Cost overruns must be approved by FEMA Region IX before implementation and the subgrant must continue to meet programmatic eligibility requirements, including cost effectiveness and cost share. Additional information can be found in 2 CFR Part 200.
Upon completion of the Phase One, all remaining cost underruns must be applied to the Phase Two funding or de-obligated if the proposed project is not eligible.
4. Phase Two Construction – The subrecipient is not to initiate Phase Two activities such as contractor selection, and construction until FEMA provides written notification that the review process is completed, including compliance with the National Environmental Policy Act (NEPA) laws and regulations.
5. Phase Two Completion Date – If FEMA awards Phase Two construction funding for this project, award activities are expected to be completed within the HMGP Period of Performance (POP).
The POP completion date for this disaster, 4344-DR-CA is April 2, 2023. Work completed after this date will not be eligible for federal funding, and federal funds may be de-obligated for work not completed within schedule if there is no approved time extension.
6. National Environmental Policy Act (NEPA) – Phase One (Design) of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision
1. Categorical Exclusions a4 and a7 have been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding.
7. This award of funds is subject to the enclosed Standard Hazard Mitigation Grant Program Conditions, amended August 2018. Federal funds may be de-obligated for work that does not comply with these conditions.
If you have any questions or need further assistance please contact me, or your staff may contact Linda Ortiz, Hazard Mitigation Assistance Specialist, at [email protected].
Sincerely,
For
Juliette Hayes
Director
Mitigation Division
FEMA Region IX
cc: Jennifer Hogan, State Hazard Mitigation Officer
Robert Aguilar, Cal OES
Robin Shepard, Cal OES
Monika Saputra, Cal OES
Enclosures (4):
Supplement #39 Obligation Report
Project Management Report
Record of Environmental Considerations
Standard HMGP Conditions
ITEM #L-2
90 669
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4353 - 0 47 1 39 CA Statewide
Project Title : Oxnard, Mandalay Bay Seawalls Structural RetrofitOxnardSubrecipient:
Subrecipient FIPS Code: 111-54652
41 R
Obligation Report w/ Signatures
14:35 HAZARD MITIGATION GRANTS PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY06/24/2020 HMGP-OB-02 Total Amount
Previously Allocated
Total Amount
Previously Obligated
$132,562.50 $132,562.50 $0.00$0.00
Total Amount Available
for New Obligation
Total Amount
Pending Obligation
FY
Subrecipient Management
Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $0.00$132,562.50 2020$132,562.50 06/23/2020 Accept
KAREN MOJICA
LINDA ORTIZ
Authorization
Preparer Name:
HMO Authorization Name:
Preparation Date: 06/23/2020
HMO Authorization Date: 06/23/2020
Comments
Comment: Approved funding for Mandalay Bay Seawall Retrofit User Id:Date: 06/23/2020 KMOJICA
Authorizing Official Title Authorization DateAuthorizing Official Signature Authorizing Official Signature Authorizing Official Title Authorization Date
ITEM #L-2
91 670
FEMA
Project Number
State RecipientAmendment
Number
App IDDisaster
Number
41 - R
Oxnard
111-54652
Subrecipient:
FIPS Code: Project Title : Oxnard, Mandalay Bay Seawalls Structural Retrofit CA Statewide0 474353
HMGP-AP-01FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
06/24/2020
2:37 PM
Project Management Report
Approved Amounts
Total Approved
Net Eligible
Total Approved
Non-Fed Share Amount
Federal
Share Percent
Non-Federal
Share Percent
Total Approved
Federal Share Amount
$44,187$176,750 75.000000000 $132,563 25.00000000
FY
Allocations
Allocation
Number
IFMIS
Status
Proj Alloc Amount
Fed Share
IFMIS
Date
Submission
Date
ES/DFSC
Support Req
ID
ES/DFSC
Amend Nr
Total
Alloc Amount
Subrecipient
Management Cost
22 $132,562.50A 06/22/2020 202006/22/2020 2916866 12 $380,812.50$0.00 Total $132,562.50 $380,812.50$0.00
Work Schedule Status
Description Amend # Time Frame Due Date Revised Date Completion Date Phase I: Design . 00/00/0000 00/00/0000 00/00/00000
Notice of Sub-application Approval 1D 00/00/0000 00/00/0000 00/00/00000 Kick Off Meeting 1D 00/00/0000 00/00/0000 00/00/00000
Task 1: Project Management 18M 00/00/0000 00/00/0000 00/00/00000 Task 2: Design/Engineering 7M 00/00/0000 00/00/0000 00/00/00000 ask 3: Environmental Document Update and Permittin 18M 00/00/0000 00/00/0000 00/00/00000 Phase II: Construction . 00/00/0000 00/00/0000 00/00/00000 Task 4: Project Management 16M 00/00/0000 00/00/0000 00/00/00000 Task 5: Bidding 2M 00/00/0000 00/00/0000 00/00/00000
Council Approval 1D 00/00/0000 00/00/0000 00/00/00000
Mobilization 1M 00/00/0000 00/00/0000 00/00/00000
Task 6: Construction Management 10M 00/00/0000 00/00/0000 00/00/00000 Task 7: Construction/Inspection 9M 00/00/0000 00/00/0000 00/00/00000 Demobilization 1W 00/00/0000 00/00/0000 00/00/00000
Project Close-out 1M 00/00/0000 00/00/0000 00/00/00000
Grant Close-out 3M 00/00/0000 00/00/0000 00/00/00000
Approved
Project Title :
Recipient Place Code :
Recipient Place Name :
Recipient County Code :
Recipient County Name :
Recipient :
Project Closeout Date :
111
Ventura
Statewide
Oxnard
0 00/00/0000
Oxnard, Mandalay Bay Seawalls Structural Retrofit
Subrecipient Place Code :
Subrecipient Place Name :
Subrecipient County Code :
Subrecipient County Name :
Subrecipient :
54652
Oxnard
Ventura
111
Oxnard
Approval Status: Approved
Mitigation Project Description
Amendment Status :
ITEM #L-2
92 671
FEMA
Project Number
State RecipientAmendment
Number
App IDDisaster
Number
41 - R
Oxnard
111-54652
Subrecipient:
FIPS Code: Project Title : Oxnard, Mandalay Bay Seawalls Structural Retrofit CA Statewide0 474353
HMGP-AP-01FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
06/24/2020
2:37 PM
Project Management Report
Obligations
Action
Nr
IFMIS
Status
IFMIS
Date
SFS Amend
Number
Submission
Date FY
SFS Support
Req ID
Project Obligated
Amt - Fed Share
Total Obligated
Amount
Subrecipient
Management Cost
Suppl
Nr
06/23/2020 006/23/2020 2020 3019818 $132,562.501 A $132,562.50$0.0039 Total $132,562.50 $132,562.50$0.00
ITEM #L-2
93 672
06/11/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
23:42:53
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4353-47-41 (Phase 1 - Design)
Mandalay Bay Seawall Retrofit (Phase 1 - Design)
Non Compliant Flag:
Level:
EA Draft Date: EA Final Date:
EA Public Notice Date: EA Fonsi
EIS Notice of Intent EIS ROD Date:
No
CATEX
Comment The City of Oxnard is proposing to retrofit the existing seawall at Mandalay Bay (34.18088, -119.22364) to prevent failure of seawalls due to severe deterioration of its current condition and during a design- level seismic event. Phase 1 will consist of the development of project designs and permitting review, and designs will be reviewed in Phase 2 prior to construction activities.
Phase 1 (Design) of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023- 01-001-01, Revision 1. Categorical Exclusions a4 (information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents) and a7 (commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature) have been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - dcohen3 - 06/11/2020 23:41:54 GMT
NEPA DETERMINATION
Description SelectedCatex Category Code
(a4) Information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents. If any of these activities result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include but are not limited to: (a) Document mailings, publication and distribution, training and information programs, historical and cultural demonstrations, and public affairs actions. (b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non-intrusive intelligence gathering activities.
a4
Yes
(a7) The commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature. If any of these commitments result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include, but are not limited to: (a) Activities designed to support the improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological sites; wetland delineations; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and interpretation. (b) Minimally-intrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys. (c) Conducting Facility Audits, Environmental Site Assessments and Environmental Baseline Surveys, and (d) Vulnerability, risk, and structural integrity assessments of infrastructure. a7
Yes
CATEX CATEGORIES
Description Selected ?Extraordinary Circumstance Code
No Extraordinary Circumstances were selected
EXTRAORDINARY
ITEM #L-2
94 673
06/11/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
23:42:53
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4353-47-41 (Phase 1 - Design)
Mandalay Bay Seawall Retrofit (Phase 1 - Design)
Environmental Law/
Executive Order Description CommentStatus
Clean Air Act (CAA) Project will not result in permanent air emissions - Review concluded
Completed
Coastal Barrier Resources Act
(CBRA)
Project is not on or connected to CBRA Unit
or otherwise protected area - Review
concluded
Completed
Clean Water Act (CWA) Project would affect waters, including wetlands, of the U.S.
Completed
Project may require Section 404/401 or
Section 9/10 (Rivers and Harbors Act)
permit, including qualification under
Nationwide Permits - Review concluded
Completed
Coastal Zone Management Act
(CZMA)
Project is located in a coastal zone area
and/or affects the coastal zone
Completed
State administering agency requires
consistency review - Review concluded
Completed
Executive Order 11988 -
Floodplains
Located in floodplain or effects on
floodplain/flood levels
Completed
No adverse effect on floodplain and not
adversely affected by the floodplain - Review
concluded
Completed
Executive Order 11990 -
Wetlands
No effects on wetlands and project outside
wetlands - Review concluded
Completed
Executive Order 12898 -
Environmental Justice for Low
Income and Minority Populations
Low income or minority population in or near
project area
Completed
No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Completed
Endangered Species Act (ESA) Listed species and/or designated critical habitat present in areas affected directly or
indirectly by the federal action
The proposed action is to provide funding to the
subrecipient for Phase 1 design development,
without any proposed physical disturbance.
These actions would result in no impacts to
endangered species. ESA review will need to be
completed prior to implementing any subsequent
phases of the project. The proposed scope of
work for program design and development will
not destroy or adversely modify suitable habitat
and will not affect any other listed or proposed
species. It is therefore determined the
Completed
ENVIRONMENTAL LAW / EXECUTIVE ORDER
ITEM #L-2
95 674
06/11/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
23:42:53
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4353-47-41 (Phase 1 - Design)
Mandalay Bay Seawall Retrofit (Phase 1 - Design)
Environmental Law/
Executive Order Description CommentStatus
proposed action would have No Effect on listed
species and consultation with the Services under
Section 7 of the Endangered Species Act is not
required. - dcohen3 - 06/11/2020 22:27:30 GMT
No effect to species or designated critical
habitat (See comments for justification) -
Review concluded
Completed
Farmland Protection Policy Act
(FPPA)
Project does not affect designated prime or
unique farmland - Review concluded
Completed
Fish and Wildlife Coordination
Act (FWCA)
Project does not affect, control, or modify a
waterway/body of water - Review concluded
Completed
Migratory Bird Treaty Act (MBTA) Project located within a flyway zoneCompleted Project does not have potential to take
migratory birds - Review concluded
Completed
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Project located in or near Essential Fish
Habitat
Completed
Project does not adversely affect Essential
Fish Habitat - Review concluded
Completed
National Historic Preservation Act
(NHPA)
Not type of activity with potential to affect
historic properties - Review concluded</br>
The Project is for Phase 1 design/engineering
only with no ground disturbance or other
resource alteration. It complies with Stipulation
I.A.7.f. (Assistance provided for planning,
studies, design and engineering costs that
involve no commitment of resources other than
staffing and associated funding) of the
Programmatic Agreement among the Federal
Emergency Management Agency (FEMA),
California State Historic Preservation Office
(SHPO), and California Office of Emergency
Services (Cal OES), signed October 29, 2019.
Thus, the Undertaking does not require SHPO
review, and FEMA has no further Section 106
responsibilities in accordance with 36 CFR §
800.3(a)(1). No ground disturbance is proposed
with this undertaking. FEMA must be contacted
prior to any change of the undertaking, including
any potential need for ground disturbance
(including borings or other test for geotechnical
or other purposes) or destructive testing of the
seawall to determine if further review
Completed
ITEM #L-2
96 675
06/11/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
23:42:53
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4353-47-41 (Phase 1 - Design)
Mandalay Bay Seawall Retrofit (Phase 1 - Design)
Environmental Law/
Executive Order Description CommentStatus
for Environmental and Historic Preservation
compliance is needed. Phase 2 of the Project
requires a separate review by FEMA for
compliance with Environmental and Historic
Preservation review, and the Subrecipient must
provide project drawings, specifications, and
other studies to FEMA for this review. - mnowick
- 01/15/2020 17:39:48 GMT
Wild and Scenic Rivers Act
(WSR)
Project is not along and does not affect Wild
and Scenic River - Review concluded
Completed
Special Conditions required on implementation of Projects:
National Historic Preservation Act (NHPA)
This Phase 1 review is for design and engineering services only, and does not include any ground disturbing activities or modification (including destructive testing) of the seawall or other resources. If any ground disturbing activities or modification (including destructive testing) of the seawall or resources is needed as part of Phase I, the Subrecipient must have FEMA's prior written approval evidencing FEMA's compliance with environmental and historic preservation requirements.
NoSource of condition: Monitoring Required:
Standard Conditions:
Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
CONDITIONS
ITEM #L-2
97 676
1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):
1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.
2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.
3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.
4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.
5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.
6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.
7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.
8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.
9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.
10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.
11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.
12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrec
ipient, Recipient, and FEMA.
ITEM #L-2
98 677
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.
14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.
15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.
16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.
17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).
18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.
Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.
\\R9li8a1\mitdata$\05. HMA Grants Management\02. HMGP\HMGP Standard Conditions\Standard HMGP Conditions, August 2018.docx ITEM #L-2
99 678
U.S. Department of Homeland Security
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
August 7, 2020
Mark S. Ghilarducci, Director
Governor’s Authorized Representative
California Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP #4407-431-079R
City of Oxnard, California
Central Trunk Sanitary Sewer Reconstruction – Phase One (Design/Engineering) Supplement #54
Dear Mr. Ghilarducci:
The Federal Emergency Management Agency (FEMA) have approved and issued Hazard Mitigation Grant Program (HMGP) funds for the City of Oxnard (recipient), HMGP #4407-431-079R, Central Trunk Sanitary Sewer Reconstruction – Phase One (Design/Engineering).
The total eligible costs are $217,466. As shown in the enclosed Obligation Report - Supplement #54, we have obligated $163,100 for up to 75 percent federal share; the non-Federal share match is $54,366.
These funds are available in Smartlink for eligible disbursements.
This HMGP grant approval and obligation of funds are subject to the following:
1. Scope of Work (SOW) – The City of Oxnard will install a double barrel siphon and approximately 600 linear feet of pipe for the Central Trunk sanitary sewer system under the Union Pacific railroad tracks. The project will occur in two phases. Phase 1 will consist of design/engineering, environmental review, and permitting. Construction activities would occur during Phase 2, and an additional environmental review will be conducted prior to these activities.
2. Budget Revisions and Cost Overruns - In accordance with the 2015 Hazard Mitigation Assistance Unified Guidance, Part VI D.3, when budget changes are made, all programmatic requirements continue to apply. Additional information regarding budget adjustments and revisions can be found in 2 CFR Part 200.308. The Recipient must obtain FEMA’s prior written approval for any budget revisions.
Cost overruns must be approved by FEMA Region IX before implementation and the subgrant must continue to meet programmatic eligibility requirements, including cost effectiveness and cost share. Additional information can be found in 2 CFR Part 200.
3. Activity Completion Date – The work schedule in the application states the Phase One completion time frame is 18 months. We will annotate February 7, 2022 as the project completion date. Please inform the subrecipient that work completed after this date is not eligible ITEM #L-2
100
679
Mr. Ghilarducci
August 7, 2020
for federal funding, and federal funds may be de-obligated for work not completed within schedule for which there is no approved time extension.
4. Grant Period of Performance – The POP is the period during which the Cal OES is expected to complete all subgrant activities and costs within the grant. For 4407-DR-CA, the POP ends no later than 36 months from the close of the application period or May 14, 2021. Additional extensions beyond the May 14, 2024 POP are approved by FEMA Headquarters. Please refer to Part VI.D.4 of the Guidance and advise the Subrecipient; FEMA may de-obligate Federal funds for any work not completed by February 7, 2022 where no time extension is approved.
5. National Environmental Policy Act (NEPA) – Phase 1 (Design/Engineering) of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision
1. Categorical Exclusions a4 (information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents) and a7 (commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature) have been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding.
6. This award of funds is subject to the enclosed Standard Hazard Mitigation Grant Program Conditions, amended August 2018. Federal funds may be de-obligated for work that does not comply with these conditions.
If you have any questions or need further assistance please contact me, or your staff may contact Thomas Berry, Sr. Hazard Mitigation Assistance Specialist, at [email protected].
Sincerely,
For Juliette Hayes
Director
Mitigation Division
FEMA Region IX
cc: Jennifer Hogan, State Hazard Mitigation Officer
Emily Winchell, Cal OES
Robert Aguilar, Cal OES
Robin Shepard, Cal OES
Monika Saputra, Cal OES
Enclosures (4):
Obligation Report - Supplement #54
Project Management Report
Record of Environmental Considerations
Standard HMGP Conditions
ITEM #L-2
101
680
07/23/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
21:21:03
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4407-431-079 (Phase 1)
Central Trunk Sanitary Sewer Reconstruction (Phase 1 - Design) Non Compliant Flag:
Level:
EA Draft Date: EA Final Date:
EA Public Notice Date: EA Fonsi
EIS Notice of Intent EIS ROD Date:
No
CATEX
Comment The City of Oxnard proposes to install a double barrel siphon and approximately 600 linear feet of pipe for the Central Trunk sanitary sewer system under the Union Pacific railroad tracks. The project would occur in two phases. Phase 1 consisting of design/engineering, environmental review, and permitting.
