for future improvements for the Oxnard Water Resource Recovery Facility. The plan shall evaluate current biosolids and digester gas management practices, identify and assess alternatives for the treatment, utilization and disposal of biosolids and digester gas, develop recommendations for short-term and long-term strategies, provide financial analysis for each alternative including capital, operational and life cycle costs, and ensure compliance with all relevant local, state and federal regulations.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard, California 93030.

Carollo Engineers, Inc. a corporation of the State of Delaware, located at 2795 Mitchell Drive, Walnut Creek, California 94598

4. TERM OF AGREEMENT: From: May 6, 2025 To: May 5, 2026 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the 258
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Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $423,422.00

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

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: [RESERVED]
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy

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

City Designated Representative
Name: Jan Hauser
Title: Wastewater Division Manager
Phone: (805) 271-2205
Email : [email protected]
Address: 6001 Perkins Road
Oxnard, CA 93030
Consultant Designated Representative
Name: Rashi Gupta
Title: Senior Vice President
Phone: (714) 788-1925
Email: [email protected]
Address: 707 Wilshire Blvd, Suite 3290
Los Angeles, CA 90017

8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.

A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.
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B. 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.

C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

D. 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.

A. 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 13 of this Agreement.

B. 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 and 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 13 of this Agreement, and may be subject to approval by the City Council.

11. PAYMENT and 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.

A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of 260
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those Services, and total amount due for the month. Invoices may be emailed to: [email protected].

B. 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.

C. 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.

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

12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement.

The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), 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. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City 261
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to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.

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 by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.

15. [RESERVED]

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 T 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 262
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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.

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. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

19. STANDARD OF PERFORMANCE; WARRANTY. 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 designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
(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. 263
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20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. 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.

A. 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.

B. 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.

C. 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.

D. 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 secrets” (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 264
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be a member of the public as that term is used in Government Code Section 7920.515.

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

F. 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. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its 265
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officers, employees, representatives, 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.

A. The provisions of this Subsection 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.
(1) Notwithstanding the provisions of Section 23 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.
(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
B. 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 this Agreement. The hold harmless and indemnification provisions of this Section 23 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. 266
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C. 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.

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 E” 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 Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.

26. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. 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.
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C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.

27. [RESERVED]

28. 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.

29. CONFLICT 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 the performance of Consultant’s Services under this Agreement.

Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

30. DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
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31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request.

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

32. 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 Services, except at Consultant’s risk, until written instructions are received from the Project Manager.

34. REPORTS. Upon 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 269
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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. Each 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. 270
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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. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have 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.
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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 and 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. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD CAROLLO ENGINEERS, INC.

☐Luis Mc Arthur, Mayor1 Date Rashi Gupta, Senior Vice President Date ☐Jennifer Yates, Purchasing Manager2

Michael Barnes, Secretary 3 Date
ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 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. 273
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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

SCOPE OF SERVICES

PROJECT MANAGER: Jan Hauser, Wastewater Division Manager, [email protected], (805) 271-2205
Scope of Services
TASK 1 Project Management
Consultant shall provide all of the professional and technical support services required to manage, coordinate, and track the project efforts; provide progress updates to the City; and ensure proactive participation by the City in the Project. The project management’s responsibilities include, but are not limited to:

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

2. Schedule. Consultant shall develop a project schedule at the beginning of the project.

The project schedule shall be submitted with the proposal and shall be updated within two (2) weeks of the kickoff meeting.

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

4. Reporting. Consultant shall prepare and distribute monthly reports with the monthly invoice. Monthly reports should briefly describe the work completed during the invoice period; projected work to be completed in the next month; data needs; issues or outstanding items affecting the project; and budget summary.

5. Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one (1) week of starting the project.

Communication protocol will include standard project communication as well as emergency communication protocols.

6. Meetings.
a. Project Kick-off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City’s wastewater staff to verify the Project scope and approach. The kickoff meeting will be in person and include a site visit. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City. The Consultant 274
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shall prepare and distribute meeting minutes within five (5) business days of the meeting.
b. Progress Meetings. Consultant shall attend monthly virtual meetings for the duration of the project which is estimated to take approximately twelve months.

The Consultant is responsible for developing meeting information and agenda prior to the meeting and meeting minutes following the meeting with a complete action tracking log.
c. Workshops. Consultant shall plan up to four (4) workshops during the Project. The workshops will be held virtually. The Consultant shall develop workshop slides and agenda prior to the workshops and meeting minutes following the workshops.
 Workshop 1 – Regulatory Review, Current Operations, Biogas and Biosolids Projections
 Workshop 2 – Biosolids and Biogas Alternatives Screening  Workshop 3 – Biosolids and Biogas Alternatives Evaluation Findings  Workshop 4 – Integrated Resource Recovery Plan