Construction activities would occur during Phase 2, and an additional environmental review will be conducted prior to these activities.
Phase 1 (Design/Engineering) of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision 1. Categorical Exclusions a4 (information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents) and a7 (commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature) have been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - dcohen3 - 07/23/2020 20:44:18 GMT
NEPA DETERMINATION
Description SelectedCatex Category Code
(a4) Information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents. If any of these activities result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include but are not limited to: (a) Document mailings, publication and distribution, training and information programs, historical and cultural demonstrations, and public affairs actions. (b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non-intrusive intelligence gathering activities.
a4
Yes
(a7) The commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature. If any of these commitments result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include, but are not limited to: (a) Activities designed to support the improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological sites; wetland delineations; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and interpretation. (b) Minimally-intrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys. (c) Conducting Facility Audits, Environmental Site Assessments and Environmental Baseline Surveys, and (d) Vulnerability, risk, and structural integrity assessments of infrastructure. a7
Yes
CATEX CATEGORIES
Description Selected ?Extraordinary Circumstance Code
No Extraordinary Circumstances were selected
EXTRAORDINARY
ITEM #L-2
102
681
07/23/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
21:21:03
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4407-431-079 (Phase 1)
Central Trunk Sanitary Sewer Reconstruction (Phase 1 - Design) Environmental Law/
Executive Order Description CommentStatus
Clean Air Act (CAA) Project will not result in permanent air emissions - Review concluded
Completed
Coastal Barrier Resources Act
(CBRA)
Project is not on or connected to CBRA Unit
or otherwise protected area - Review
concluded
Completed
Clean Water Act (CWA) Project would not affect any water of the U.S. - Review concluded
Completed
Coastal Zone Management Act
(CZMA)
Project is not located in a coastal zone area
and does not affect a coastal zone area -
Review concluded
Completed
Executive Order 11988 -
Floodplains
No effect on floodplain/flood levels and
project outside floodplain - Review concluded
Completed
Executive Order 11990 -
Wetlands
No effects on wetlands and project outside
wetlands - Review concluded
Completed
Executive Order 12898 -
Environmental Justice for Low
Income and Minority Populations
Low income or minority population in or near
project area
Completed
No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Completed
Endangered Species Act (ESA) Listed species and/or designated critical habitat present in areas affected directly or
indirectly by the federal action
The proposed action is to provide funding to the
subrecipient for Phase 1 design development
funds, without any proposed physical
disturbance. These actions would result in no
impacts to endangered species. ESA review will
need to be completed prior to implementing any
subsequent phases of the project. The proposed
scope of work for design development will not
destroy or adversely modify suitable habitat and
will not affect any other listed or proposed
species. It is therefore determined the proposed
action would have No Effect on listed species
and consultation with the Services under Section
7 of the Endangered Species Act is not required.
- dcohen3 - 07/23/2020 21:11:15 GMT
Completed
No effect to species or designated critical
habitat (See comments for justification) -
Review concluded
Completed
ENVIRONMENTAL LAW / EXECUTIVE ORDER
ITEM #L-2
103
682
07/23/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
21:21:03
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4407-431-079 (Phase 1)
Central Trunk Sanitary Sewer Reconstruction (Phase 1 - Design) Environmental Law/
Executive Order Description CommentStatus
Farmland Protection Policy Act
(FPPA)
Project does not affect designated prime or
unique farmland - Review concluded
Completed
Fish and Wildlife Coordination
Act (FWCA)
Project does not affect, control, or modify a
waterway/body of water - Review concluded
Completed
Migratory Bird Treaty Act (MBTA) Project located within a flyway zoneCompleted Project does not have potential to take
migratory birds - Review concluded
Completed
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Project not located in or near Essential Fish
Habitat - Review concluded
Completed
National Historic Preservation Act
(NHPA)
Not type of activity with potential to affect
historic properties - Review concluded</br>
The Undertaking complies with Stipulation
I.A.7.f. (assistance provided for planning,
studies, design and engineering costs that
involve no commitment of resources other than
staffing and associated funding) of the
Programmatic Agreement among the Federal
Emergency Management Agency (FEMA), State
Historic Preservation Office (SHPO) and
California Office of Emergency Services (Cal
OES), signed October 29, 2019. Thus, the
Undertaking does not require SHPO review, and
FEMA has no further Section 106 responsibilities
in accordance with 36 CFR § 800.3(a)(1). No
ground disturbance is proposed. - dcohen3 -
07/23/2020 20:36:56 GMT
Completed
Wild and Scenic Rivers Act
(WSR)
Project is not along and does not affect Wild
and Scenic River - Review concluded
Completed
Standard Conditions:
Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.
CONDITIONS
ITEM #L-2
104
683
07/23/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY
21:21:03
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP 4407-431-079 (Phase 1)
Central Trunk Sanitary Sewer Reconstruction (Phase 1 - Design) If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
ITEM #L-2
105
684
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4407 - 0 431 1 54 CA Statewide
Project Title : City of Oxnard, Reconstruction of the Central Trunk Sanitary SewerOxnardSubrecipient:
Subrecipient FIPS Code: 111-54652
79 R
Obligation Report w/ Signatures
15:35 HAZARD MITIGATION GRANTS PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY08/07/2020 HMGP-OB-02 Total Amount
Previously Allocated
Total Amount
Previously Obligated
$163,099.50 $163,099.50 $0.00$0.00
Total Amount Available
for New Obligation
Total Amount
Pending Obligation
FY
Subrecipient Management
Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $0.00$163,099.50 2020$163,099.50 08/07/2020 Accept
STEVEN SCOTT
THOMAS BERRY
Authorization
Preparer Name:
HMO Authorization Name:
Preparation Date: 08/07/2020
HMO Authorization Date: 08/07/2020
Comments
Comment: Approved Funding for Central Trunk Sanitary Sewer Reconstruction (Phase 1 Design) User Id:Date: 08/07/2020 SSCOTT39
Authorizing Official Title Authorization DateAuthorizing Official Signature Authorizing Official Signature Authorizing Official Title Authorization Date
ITEM #L-2
106
685
FEMA
Project Number
State RecipientAmendment
Number
App IDDisaster
Number
79 - R
Oxnard
111-54652
Subrecipient:
FIPS Code: Project Title : City of Oxnard, Reconstruction of the Central Trunk Sanitary Sewer CA Statewide0 4314407
HMGP-AP-01FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
08/07/2020
3:36 PM
Project Management Report
Approved Amounts
Total Approved
Net Eligible
Total Approved
Non-Fed Share Amount
Federal
Share Percent
Non-Federal
Share Percent
Total Approved
Federal Share Amount
$54,366$217,466 75.000000000 $163,100 25.00000000
FY
Allocations
Allocation
Number
IFMIS
Status
Proj Alloc Amount
Fed Share
IFMIS
Date
Submission
Date
ES/DFSC
Support Req
ID
ES/DFSC
Amend Nr
Total
Alloc Amount
Subrecipient
Management Cost
19 $163,099.50A 08/07/2020 202008/07/2020 2928733 16 $355,803.75$0.00 Total $163,099.50 $355,803.75$0.00
Obligations
Action
Nr
IFMIS
Status
IFMIS
Date
SFS Amend
Number
Submission
Date FY
SFS Support
Req ID
Project Obligated
Amt - Fed Share
Total Obligated
Amount
Subrecipient
Management Cost
Suppl
Nr
08/07/2020 008/07/2020 2020 3043579 $163,099.501 A $163,099.50$0.0054 Total $163,099.50 $163,099.50$0.00
Work Schedule Status
Description Amend # Time Frame Due Date Revised Date Completion Date Phase 1: Design- (Entire Duration Phase One) 18 months 00/00/0000 00/00/0000 00/00/00000 Phase 2: Construction- (Entire Duration Phase Two) 16 months 00/00/0000 00/00/0000 00/00/00000 Approved
Project Title :
Recipient Place Code :
Recipient Place Name :
Recipient County Code :
Recipient County Name :
Recipient :
Project Closeout Date :
111
Ventura
Statewide
Oxnard
0 00/00/0000
City of Oxnard, Reconstruction of the Central Trunk Sanitary Sewer Subrecipient Place Code :
Subrecipient Place Name :
Subrecipient County Code :
Subrecipient County Name :
Subrecipient :
54652
Oxnard
Ventura
111
Oxnard
Approval Status: Approved
Mitigation Project Description
Amendment Status :
ITEM #L-2
107
686
1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):
1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.
2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.
3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.
4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.
5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.
6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.
7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.
8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.
9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.
10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.
11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.
12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.
ITEM #L-2
108
687
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.
14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.
15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.
16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.
17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).
18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.
Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.
\\R9li8a1\mitdata$\05. HMA Grants Management\02. HMGP\HMGP Standard Conditions\Standard HMGP Conditions, August 2018.docx ITEM #L-2
109
688
ITEM #L-2
110
689
ITEM #L-2
111
690
ITEM #L-2
112
691
Mid-Cycle Update to the Five-Year Capital
Improvement Program for Fiscal Years 2025-2029
City Council, May 20, 2025
Morgan Kessler, PE
City Engineer
692
That the City Council:
1. Hold a public hearing to approve and adopt updates to the 2025-2029 City of Oxnard Five-Year Capital Improvement Program;
2. Approve project budget appropriations of $2,310,599 in Fiscal Year 2024-25 consisting of $250,000 from the Circulation System Improvement Fee Fund (Fund 350, Subfund 8040) available fund balance for the Five Points Intersection Improvements Project C2208, $1,050,000 from the Facilities Maintenance Internal Fees Fund (Fund 735) available fund balance for the Elevator Modernization Project C2602, $7,415 from the Tax Allocation Bond (TAB) Fund (Southwinds Project Area, Fund 315) available fund balance for the Southwinds Bench and Trash Enclosures (C2330) and $1,003,184 from the Tax Allocation Bond (TAB) Fund (Ormond Project Area, Fund 315) available fund balance for the Arterial Street Resurfacing Project C2205, as well as the corresponding Capital Outlay Fund (Fund 301) appropriation increase in the same amounts as noted in the financial impact section;
RECOMMENDATION 2
693
3. Approve a project budget appropriation transfer of $201,375 from existing Cultural and Community Services General Fund (Fund 101) operating budget to the Elevator Modernization Project C2602, as well as the corresponding Capital Outlay Fund (Fund 301) appropriation in the same amount as noted in the financial impact section;
4. Authorize the Public Works Director, or designee, to submit a budget modification request for an additional $4,488,171.50 in grant funds from the California Governor’s Office of Emergency Services (Cal OES) and, if awarded, approve necessary budget appropriations for use in the Central Trunk Sewer Pipe Replacement Project (C2029);
5. Approve an interfund transfer reimbursement of $341,960.14 from TAB Fund (Ormond Project Area Fund 315) to Road Maintenance and Rehabilitation Account (RMRA) Fund (Fund 185) for Fiscal Year 2023- 24 street repairs related to the Hueneme Road Resurfacing Project C2205 and any necessary budget appropriations for the transfer; RECOMMENDATION 3
694
6. Approve project budget unappropriations from various funds and subfunds as noted in the financial impact section; and
7. Approve the updates to the Fiscal Year 2025-26 Capital Improvement Program (CIP).
RECOMMENDATION 4
695
• June 4, 2024: City Council approved the 2025-2029 Five-Year Capital Improvement Program (CIP)
• Two year CIP (funding for FY 24-25 and 25-26) allows for better project planning and more efficient use of staff time
• City’s CIP currently has approximately 127 funded projects • Over the five years - total combined value of all projects, including prior appropriations, is approximately $1.1 billion
• Requests for updates and new projects have been received since CIP adoption
BACKGROUND 5
696
Mid-cycle adjustments (2-year CIP) -
• Funding Modifications
• Updated funding amounts and timelines
• Better align with project progress and needs of project in current bidding environment
• Update to correct for outside funds received by the City (i.e Grants and SRF)
• Combining Five Points Intersection Projects
• Due to similar scopes and needed work
• Alignment with Community Feedback
• Adding 11 projects
• Eight with identified funding
• Three without identified funding
• Compliance with regulatory requirements
DISCUSSION 6
697
Proposed additions with identified funding:
DISCUSSION 7
# CIP Title Page Number Proposed Additions
1 John C. Zaragoza Oxnard Transit Center
Signage
TBD Project Description: Updating signage on the Oxnard Transit Center to reflect the name change of "John C. Zaragoza Oxnard Transit Center" as approved by City Council in December 2024 Project Funding*: $200,000 from Measure O Fund
2 Advanced Alley Maintenance Program TBD Project Description: Apply asphalt repair and cape seal surfacing techniques (or similar) to treat alleyways with advanced deterioration. This project will bridge the existing gap between simple temporary alley maintenance (e.g. pothole repair) and full reconstruction. Approximately 10 centerline miles; locations determined based upon prioritization in Citywide Pavement Management Program
Project Funding*: $2,000,000 from Measure O Fund
3 Elevator Modernization - Various City
Locations
TBD Project Description: Several City elevators have exceeded their expected lifespan or require corrective maintenance beyond routine.
Anticipated locations include: Civic Annex (300 West Third St.), Main Library East (251 S A St.), and Police Department (251 S. C St.).
Project Funding*: $1,050,000 from Facilities Internal Service Fee Fund (ISF) and $201,375 in FY 24-25 from General Fund
(Cultural and Community Services Operations)
698
Proposed additions with identified funding:
DISCUSSION 8
# CIP Title Page Number Proposed Additions
4 Citywide HVAC Updates TBD Project Description: Several air handling systems across the City are beyond their useful life and/or require replacement to meet Environmental Protection Agency Rule 608 of the Clean Care Act and the 2006 California Global Warming Solutions Act, AB 32 refrigerant standards. Current priority locations: the South Oxnard Center;
Police Department buildings at 251 C Street and 3001 Sturgis Rd.
Project Funding*: $1,100,000 in FY 25-26 from Facilities Internal Service Fee Fund (ISF)
5 Citywide Lighting Controls Updates TBD Project Description: Emergency lighting controls are outdated and do not work properly. This will address concerns for several City Buildings.
Including: Main Library, South Oxnard Center, South Oxnard Branch Library, Service Center
Project Funding*: $100,000 in FY 25-26 from Facilities Internal Service Fee Fund (ISF)
6 Carriage Square/Eastwood Park TBD Project Description: May include as funding allows: Shade structures over picnic areas, rubberized walking path around perimeter of park, landscape improvements
Project Funding*: $424,000 in FY 25-26 from Quimby Fund 699
Proposed additions with identified funding:
DISCUSSION 9
# CIP Title Page Number Proposed Additions
7 Hobson/Community Center Park East TBD Project Description: May include as funding allows: lighting, rubberized walking track, and landscape improvements.
Project Funding*: $454,000 in FY 25-26 from Quimby Fund 8 Five Points Park TBD Project Description: Develop and build a park design for the 2 vacant lots based on community input.
Project Funding*: $1,300,000 in FY 25-26 from Quimby Fund 700
• As of the drafting of the accompanying staff report, the Planning Commission has not reviewed the updates to the new CIP
projects for General Plan conformity.
• Their review is scheduled for June 5, 2025.
• If needed, Staff will update the City Council on the outcome of the Planning Commission meeting.
Discussion 10
701
Proposed additions without identified funding:
DISCUSSION 11
# CIP Title Page Number Proposed Additions
1 Citywide Streetlight Repair TBD Project Description: This project involves the repair and replacement of City-owned street lights. Locations include, but are not limited to:
Corridors: A Street between 3rd and 7th Street; Harbor Boulevard from San Clemente Avenue to Channel View Park; Oxnard Boulevard center medians between 3rd and 9th Street; Oxnard Shores beach paths.
Bridges: Channel Islands Boulevard; Oxnard Boulevard, Rice Avenue, and Rose Avenue over US 101; Pleasant Valley Road over Rice Avenue; 3rd Street over UPRR.
Parking lots: 520 S. Oxnard Boulevard; 615 S. Oxnard Boulevard; 644 S.
Oxnard Boulevard.
Rough Order of Magnitude Cost: $12,000,000
Project Funding: Unidentified
2 Campus Park Perimeter Improvements TBD Project Description: Off-site improvements around the Campus Park vicinity such as street asphalt repairs, pavement markings and striping, sidewalk and ADA curb ramp work, and traffic signal modifications.
Rough Order of Magnitude Cost: $2,000,000
Project Funding: Unidentified
3 Bard Road Additional Street Lights
Saviers to Rose
TBD Project Description: Add additional street lighting to supplement existing SCE-owned lighting.