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

Deliverables
 Project Schedule
 Monthly detailed invoice with Monthly Summary Report
 Meeting Agendas and Minutes
 Workshop Slides, Agendas, and Minutes
TASK 2 Regulatory and Environmental Review
The Consultant shall review current and anticipated regulations related to biosolids and biogas management at the local, state, and federal levels. Identify any upcoming changes that may impact WRRF’s operations, including but not limited to:
 Air Pollution Control District
 Standards for the Use or Disposal of Sewage Sludge (40 CFR 503)  SB 1383
 Greenhouse gas
Deliverables
Regulatory and Environmental Review Report
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TASK 3 Data Review, Current Operations and Future Projections The Consultant shall collect and review all relevant data on existing biosolids and digester gas management operations, including flow process diagrams, operational data, and regulatory requirements.
 Conduct a detailed assessment of the current biosolids and digester gas management process. Assess biogas production rates, biogas utilization (e.g., combined heat and power, flaring), and system performance. Assess current biosolids handling processes, including dewatering, stabilization, storage, and final disposal or reuse.
 Identify any operational, regulatory, or environmental challenges associated with the current practices.
 Determine future biosolids and biogas production over the planning period of 20 years. The Consultant will leverage prior work completed for the City to develop the solids and biogas projections, unless there are changes in process or City intention that negates the past results or approach.

Deliverables
 Information request
 Future biosolids and biogas production
 Summary of current operations and projections
TASK 4 Biosolids Management Alternatives Evaluation
 Alternative Treatment Technologies: Evaluate various solids treatment technologies, such as advanced digestion, thermal hydrolysis, composting, and other innovative processes. Assess the potential for nutrient recovery, pathogen reduction, and product quality
 End-Use and Disposal Options: Explore alternative end-use options for biosolids, including land application, landfilling, and beneficial reuse.  Biosolids Management Alternatives Screening: Screen the solids treatment technologies to up to four (4) alternatives for evaluation.  Biosolids Management Alternatives Evaluation: Conduct a cost and non-financial evaluation of the biosolids management alternatives. For each alternative, develop:
o Treatment technology description, preliminary system sizing, site layout, and process flow schematic.
o Biosolids product description and potential end-use options. o Class 5 capital cost estimates, 20-year O&M cost estimates, and life-cycle costs. The costs shall include both the solids treatment and biosolids products end-use.
o Consideration of non-financial criteria, such as social and environmental impacts and benefits, and adaptability to future regulatory and market drivers. Include a quantitative greenhouse gas evaluation of the biosolids management alternatives.
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Deliverables
 Biosolids Management Alternatives Evaluation Report
TASK 5 Biogas Management Alternatives Evaluation
 Biogas Utilization Options: Assess alternatives for biogas utilization, including combined heat and power systems, direct biogas use (e.g., in boilers), and biogas upgrading technologies.
 Energy Recovery and Efficiency: Evaluate opportunities to enhance energy recovery from biogas, improve system efficiencies, and reduce flaring.  Biogas Management Alternatives Screening: Screen the biogas management alternatives to up to four (4) alternatives for evaluation.  Biogas Management Alternatives Evaluation: Conduct a cost and nonfinancial evaluation of the biogas management alternatives. For each alternative, develop:
o Biogas utilization technology description, preliminary system sizing, site layout, and process flow schematic.
o Class 5 capital cost estimates, 20-year O&M cost estimates, and lifecycle costs. The costs shall include the costs for utilizing the biogas and the revenues or savings from reduced electricity imports, sale of renewable natural gas, and financial incentives such as IRA funding and RIN and LCFS credits, as applicable.
o Consideration of non-financial criteria, such as social and environmental impacts and benefits, and adaptability to future regulatory and market drivers. Include a quantitative greenhouse gas evaluation of the biogas management alternatives.

Deliverables
 Biogas Management Alternatives Evaluation Report
TASK 6 INTEGRATED RESOURCE RECOVERY PLAN
 Scenario Development: Develop and model various scenarios that integrate biosolids treatment and biogas utilization alternatives. Evaluate the synergy between biosolids and biogas management strategies.
 Optimization Analysis: Optimize resource recovery options by analyzing the interdependencies between biosolids management, biogas production, and energy recovery. Consider factors such as scalability, operational flexibility and long-term sustainability.
 Power BI dashboard: Develop a Power BI dashboard to support the scenario development and optimization analyses described above. The dashboard will allow the City to better visualize necessary capital allocations over time, conduct sensitivity analysis, and assess the impacts of changes in schedule.  Implementation Plan: Develop an implementation roadmap and timeline to phase in the recommended biosolids and biogas management strategies. 277
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Deliverables
 Integrated Resource Recovery Scenarios Report
 Power BI Dashboard
TASK 7 FINAL REPORT AND RECOMMENDATIONS
 Draft Report: Prepare a draft Biosolids Master Plan report that includes the evaluation of alternatives, recommended strategies, implementation plans, and a roadmap for future improvements.
 Review and Revisions: Present the draft report for review.  Final Report: Submit the final Biosolids Master Plan, including recommendations for biosolids and biogas management, cost estimates, and an implementation timeline.

Deliverables
Draft and Final Biosolids Master Plan Report
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EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

SCHEDULE OF COMPENSATION

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EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

INSURANCE REQUIREMENTS

Prior to contract approval and beginning of services under this agreement, 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.

INS-A
[SEE NEXT PAGES]
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INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services.

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

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

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

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

6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager.

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

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

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 3/25
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed.

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

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

INS-A.doc

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

PRODUCER

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

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 3/25
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EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)
[RESERVED]
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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, 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 such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
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 E.

While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, 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 290
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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.

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

8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

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

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

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

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

12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a 291
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requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination. 292

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: May 6, 2025
TO: City Council
FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected] SUBJECT: 2025-2029 Ventura County Regional Consolidated Plan, 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice, and the 2025-2026 Annual Action Plan. (10 minutes)

RECOMMENDATION
That the City Council:

1. Conduct a public hearing to receive comments regarding the 2025-2029 Ventura County Regional Consolidated Plan, the 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice, and the 2025-2026 Annual Action Plan to be submitted to the U.S. Department of Housing and Urban Development, Office of Community Planning and Development;

2. Approve the 2025-2029 Ventura County Regional Consolidated Plan and the 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice;

3. Authorize the City Manager, or his designees, to incorporate any recommended changes resulting from public input to the Ventura County Regional Consolidated Plan, the Ventura County Regional Analysis of Impediments to Fair Housing Choice, and 2025-2026 Annual Action Plan;

4. Approve the 2025-2026 Annual Action Plan and incorporate the final HUD allocations into the Plan and authorize the budget appropriations to fund the administration and activities in the Plan;

5. Authorize the City Manager, or his designees, to make any budgetary adjustments within ten percent, or $200,000, whichever is greater – per the Citizen Participation Plan of the proposed budget in the 2025-2026 Annual Action Plan that is approved by City Council; and

6. Authorize the City Manager, or his designees, to execute HUD agreements and sign all agreements for the implementation of the Ventura County Regional Consolidated Plan, Ventura County Regional Analysis of Impediments to Fair Housing Choice, and Annual Action Plan including subrecipient, interdepartmental, and intradepartmental agreements.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on April 8, 2025.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ClHcikKEsR0

BACKGROUND
The City of Oxnard receives three entitlement grants from the United States Department of Housing and Urban Development (HUD) – the Community Development Block Grant (CDBG), the HOME Investment Partnerships Act program (HOME), and the Emergency Solutions Grant (ESG) on an annual basis. To receive the three entitlement grants, the City of Oxnard must prepare, submit, and receive approval of a Consolidated Plan, an Annual Action Plan, and an Analysis of Impediments to Fair Housing Choice before funds are disbursed. Below is more information on the required plans and entitlement grants.

Ventura County Regional Consolidated Plan and Annual Action Plan 293
HUD approved the City of Oxnard’s participation in the five-year, 2020-2024 Ventura County Regional Consolidated Plan (Regional Consolidated Plan), that assessed the housing and community development needs of all incorporated cities and the unincorporated areas of the Ventura County. The County of Ventura served as the lead agency. This was Oxnard’s first involvement with the Regional Consolidated Plan. Prior to the involvement in the Ventura County Regional Consolidated Plan, the city conducted its own Consolidated Plans.

A Consolidated Plan must consist of the following:

1. A detailed description of the consultation and citizen participation undertaken to collect information from residents and stakeholders.

2. A needs assessment that analyzes needs related to affordable housing, special needs housing, community development and homelessness.

3. A market analysis that examines demographics, the supply of affordable housing, the regional housing market, and other conditions that impact community needs and the programs that address these needs.

4. A strategic plan that identifies specific goals for the City of Oxnard based on the highest priority needs.

The Regional Consolidated Plan also includes the City of Oxnard’s Annual Action plan for the first year of the plan, which describes the planned investment of federal resources to implement specific activities that meet the year’s strategic goals.

Analysis of Impediments to Fair Housing Choice
The City of Oxnard also partnered with the County of Ventura and surrounding cities, in the production of the Analysis of Impediments to Fair Housing Choice (AI). The AI provides communities with an opportunity to examine progress toward the goals of eliminating housing discrimination and providing current and future residents access to housing opportunities.

An AI must consist of the following:

1. An analysis of fair housing issues. Fair housing issues can include local or regional segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, disproportionate housing needs, and evidence of discrimination or violations of civil rights law or regulations related to housing.

2. After conducting the data analysis and identifying the fair housing issues, a list of contributing factors is developed.

A contributing factor is a factor that creates, contributes, perpetuates or increases the severity of one or more fair housing issues.

3. For each fair housing issue and its contributing factors, the jurisdiction must then develop a list of fair housing goals. A fair housing goal is a specific meaningful action that can reasonably be expected to achieve material positive change that affirmatively further fair housing by increasing fair housing choice or decreasing disparities in access to opportunity.

The AI is developed and submitted along with the Regional Consolidated Plan every five years.

HUD Entitlement Grant Programs
Below is a brief narrative of the three entitlement grants received annually.

Community Development Block Grants
The Community Development Block Grant (CDBG) supports low- and moderate-income persons by providing decent housing, suitable living environments and expanding economic opportunities. Eligible CDBG activities include: park improvements, alley and street improvements, facility improvements, homeownership assistance, housing rehabilitation, economic development, and public services that benefit low- and moderate-income residents.

HOME Investment Partnerships Program
The HOME Investment Partnerships Program (HOME) supports low-income persons with expanded housing opportunities. Eligible HOME activities include: rental housing, homeowner rehabilitation, homebuyer programs and tenant-based rental assistance.