Rough Order of Magnitude Cost: $750,000
Project Funding: Unidentified
702
Additional Information -
• Projects awarded since CIP was approved:
• PW 18-47 Rice Avenue/Fifth Avenue/Route 34 Grade Separation Project • Citywide Playground Replacement Project
• 11 Playgrounds
• PW 20-97R Oxnard Water System SCADA Improvement Project • PW 22-25R2 Eastern Trunk Sewer Manhole Rehabilitation Project • PW 22-47 OWTP Headworks VFD Replacement Project
• PD 22-66 Police Emergency Backup Generator Replacement Project • PW 23-28 Restroom Improvement Project - College Estates Park Project
• PW 23-35 Skatepark at Colonia
• PW 23-70 Design Build RFP for Oxnard Tennis Center Project • PW 24-53 Bicycle & Pedestrian Facilities - Northeast Communities & Cloyne St
• PW 24-92 Storm Drain Catch Basin Trash Excluder Project • CM 24-132 Citywide Wayfinding Sign Program
• SD 25-23 Central Park Fountain Renovation Project
DISCUSSION 12
703
Additional Information -
• Completed projects since CIP was approved:
• Street resurfacing
• Hueneme Road
• Gonzalez Road
• Ormond Beach Neighborhood
• Kamala Park & Bartolo Square
• Fremont Alley Reconstruction
• Roof Replacements
• Wilson Senior Center
• Oxnard Performing Arts Center
• Sturgis Annex
• South Oxnard Center
• Perkins Road Parking Lot Improvements
DISCUSSION 13
704
Proposing to move funds to the current FY 2024-25 for the following:
Reduce funds from listed projects per the table in the staff report during the current FY 2024-25
Other appropriations/changes will be part of the FY 2025-26 budget process, if necessary
FINANCIAL IMPACT 14
CIP Project Fund FY 2024-25 Adopted
CIP Budget
FY 2024-25 Revised
CIP Budget
FY 2024-25
Variation
Five Points Intersection
Improvements
Development Impact Fees $0 $250,000 $250,000
Elevator Modernization -
Various City Locations
Facilities Internal Service Fee
(ISF)
$0 $1,050,000 $1,050,000
General Fund $0 (CIP)
$201,375 Operations
$201,375 $0
Arterial Street Resurfacing 2006 TAB HERO/SW/Ormond $0 $1,003,184 $1,003,184 Southwinds Bench & Trash
Enclosures
2006 TAB HERO/SW/Ormond $21,239 $28,654 $7,415
705
QUESTIONS
15 706
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.1
DATE: May 20, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Third Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Carts and Parts. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Third Amendment to Agreement No. A-8368 with Toter, LLC in the amount of $650,000 for a new total not to exceed $2,735,000 and extend the term date to May 28, 2026, for the replenishment of curbside carts and parts.
(This item did not originate in Committee as this is an extension of an agreement previously approved by City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/y07V06Bjd08
BACKGROUND
In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organics) to approximately 34,000 residential customers in the City of Oxnard (City), the Environmental Resources Division (ER) must maintain a sufficient inventory of carts, lids, and parts. A sufficient inventory of carts must be maintained for cart exchange requested by the customer due to repair or replacement. Since 2011, the ER has standardized the use of Toter- manufactured for residential carts. Each year the ER Division provides an annual operating budget for new cart replacement and repair parts. Carts that cannot be repaired are replaced and sold for their recycled scrap value. Planned replacement varies from year to year depending on the inventory of cart types and sizes, customer usage and demand, residential development and economic growth.
In lieu of issuing a formal request for bid, staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance program that enables government agencies to simplify and accelerate their procurement processes through competitive, pre-negotiated contracts. The City acquired new residential carts and parts through the Sourcewell contract #041521-TOT.
On November 16, 2021, the City Council approved Agreement A-8368 with Toter in the amount not to exceed $750,000 for a three-year term ending December 31, 2024, for the purchase of residential carts and parts. On June 29, 2023, the City Council approved a First Amendment to Agreement No. A-8368 for a new total not to exceed $1,525,000 and to extend the term ending from December 31, 2024, to May 28, 2025. On May 28, 2024, the City Council approved a Second Amendment to Agreement No. A-8368 for a new total not to exceed $2,085,000 and to extend the term ending from December 31, 2024, to May 28, 2025.
Below is a history of Agreement A-8368 and the amendments:
Table 1
707
AGREEMENT
A-8368
COUNCIL
DATE
AMENDMENT
AMOUNT
CUMULATIVE
AMOUNT
TERM DATE
Original Agreement November 16, 2021 NA $750,000 December 31, 2024 First Amendment June 29, 2023 $775,000 $1,525,000 May 28, 2025 Second
Amendment
June 18, 2024 $560,000 $2,085,000 May 28, 2025
Third Amendment* May 20, 2025 $650,000 $2,735,000 May 28, 2026 *Pending City Council action
DISCUSSION
The ER Division is responsible for the maintenance and repairs of approximately 103,500 residential carts. Typically, these carts are being replaced or repaired due to normal wear and tear. Sometimes, carts are replaced/repaired due to vandalism, improper use, or accidental damage during the normal trash operations. When warranted, a replacement fee is charged to the account holder. The Third Amendment allows the Environmental Resources Division to continue to fulfill customer work orders for the replacement and repairs of carts and lids. Unrepairable carts and lids are recycled and sold for scrap value.
Funds are used to purchase new carts and lids for new developments, fulfill extra service requests, and comply with state mandates such as SB 1383, which requires mandatory organics diversion. The cost of a new residential collection cart, including all wheels, parts, and a lid, is $65.04 each ($77.17 including tax, shipping, and handling). The cost of a replacement lid alone is $21.84 each ($24.33 including tax, shipping, and handling).
In Fiscal Year 2022-23 ER spent approximately $599,486 on carts and lid replacements; has spent $656,897 in Fiscal Year 2023-24; and has spent approximately $497,826 as of April 2025. The request for $650,000 is consistent with prior spending, as shown below:
ESTIMATED SPENDING PLAN
ER Fund/Account FY 22-23 FY 23-24 FY 24-25 FY 25-26
Environmental
Resources
Fund 631
$599,486 $656,897 $497,827 YTD $650,000*
* Pending approval by the City of Oxnard City Council
It should be noted, Toter, LLC warrants its wheeled carts for normal and intended use and service against operational failure caused by proven defective material or workmanship as follows: for the Rotomolded Container Body (refuse, recycle and organic carts) the warranty period is twelve (12) years from the date of original purchase; and ten (10) years from the date of purchase for all other standard components (wheels, bars, lid straps, etc). Toter, LLC warranty equally covers Toter Containers molded of either virgin resin or recycled content plastic materials. ER staff documents, takes photos, and submits Toter warranty items on a quarterly basis. Please note that in Fiscal Year 2025-26, the City has received a warranty on 496 carts, 12,011 lids, 42 wheels, and 2 axles. The City receives new carts and lids for approved warranty claims, which can help offset the purchase of additional carts and lids. Toter will provide new replacement carts 708
and lids for approved warranty claims and does provide an option for cash reimbursement whereby Toter will give 50% of the cost of the approved warranty claim for a defective cart and lid. Labor and installation are specifically excluded from this warranty.
Toter, LLC meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.
STRATEGIC PRIORITIES
This agenda item is a routine operational item and does not relate to the four strategic plans adopted by the City Council on May 17, 2016.
FINANCIAL IMPACT
The cost of this Third Amendment to Agreement A-8368 with Toter is $650,000 for a total new agreement value of $2,735,000. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2025-26 Budget from the Environmental Resources Fund 631 for the City Council’s consideration.
COMMITTEE OUTCOME
This item did not originate in Committee as this is an extension of an agreement previously approved by City Council.
Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager
ATTACHMENTS
1. Third Amendment to Agreement A-8368
2. Original A-8368 through Second Amendment A-8368
3. Presentation
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THIRD AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8368
THIRD AMENDMENT TO TRADE SERVICES AGREEMENT
This Third Amendment (“Third Amendment”) to the Trade Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 2025, by and between the City of Oxnard, a municipal corporation (“City”), and Toter, LLC (“Service Provider”). This Third Amendment amends the Agreement entered into on January 1, 2022, by City and Service Provider. The Agreement previously has been amended on June 29, 2023, by a First Amendment, and on June 18, 2024, by a Second Amendment.
City and Service Provider agree as follows:
1. The date “December 31, 2024” in Section 5 of the Cover Page of the Agreement is hereby amended to “May 28, 2026.”
2. The total agreement amount of $750,000.00 in Section 6 of the Cover Page of the Agreement is hereby amended to state: “Not to exceed $2,735,000.00”.
3. As so amended, the Agreement remains in full force and effect.
[Signatures on next page]
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Agreement No. A-8368
THIRD AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19)
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD TOTER, LLC
☐Luis Mc Arthur, Mayor1 Date Laura P Hubbard, Date ☐Jennifer Yates, Purchasing Agent 2 Director of Municipal Sales
David Pelichet, 3 Date
ATTEST: Vice President, Finance
Lourdes A. López, City Clerk Date
(only if Mayor signs)
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. 711
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Third Amendment to Agreement A-8368 with
Toter, LLC for the Purchase of Residential
Curbside Collection Carts and Parts
City Council
May 20, 2025
Eric Zetz
Environmental Resources Division Manager
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Recommendation
2 That the City Council approve and authorize the Mayor to execute a Third Amendment to Agreement No. A-8368 with
Toter, LLC in the amount of $650,000 for a new total not to exceed $2,735,000 and extend the term date to May 28, 2026, for the replenishment of curbside carts and parts.
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Background
3 ● In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organics) to
approximately 34,000 residential customers the
Environmental Resources Division (ER) must maintain a
sufficient inventory of carts, lids and parts
● On November 16, 2021 the City Council approved
Agreement A-8368 with Toter in the amount not to exceed $650,000 for a three-year term ending December 31, 2024 for the purchase of residential carts and parts
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Background
4 ● Staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance program that enables government agencies to simplify and accelerate their procurement processes through competitive, pre-
negotiated contracts.
● The City acquired new residential carts and parts through Sourcewell contract #041521-TOT.
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Background
5 ● Below is the history of Agreement A-8368 and the
amendments:
AGREEMENT A-
8368
COUNCIL DATE CUMULATIVE
AMOUNT
TERM DATE
Original Agreement November 16, 2021 $750,000 December 31, 2024 First Amendment June 29, 2023 $1,525,000 May 28, 2025
Second Amendment June 18, 2024 $2,085,000 May 28, 2025
Third Amendment* May 20, 2025 $2,735,000 May 28, 2026
*Pending City Council action
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Discussion
6 ● ER Division is responsible for the maintenance and repairs of approximately 103,500 residential containers
● Toter warrants its wheeled carts (refuse, recycle and organics) for normal and intended use and service against operational failure
○ 12 years for carts
○ 10 years for all other standard components (Wheels, bars, lid straps, etc.)
○ Staff reconciles Toter warranty items on a quarterly basis 761
Discussion
7 ● In Fiscal Year 2022-23 ER spent approximately $599,486 on carts and lid replacements; has spent $656,897 in Fiscal Year 2023-24; and has spent approximately $497,826 as of April 2025.
● The request for $650,000 is consistent with prior spending, as shown below:
ESTIMATED SPENDING PLAN
ER Fund/Account FY 22-23 FY 23-24 FY 24-25 FY 25-26
Environmental Resources
Fund 6313632-52400 $599,486 $656,897 $497,826
YTD $650,000*
*Pending approval by the City of Oxnard City Council
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Discussion
8 ● Toter, LLC meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.
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FINANCIAL IMPACT
9 ● Cost for this Third Amendment to Agreement No. A-
8368 with Toter is $650,000 with a total not to exceed
$2,735,000
● Funding for this Agreement has been programmed in the Proposed Fiscal Year 2025-26 Budget from the
Environmental Resources Fund 631 for the City Council’s consideration
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Questions?
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.2
DATE: May 20, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Public Project Agreement 32500499 with Blois Construction, LLC for Ventura Road And Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $5,937,896 in Project funds for the Ventura Road And Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119;
2. The Mayor to Execute an Agreement with Blois Construction, LLC in the amount of $4,750,316 for the Project and a Project contingency amount of $712,548 (~15%) for a total not to exceed value of $5,462,864 for the Project;
3. A Project allocation amount of $475,032 (~10%) for engineering, inspection, survey and project management for the Project; and
4. A budget appropriation of $170,896 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2309).
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/emmDBM5h8wE
BACKGROUND
The City of Oxnard owns, operates, and maintains over 400 miles of sanitary sewer mains that make up the City’s sewer collection system. The City has identified two locations within the collection system where gravity sewer mains require replacement and upsizing.
The Project consists of furnishing all necessary labor, materials, equipment, and other incidental and appurtenant Work to replace sections of the existing aging and undersized sewer line along Rice Avenue between Latigo Avenue and Camino del Sol, and along Ventura Road between Doris Avenue and Little Farms Road. Both projects were identified in the Integrated Master Plan and staff performed field visits to confirm existing surcharging conditions. The following identifies the locations and expected improvements to be completed by the contractor.
Rice Avenue:
• Construct 1,900 linear feet (LF) of 24-inch sewer main • Construct 7 polymer concrete manholes
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• Abandon existing 18-inch sewer main and manholes
• Tie into existing sewer and reconnect existing laterals
Ventura Road:
• Construct 3,082 LF of 15-inch sewer main
• Construct 15 polymer concrete manholes
• Abandon existing 10-inch sewer main and manholes
• Tie into existing sewer and reconnect existing laterals
The work is tentatively scheduled to begin in the summer of 2025 and continue into late calendar year 2025 (120 working days) absent any delays for supply chain issues, unforeseen site conditions or weather. Staff will work closely with the appropriate Neighborhood Councils to keep them informed of the schedule and will also work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.
Capital Improvement Program (CIP) Reference:
Project No. C2309 – Wastewater Collection: Gravity Main Improvements; Ventura Road And Rice Avenue Sewer Main Replacement Project - CIP 2025-2029 - Adopted June 4, 2024– Page 144.
DISCUSSION
The Notice Inviting Formal Bids (NIFB) for this project was published on February 13, 2025, in the local newspaper.
Additionally, the NIFB was posted on multiple online platforms, including Public Purchase who distributed 74 bid notifications, the City’s website, and was emailed directly to 39 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were opened on March 27, 2025, and the City received the following bids:
BLOIS CONSTRUCTION, LLC: $4,750,316
TORO ENTERPRISES, INC.: $5,805,502
SAM HILL & SONS, INC.: $7,283,434
The lowest bidder is BLOIS CONSTRUCTION, LLC and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Blois Construction, LLC and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Blois Construction, LLC.
The base bid of the project included the work items to complete the installation of new sections of gravity sewer mainlines as described in the background section of this staff report. Additionally, the bid packet requested pricing from bidders on possible additive items. These are items that, at the time of putting out the bid packet, staff was not certain would be awarded unless favorable bids were received. There were a total of two additive items. Additive Item 1 was for rock refill for pipe trench foundation stabilization and Additive Item 2 was for additional utility potholing.
The Project Manager recommends Council approve the project, including the base bid and all additive items.
In addition to the project award amount of $4,750,316, Staff recommends authorizing $1,187,580 for the project, which includes $712,548 for project contingency (15% of the contract costs) and $475,032 for the cost for engineering services and City staff (10% of the contract cost). The request for additional contingency is based upon unknown underground utilities that have impacted similar projects and the flexibility to work outside of normal business hours to accommodate traffic and adjacent capital improvement projects. Engineering services include the following activities during 767
construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $5,937,896.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Project shall not exceed $5,937,896, which includes the construction agreement, contingency and project allocation. The Ventura Road And Rice Avenue Sewer Main Replacement Project C2309 has an available project budget balance of approximately $5,767,000 from the Wastewater Capital Fund (612) with a funding need of $170,896.
Staff is requesting a budget appropriation of $170,896 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount to fund this Project (C2309).
The ongoing maintenance cost for this sewer main replacement project will have a positive impact on the Public Works Wastewater Operating Budget as a result of the elimination of spot-repairs needed on an aging sewer line.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.
Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager
ATTACHMENTS
1. Agreement No. 32500499
2. Presentation
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Agreement No. 32500499
1 CONSTRUCTION CONTRACT FOR
VENTURA ROAD AND RICE AVENUE SEWER MAIN REPLACEMENT PROJECT SPECIFICATION NO. PW 23-119
BY AND BETWEEN
THE CITY OF OXNARD
AND BLOIS CONSTRUCTION, LLC
THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and BLOIS CONSTRUCTION, LLC (“Contractor”). Contractor’s license number is 256065. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City requires construction of the Ventura Road & Rice Avenue Sewer Main Replacement Project as more fully described in the bid package issued by the City for Specification No.
PW 23-119 (the “Project”); and
WHEREAS, on February 13, 2025 the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized limited liability company in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on __________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES
CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
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Agreement No. 32500499
2 A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:
1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);
2. Change Orders issued and approved by the City;
3. Regulatory Permits as may be required by law;
4. Bid Addenda issued by the City;
5. Notice Inviting Bids and Instructions to Bidders;
6. Special Provisions
7. General Provisions
8. Appendices
9. Plans
10. Bid Forms and attachment thereto;
11. Performance Bond;
12. Payment Bond.
3. CONTRACTOR’S OBLIGATIONS
A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).
B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.
C. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.
D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner. 770
Agreement No. 32500499
3 E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.
F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.
1. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.
4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A Contractor’s license issued by California State Contractors License Board.
B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.
C. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.
D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.
5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Four Million, Seven Hundred and Fifty Thousand, Three Hundred and Sixteen Dollars, ($4,750,316) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
B. Procedures relating to payment and retention are set forth in the Special Provisions.
6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of one hundred and twenty (120) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.
B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed 771
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4 by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.
7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply.
1. In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).
B. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy-five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract Code Section 20104.2 and the provisions of this Section shall apply.
1. In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.
2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).
C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.
2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or 772
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5 arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.
8. TERMINATION OF AGREEMENT FOR CONVENIENCE
A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
1. Immediately discontinue the Work to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
C. Upon such termination, the Contractor will be paid without duplication for:
1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
3. Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment.
Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent 773
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6 with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section.
9. TERMINATION FOR CONTRACTOR’S DEFAULT
A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section.
The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;
2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
3. disregards written instructions from the City or materially violates provisions of the Contract Documents;
4. fails to prosecute the Work according to the schedule approved by the Engineer,
5. disregards laws or regulations of any public body having jurisdiction, or
6. commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.
B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
10. PREVAILING WAGE
A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on 774
Agreement No. 32500499
7 file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly.
An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
B. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 10 and the provisions of Exhibit “A”, the terms of this Section 10 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section
10. C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
2. Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
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8 E. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.
F. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.
G. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
1. Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
H. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
I. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within th e Contract Time, City will assess liquidated damages in the amount of two hundred and fifty dollars ($250) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
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9 12. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
13. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
14. INSURANCE
Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS- G attached as Exhibit B to this Contract.
15. [RESERVED]
16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
17. INDEMNIFICATION
A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
1. Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
2. Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising 777
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10 or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
3. In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
B. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall surviv e the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
18. THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.
19. CONFLICTS OF INTEREST
The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as 778
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11 provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”
20. REPORTS; BOOKS AND RECORDS; AUDIT
A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.
B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and his or her designee(s) shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.
21. NONDISCRIMINATORY EMPLOYMENT
A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical cond ition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.
B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.
22. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
23. ENTIRE AGREEMENT
A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, 779
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12 inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
C. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
24. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
25. NOTICES
A. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
TO CITY: City of Oxnard
Public Works Department
305 W Third St, East Wing, 3
rd Floor
Oxnard, CA 93030
Attn: Project Manager (PW 23-119 / 32500499)
TO CONTRACTOR: Blois Construction, LLC
3201 Sturgis Rd
Oxnard, CA 93030
Attn: James B. Blois
B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
C. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
27. REVIEW BY ATTORNEYS
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13 Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.
29. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.
30. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
31. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Dr awings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 781
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14 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
35. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
36. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
37. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.
38. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and as to form by the City Attorney, and executed by the authorized City personnel or the Mayor.
39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
40. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
41. INDEPENDENT CONTRACTOR STATUS
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15 Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
42. COUNTERPARTS
This Contract 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. Each counterpart shall be deemed to be a part of this Contract.
43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
44. ATTORNEY'S FEES
If either Party commences an action against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
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16 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.
CITY OF OXNARD BLOIS CONSTRUCTION, LLC
☒ Luis Mc Arthur, Mayor1 Date James B. Blois, President 2 Date ☐ Purchasing Agent
Craig Blois, Secretary Date
ATTEST:
Lourdes A. López, Date
City Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen Fischer Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000.
2 The City requires the following for any contract:
● For a corporation, the signatu res 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.
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EXHIBITS
Exhibit A: Contractors Bid Proposal.
Exhibit B: Form INS-G: Insurance Requirements.
Exhibit C: Iran Contracting Act Certification Form completed by Contractor.
Exhibit D: [RESERVED] Disadvantaged Business Enterprises (DBE) and First Tier Subcontractors Form and Instructions. (not applicable)
Exhibit E: [RESERVED] Federal Grant Contract Addendum (not applicable) Exhibit F: [RESERVED] Grant Master Agreement (not applicable) EXHIBIT G: Grant of Non-Exclusive Right of Entry Agreement Bonds
The corresponding exhibits and forms contained within follow.
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EXHIBIT A
CONTRACTOR’S BID PROPOSAL
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Base Bid Price $4,579,816.00
Additive Item 1 $110,500.00
Additive Item 2 $60,000.00
__________________________________
Contract Amount $4,750,316.00
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EXHIBIT B
FORM INS-G: INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which ma y arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insuranc e Services Office Commercial General Liability Coverage (Occurren ce Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Pr ofessional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor liste d subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of al l rights of subrogation which the insurer may have against the City.
2. Contractor shall, prior to performance of any services, file w ith the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Manage r. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
3. Contractor agrees that all insurance coverages shall be provide d by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that c overage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibilit y to give such notice.
4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G 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 contribu ting 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. A ny failure to comply with reporting provisions of the policies sh all not affect coverage provided to City, its City Council, officer s, employees and volunteers. The insurance shall apply separate ly to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deduc tibles or self-insured retentions as respects City, its City Co uncil, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to pr ovide proper evidence of coverage upon receipt of a written reques t from the Risk Manager.
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.
You may use this or any industry form that shows covera ge as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.
Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and autom obile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute for ms will be accepted, however, as long as they include provisions comparable to the attached.
INS-G.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.
CODESUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[ ] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.
GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
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
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
SAMPLE
791
Agreement No. 32500499
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
SAMPLE
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( ) ________________________
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are in cluded as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of t he limits, conditions, agreements or excl usions 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
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
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
792
Agreement No. 32500499
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the City)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
SAMPLE
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 in cluded as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the Ci ty, the insurance afforded by th is policy shall be primary insurance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the companys limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as t he 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 excl usions 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
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
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
793
Agreement No. 32500499
EXHIBIT C
IRAN CONTRACTING ACT CERTIFICATION FORM COMPLETED BY CONTRACTOR
794
Agreement No. 32500499
EXHIBIT D
DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST TIER
SUBCONTRACTORS FORM AND INSTRUCTIONS
[NOT APPLICABLE]
795
Agreement No. 32500499
EXHIBIT E
FEDERAL GRANT CONTRACT ADDENDUM
[NOT APPLICABLE]
796
Agreement No. 32500499
EXHIBIT F
GRANT MASTER AGREEMENT
[NOT APPLICABLE]
797
Agreement No. 32500499
AGREEMENT MUST BE SIGNED BY AWARDED CONTRACTOR WHEN STAGING IN THE
CITY PROPERTY
EXHIBIT G
GRANT OF NON-EXCLUSIVE RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT BY
AND BETWEEN THE CITY OF OXNARD AND BLOIS CONSTRUCTION, LLC THIS RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT (the “Agreement”), is made and entered into by and between the City of Oxnard, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as the “Grantor”, and Blois Construction, LLC, a California limited liability company, hereinafter referred to as the “Grantee.” Grantor and Grantee are sometimes hereinafter referred to individually as “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the Grantor is the owner of certain properties located in the City of Oxnard, Assessor’s Parcel Numbers _________________, as more particularly described in Attachment A attached hereto and incorporated herein by this reference (the “Subject Properties”); and WHEREAS, _____________ is planning to secure a temporary non-exclusive right of entry on City of Oxnard property; and
WHEREAS,__________ will procure an agreement with a contractor who will utilize the Subject Properties for staging of construction equipment, materials, office trailer, vehicle parking and portable restrooms with overnight security; and
WHEREAS, In light of the benefits of the__________ and in cooperation with _______________, the Grantee is requesting the Grantor to permit the Grantee, its contractor and its representatives, servants, employees, subcontractors and other agents to enter upon the Subject Properties in order to use the Subject Properties, as well as any restoration thereto, in accordance with this Agreement; and
WHEREAS, the Grantor desires to permit the Grantee to enter upon and use the Subject Properties in accordance with the terms of this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
Section 1. GRANT OF RIGHT OF ENTRY
The Grantor hereby grants the Grantee a temporary non-exclusive right of entry upon the Subject Properties for the purpose of use for working, lay down and staging areas, including the right to locate construction trailers and construction equipment, storing equipment and materials; on the areas shaded in pink and blue on Attachment “A” attached hereto and made a part hereof, hereinafter referred to as “staging area.” 798
Agreement No. 32500499
Section 2. GRANTEE’S RESPONSIBILITY
The Grantee shall, at its sole expense, perform, or cause to be performed, all of the services associated with installing, maintaining, operating, repairing, and removing any improvements necessary to make the Subject Properties suitable for safe use of Subject Properties, in a manner causing the least amount of interference with the Subject Properties, including, without limitation, taking reasonable precautions to assure the safety of persons and property on the Subject Properties.
The Grantee shall erect and maintain temporary fencing and gates with a locking device to enclose the areas of use, and shall remove such fencing and gates at the end of the term of this agreement.
The Grantee shall comply with all applicable laws, ordinances, and regulations pertaining to its use. Grantee is required under State and local law to re-stabilize any disturbed locations within the area of use in order to control soil erosion and sediment runoff at the conclusion of the use of the Subject Properties by Grantee.
The Grantee shall restore, replace, or repair, as applicable, any of the Grantor’s property damaged or destroyed as a result of the Grantee’s right of entry on the Subject Properties during the Term of this Agreement.
Section 3. INDEMNIFICATION
The Grantee shall indemnify, defend, and hold harmless the Grantor, and its respective officers, officials, employees, agents, representatives, and assigns from and against any and all actions, suits, proceedings, claims, demands, losses, costs, expenses, and judgments for any injury or damage of any type claimed that may involve the Grantee, its contractor and its representatives, servants, employees, subcontractors and other agents resulting from or arising out of this Agreement, except in the case of Grantor’s gross negligence or willful misconduct Section 4. COMPENSATION [Optional]
Monthly Base Rent. During the Initial Term, Grantee shall pay to Grantor as rent for the Subject Properties, the amount of ______ ($____.00) per month (the “Monthly Base Rent”), for a total amount of ____________ ($____.00) as compensation for the Right of Entry use of Subject Properties. If Grantee extends the term of the Agreement, Grantee will pay Grantor Five hundred dollars ($___.00) per month and shall continue thereafter per month or for any portion thereof.
Section 5. TERM
The Term of this Agreement shall commence on _______ __, ____ (the “Effective Date”) and shall terminate on _____ __, ____ (the “Expiration Date”).
However, if the work is not completed by the Expiration Date the right of entry shall be extended for thirty (30) calendar days after the Expiration Date of this Agreement, then Grantee’s right to enter the Subject Properties for the purpose of performing the work shall expire on that date (the 799
Agreement No. 32500499
“Extended Expiration Date”). A request to postpone the Expiration Date any further than the Extended Expiration Date shall be accompanied by revised proposed scope of services and shall require the prior written approval of the Grantor.
Section 6. TERMINATION OR SUSPENSION
If Grantee is in violation of the terms and conditions set forth herein, this Agreement may be terminated or suspended provided Grantor provides Grantee with written notice of such violation. Grantee shall have thirty (30) calendar days from the date of receiving said written notice of violation, to cure such violation. In the event Grantee fails to cure the violation within the time prescribed herein, Grantor has the right but not the obligation to terminate this agreement at which point Grantee shall remove all of Grantee’s or its contractors equipment materials and fencing, etc. and shall restore the Subject Properties to its original conditions.
Section 7. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 8. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
b. Notices and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. c. The parties to this Agreement may change their notification addresses from time to time upon written notice to one another.
Section 9. INSURANCE
14. INSURANCE
Grantee shall procure and maintain at its own expense at all times during the period covered by this Agreement the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-G attached.
TO CITY: City of Oxnard
Public Works Department
305 W Third St, East Wing, 3 rd Floor
Oxnard, CA 93030
Attn: Project Manager (PW 23-119 / 32500499)
TO CONTRACTOR: Blois Construction, LLC
3201 Sturgis Rd
Oxnard, CA 93030
Attn: James B. Blois
800
Agreement No. 32500499
Section 10. INTERPRETATION
Any rule of construction which states that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
Section 11. WAIVER
a. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective, unless executed in writing and signed by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 12. 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 of the provisions described under the respective caption or heading.
Section 13. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 14. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 15. RIGHTS AND REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 16. MUTUAL COOPERATION
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Agreement No. 32500499
The parties hereto agree that they will each cooperate with the other, and shall provide such information and documentation as is reasonably necessary to fulfill the intent of this Agreement, and shall make diligent response to inquiries and requests for information from the other party.
Section 17. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable Court of competent jurisdiction in the County of Ventura, California.
Section 18. ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 19. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
Section 20. COUNTERPARTS
This Agreement may be executed by the parties in counterparts, and when executed by each of the parties, each counterpart shall be deemed to be a part of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of _________________________, 2025.
GRANTOR GRANTEE
The City of Oxnard
By: ______________________ By: ___________________________ Public Works Director
Its: ______________________________
Approved as to Form
By: ______________________
Stephen Fischer
City Attorney
802
Agreement No. 32500499
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to BLOIS CONSTRUCTION, LLC, 3201 STURGIS ROAD, OXNARD, CA 93030 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as VENTURA ROAD AND RICE AVENUE SEWER MAIN REPLACEMENT PROJECT SPECIFICATION NO. PW 23-119.
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Four Million, Seven Hundred and Fifty Thousand, Three Hundred and Sixteen Dollars ($4,750,316.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 803
Agreement No. 32500499
Code Section 1771.2, if the condition of this B ond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed and dated, all Sure ty signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
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Agreement No. 32500499
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to
BLOIS CONSTRUCTION, LLC, 3201 STURGIS ROAD, OXNARD, CA 93030 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as VENTURA ROAD AND RICE AVENUE SEWER MAIN REPLACEMENT PROJECT SPECIFICATION NO. PW 23-119.
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Four Million, Seven Hundred and Fifty Thousand, Three Hundred and Sixteen Dollars ($4,750,316.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 805
Agreement No. 32500499
Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
D a t e d :
“Principal”
By:
Its:
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed and dated, all Sure ty signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
806
City Council
May 20, 2025
Tim Beaman, PE
Assistant Director of Public Works
Agreement 32500499 with Blois Construction, LLC
for Ventura Road And Rice Avenue Sewer Main
Replacement Project, Specification No. PW 23-
119
807
RECOMMENDATION 2
That the City Council approve and authorize:
1. A total of $5,937,896 in Project funds for the Ventura Road And Rice Avenue Sewer Main Replacement Project, Specification No. PW 23- 119;
2. The Mayor to Execute an Agreement with Blois Construction, LLC in the amount of $4,750,316 for the Project and a Project contingency amount of $712,548 (~15%) for a total not to exceed value of $5,462,864 for the Project;
3. A Project allocation amount of $475,032 (~10%) for engineering, inspection, survey and project management for the Project; and
4. A budget appropriation of $170,896 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2309).
808
BACKGROUND 3
• The City of Oxnard owns, operates, and maintains over 400 miles of sanitary sewer mains that make up the City’s sewer collection system.
• The Integrated Master Plan identified two locations within the collection system requiring replacement and upsizing:
• Rice Avenue between Latigo Avenue and Camino del Sol
• 1,900 LF of 24-inch sewer main
• Ventura Road between Doris Avenue and Little Farms Road • 3,082 LF of 15-inch sewer main
• Staff performed field visits to verify existing surcharging conditions.
809
BACKGROUND 4
810
• Notice Inviting Formal Bids for this project was published on February 13, 2025
• Local newspaper
• Public Purchase
• City’s website
• 39 contractors
• Three bids were submitted with Blois Construction being the lowest responsive bidder:
• Blois Construction: $4,750,316
• Toro Enterprises: $5,805,502
• Sam Hill and Sons: $7,283,434
DISCUSSION 5
811
FINANCIAL IMPACT
The total cost for this Project shall not exceed $5,937,896, which includes the construction agreement, contingency and project allocation.
The Ventura Road And Rice Avenue Sewer Main
Replacement Project C2309 has an available project budget balance of approximately $5,767,000 from the Wastewater Capital Fund (612) with a funding need of $170,896.
Staff is requesting a budget appropriation of $170,896 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2309) to fund this Project.
6 812
End of Presentation
813
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.3
DATE: May 20, 2025
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Police Department 2024 Annual Military Equipment Use Report. (15 minutes)
RECOMMENDATION
That the City Council:
1. Receive the Police Department's annual report concerning its inventory and use of military equipment, in accordance with Government Code sections 7070-7075.
2. Approve the renewal of City of Oxnard Ordinance 3014, which is codified in Oxnard City Code Section 2-212 as the City’s “Military Equipment Policy” as required by Government Code section 7071 (e)(1).
3. Approve the continuing authorization for the funding, acquisition, and use of military equipment by the Oxnard Police Department’s military equipment inventory as required by Government Code section 7071 (e)(2).
4. Approve the acquisition and use of the following military equipment items:
a. Five (5) 40mm projectile launchers
b. Twenty-four (24) .223 caliber rifles
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/QcElqaAVw2M
BACKGROUND
On January 1, 2022, California Assembly Bill 481 (AB 481) was codified in Government Code sections 7070 through 7075. AB 481 mandates Law Enforcement Agencies (LEA) to obtain approval from their governing body via the adoption of a “military equipment” use policy by ordinance before the LEA funds, acquires, or uses such equipment. This is specified in Government Code section 7071(a)(1)(A-G).
On June 7, 2022, the Oxnard City Council adopted the Oxnard Police Department Military Equipment Use Policy to allow the Oxnard Police Department to use the equipment specified therein. This policy exists as City of Oxnard Ordinance 3014 (Ordinance), which is codified in Oxnard City Code Section 2-212, and in section 708 of the Oxnard Police Department’s Policy Manual, and went into effect on July 6, 2022. The Ordinance can be found as Attachment (B) to this report, and Oxnard Police Department’s Policy Manual section 708 as Attachment (C).
Government Code section 7071(e)(1) requires that a governing body, in this case the Oxnard City Council, review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment, and vote on whether to renew the ordinance at a regular meeting.
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Government Code section 7071(e)(2) states that a governing body, in this case the Oxnard City Council, shall determine, based on the submitted annual military equipment report submitted whether each type of military equipment identified in that report has complied with the standards for approval. Per Government Code 7071(d)(1)(A-D), the required standards for approval are:
• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
• The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
• If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. • Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Annual Military Equipment Report (Attachment A)
California Government Code 7072 (a)(1-6) requires, after receiving approval for its military equipment use policy, the LEA to submit an annual military equipment report providing certain required information for each type of military equipment approved by the governing body for as long as the equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
• The quantity possessed for each type of military equipment. • A summary of how military equipment was used and the purpose of its use. • A summary of any complaints or concerns received concerning military equipment. • The results of any internal audits, information about violations of military equipment use policy, and any actions taken in response.