Emergency Solutions Grant
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The Emergency Solutions Grant (ESG) supports moving homeless persons into stable housing with supportive services, with the goal of self-sufficiency. Eligible ESG activities include: street outreach, emergency shelter operations, rental assistance and supportive services.

DISCUSSION
The current Regional Consolidated Plan expires June 30, 2025. In preparation for the plan expiring, the County of Ventura, serving as the lead agency, along with all incorporated cities and unincorporated areas of Ventura County, issues a joint Request for Proposal. They invited qualified organizations to submit proposals for the preparation of the 2025- 2029 Consolidated Plan and Analysis of Impediments to Fair Housing Choice. Three (3) proposals were submitted by the following organizations: MDG Associates, Incorporated (MDG), TDA Consulting, Incorporated and Veronica Tam and Associates, Incorporated.

After a thorough review of all proposals, MDG was selected. MDG has over thirty-four (34) years of experience providing consulting services to government agencies, with a focus on planning and administering programs funded by HUD.

Citizen Participation
As part of the development, MDG led community outreach in an effort to provide an opportunity for citizens, non-profit organizations and other stakeholders to help define priorities for addressing local community needs. Robust county-wide outreach was completed by way of community meetings and surveys. In total, sixty-two (62) Oxnard residents or stakeholders participated in the development of the Consolidated Plan and AI.

A copy of the Citizen Participation Plan is attached to this report (Attachment 1). 2025-2029 Ventura County Regional Consolidated Plan
To develop the 2025-2029 Ventura County Regional Consolidated Plan (Regional Consolidated Plan), qualitative and quantitative data was gathered through citizen and stakeholder participation, a market analysis, and an assessment of local data.

The plan puts forth the following regional goals to meet high-priority needs:

1. Improve the supply of affordable housing.

2. Increase and improve social services.

3. Work to end homelessness.

4. Create and maintain quality neighborhoods.

5. Promote economic development.

6. Effective administration.

A copy of the Regional Consolidated Plan is attached to this report (Attachment 2). 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice The 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice (AI) drew from much of the work that was completed as part of the 2021-2029 Housing Element. As part of the state-mandated Housing Element, California jurisdictions must conduct a fair housing assessment that includes an analysis of fair housing issues, identify the factors that contribute to those issues and meaningful actions to affirmatively further fair housing. The AI put forth numerous fair housing goals to address the four (4) fair housing issues identified in the plan.

Listed below are some of the goals identified in the plan.

1. Facilitate the creation of affordable housing in high resource areas.

2. Distribute information regarding fair housing, tenant rights, rehabilitation loans, first-time home buyers and Section 8 programs.

3. Actively recruit residents from neighborhoods of concentrated poverty to serve or participate on boards, committees and other local government bodies.

4. Prioritize green infrastructure investment in areas of concentrated poverty. 295

5. Encourage the construction of ADU’s.

A copy of the AI is attached to this report (Attachment 3). 2025-2026 Annual Action Plan
Each year, the City of Oxnard must submit an Annual Action Plan (AAP) which serves as an application for its three entitlement grant programs referenced above. The AAP identifies specific activities, goals and funding allocations for the year.

The City of Oxnard is expected to receive an award of $1,888,317 in CDBG, $535,916 in HOME, and $175,122 in ESG in fiscal year 2025-2026. In addition, the Housing Department estimates program income in the amount of $100,000 from CDBG, and $150,000 from HOME, which will increase the total allocation to $2,849,355. These are estimates until HUD provides the actual award allocations. Staff will adjust the subawards in accordance to the actuals received.

CBDG Program Funding
The estimated allocation and program income is $1,988,317. The use of funds will be capped according to the HUD regulations for: (1) Administration and Planning - no more than 20%, or $397,663 and (2) Public Services up to 15%, or $298,247. The balance of $1,292,407 will be distributed as Public Improvements and Other Programs in the Annual Action Plan.

ESG Program Funding
The estimated allocation is $175,122. The use of funds will be capped according to the HUD regulations for: (1) Administration and Planning - no more than 7.5% or $13,134 and (2) Emergency Shelter and Street Outreach cost is no more than 60%, or $105,073. The balance of $56,915 will be distributed for Homeless Prevention, HMIS, and Rapid Re-Housing eligible activities, as detailed in the Annual Action Plan.

HOME Program Funding
The estimated allocation and program income is $685,916. The uses of funds will be capped according to the HUD regulations for: (1) HOME Administration and Planning costs are no more than 10% or $68,591 and (2) Community Housing Development Organization (CHDO) - cost is no more than 15% of the allocation (not including program income), or $80,387. The balance of $536,938 will be distributed to an affordable housing project as gap financing.

Unlike the above grants, a specific application window is not opened for this grant. Rather, developers are asked to apply when projects are ready for funding.

A copy of the AAP is attached to this report (Attachment 4).

Annual Action Plan Funding Recommendations
Annually, the Housing Department issues a Notification of Funding Availability (NOFA) for non-profits and city departments to apply for CDBG and ESG funding. In order to apply, proposers are required to attend a mandatory workshop to learn about the application process and federal regulations. Applications were received from February 3, 2025 through March 3, 2025.