• The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
• If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Police Department’s “Military Equipment” Inventory
Government Code section 7070(c)(1-16) defines “military equipment” and lists fifteen (15) specific categories that are considered “military equipment.” The Oxnard Police Department possesses and/or uses equipment from only seven (7) of these categories. The annual report cites an eighth category, for equipment that the Police Department does not actually possess, but is deployed by another LEA when requested to assist. The categories and specific equipment currently used by the Oxnard Police Department are listed below and are further described in the attached “Military Equipment Inventory.”
Below is a summary of the Oxnard Police Department’s military equipment inventory. The equipment is listed in accordance with the Government Code sections that govern its designation as “military equipment.” Additional details are in Oxnard Police Department Policy Manual section 708, included as an attachment to this report.
7070(c)(1): Unmanned, remotely piloted, powered aerial or ground vehicles. • Unmanned aerial vehicles (Drones): 7
• Unmanned aerial vehicle (drone) usage: There were 180 drone deployments in 2024, broken down as follows:
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• 58 for field operations support (area searches)
• 49 for tactical assist (SWAT operations)
• 19 for crime scene documentation
• 17 for special events support
• 911 for area mapping
• 13 Drone as a First Responder (Test Program)
• 13 for training
• Remotely piloted ground vehicles: 2
• Remotely piloted ground vehicle usage: Three (3) deployments in 2024. • Cost: $12,433.87 initial purchase.
7070(c)(3): High mobility multipurpose wheeled vehicles (HMMWV), called Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles with a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. • LENCO© Bearcat armored rescue vehicles (ARV): 2
• ARV usage: There were 48 ARV deployments in 2024, broken down as follows:
• 3 for responses to armed subjects and patrol assists
• 25 for search warrants
• 20 for community engagement events
• Annual cost: $1,100 estimated average annual maintenance per unit in 2024.
7070(c)(4): Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• The Oxnard Police Department does not possess any equipment from this category in its inventory. • However, the Ventura County Sheriff’s Office possesses a tracked armored skid steer loader (referred to as “The Rook”), which is available to assist other agencies in the County, including Oxnard. Pursuant to Government Code section 7071(a)(1)(D), an LEA must obtain approval from the governing body when “Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.” • Rook usage: In 2024, the Ventura County Sheriff’s Office assisted the Oxnard Police Department on one (1) occasion, for a SWAT warrant service.
• There were no complaints received concerning the use of this equipment. • There were no violations of policy concerning the use of this equipment. • Annual cost: Zero (0) cost to the City of Oxnard in 2024.
7070(c)(5): Command and control vehicles that are either built or modified to facilitate public safety units’ operational control and direction.
• Total number of command and control vehicles: 13
• Large mobile command vehicles: 2
• Vans: 2
• DUI enforcement command trailer: 1
• Police Ford Explorer forward command post vehicles: 8 • Command and control vehicle usage: There were 213 deployments in 2024, broken down as follows:
• 180 times for the Drone unit van.
• 18 times for the large mobile command post (major crimes and community events. • 15 times for the traffic unit
• Annual cost: Approximately $63,400 for the 13 vehicles each year (fuel and maintenance). 816
7070(c)(7): Battering rams, slugs, and breaching apparatuses that are explosive in nature. • Frangible breaching shotguns: 2
• Breaching shotgun usage: Zero (0) times throughout the year. • Annual cost: No associated costs with this item in 2024.
7070(c)(10): Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
• Total number of specialized firearms: 190
• Remington .308 caliber rifles: 5
• Accuracy International AT .308 caliber rifles: 6
• Colt .223 caliber rifles: 107
• Sionics .223 caliber rifles: 72
• Rifle usage: The Police Department deployed rifles in 87 incidents in 2024, and these were limited to the pointing of firearms only. There was (1) instance of Oxnard Police Department personnel discharging a rifle of this type at a member of the public. This occurred on October 21, 2024 during an officer-involved shooting in the 3700 block of Leeward Way. A Critical Incident Community Briefing with more information is available to the public at: https://www.youtube.com/watch?v=rzDvYk2cSHw • Annual cost: No .223 rifle ammunition was purchased in 2024. Rifle maintenance was approximately $1,200. .308 caliber rifle ammunition cost $10,588. Maintenance was unnecessary since the Accuracy International AT rifles were purchased in 2024.
7070(c)(12): “Flashbang” grenades and explosive breaching tools, ‘tear gas,’ and ‘pepper balls,’ excluding standard, service-issued handheld pepper spray.
For clarification, the term “flashbang” is commonly used to refer to “light, sound, diversionary devices” (LSDD). “Tear gas” is the term commonly used to describe 2-chlorobenzalmalononitrile gas, also referred to as “CS.” The Police Department’s inventory includes:
• Combined Tactical Systems (CTS) LSDD: 164
• CTS 5230B CS gas canisters: 31
• Defense Technology Triple Chaser CS gas: 12
• Defense Technology Spede-Heat CS gas: 12
• Defense Technology CS Ferret rounds: 10
• Defense Technology OC/CS vapor: 9
• Defense Technology OC vapor: 17
• Defense Technology 6320 and 6322 40mm Short Range CS Rounds 20 • Pepperball launchers: 13
• Flashbang usage: The Police Department deployed flashbangs 30 times in 2024. • It is important to note that flashbangs deployed alone, without other equipment, successfully gained suspect compliance on 27 of the 30 occasions, eliminating the necessity for any additional force tactics.
• Annual cost: $4,408.18 for 2024 replenishment costs. • Gas usage: The Police Department deployed CS gas 4 times in 2024, under the following circumstances:
• 2 for a barricaded suspect in a vehicle, in which the suspect refused to exit their vehicle. • 2 for warrant services where the suspects refused to exit their residences. • Annual cost: $2,173 for 2024 replenishment costs.
• Pepperball usage: 7 times throughout the year.
• In all 7 instances, the device was successfully used to take a non-compliant suspect into custody. 817
• Annual cost: No associated costs with this item in 2024.
7070(c)(14): The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. • Penn Arms 40mm less lethal projectile launchers: (21) • 11 direct impact sponge CS rounds
• 10 direct impact sponge OC rounds
• 40mm projectile usage: Zero (0) times throughout the year. • Annual cost: No associated costs with this item in 2024. • Remington 870 less lethal (“bean bag”) shotguns: 22
• Less lethal shotgun usage: 3 times in 2024.
• The less lethal shotgun was deployed in an attempt to take a non-compliant suspect into custody. • Annual cost: No associated costs with this item in 2024.
The Oxnard Police Department intends to maintain a sufficient stock of specific equipment to maintain standards and operational readiness. The Police Department routinely orders replacement stock to maintain the levels of equipment enumerated in the “Military Equipment Inventory.”
Additional Reported Information
Government Code section 7072(a)(1-6) requires the Police Department to annually report additional information, beyond inventory quantities, related to its “military equipment.” Below is a summary of the annual use of the Police Department’s inventory, complaints, policy violations related to the equipment, annual costs, and financial impacts related to the equipment:
• Inventory: Quantities of this equipment are stated in an attachment to Oxnard Police Department Policy Manual section 708 (Included as attachment C)
• Complaints: There were no specific community complaints or concerns received involving specific deployments of the Police Department’s “military equipment” in 2024. • Violations of Policy: There were no violations of Oxnard Police Department Policy Manual section 708 (Military Equipment Policy).
To ensure the accuracy of the data, both the Special Operations Division Commander and the Professional Standards Division staff track the use of equipment that meets AB 481’s definition of “military equipment.” This ensures proper usage and tracking of deployments.
Ongoing maintenance and replacement costs for all the equipment are included in the Police Department’s budget and continue to be accounted for there. Expenditures for such equipment are appropriate and seek to minimize the impact on Oxnard’s General Fund. The Police Department makes a conscious effort to fund replenishment and new additions with Asset Forfeiture Funds (AFF) and/or Supplemental Law Enforcement Services Funds (SLESF), which do not affect the City’s General Fund.
Need for Equipment Authorization
AB 481 requires the governing body’s approval of this annual report. The equipment listed in the annual report and used by the Oxnard Police Department is necessary for public safety operations, and there are no other practical alternatives that can achieve the same community safety objectives.
A significant amount of the Police Department’s “military equipment” items are “less lethal” devices that are designed to provide force options that serve to avoid the use of lethal force. As such, the equipment’s use and accompanying policies safeguard the public’s welfare, safety, civil rights, and civil liberties. 818
Requested Equipment Acquisitions (from “Recommendation” above)
The Police Department is requesting the City Council’s authorization to make the following “military equipment” acquisitions:
1. The Police Department intends to acquire five (5) additional 40mm projectile launchers. These less lethal tools allow officers to engage violent, potentially armed suspects from a safe distance, allowing officers to attempt de-escalation techniques. These types of less-lethal projectiles often prevent officers from using lethal force. The total cost to purchase these 40MM launchers is approximately $9,686.40, which will be paid using Asset Forfeiture Funds (AFF) and Supplement Law Enforcement Services Fund (SLESF). There would be no impact on the City’s General Fund.
Penn Arms 40mm projectile launchers (single and four-shot models)
3. The Police Department intends to replace/acquire twenty-four (24) .223 caliber rifles for the department’s Patrol Bureau. The rifles currently assigned to the patrol Bureau are over twenty years old, significantly exceeding their expected lifespan under patrol team conditions, rendering them overdue for replacement. The Patrol Bureau needs rifles for increased firepower and accuracy in situations that require the ability to engage targets at longer distances, penetrate barriers, and effectively address threats, while minimizing risk to officers and members of the public. These rifles also provide a tactical advantage in addressing high-risk scenarios such as active shooter situations or dealing with heavily armed suspects, allowing patrol officers to maintain control and respond decisively to potential threats. The total cost to purchase these rifles is $47,945 and will be paid using Asset Forfeiture Funds (AFF). There would be no impact on the General Fund.
Sionics Patrol Rifle
4. The Police Department’s 40mm inventory has become depleted over the last year due to expired rounds and use during previous deployments. To replenish the inventory, the Police Department needs to purchase three hundred (300) exact impact sponge rounds. The cost to purchase these rounds is $4,350.00, which will be paid using the General Fund. The Police Department must also purchase one thousand (1000) sponge round training kits. The cost to purchase these training rounds is $9,360.00, which will be paid using the General Fund.
40mm projectiles (not shown to scale)
Transparency
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Government Code section 7071(b) requires any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant LEA for as long as the military equipment is available for use.
This information is available to the public on the Oxnard Police Department's website, at https://sites.google.com/oxnardpd.org/ab-481/ab-481.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
Funding for the equipment acquisitions will be included in the FY2025-26 proposed budget in the General Fund (101) and depending on eligibility, may also be funded from carryover of unexpended FY2024-25 balances in additional funding sources including: Federal Asset Seizure Fund (191), State and Local Grant Fund (210) and Federal Grant Fund - Justice Assistance Grant (200), as well as any corresponding funding in the Capital Outlay Fund (301) applicable to capital projects.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Steve Trickle, Police Commander
ATTACHMENTS
1. Attachment A: Oxnard Police Department 2024 Military Equipment Annual Report
2. Attachment B: Oxnard's Military Equipment Ordinance (Ord. 3014)
3. Attachment C: Oxnard Police Department Military Equipment Policy
4. Attachment D Oxnard Police Department 2024 Military Equipment Report Slide Deck
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Jason Benites, Chief of Police
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Background
Over the course of the past several years, criticism and debate has spread across the nation concerning the narrative of militarized policing in the United States. On September 30, 2021, California Governor Gavin Newsom signed legislation aimed at reforming law enforcement agency ( “LEA”) funding, acquisition and use of specific types of "military equipment." This legislation, referred to as Assembly Bill 481 (AB 481), was authored by California Assembly member David Chiu (D -San Francisco) to address and regulate the funding, acquisition, and use of military equipment by LEA’s.
Enacted into Government Code sections 7070 thr ough 7075 as of January 1, 2022, AB 481’s intent is to increase transparency by which California law enforcement agencies fund, acquire, and/or use what this legislation defines as “military equipment.”
AB 481 mandates LEA’s obtain approval from their governing body via the adoption of a “military equipment” use policy (Policy) by ordinance before the LEA funds, acquires, or uses such equipment. In summary, AB 481 states in Government Code section 7071(a)(1)(A-G), that LEA’s shall obtain approval of thei r governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body prior to engaging in any of the following:
● Requesting military equipment made available pursuant to section 2576a of Title 10 of the United States Code.
● Seeking funds for military equipment.
● Acquiring military equipment.
● Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. ● Using any new or existing military equipment.
● Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
Government Code section 7070(d) (1-7) also requires that an LEA’s military equipment policy address, at a minimum, disclose all of the following:
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● A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
● The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. ● The fiscal impact of each type of military equipmen t, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
● The legal and procedural rules that govern each authorized use. ● The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare , safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
● The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
● For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
On June 7, 2022, the Oxnard City Council adopted the Oxnard Police Department’s Military Equip ment Use Policy, authorizing the Oxnard Police Department to use the equipment specified therein. This policy exists as City of Oxnard Ordinance 3014 (“Ordinance”), which is codified in Oxnard City Code Section 2-212, and in section 708 of the Oxnard Police Department’s Policy Manual, (“Policy”). These went into effect on July 6, 2022.
The Ordinance,Policy, and AB 481 related information are available to the public on the Oxnard Police Department’s website at:
(https://sites.google.com/oxnardpd.org/department-policy-manual/department-policy- manual ).
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Standards of Approval
Government Code section 7071(e)(1) requires that an LEA’s governing body, in this case the Oxnard City Council, review the ordinance that it adopted that approves the funding, acquisition, or use of military equipment, and vote on whether to renew the ordinance at a regular meeting.
Government Code section 7071(e)(2) states that a governing body, in Oxnard’s case its Oxnard City Council, shall determine, based on the submitted annual military equipment report submitted whether each type of military equipment identified in that report has complied with the standards for approval. Per Government Code 7071(d)(1)(A-D), the required standards for approval are that:
● The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. ● The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
● If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
● Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Per Government Code section 7071(e)(2), “If the governing body determines that a type of military equipment identified in the LEA’s annual military equipment report has not complied with the standards for approval, the governing body shall either disapprove a renewal of the authorization for that type of military equipment, or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.”
Oxnard Police Department Meets Standards of Approval
The military equipment that the Oxnard Police Department possesses is consistent with law enforcement profession norms in the United States. Such equipment has been tested in the field, has been successfully deployed in the field, and are used by LEA’s across the nation for the purposes of enhancing both the safety of peace officers and the public that they serve.
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The Oxnard Police Department is committed to using contemporary tools and equipment to safeguard the public that it serves. Many of the items deemed as “military equipment” by AB 481 have been employed by the Oxnard Police Department and LEA’s across the nation for a considerable amount of time, in order to specifically protect and reduce risk to community members. These items provide peace off icers with the ability to safely resolve volatile situations which otherwise might rise to the level of lethal force encounters. To that end, the equipment of discussion in this report, and the accompanying Military Equipment Use Policy, also provide Oxnard Police Department personnel with vital tools that facilitate compliance with its robust use of force policy and reporting procedures.
The Oxnard Police Department’s inventory also contains items that are designed to protect officers and members of the public. For example, the armored rescue vehicles (“ARV’s”) are designed to shield officers and members of the public from gunfire or other threats, and have been successfully used to this effect. The Police Department’s remote control tactical robot has also been successfully used, and during the past year was instrumental in rescuing a member of the public.
The Police Department has successfully been using uncrewed aerial systems, more commonly referred to as “drones” since 2019. These drones have assi sted with a variety of functions, ranging from scene documentation to supporting first responders at police incidents as well as fire incidents. Their use has not only improved efficiencies, but has also improved safety. At the time of this writing, the P olice Department is currently in the process of implementing a Drone First Responder (“DFR”) program that will deploy drones to selected call types, reducing response times, improving efficiency, and enhancing safety to officers and members of the public. This DFR effort was approved by the City Council on December 3, 2024, and is expected to be implemented in the summer of 2025.
The Oxnard Police Department’s inventory of command and control vehicles are unarmed platforms that are vital to coordinating pu blic safety resources in a variety of circumstances, ranging from tactical incidents to natural disasters. They are essential to facilitating the safest outcomes by promoting communication and resource coordination, both of which are essential to protecting the public’s welfare, safety, civil rights, and civil liberties.
Denial or loss of the use of these previously approved items would detract from the welfare of community members and peace officers within the Oxnard Police Department, as that would elimi nate resources or options that could more safely and 825
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peacefully conclude incidents. For example, the loss of an agency to deploy “less lethal” equipment would eliminate an option that could have been used to end a volatile situation without the use of lethal force.
Ongoing maintenance and replacement costs for all the equipment are included in the Police Department’s budget and continue to be accounted for there. Expenditures for such equipment are appropriate and seek to minimize the impact on Oxnard’s General Fund. The Police Department makes a conscious effort to fund replenishment and new additions with Asset Forfeiture Funds (AFF) and/or Supplemental Law Enforcement Services Funds (SLESF), both of which do not affect the City’s General Fund.
There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the equipment ident ified in the Policy is vital to the Oxnard Police Department’s mission, and will continue to be strictly regulated through internal processes and management oversight.
To ensure the accuracy of the data, both the Special Operations Division Commander, and the Professional Standards Division staff track the use of equipment that meets AB 481’s definition of “military equipment.” This ensures proper usage and tracking of deployments. In the event of citizen complain ts or concerns, management is well positioned to apply corrective action, whether through training and education, and up to the disciplinary process should that become necessary. Of note, there were no community complaints about specific deployments of Oxnard’s “military equipment” in 2024.