The Housing department received nineteen (19) CDBG applications and six (6) ESG applications. CDBG Public Service applicants cumulatively requested $659,000, while the total funding available in this category is $298,247. The Public Improvements and Other Programs CDBG applicants requested $2,169,432, while the total funding available in this category is $1,292,407.

ESG applicants cumulatively requested a total of $303,170, while the total funding available is $161,988.

In addition to recommending funding for the allowed Administration and Planning percentages to both CDBG and ESG, Staff recommends awarding ten (10) CDBG applications and three (3) ESG applications funding. A list of the applications (Attachment 5) and funding recommendations (Attachment 6) is attached to this report.

Public Hearings
On December 18, 2024, staff conducted the first of two public hearings required for the adoption of the three plans. The first public hearing provided the community with an overview of the three plans, shared data and initial findings and 296
offered the community an opportunity to provide input. The second public hearing is scheduled for May 6, 2025, during the City Council meeting.

There is a 30-day public comment period for members of the public to comment on all three documents. The comment period is scheduled for April 4, 2025 to May 6, 2025. Public comments will be accepted up to the City Council’s closing of the public hearing. The drafts of the Regional Consolidated Plan, AI and AAP are available electronically on the City of Oxnard Housing Department, Grants Management website.

Submitting the Plans to HUD
If the City Council approves the recommended action, staff will submit all three plans to HUD for approval. The plans are typically due to HUD on May 17, 2025. However, due to federal budget delays, MDG is recommending to hold off submission until HUD's budget is finalized, and the City is notified of its allocation.

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

FINANCIAL IMPACT
Funds identified in this report and subsequent attachment are new funding allocations that will be included in the FY2025-26 recommended budget. The 2025-2026 Annual Action plan outlines how the City of Oxnard plans to allocate its three entitlement grant programs for the fiscal year 2025-2026 budget. This includes the 2025-2026 HUD grant allocation estimates of $1,988,317 in CDBG, $685,916 in HOME and $175,122 in ESG. The grand total of available resources is estimated at $2,849,355.
(For Finance Use Only: CDBG Fund 201, HOME Fund 202 and ESG Fund 203)

COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on April 8, 2025, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brenda Lopez, Interim Housing Director

ATTACHMENTS

1. Attachment 1 - Citizen Participation Plan

2. Attachment 2 - Regional Consolidated Plan

3. Attachment 3 - Regional Analysis of Impediments

4. Attachment 4 - 2025-26 Annual Action Plan

5. Attachment 5 - Applications List

6. Attachment 6 - Funding Recommendations

7. Attachment 7 - Powerpoint Presentation
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298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
2025-2029 Consolidated Plan
DRAFT - April 2025
2025-2029 Action Plan
316
Ventura County Regional Consolidated
Plan
Table of Contents
Executive Summary......................................................................................................... Section 1 Process .......................................................................................................................... Section 2 Needs Assessment ......................................................................................................... Section 3 Market Analysis............................................................................................................... Section 4 Strategic Plan.................................................................................................................. Section 5 Stakeholder Invitations..................................................................................................Appendix 1 Resident Survey Results ................................................................................................Appendix 2 317
Section 1:

Executive Summary
318
Ventura County Regional Consolidated Plan – DRAFT Executive Summary - 1 Executive Summary

ES-05 Executive Summary – 24 CFR 91.200(c), 91.220(b)
The Ventura County Regional Five-Year Consolidated Plan (the Consolidated Plan) is a collaborative document between all incorporated cities and the unincorporated areas of Ventura County, California. Collaborating in the development of the Consolidated Plan are the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, San Buenaventura (City of Ventura), Simi Valley, and Thousand Oaks. The County of Ventura (County) is the lead agency in the development of this Consolidated Plan.

The Consolidated Plan is a means of assessing Ventura County’s affordable housing and community development needs; analyzing housing markets; articulating priorities, goals, and strategies to address identified needs; and describing the actions that will be taken to implement strategies for affordable housing and community development.

The Consolidated Plan is mandated by federal law and regulations promulgated by the U.S.

Department of Housing and Urban Development (HUD) to receive federal funding for affordable housing and community development initiatives benefitting primarily low- and moderate-income persons. This Consolidated Plan consolidates into a single document the planning and application requirements for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) programs.

This Consolidated Plan is for the following HUD funded programs for the 2025-2029 period.

Community Development Block Grant (CDBG): CDBG provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for lowand moderate-income persons.

HOME Investment Partnerships Program (HOME): HOME funds a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people.

Emergency Solutions Grant (ESG): ESG assists people with quickly regaining stability in permanent housing after experiencing a housing crisis and/or homelessness.

Jurisdiction Community
Development Block
Grant (CDBG)
HOME Investment
Partnerships
Program (HOME)
Emergency Solutions
Grant (ESG)
Camarillo X *
Oxnard X X X
San Buenaventura X X
Simi Valley X *
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Ventura County Regional Consolidated Plan – DRAFT Executive Summary - 2 Thousand Oaks X *
Ventura Urban
County
X X
Table ES-1: Entitlement Grant Allocation
*Camarillo, Simi Valley and Thousand Oaks are members of the Ventura Urban County HOME Consortium and receive HOME funds through the County.