Criteria for “Military Equipment” Designation
Over the past several decades, many LEA’s across the United States acquired a variety of military surplus equipment from the federal government, and incorporated their use into law enforcement operations. The federal program that currently hosts this is the Defense Logistics Agency's 1033 Program . Other forms of this program included the former Defense Reutilization Marketing Office (DRMO) Program.
Generally speaking, the equipment furnished to LEA’s was int ended to be necessary or beneficial to operations, intended to improve the safety of officers as well as the public, and helped agencies acquire such equipment in the face of limited budgets.
The materials provided by these programs were very diverse, and included items ranging from office furniture/equipment, to gas masks and rifles. These programs also 826
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furnished civilian -type vehicles, as well as military-purpose ones such as High Mobility Multipurpose Wheeled Vehicles (Humvees). At some point in the past two decades, a number of LEA’s across the nation received larger (12+ ton) Mine Resistant Ambush Protected (MRAP) armored vehicles.
The Oxnard Police Department never requested, nor received, Humvees or MRAP armored vehicles, and no longer requests or procures equipment from such surplus programs. In previous years, the Oxnard Police Department accepted a limited variety of items, including gas masks, helmets, older-generation rifles, and rifle optics. These items are no longer in the Department’s inventory.
Under AB 481, the term “military equipment” expands beyond equipment that has a default application to military use. It also expands beyond the equipment offered by the above- mentioned DRMO and 1033 programs. It is important to note that many items qualifying as “military equipment” under AB 481 are not necessarily manufactured specifically for the United States military.
Some of the items that fall under AB481’s definition of “military equipment” can be purchased by civilians in an open retail market. For example, civilian members of the public can retail purchase an uncrewed aerial vehicle, more commonly referred to as a “drone.” Under this circumstance, a drone is not considered as “military equipment.” However, if an LEA acqui res the same piece of equipment in the same manner, it is considered “military equipment” by AB 481. Such is also the case for AR-15 style rifles, which the civilian public can also purchase.
Under AB 481, Government Code section 7070(c)(1-15) defines “military equipment” with fifteen (15) specific categories. They are:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one -half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry appar atus attached. However, unarmored all - terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. 827
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5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Area denial electroshock devices, microwave weapons, water cannons, long- range acoustic devices, acoustic hailing devices, and sound cannons.
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
The Oxnard Police Department possesses and/or uses equipment from only seven (7) of AB 481’s fifteen (15) military equipment categories. This report cites an eighth category, for equipment that the Oxnard Police Department does not actually possess, but is deployed by another LEA when requested to assist. The categories and specific equipment currently used by the Oxnard Police Department are listed later in this report, and are further described in the attached “Military Equipment Inventory” which is a part of the Oxnard Police Department Policy Manual section 708.
Military Equipment Report
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California Government Code 7072 (a)(1- 6) requires LEA’s to submit an annual military equipment report providing certain required information for each type of military equipment approved by the governing body for as long as the equipment is available for use. The annual military equipment report shall at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
● The quantity possessed for each type of military equipment. ● A summary of how military equipment was used and the purpose of its use. ● A summary of any complaints or concerns received concerning military equipment.
● The results of any internal audits, information about violations of military equipment use policy, and any actions taken in response.
● The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
● If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The above information exists in this portion of the report, as well as within the Oxnard Police Department’s Military Equipment Policy (Oxnard Police Department Policy Manual section 708), which is incorporated as an attachment to this report.
No Community Complaints
There were no specific community complaints or concerns received involving specific deployments of any of the Police Department’s “military equipment” in 2024.
No Violations of Policy
There were no violations of Oxnard Police Department Policy Manual section 708 (Military Equipment Policy) in 2024.
Oxnard Police Department’s Military Equipment Inventory
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Below is a summary of the Oxnard Police Department’s military equipment inventory. The equipment is listed in accordance with the Government Code sections that govern its designation as “military equipment.” Additional details are in Oxnard Police Department Policy Manual section 708, included as an attachment to this report.
7070(c)(1): Unmanned, remotely piloted, powered aerial or ground vehicles.
● Unmanned aerial vehicles (drones): 7
● Unmanned aerial vehicle (drone) usage: There were 180 drone deployments in 2024, broken down as follows:
● 58 for field operations support (area searches)
● 49 for tactical assists (SWAT operations)
● 19 for crime scene documentation
● 17 for special events support
● 13 for area mapping
● 13 for training
● Remotely piloted ground vehicles: 2
● Remotely piloted ground vehicle usage: Three (3) deployments in 2024. ● Cost: $12,433.87 initial purchase.
7070(c)(3): High mobility multipurpose wheeled vehicles (HMMWV), called Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles with a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
● LENCO© Bearcat armored rescue vehicles (ARV): 2
● ARV usage: There were 41 ARV deployments in 2024, broken down as follows:
● 3 for responses to armed subjects and patrol assists
● 25 for search warrants
● 20 for community engagement events
● Annual cost: $1,100 estimated average annual maintenance per unit in 2024.
7070(c)(4): Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
● The Oxnard Police Department does not possess any equipment from this category in its inventory.
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● However, the Ventura County Sheriff’s Office possesses a tracked armored skid steer loader (referred to as “The Rook”), which is available to assist other LEAs in Ventura County, including Oxnard. Pursuant to Government Code section 7071(a)(1)(D), an LEA must obtain approval from the governing body when “Collaborating with another law enforcement agency in the deployment or other use of military equipment with in the territorial jurisdiction of the governing body.”
● Rook usage: In 2024 , the Ventura County Sheriff’s Office assisted the Oxnard Police Department on one (1) occasion, for a SWAT warrant service. ● There were no complaints received concerning the use of this equipment. ● There were no violations of policy concerning the use of this equipment. ● Annual cost: Zero (0) cost to the City of Oxnard in 2024.
7070(c)(5): Command and control vehicles that are either built or modified to facilitate public safety units’ operational control and direction.
● Total number of command and control vehicles: 13
● Large mobile command vehicles: 2
● Vans: 2
● DUI enforcement command trailer: 1
● Police Ford Explorer forward command post vehicles: 8 ● Command and control vehicle usage: There were 213 deployments in 2024, broken down as follows:
● 180 for the Drone Unit van
● 18 for the large mobile command post, for major crimes, callouts and community events
● 15 for the Traffic Unit, to support special events and sobriety checkpoints ● 10 for major crime incidents, for crime scene mapping ● Annual cost: Approximately $63,400 for the 13 vehicles each year (fuel and maintenance) .
7070(c)(7): Battering rams, slugs, and breaching apparatuses that are explosive in nature.
● Frangible breaching shotguns: 2
● Breaching shotgun usage: Zero (0) times in 2024.
● Annual cost: No associated costs with this item in 2024.
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7070(c)(10): Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
● Total number of specialized firearms: 190
● Remington .308 caliber rifles: 5 . These are planned to be removed from inventory in 2025.
● Accuracy International AT .308 caliber rifles: 6
● Colt .223 caliber rifles: 107. Twenty (20) are“Colt Commandos” to be removed from the inventory in 2025
● Sionics .223 caliber rifles: 72
● Rifle usage: The Police Department deployed rifles in 87 incidents in 2024. It is important to note that these were limited to the pointing of firearms only. There was one instance of Oxnard Police Department personnel discharging a rifle of this type at a member of the public. This occurred on October 21, 2024 during an officer-involved shooting in the 3700 block of Leeward Way. A Critical Incident Community Briefing with more information is available to the public at:
https://www.youtube.com/watch?v=rzDvYk2cSHw
● Annual cost: No .223 rifle ammunition was purchased in 2024. Rifle maintenance was approximat ely $1,200. Ammunition costs for .308 caliber rifles was $10,588.00. Maintenance was unnecessary since the Accuracy International AT rifles were purchased in 2024.
7070(c)(12): “Flashbang” grenades and explosive breaching tools, ‘tear gas,’ and ‘pepper balls,’ excluding standard, service-issued handheld pepper spray.
For clarification, the term “flashbang” is commonly used to refer to “light, sound, diversionary devices” (LSDD). “Tear gas” is the term commonly used to describe 2- chlorobenzalmalononitrile gas, also referred to as “CS.” The Police Department’s inventory includes:
● Combined Tactical Systems (CTS) LSDD: 164
● CTS 5230B CS gas canisters: 31
● Defense Technology Triple Chaser CS gas: 12
● Defense Technology Spede-Heat CS gas: 12
● Defense Technology CS Ferret rounds: 10
● Defense Technology OC/CS vapor: 9
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● Defense Technology OC vapor: 17
● Pepperball launchers: 13
● Flashbang usage: 30 times in 2024.
● It is important to note that flashbangs deployed alone, without other equipment, successfully gained suspect compliance on 27 of the 30 occasions, eliminating the necessity for any additional force tactics. ● Annual cost: $4,408.18 for replenishment costs in 2024. ● Gas usage: The Police Department deployed CS gas 4 times in 2024, under the following circumstances:
● 2 for a barricaded suspect in a vehicle, in which the suspect refused to exit their vehicle.
● 2 for warrant services where the suspects refused to exit their residences. ● Annual cost: $2,173 for 2024 replenishment costs.
● Pepperball usage: 7 times in 2024.
● In all 7 instances, the device was successfully used to take a non-compliant suspect into custody.
● Annual cost: No associated costs with this item in 2024.
7070(c)(14): The following projectile launch platforms and their associated munitions: 40mm projectile l aunchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
● Penn Arms 40mm less lethal projectile launchers: 21
○ 10 direct impact sponge CS rounds
○ 10 direct impact sponge OC rounds
● 40mm projectile usage: Zero (0) times throughout the year. ● Annual cost: No associated costs with this item in 2024. ● Remington 870 less lethal (“bean bag”) shotguns: 22
● Less lethal shotgun usage: 3 times in 2024.
○ The less lethal shotgun was deployed in an attempt to take non -compliant suspects into custody.
● Annual cost: No associated costs with this item in 2024.
Intent to Acquire Additional “Military Equipment”
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The Oxnard Police Department intends to maintain sufficient stock of specific equipment to maintain standards and operational readiness. The Police Department routinely orders replacement stock to maintain the levels of equipment enumerated in the Military Equipment Inventory.
The sought items shown below are those that are anticipated at the time of this report.
Should additional items need to be acquired, they will be brought before the Oxnard City Council at a regularly scheduled meeting for approval consideration.
The Oxnard Police Department intends to seek approval for, acquire, and use the following items in 2025:
The Police Department intends to acquire five (5) additional 40mm projectile launchers.
These less lethal tools allow officers to engage violent, potentially armed suspects from a safe distance, allowing officers to attempt de- escalation techniques. These types of less-lethal projectiles are intended to mitigate the chance of officers having to use lethal force. The addition of these items is intended to increase the availability of this option when needed. The total cost to purchase these 40MM launchers is approximately $9,686.00. Five (5) of the launchers will be funded through Supplemental Law Enforcement Services Fund (“SLESF”). There would be no impact on the City’s General Fund.
The Police Department intends to replace/ acquire twenty-four (24) .223 caliber rifles for the department’s Patrol Division . The rifles currently assigned to the Patrol teams are over twenty years old, significantly exceeding their expected lifespan of five to seven years under patrol service conditions, rendering them overdue for replacement. The Patrol Division needs rifles for increased capacity in situations that require the ability to engage targets at longer distances, penetrate barriers, and effectively address threats, while minimizing risk to officers and mem bers of the public. These rifles also provide a tactical advantage in addressing high -risk scenarios such as active shooter situations or dealing with heavily armed suspects, allowing patrol officers to maintain control and respond decisively to potential threats. The total cost to purchase these rifles is $47,945
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and will be paid using Asset ForfeitureFunds (“AFF”). There would be no impact on the General Fund.
The Police Department’s 40mm projectile inventory has become depleted over the last year due to expired rounds and use during previous year deployments. Adding new 40mm projectile launchers (above) also increases the need for training and live rounds. To replenish the inventory, the Police Department needs to purchase five hundred (300) exact impact sponge rounds. The cost to purchase these rounds is $4,350.00, which the General Fund would cover. The Police Department must also purchase eight thousand sponge training rounds. The cost to purchase these training rounds is $9,360.00, whi ch will be paid using the General Fund.
Oversight
Government Code section 7070(d)(6) requires a declaration of the “mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.”
The attached Military Equipment Inventory portion from the Oxnard Police Department Policy Manual section 708 cites requirements to operate items listed in the inventory.
Additionally, it cites legal and procedural rules governing their use. These rules span from the Oxnard Police Department Policy Manual to the Oxnard City Code, to state and
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federal regulations. Both supervision and management have a fundamental obligation to ensure that Oxnard Police Department personnel ensure compliance. The Chief of Police is responsible to ensure that supervision and management are diligently working to promote and ensure compliance.
The Oxnard City Council, the governing body for the Oxnard Police Department and City of Oxnard, has not called for any military equipment items to require additional oversight.
Transparency
Government Code section 7071(b) requires any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant LEA for as long as the military equipment is available for use.
This report is available to the public on the Oxnard Police Department's website, at https://sites.google.com/oxnardpd.org/ab-481/ab-481.
Attachments
The following attachments are incorporated as a part of this annual report:
Oxnard Police Department’s Policy Manual section 708 (“Military Equipment”) ● Includes Inventory of Military Equipment (section 708.9)
City of Oxnard Ordinance 3014 (Ordinance)
● Codified in Oxnard City Code Section 2-212
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SEC. 2-212. MILITARY EQUIPMENT POLICY.
(A) The city council hereby adopts Oxnard police department Policy Manual Section 708 (the “policy”) which shall govern the use of military equipment by the Oxnard police department. The policy may be amended by the police chief or his/her designee, subject to city council approval.
(B) The policy shall be made publicly available on the Oxnard police department’s website for as long as the military equipment is available for use or as otherwise ordained by the city council. (C) The Oxnard police department shall submit an annual military equipment report to the city council containing the information required by Cal. Gov't Code, Section 7072 and the city council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Cal. Gov't Code, Section 7071(d). (D) The city council shall on an annual basis and at a regular meeting thereof review this section and vote on whether to renew it pursuant to Cal. Gov't Code, Section 7071(e)(2). At such time, the policy shall be presented to the city council as an attachment to the annual report.
(E) The definitions set forth in Cal. Gov't Code, Section 7070 shall apply to this section of the city code. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof. (Ord. No. 3014)
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Policy
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Published with permission by Oxnard Police Department
Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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708.2 POLICY
It is the policy of the Oxnard Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of the Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Oxnard Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or his/her authorized designee shall ensure the proposed military equipment policy is submitted to the governing body, and is available on the Department website at least (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
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(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions of Government Code § 7070 through § 7075, such assisting agencies must comply with their respective military equipment use policies when rendering assistance.
708.6 EXTRAORDINARY CIRCUMSTANCES
This policy also recognizes that there may be very limited or extreme instances where incidents of extraordinary nature could demand the need for incident commanders to authorize Department personnel to use equipment not specified in this policy. This decision must be influenced by the totality of the circumstances, including the due regard for the public's safety, officer safety, respecting civil rights, seriousness of the situation, and other information available at that time.
Should such extreme instances occur that call for members of this Department to use equipment not specified in this policy, the incident commander shall, if practical, notify the Chief of Police via the chain of command prior to deploying such equipment. Should such circumstances occur, the Chief of Police or his/her designee, shall notify the City Council as soon as practical, and indicate any such uses in the required annual report.
708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or his/her authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. 840
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(c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Chief of Police or his/her authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.9 MILITARY EQUIPMENT INVENTORY
The Department's inventory of "military equipment" is attached to this policy, and shall be updated annually. This inventory may include equipment the Oxnard Police Department does not currently possess but intends to acquire.
See attachment: 2024 Military Equipment (Policy Manual 708.9).pdf 708.10 COMPLAINT PROCESS AND QUESTIONS
Community members may submit complaints or questions about the use of military equipment by completing a citizen complaint and inquiry form. All citizen complaints will be reviewed in a timely manner in accordance with Oxnard Police Department Policy 1020, which provides guidelines for reporting, investigating, and disposition of complaints. Use of military equipment questions will be forwarded to Professional Standards for review and follow-up.
See attachment: Citizen Complaint-Commendation Form.pdf 841
Oxnard PD Policy Manual
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Attachments
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2024 Military Equipment (Policy Manual 708.9).pdf
2024 Military Equipment (Policy Manual 708.9).pdf
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Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Government Code Section 7070(c)(1): Unmanned, remotely piloted, powered aerial or
ground
vehicles.
Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Make/Model: DJI Matrice 300 RTK Quantity: 1 Lifespan: 200-300 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions, including images enhanced by forward-looking Infrared (FLIR) and optical zoom lenses. Manufacturer Product Description: “The all-new DJI Matrice 300 RTK Commercial Drone System has created a new standard for the commercial drone industry. With inspiration from modern aviation systems, the DJI Matrice 300 RTK offers up to 55 minutes of flight time. The advanced flight control system, 6 Directional Sensing and Positioning systems, AI spot-checking, Smart Track, PinPoint, Location Sharing, and an all-new Primary Flight Display make the Matrice 300 RTK one of the most powerful and capable industrial platforms on the market.” Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications Fiscal Impacts: $32,000 initial equipment purchase. The ongoing costs for software licensing and batteries will vary. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas with a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610. Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90-day periods).
Oxnard Police Department Policy Manual Section 708.9 844
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Make/Model: DJI Mavic Enterprise Advanced Quantity Owned/Sought: 2 owned Lifespan: 200-300 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions, including images enhanced by forward-looking Infrared (FLIR) and optical zoom lenses. Manufacturer Product Description: “The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12-megapixel photos that support up to 6x FHD zoom. DJI signature technologies, such as obstacle sensing and the advanced pilot assistance system, help you capture complex shots effortlessly. Additional features like the built-in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose-built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.” Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications Fiscal Impacts: $7,500 purchase price per unit. The ongoing costs for software licensing and batteries will vary. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas with a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610. Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90 day periods).