Throughout this document the following geographic terms will be used:
• Ventura County: Includes the entirety of the planning area considered under this Consolidated Plan: the 10 incorporated cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks, and unincorporated areas of Ventura County. Also identical to the Oxnard-Thousand OaksVentura Metropolitan Statistical Area (MSA). • Ventura Urban County: A multi-jurisdictional Community Development Block Grant (CDBG) entitlement, made up of the cities of Fillmore, Moorpark, Ojai, Port Hueneme, Santa Paula, and unincorporated areas of Ventura County. Ventura County is the “lead entity” and official U.S. Department of Housing and Urban Development (HUD) Entitlement Jurisdiction for Ventura Urban County.
• Unincorporated County: Includes all unincorporated areas of Ventura County (areas not part of any municipalities).
• Entitlement Jurisdictions: The entitlement jurisdictions receive and manage their own CDBG funding from HUD. They are the cities of Camarillo, Oxnard, San Buenaventura, Simi Valley, and Thousand Oaks, and the Ventura Urban County. • San Buenaventura: Also called “City of Ventura.” “San Buenaventura” is the official (legal) name of the city used by both local and federal government for ordinances, legal matters, U.S. Census Data, and HUD.

The following terms are used within the Consolidated Plan:
• HAMFI: HUD Area Median Family Income. The median family income calculated by HUD for each jurisdiction to determine Fair Market Rents income limits for HUD programs. HAMFI will not necessarily be the same as other calculations of median incomes (like the U.S.

Census).
• Household: All people living in a housing unit. Members of a household can be related or unrelated.
• Housing Problems: Four housing problems as described in HUD Comprehensive Housing Affordability Strategy (CHAS) data: 1) housing unit lacks complete kitchen facilities; 2) housing unit lacks complete plumbing facilities; 3) household is overcrowded; and 4) household is cost burdened. A household is said to have a housing problem if they have any one or more of these four problems.
• LMI: Low- and Moderate-Income as defined by the U.S. Department of Housing and Urban Development, a status determined by gross household income and family size. • Overcrowding: More than 1 person per room not including bathrooms, porches, foyers, halls, or half-rooms.
• Severe overcrowding: More than 1.5 persons per room not including bathrooms, porches, foyers, halls, or half-rooms.
• Cost burden: Monthly housing costs (including utilities) exceeding 30 percent of monthly income.
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Ventura County Regional Consolidated Plan – DRAFT Executive Summary - 3 • Severe cost burden: Monthly housing costs (including utilities) exceeding 50 percent of monthly income.
• Senior: Labeled “Elderly” by the U.S. Census Bureau and HUD. People aged 62 and up. “Frail elderly” within U.S. Census data are those aged 75 and up. • Disabled: Any one or more of four different physical or cognitive limitations: hearing or vision impairment, ambulatory limitation, cognitive limitation, or independent living limitation. Individuals may have more than one type of disability.

Ventura Urban County and the participating entitlement jurisdictions anticipate receiving the following grant amounts in the fiscal year 2025. Projections for the entire five-year period are noted; however, these projected amounts are expected to change based on federal allocations made annually and do not include anticipated program revenue or prior year funds.

Grantee FY2025 Projected Allocation FY2025 – FY2029 Projected Allocation
Ventura County CDBG: $1,428,843
HOME: $1,221,315
CDBG: $7,144,215
HOME:$ 6,106,575
Camarillo CDBG: $350,107 CDBG: $1,750,535
Oxnard CDBG: $2,100,000
HOME: $600,000
ESG: $200,000
CDBG: $10,500,000
HOME: $3,000,000
ESG: $1,000,000
San Buenaventura CDBG: $677,690
HOME: $393,672
CDBG: $3,388,450
HOME: $1,968,360
Simi Valley CDBG: $672,694 CDBG: $3,363,470
Thousand Oaks CDBG: $607,042 CDBG: $3,035,210
Table ES-2: Projected Allocations
The Consolidated Plan consists of the following sections:
• The Process describes the consultation and citizen participation process undertaken to collect information from residents and stakeholders on community conditions and needs. • The Needs Assessment analyzes needs related to affordable housing, special needs housing, community development, and homelessness.
• The Market Analysis examines demographics, the supply of affordable units, the regional housing market, and other conditions that impact community needs and the programs that address these needs.
• The Strategic Plan identifies specific goals for each jurisdiction based on the highest priority needs informed by the Needs Assessment, Market Analysis, and extensive consultation with community groups and citizens.

The plan will also include an Annual Action Plan for the first year of the Consolidated Plan for each of the entitlement jurisdictions, which will describe the planned investment of federal resources to implement specific activities that meet the year’s strategic goals. 321
Ventura County Regional Consolidated Plan – DRAFT Executive Summary - 4 Goals
To develop the strategy contained in this Consolidated Plan for allocating and leveraging entitlement grants, the County used several methods to analyze its housing and community development needs, including surveying residents and stakeholders; analyzing U.S. Census, American Community Survey (ACS) and other economic and demographic data; and using information from various County offices and reports.

The County and entitlement jurisdictions have established the following goals:

1. Improve the supply of affordable housing

2. Increase and improve social services

3. Work to end homelessness

4. Create and maintain quality neighborhoods

5. Promote economic development

6. Effective administration
Evaluation of past performance
HUD’s Office of Community Planning and Development (CPD) seeks to support the development of communities that feature decent housing, a suitable living environment, and expanded opportunities for Low- and Moderate-Income (LMI) populations. To ensure entitlement jurisdictions are striving to achieve that vision, HUD requires annual submissions of Consolidated Annual Performance and Evaluation Reports (CAPERs).

During the last Consolidated Plan cycle (excluding the current program year), the entitlement jurisdictions in Ventura County have collectively achieved the following accomplishments:

FY2020 – FY2023 Accomplishments
Goal Goal Outcome Indicator # of Beneficiaries
Create quality neighborhoods Persons benefitting from
public facility and
infrastructure improvements
221,312
Enhance economic stability Businesses assisted
Jobs created/ retained
250
16 Improve supply of affordable
housing
Rental units rehabilitated
Homeowner housing added
Homeowner housing
rehabilitated
Direct financial assistance to
homebuyers
Housing code enforcement
341
5 168
9 4.893
322
Ventura County Regional Consolidated Plan – DRAFT Executive Summary - 5 Increase social services Persons benefitting from
public services
Homeless person overnight
shelter
48,252
24 Work to end homelessness Rapid re-housing
Homeless person overnight
shelter
Homeless prevention
Persons benefiting from public
services
90 1,255
260
2,144
Table ES-3: FY2020 – FY2023 Accomplishment Summary
Summary of citizen participation process and consultation process As a part of the Consolidated Plan process, Ventura County conducted a public outreach campaign to gather resident and stakeholder feedback on housing and community development needs across the community. Such input from stakeholders – including community members, housing professionals, and service providers – enabled Entitlement Jurisdictions to more accurately capture and strengthen their assessment of community needs. Over a period of three months, community engagement efforts included eight community meetings, three stakeholder meetings and two surveys (one administered to residents and another to stakeholders), and a 30-day public review period. The following sections describe how each of these activities collected valuable information from the community and facilitated the development of this report.

Summary of comments or views not accepted and the reasons for not accepting them All public comments were accepted and incorporated into the Consolidated Plan. 323
Section 2:

Process
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Ventura County Regional Consolidated Plan – DRAFT Process - 1 Process
PR-05 Lead & Responsible Agencies – 24 CFR 91.200(b)
Describe agency/entity responsibilities for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

The following agencies and entities are responsible for preparing the Consolidated Plan and for the administration of each grant program and funding source.

Role Name Department/Agency
Lead Agency Ventura County
CDBG Administrator Ventura County Community Development HOPWA Administrator Ventura County
HOME Administrator Ventura County Community Development ESG Administrator Ventura County Community Development
HOPWA-C Administrator
Table Process-1: Consolidated Plan Responsible Agencies and Entities The Ventura Regional Consolidated Plan includes the following programs:
• City of Camarillo CDBG Program – Community Development Department • City of Oxnard CDBG, HOME, and ESG Programs- Housing Department • City of Simi Valley CDBG Program – Environmental Services Department • City of Thousand Oaks CDBG Program – Community Development Department • City of San Buenaventura CDBG and HOME Programs – Community Development Department
• Ventura Urban County CDBG, HOME, and ESG Programs – Community Development Division of the County Executive Office
Consolidated Plan Public Contact Information
• City of Camarillo: James Fowler, Senior Planner, Community Development Department, 601 Carmen Drive, Camarillo, CA 93010, 805-388-5363.
• City of Oxnard, Denise Ledesma, Housing Department, 435 South D Street, Oxnard, CA 93030, 805-385-7493.
• City of San Buenaventura: Lee Sherman, Community Development Department, 501 Poli Street, Ventura, CA 93001, 805-654-7869.
• City of Simi Valley: Julia Ramirez, Environmental Services Department, 2929 Tapo Canyon Rd., Simi Valley, CA 93063, 805-583-6759.
• City of Thousand Oaks: Lynn Oshita Community Development Department, 2100 Thousand Oaks Blvd., Thousand Oaks, CA 91362, 805-449-2391.
• Ventura Urban County: Kimberlee Albers, Deputy Executive Officer,County Executive Office, 800 S. Victoria Ave., Ventura, CA 93009, 805-654-2455.
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Ventura County Regional Consolidated Plan – DRAFT Process - 2 PR-10 Consultation – 91.100, 91.200(b), 91.215(l)
Introduction
Part of the Consolidated Plan development process included a public outreach campaign to gather input from a diverse group of residents and stakeholders in Ventura County. Stakeholders included nonprofit organizations, affordable housing providers, service providers, government agencies, and advocacy organizations, all of whom work with low- and moderate-income members of the community. Outreach efforts are summarized in the Executive Summary and Citizen Participation sections of this report. A list of the stakeholders invited to participate in the Consolidated Plan process is provided in Appendix 1. The results of the survey are summarized in Appendix 2.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies (91.215(l).