Oxnard Police Department Policy Manual Section 708.9 845
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Make/Model: DJI M30 Quantity Owned/Sought: 1 owned Lifespan: 200-300 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions. Manufacturer Product Description: “The M30 series integrates multiple high-performance sensors into a lightweight and portable body. Equipped with a remote controller designed for enterprise users and the newly upgraded Pilot 2 flight app, to improve the efficiency of drone operations.” Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications Fiscal Impacts: $10,000 purchase price per unit. The ongoing costs for software licensing and batteries will vary. Legal/Procedural Rules Governing Use: “Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610.” Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90-day periods).
Oxnard Police Department Policy Manual Section 708.9 846
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Govt. Code §7070(c)(1) Make/Model: DJI Avata Quantity: 2 Lifespan: 100-200 flight hours Equipment Capabilities: Remotely piloted aerial vehicles capable of providing real-time and recorded video images captured from aerial positions. Compact aircraft ideal for indoor flight operations. Manufacturer Product Description: “The DJI Avata is a state of the art FPV drone designed with extreme maneuverability in a compact airframe. With a flight time of approximately 18 mins on a single charge, the Avata gives pilots more durability than other compact UAVs. When paired with DJI Goggles 2, the Avata is easier to operate in confined spaces.” Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification, and mitigation; response to emergency calls; crisis communications Fiscal Impacts: $1,000 initial equipment purchase. The ongoing costs for software licensing and batteries will vary. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas with a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. Use is subject to Oxnard Police Department Policy Manual section 610. Training Required: Personnel must possess a valid Federal Aviation Administration Part 107 certificate, complete a Department training course, and must continuously train in both night and daytime flight environments (three takeoffs/landings within 90-day periods).
Oxnard Police Department Policy Manual Section 708.9 847
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Unmanned, remotely operated ground vehicle – CA Govt. Code §7070(c)(1) Make/Model: RoboteX Avatar Robot Quantity: 1 Lifespan: Approximately 10 years Equipment Capabilities: The small remotely operated ground vehicle can be deployed quickly and is capable of providing live and recorded video images through several cameras, including a pan, tilt, zoom camera. The vehicle has night vision capability. A built-in speaker and microphone provide the ability to establish verbal communication. Manufacturer Product Description: “ The RoboteX Avatar robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you have had a chance to assess the situation.” Purpose/Authorized Uses: Provides officers the ability to visually inspect hazardous environments and make two-way communication from a safe distance without exposing officers to potential hazards. The robot can be used during high-risk tactical situations, such as barricaded subjects and hostage rescues. The robot may also be used to inspect hazardous materials, possible explosive devices, and other hazardous situations. Fiscal Impacts: $12,433.87 initial purchase Legal/Procedural Rules Governing Use: Absent exigent circumstances, a search warrant must be obtained prior to the robot entering a private dwelling. All search and seizure laws shall be adhered to. Use is subject to Oxnard Police Department Policy Manual section 610.5.1. Training Required: Only SWAT Team personnel are authorized to control the robot after completing operator training.
Equipment Name: Unmanned, remotely operated ground vehicle – CA Govt. Code §7070(c)(1) Make/Model: Transcend Vantage Robot Quantity: 1 Lifespan: Approximately 10 years Equipment Capabilities: The small remotely operated ground vehicle can be deployed quickly and is capable of providing live and recorded video images through several cameras, including a pan, tilt, zoom camera. The vehicle has night vision capability. A built-in speaker and microphone provide the ability to establish verbal communication. Manufacturer Product Description: “ The transcend Vantage Robot is the only automatic stair and obstacle climbing robot available.” Purpose/Authorized Uses: Provides officers the ability to visually inspect hazardous environments and make two-way communication from a safe distance without exposing officers to potential hazards. The robot can be used during high-risk tactical situations, such as barricaded subjects and hostage rescues. The robot may also be used to inspect hazardous materials, possible explosive devices, and other hazardous situations. Fiscal Impacts: $62,818.00 initial purchase.
Oxnard Police Department Policy Manual Section 708.9 848
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Legal/Procedural Rules Governing Use: Absent exigent circumstances, a search warrant must be obtained prior to the robot entering a private dwelling. All search and seizure laws shall be adhered to. Use is subject to Oxnard Police Department Policy Manual section 610.5.1. Training Required: Only SWAT Team personnel are authorized to control the robot after completing operator training. Government Code Section 7070(c)(3): High mobility multipurpose wheeled vehicles
(HMMWV),
called
Humvees,
two-and-one-half-ton
trucks,
five-ton
trucks,
or
wheeled
vehicles
with
a
breaching
or
entry
apparatus
attached.
However,
unarmored
all-terrain
vehicles
(ATVs)
and
motorized
dirt
bikes
are
specifically
excluded
from
this
subdivision Equipment Name: Armored rescue vehicle – CA Govt. Code §7070(c)(2) Make/Model: Lenco Bearcat Quantity: 2 Lifespan: Approximately 20 years Equipment Capabilities: Provides ballistic protection up to .50 caliber. Range: 100 miles. Manufacturer Product Description: “ The Lenco Bearcat is a four-wheeled, five-speed automatic transmission, diesel engine-powered vehicle with ballistic resistant glass and armor rated to .50 caliber.” Purpose/Authorized Uses: Provides ballistic protection to accommodate the safe transport, security, and rescue of agency personnel and members of the public in high-risk incidents. Used to support tactical operations. Fiscal Impacts: $265,000 initial cost; $1,100 estimated average annual maintenance cost per unit. Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver’s license. Refer to Oxnard Police Department Policy Manual section 416. Training Required: Annual briefing training. Government Code Section 7070(c)(5): Command and control vehicles that are either
built
or
modified
to
facilitate
the
operational
control
and
direction
of
public
safety
units.
Equipment Name: Large mobile command vehicles – CA Govt. Code §7070(c)(5) Make/Model: Mattman Quantity: 1 Lifespan: 80k-100k miles Equipment Capabilities: The vehicle is equipped with communications equipment, office equipment, workstations, dispatcher stations, and a small conference area. Manufacturer Product Description: “Mattman” Purpose/Authorized Uses: Provides incident managers the ability to coordinate and manage police resources during large-scale events or incidents.
Oxnard Police Department Policy Manual Section 708.9 849
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Fiscal Impacts: $750,000 Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class B driver’s license. Training Required: Utilized by sworn personnel of the rank of Sergeant or higher. Does not require additional training. Notes: These vehicles will be replaced and sold at auction during Fiscal Year 2024-25. Equipment Name: Large mobile command vehicle – CA Govt. Code §7070(c)(5) Make/Model: Emergency Vehicles Inc. Quantity: 1 Lifespan: 80k-100k miles Equipment Capabilities: The vehicle is equipped with communications equipment, office equipment, workstations, dispatcher stations, and a small conference area. Manufacturer Product Description: “ EVI custom Police Mobile Command Vehicle Posts can be custom designed and built for your specific departments’ needs. A custom Mobile Command Police Center can be dispatched to any situation to be utilized as meeting areas, radio command centers, WIFI hubs, communication capabilities, and much more. Some of the features incorporated into past EVI custom Mobile Command Vehicle builds include TV Satellites, antennas, slide outs to allow for more room, scene lights, outside compartments for storage, cabinets, generator, restrooms, awning, outside TV and workstations, light tower, portable lighting, easy roof access and storage, coffee and snack bars with sink, and much more.” Purpose/Authorized Uses: Provides incident managers the ability to coordinate and manage police resources during large-scale events or incidents. Fiscal Impacts: $750,000 Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class B driver’s license. Training Required: Utilized by sworn personnel of the rank of Sergeant or higher. Does not require additional training. Notes: The Oxnard City Council approved this purchase on February 7, 2023. The vehicle is in the Police Department’s possession and is nearing completion, with an anticipated deployment in summer of 2025.
Equipment Name: Mid-sized mobile command vehicles – CA Govt. Code §7070(c)(5) Make/Model: Mercedes Benz Sprinter Van Quantity: 2 Lifespan: 80k-100k miles Equipment Capabilities: The vehicle is equipped with communications equipment, office equipment, workstations, dispatcher stations, and a small conference area. Manufacturer Product Description: “Sprinter. The van that goes the extra mile. It’s the van that hauls cargo, stows gear and raises standards. It’s the van that’s ready for anything, wherever your work or your lifestyle takes you. It’s the van that’s more than a van, because it’s also a Mercedes-Benz.” Oxnard Police Department Policy Manual Section 708.9 850
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Purpose/Authorized Uses: Both vans have been outfitted with communications equipment, computers, lighting, power, workstations, and secure storage cabinets. These vehicles provide a remote platform from which the Traffic Unit and Unmanned Aerial Services Unit can conduct operations. Fiscal Impacts: $126,000 purchase price for both vehicles, $30,000 - $40,000 to outfit each vehicle with the necessary equipment. Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver’s license. Training Required: Utilized by sworn personnel. Does not require additional training.
Equipment Name: DUI enforcement command trailer – CA Govt. Code §7070(c)(5) Make/Model: Garrett Custom Trailers Quantity: 1 Lifespan: Approximately 20 years Equipment Capabilities: The vehicle is equipped with communications equipment, office equipment, workstations, lighting, and power. Manufacturer Product Description: Garrett Custom Trailers 30’ box trailer Purpose/Authorized Uses: Utilized by the Traffic Unit during DUI/ drug enforcement operations and educational programs. Fiscal Impacts: $124,286.39 purchase and outfitting. Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver’s license. Training Required: Drivers must attend training on hitching, driving, and backing the trailer. Equipment Name: Small command vehicles – CA Govt. Code §7070(c)(5) Make/Model: Ford Explorers Quantity: 8 Lifespan: 80k-100k miles Equipment Capabilities: Ford Explorer chassis patrol vehicle, equipped with additional radio, mobile data computer, dry erase boards, and storage cabinets. The vehicle has a range of approximately 300 miles. Manufacturer Product Description: “Mid-size modular forward command post designed to meet the most demanding operational needs of the mobile field commander.” Purpose/Authorized Uses: Provides incident supervisors/managers the ability to coordinate and manage police resources during incidents. Fiscal Impacts: The purchase price of the vehicle is $38,000, and the cost to outfit the vehicle with equipment is $3,374.19. Legal/Procedural Rules Governing Use: Drivers must possess a valid California Class C driver’s license. Training Required: Utilized by sworn personnel of the rank of sergeant or higher. Does not require additional training. Oxnard Police Department Policy Manual Section 708.9 851
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Government Code Section 7070(c)(7): Battering rams, slugs, and breaching apparatuses
that
are
explosive
in
nature.
Equipment Name: Frangible breaching shotgun – CA Govt. Code §7070(c)(7) Make/Model: Royal Arms Quantity: 2 Lifespan: Approximately 25 years Equipment Capabilities: The modified 12 gauge Remington 870 shotgun is designed to fire a copper or clay compressed frangible (brittle, fragile) projectile through door locking mechanisms and hinges. After defeating a door's hardware, the projectile disintegrates, reducing the risk of potential injury to bystanders. Manufacturer Product Description: “Royal Arms is the original inventor, as well as oldest manufacturer of: Breaching Stand-Off Device, 12 Gauge Breaching Shotgun, Copper & Clay Frangible Breaching Rounds.” Purpose/Authorized Uses: SWAT officers can quickly, safely, and effectively breach doors and gates during high-risk search warrant services and hostage rescues. Fiscal Impacts: Approximately $800 per unit initial purchase. The ongoing cost of ammunition varies. Legal/Procedural Rules Governing Use: Absent exigent circumstances, a search warrant must be obtained prior to entering a private dwelling. All search and seizure laws shall be adhered to. Use is subject to Oxnard Police Department Policy Manual section 611 and the Oxnard Police Department SWAT Manual. Training Required: SWAT Team personnel are authorized to use the breaching shotgun after receiving the required training and have demonstrated the ability to utilize the tool safely and competently. SWAT Team personnel must undergo annual recertification and qualification.
Oxnard Police Department Policy Manual Section 708.9 852
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Government Code Section 7070(c)(10): Specialized firearms and ammunition of less than
.50
caliber,
including
assault
weapons
as
defined
in
Sections
30510
and
30515
of
the
Penal
Code,
with
the
exception
of
standard
issue
service
weapons
and
ammunition
of
less
than
.50
caliber
that
are
issued
to
officers,
agents,
or
employees
of
a
law
enforcement
agency
or
a
state
agency.
Equipment Name: Semi-Automatic Rifles and Ammunition (5.56mm/.223 caliber) – CA Govt. Code §7070(c)(10) Make/Model: Colt Quantity: 107 Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifle that fires a 5.56mm projectile. Manufacturer Product Description: “The Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle.” Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. Rifle maintenance was approximately $1,200. Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force and Firearms, including Oxnard Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433. Training Required: Officers must successfully complete a CA POST-certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Oxnard Police Department Policy Manual Section 708.9 853
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Semi-Automatic Rifles and Ammunition (5.56mm/.223 caliber) – CA Govt. Code §7070(c)(10) Make/Model: Sionics Quantity: 72 Lifespan: Approximately 15 years Equipment Capabilities: Semi-automatic rifle that fires a 5.56mm projectile. Manufacturer Product Description: “The Sionics SAR-15 Lothar Walther German Stainless Steel Precision Barrel will give you unmatched accuracy as well as incredible accuracy at distance.” Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter.When an officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment is approximately $1,100 per rifle. Rifle maintenance was approximately $1,200 Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force and Firearms, including Oxnard Police Department Policy Manual sections: 300, 305, 310, 312, 314.7.3, 433. Training Required: Officers must successfully complete a CA POST-certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Oxnard Police Department Policy Manual Section 708.9 854
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: .308 caliber bolt-action Rifle and Ammunition – CA Govt. Code §7070(c)(10) Make/Model: Remington 700 Quantity: 5 Lifespan: Approximately 15 years Equipment Capabilities: The Remington 700 Sniper Rifle fires a .308 caliber projectile at extended distances. Manufacturer Product Description: “ The Remington 700 is the number one bolt-action of all time, proudly made in the U.S.A. For over 50 years, more Model 700s have been sold than any other bolt- action rifle before or since. The legendary strength of its 3-rings-of-steel receiver paired with a hammer- forged barrel, combine to yield the most popular bolt-action rifle in history.” Purpose/Authorized Uses: This rifle is exclusively authorized for use by a sniper-trained SWAT officer and may be deployed in circumstances where the officer can articulate a reasonable expectation that the rifle may be necessary. Examples of some general guidelines for deploying the rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When the officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: $1,604.12 per rifle. .308 caliber rifle ammunition cost approximately $16,587.
Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force, including Oxnard Police Department Policy Manual sections 300, 305, 310, 312, 314.7.3, and the Oxnard Police Department SWAT Manual. Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST-certified sniper course and regular SWAT Sniper training and qualifications as required by law and policy. Notes: Now that the Department has 6 of the Accuracy International AT rifles the four (4) Remington .308 caliber rifles will be taken out of service and sold. One (1) rifle will be kept as a training/spare rifle.
Oxnard Police Department Policy Manual Section 708.9 855
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: .308 caliber bolt-action Rifle and Ammunition – CA Govt. Code §7070(c)(10) Make/Model: Accuracy International AT Quantity: 6 Lifespan: Approximately 15 years Equipment Capabilities: Accuracy International AT Law Enforcement fires a .308 caliber projectile at extended distances. Manufacturer Product Description: “The Accuracy International AT rifle series integrates the proven Accuracy International flat-bottomed, precision machined action that is epoxy bonded and bolted to a chassis with the best features of the AW and AE models to set a new standard of expectation for precision tactical rifles. The AT is a configurable, mission-adaptable, long-range tactical rifle system offered in .308/7.62 NATO.” Purpose/Authorized Uses: This rifle is authorized for use by a sniper-trained SWAT operator only and may be deployed in circumstances where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to: ● Situations where the officer reasonably anticipates an armed encounter. ● When the officer is faced with a situation that may require accurate and effective fire at long range. ● Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. ● When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. ● When an officer reasonably believes a suspect may be wearing body armor. ● When authorized or requested by a supervisor. Fiscal Impacts: $6,651 per rifle. No other associated costs for these rifles, because they were purchased in 2023. Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force, including sections 300, 305, 310, 312, 314.7.3, and the Oxnard Police Department SWAT Manual. Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST-certified sniper course and regular SWAT Sniper training and qualifications as required by law and policy. Notes: These rifles are replacing the Remington 700 rifles in the Department’s inventory.
Oxnard Police Department Policy Manual Section 708.9 856
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Government Code Section 7070(c)(12): “Flashbang” grenades and explosive breaching
tools,
“tear
gas,”
and
“pepper
balls,”
excluding
standard,
service-
issued
handheld
pepper
spray.
Equipment Name: “Flashbangs” – CA Govt. Code §7070(c)(12) Make/Model: Combined Systems Inc. Quantity: 164 Lifespan: 5 years Equipment: Produces 6-8 million candela of light and 175 decibels of sound Manufacturer Product Description: “ The Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces, the new 7290M is approximately 30% lighter than the 7290 but still has the same 175 decibel output of the 7290 and produces 6-8 million candela of light.” “The 7290-2 is a non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.” Purpose/Authorized Uses: The light sound diversionary device (“flashbang”) is a less-lethal device used during high-risk search warrants, arrests of armed and violent suspects, and hostage rescues. An intense bright light and loud noise are created, temporarily overwhelming a suspect's senses which may potentially prevent a suspect from harming officers. Fiscal Impacts: $47.06 per unit (Model 7290M), $81.94 per unit (Model 7290-2) Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual section 307. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel, K9 handlers, and former SWAT personnel assigned as patrol sergeants are authorized to carry light sound diversionary devices. All authorized personnel must attend a user's course taught by a POST-certified instructor and complete a qualification. Personnel must demonstrate proficiency and qualify annually.