To identify local and regional stakeholders, Ventura County and its participating jurisdictions began by reviewing and updating contact lists from prior Consolidated Planning efforts. During the current planning cycle, the County invited over 200 agencies to participate in the planning process. These included:
• Service providers that address the needs of low- and moderate-income households as well as targeted populations such as persons with special needs or disabilities; • Affordable housing providers;
• Housing advocates;
• Housing professionals;
• Public agencies (such as school districts, health services, public works); • Economic development and employment organizations; and • Community and neighborhood groups.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly homeless individuals and families, families, with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

Ventura County coordinated with homeless service agencies across the Ventura County Continuum of Care Alliance in an effort to better address the needs of homeless populations. Consultation with the Continuum of Care provided valuable information on homelessness and available resources in the region. Several agencies and organizations that provided housing and/or supportive services for homeless populations also attended focus group workshops and community meetings.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies, and procedures for the administration of HMIS.

Ventura County and its participating entitlement jurisdictions will consult the Continuum of Care when determining funding priorities to guide the review of applications received during the annual 326
Ventura County Regional Consolidated Plan – DRAFT Process - 3 request for proposals. Through the course of the Consolidated Plan cycle, Ventura County and its participating entitlement jurisdictions will seek regular input and feedback from the CoC to ensure that activities and outcomes are aligned and coordinated.

Identify any agency types not consulted and provide rationale for not consulting.

Ventura County and its participating jurisdictions contacted over 200 agencies in its public outreach efforts and consulted all applicable agency types. No applicable agency types were intentionally excluded in this process.

Other local/regional/state/federal planning efforts considered when preparing the Plan.

Name of Plan
Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Continuum of
Care Alliance
The Ventura County Continuum of Care consists of a Board of Directors established consistent with 24 CFR 578.5(b), with broad representation from government, homeless service providers, emergency response, health care, housing providers, business community, faith community, and homeless/formerly homeless persons. The Continuum of Care Alliance, a collaborative group dedicated to promoting a safe, desirable and thriving community, works to garner communitywide commitment to preventing and ending homelessness in all parts of the region. The CoC recommends allocations of federal and state resources to address homelessness, which complements priority objectives identified in this Regional Consolidated Plan.

Ventura County
Homelessness Plan
Continuum of
Care Alliance
Establishes core requirements, practices and recommendations to end homelessness in Ventura County.

Housing Elements Camarillo,
Oxnard, San
Buenaventura,
Simi Valley,
Thousand Oaks,
Ventura County
The Consolidated Plan goals were compared to the goals and objectives of the Housing Elements for each jurisdiction to ensure that there were consistent objectives in promoting activities for low- and moderate-income communities.

Table Process-2: Other Planning Efforts Considered
Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)).

Ventura County consulted each participating jurisdiction in the Regional Consolidated Plan to gather local housing and community development needs for the next five years. The Ventura County Continuum of Care is a collaboration of city, county, and public agency staff, private nonprofit organizations, and community organizations. The County Executive Office of the County of Ventura is the Collaborative Applicant for Continuum of Care funding within the County. As required by the CoC Interim Rule, a CoC Governance Structure has been established, and is staffed by the Collaborative Applicant. The governance structure includes a governing Board, CoC Committee, 327
Ventura County Regional Consolidated Plan – DRAFT Process - 4 four Standing Committees, and working groups as needed. One of these committees, the Data Performance and Evaluation committee, is tasked with developing performance standards, policies, and procedures for provision of homeless services in the Continuum. Part of these efforts include consultation with service providers and organizations such as the National Alliance to End Homelessness, and HUD.

Furthermore, the Housing Authorities within the County collaborate with health and social service agencies to provide additional or expanded services for target populations. The Housing Authorities also participate in Continuum of Care planning and subcommittee meetings with service providers. 328
Ventura County Regional Consolidated Plan – DRAFT Process - 5 PR-15 Citizen Participation - 91.105, 91.200 ( c )
Summary of citizen participation process/Efforts made to broaden citizen participation.

Summarize citizen participation process and how it impacted goal-setting As a part of the Consolidated Plan process, Ventura County conducted a public outreach campaign to gather resident and stakeholder feedback on housing and community development needs across the community. Such input from stakeholders – including community members, housing professionals, and service providers – enabled Entitlement Jurisdictions to more accurately capture and strengthen their assessment of community needs. Over a period of three months, community engagement efforts included eight community meetings, three stakeholder meetings and two surveys (one administered to residents and another to stakeholders), and a 30-day public review period. The following sections describe how each of these activities collected valuable information from the community and facilitated the development of this report.

All meetings included translation services and the survey was presented in English and Spanish.

In addition, the County’s public outreach campaign included a general public relations component in which the following informational materials were made publicly available to encourage public participation:
• A project web page hosted by Ventura County
• Public meeting and survey notices via paper flyers and Internet social media Citizen Participation Outreach Methods
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments
received
Summary
of
comments
not
accepted
and
reasons
URL (If
applicable)
1 Community
Meeting
Camarillo
(10/7/24)
General Public Participants included
residents of Camarillo
and the surrounding
communities in the
region.