Oxnard Police Department Policy Manual Section 708.9 857
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Combined Systems Inc. Quantity: 31 Lifespan: 5 years Equipment Capabilities: A “ less lethal” tool used to compel violent/armed and barricaded suspects to exit structures when the circumstances are too hazardous for officers to enter. It may also be used to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed with its use when feasible. Designed as a chemical agent dispersal tool and not an impact weapon. Manufacturer Product Description: “ CTS 5230B - CS baffled canister grenade, pyrotechnic, low flame potential grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.” Purpose/Authorized Uses: Less lethal tool used to compel violent/armed and barricaded suspects from vehicles and structures when the circumstances are too hazardous for officers to enter. It may also be used to disperse large, violent, and riotous crowds. Verbal warnings should precede its use when feasible. Fiscal Impacts: $38.00 per unit. $2,173 cost in 2023 for all gas replenishments. Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300, 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel who are responsible for formulating chemical agent deployment plans must attend California POST-certified chemical agent school and recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Oxnard Police Department Policy Manual Section 708.9 858
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 10 Lifespan: 5 years Equipment Capabilities: 40mm short-range CS chemical agent round with an effective range of 75 yards. Manufacturer Product Description: “Defense Technology 6322 40mm short-range CS chemical agent round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone.” Purpose/Authorized Uses: Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed with its use when feasible. Designed as a chemical agent dispersal tool and not an impact weapon. Fiscal Impacts: $34.55 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 10 Lifespan: 5 years Equipment Capabilities: 40mm short-range OC chemical agent round with an effective range of 75 yards. Manufacturer Product Description: “Defense Technology 6320 40mm short-range OC chemical agent round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone.” Purpose/Authorized Uses: Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed with its use when feasible. Designed as a chemical agent dispersal tool and not an impact weapon. Fiscal Impacts: $34.55 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Oxnard Police Department Policy Manual Section 708.9 859
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 12 Lifespan: 5 years Equipment Capabilities: Capable of delivering CS chemical agents quickly over a large area. Manufacturer Product Description: “Defense Technology Triple Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time.” Purpose/Authorized Uses: Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should precede its use when feasible. Designed as a chemical agent dispersal tool and not an impact weapon. Fiscal Impacts: $41.55 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300, 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 12 Lifespan: 5 years Equipment Capabilities: Capable of quickly delivering a large volume of CS chemical agent to disperse violent crowds. Manufacturer Product Description: “Defense Technology Spede-Heat CS is designed specifically for outdoor use in crowd control situations. The Riot Control Grenade is a high volume continuous burn canister that expels its payload in approximately 20 - 40 seconds.” Purpose/Authorized Uses: Less lethal chemical agent designed to compel large, violent, and riotous crowds to disperse from an outdoor area. Verbal warnings should proceed with its use when feasible. Designed as a chemical agent dispersal tool and not an impact weapon. Fiscal Impacts: $27.05 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Oxnard Police Department Policy Manual Section 708.9 860
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 10 Lifespan: 5 years Equipment Capabilities: Non-burning munition used to introduce CS chemical agents through doors and windows. Manufacturer Product Description: “Defense Technology CS ferret is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial.” Purpose/Authorized Uses: Less lethal tool used to compel violent/armed and barricaded suspects to exit from structures when the circumstances are too hazardous for officers to enter. Verbal warnings should proceed with its use when feasible. Fiscal Impacts: $20.55 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually. Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 17 Lifespan: 5 years Manufacturer Product Description: “Defense Technology OC vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist.” Purpose/Authorized Uses: Less lethal tool used to compel violent/armed and barricaded suspects to exit from structures and vehicles when the circumstances are too hazardous for officers to enter. Verbal warnings should precede its use when feasible. Fiscal Impacts: $44.45 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually.
Oxnard Police Department Policy Manual Section 708.9 861
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Chemical Agents – CA Govt. Code §7070(c)(12) Make/Model: Defense Technology Quantity: 9 Lifespan: 5 years Equipment Capabilities: Capable of delivering OC and CS chemical agent in vapor form. Manufacturer Product Description: “Defense Technology OC/CS vapor is a unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Provides best results when used indoors and requires no personal decontamination.” Purpose/Authorized Uses: Less lethal tool used to compel violent/armed and barricaded suspects from structures when the circumstances are too hazardous for officers to enter. Verbal warnings should precede its use when feasible. Fiscal Impacts: $53.10 per unit Legal/Procedural Rules Governing Use: Use is subject to Oxnard Police Department Policy Manual sections 300 and 308.6. Operational use is under the purview of the SWAT Commander or Watch Commander. Training Required: SWAT personnel responsible for formulating chemical agent plans must attend California POST-certified chemical agent school and must recertify every three (3) years. SWAT officers may deploy chemical agents during high-risk SWAT operations after attending a chemical agents course taught by a POST-certified instructor. Officers must qualify annually. Equipment Name: Pepperball launcher/pepper balls – CA Govt. Code §7070(c)(12) Make/Model: Pepperball Quantity: 13 Lifespan: Approximately 15 years Manufacturer Product Description: “ The need for non-lethal options in daily patrol, crowd management, corrections, and other situations has never been greater. PepperBall, as the leading non- lethal option, allows officers to maintain distance from crowds and individual assailants. This reduces risk while enhancing the capability of officers to limit or control escalation, to repel or temporarily incapacitate threats, and to keep themselves and the public safe while performing their duties.” Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the device's intended use should precede its application. The pepperball is a “less lethal” device that affords officers with force options that are intended to mitigate the likelihood of having to use lethal force. Fiscal Impacts: $499 per launcher. No associated costs with this item in 2024.
Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force including sections 300 and 308. Training Required: Initial orientation course, including qualifications, are provided by Department members who have attended a POST-certified instructor’s course; annual recertification, including qualifications are required by all operators.
Oxnard Police Department Policy Manual Section 708.9 862
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Government Code Section 7070(c)(14): The following projectile launch platforms and
their
associated
munitions:
40mm
projectile
launchers,
“bean
bag,”
rubber
bullet,
and
specialty
impact
munition
(SIM)
weapons.
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions – CA Govt. Code §7070(c)(14) Make/Model: Penn Arms Quantity: 21 Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, as well as chemical agents. Manufacturer Product Description: “ Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers.” Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the device's intended use should precede its application. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a “less lethal” use of force option, which serves as an additional option to mitigate the possibility of using lethal force. Fiscal Impacts: $3,400 initial purchase per launcher, $2,500 initial purchase of 40mm projectiles. No associated costs with this item in 2024. Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force, primarily Oxnard Police Department Policy Manual sections 300 and 308. Training Required: Initial orientation course, including qualifications, are provided by Department members who have attended a POST-certified instructor’s course; annual recertification, including qualifications by demonstrated use in a training environment, are required of all operators.
Oxnard Police Department Policy Manual Section 708.9 863
Attachment Oxnard Police Department Policy Manual 708.9 Inventory of Military Equipment Equipment Name: Less Lethal Shotgun – CA Govt. Code §7070(c)(14) Make/Model: Remington Quantity: 22 Lifespan: Approximately 20 years Equipment Capabilities: The Model 2581 Super-sock is a less-lethal impact munition fired from a standard 12 gauge shotgun. The super-sock projectile is a fabric bag filled with lead shot. The effective range is 75 feet. Manufacturer Product Description: “The Super-Sock is first in its class, providing the point control accuracy and consistent energy to momentarily incapacitate violent, non-compliant subjects. The effective range is 75 feet.” Purpose/Authorized Uses: To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the device's intended use should precede its application. The pepperball is a “less lethal” device that affords officers with force options that are intended to mitigate the likelihood of having to use lethal force.
Fiscal Impacts: The 12 gauge shotguns used to deploy the Super-Sock impact munition are re-purposed Remington 870 shotguns taken from the Oxnard Police Department inventory. Approximately $35.50 for a box of 5 Super-Sock projectiles. No associated costs with this item in 2024.
Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Oxnard Police Department Policies on Use of Force including sections 300 and 308. Training Required: Initial orientation course, including qualifications, are provided by Department members who have attended a POST-certified instructor’s course; annual recertification, including qualifications, are required by all operators.
Oxnard Police Department Policy Manual Section 708.9 864
Attachment
Oxnard PD Policy Manual
Copyright Lexipol, LLC 2025/05/02, All Rights Reserved.
Published with permission by Oxnard Police Department
Citizen Complaint-Commendation Form.pdf - 7
Citizen Complaint-Commendation Form.pdf
Citizen Complaint-Commendation Form.pdf
865
OXNARD POLICE DEPARTMENT
Protecting Our Community with Exceptional Service
CHIEF OF POLICE
Jason Benites
ASSISTANT POLICE CHIEF
Denise S. Morehouse
ASSISTANT POLICE CHIEF
Christopher Williams
251 SOUTH C STREET, OXNARD, CALIFORNIA 93030-5789 * (805) 385-7600 * http://oxnardpd.org
To our Community:
We at the Oxnard Police Department constantly strive to provide the highest quality service in a courteous and professional manner. Everyone that we serve can provide us with valuable feedback about the quality of our service. Also, unfortunately, in the course of police operations, conflicts or misunderstandings can occasionally arise between Police Department employees and community members. Recognizing these facts, we have an established procedure that permits members of the community to report Police Department employee conduct that they feel is exemplary, or unprofessional. If you feel that a member of the Oxnard Police Department has acted in a commendable manner or has acted improperly, a Citizen Commendation / Complaint form is available. You may also complete this form if you have a complaint or inquiry about the Police Department’s use of what the Government Code defines as “military equipment.”
The commendation/complaint procedure serves two purposes. First, we wish to give the public an opportunity to document their appreciation for the efforts of our employees. Second, this is a method to note Police Department employee conduct and to take corrective action when the circumstances justify it. The citizen's complaint procedure will not be used as a means for reducing or dropping a criminal or traffi c charge. It is a formal, administrative procedure used by the police administration to ensure that community members are treated properly, with respect, and are receiving quality service.
We also encourage community members to contact the Watch Commander or a supervisor.
Watch Commanders are available 24 hours a day at (805) 385 -7778. Community members can request that the Police Department employee call a supervisor at the time of the incident. The Watch Commander or supervisor can often provide information that explains what occurred. If they cannot satisfactorily explain the conduct of a Police Department employee or a policy of this department, persons should submit a Citizen's Commendation / Complaint form so that the incident may be investigated.
Sincerely,
Chief of Police
866
OXNARD POLICE DEPARTMENT
Protecting Our Community with Exceptional Service
CHIEF OF POLICE
Jason Benites
ASSISTANT POLICE CHIEF
Denise S. Morehouse
ASSISTANT POLICE CHIEF
Christopher Williams
251 SOUTH C STREET, OXNARD, CALIFORNIA 93030-5789 * (805) 385-7600 * http://oxnardpd.org A nuestra comunidad:
Nosotros en el Departamento de Policía estamos constantemente tratando de proveer servicio de la más alta calidad de una manera profesional. Las personas a las que servimos son una fuente importante de información, al igual que las respuestas acerca de la calidad de nuestros servicios. También, desafortunadamente, en el curso de las operaciones de la policía, pueden resultar conflictos o equivocaciones entre los empleados del Dep artamento de Policía y los miembros de la comunidad a quien servimos. Reconociendo esto, tenemos un proceso establecido que permite a los miembros de la comunidad poder reportar al Departamento de Policía la conducta de los empleados que se cree que han si do ejemplar o han actuado de una manera inapropiada. Si usted cree que un empleado del Departamento de Policía se ha portado de una manera ejemplar o se ha portado inapropiadamente, la forma "Reconocimiento/Queja del Residente" está disponible para usted. También puede utilizar est a forma si tiene una queja o pregunta sobre el uso de "equipo militar" por parte del Departamento de Policía.
El propósito de la forma de reconocimiento/queja es para el uso de estas dos circunstancias.
Primero, queremos darle a la comunidad una oportunidad para documentar su aprecio por los esfuerzos de nuestros empleados. Segundo es un método para anotar la conducta de los empleados del Departamento de Policía y tomar acciones correctivas cuando las circunstancias lo justifican. El proceso no se usará para reducir o eliminar un cargo criminal o una violación de tráfico. Este es un proceso formal y administrativo, utilizado por la Administración del Departamento de Policía para asegurar que los miembros de la comunidad sea n tratados apropiadamente, con respeto, y que estén recibiendo un servicio de calidad.
Animamos a los miembros de la comunidad que se comuniquen con el Comandante de Policía o Supervisor. Los Comandantes de Policía están disponibles las 24 horas del día. El número de teléfono es 385 -7778. Miembros de la comunidad pueden pedir al empleado del Departamento de Policía que llame a un Supervisor al mismo tiempo que esté ocurriendo el incidente. Muchas veces, en encuentros negativos el Com andante o Supervisor puede proveer información que explique lo que ocurrió. Si el Comandante no le explica la acción del empleado o la póliza del Departamento de Policía a su satisfacción, usted puede someter una forma de "Reconocimiento/Queja del Residente" para que el incidente sea investigado.
Sinceramente,
Jefe de Policía
867
Use additional pages if needed
Revised May 2024
CITIZEN’S COMMENDATION/COMPLAINT
AB 481 COMPLAINT/INQUIRY
RECONOCIMIENTO/QUEJA DEL RESIDENTE
AB481 QUEJA/PREGUNTA
Date Received Time Received
Fecha Recibida Hora Recibida
Name of Commentator: Age:
Nombre de la persona haciendo el reconocimiento/queja Edad Address:
Domicilio
Telephone Numbers: Day: Evening:
Números de Teléfono: Día Noche
Email Address:
Correo Electronico:
Time and Date of Occurrence:
Hora y Fecha de la Ocurrencia
Location(s) of Occurrence:
Localización(es) de la Ocurrencia
Officer(s) Involved:
Oficial(es) involucrado(s)
Type of Comment: Commendation Complaint__ Inquiry (Brief – offensive language, harassment, etc.) Tipo de Comentario: Reconocimiento Queja_____ Pregunta (Breve – lenguaje ofensivo, hostigamiento, etc.)
____________________________________________________________________________________________ ____________________________________________________________________________________________ Brief Narrative of Circumstances:
Breve narrativo de las circunstancias:
__________________________________________________________________ __________________________
____________________________________________________________________________________________ 868
Use additional pages if needed
Revised May 2024
Witnesses: Name
Nombre
Address Telephone
Domicilio Teléfono
Name
Nombre
Address Telephone
Domicilio Teléfono
WARNING It is a violation of Section 47.5 of the California Civil Code to knowingly file a false complaint against any person. Doing so could subject you to a civil lawsuit.
ADVERTENCIA Es una violación de sección 47.5 del Código Civil de California hacer una queja falsa deliberadamente contra cualquier persona. Con hacerlo se puede exponer a una demanda en la corte civil.
“I hereby certify that, to the best of my knowledge, the statements herein are true.” “Yo certifico que, en lo mejor de mi conocimiento, las declaraciones contenidas son verdaderas.”
Signature of Commentator:
Firma de la persona haciendo el reconocimiento/queja
Form provided by: Date:
Forma suministrado por: Fecha:
Action(s) taken by Supervisor (Investigated, Officer Counseled, Unfounded, Referred to the Professional Standards Unit, etc.
Acción(es) tomada por el supervisor (Investigadas, Aconsejado, Caso Invalido, Referido a la Unidad de Normas de Conducta, etc.)
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________ Report received by: _____________________________
Reporte recibido por:
869
___________________________________________
___________________________________________
City of Oxnard Police Department
Internal Affairs Unit
251 South “C” Street
Oxnard, California 93030
870
Oxnard City Council Meeting
May 20, 2025
Oxnard Police Department
“Military Equipment” Use Report
fo r
Calendar Year 2024
Commander S teve Trickle
871
That the City Council:
1. Receive the Police Department's annual report concerning its inventory and use of military equipment, in accordance with Government Code sections 7070-7075.
2. Approve the renewal of City of Oxnard Ordinance 3014, which is codified in Oxnard City Code Section 2-212 as the City’s “Military Equipment Policy” as required by Government Code section 7071 (e)(1).
3. Approve the continuing authorization for the funding, acquisition, and use of military equipment by the Oxnard Police Department’s military equipment inventory as required by Government Code section 7071 (e)(2).
4. Approve the acquisition and use of the following military equipment items:
a. Five (5) 40mm projectile launchers
b. Twenty-four (24) .223 caliber rifles
REC O MMEN D ATIO N 2
872
Assembly Bill 481
• Signed by Governor Newsom September 30, 2021
• Concern over the militarization of police departments in US • Concern over the use of surplus military equipment
• Improved transparency
• Defines certain equipment as “military equipment”
• Codified in Government Code sections 7070- 7075
• Went into effect on January 1, 2022
• Law enforcement agencies must meet certain
requirements to use equipment defined in these codes
BACKGROUND 3
873
BACKGROUND 4
● Defense Logistics Agency's 1033 Program
● Formerly Defense Reutilization Marketing Office Program ("DRMO")
OXNARD PD CEASED PROCURING EQUIPMENT
FROM THESE PROGRAMS
874
• Although defined as “military equipment” it is not
necessarily manufactured, intended for use, or used by the military
• Most of the equipment defined in these codes has been utilized by the Oxnard Police Department for decades
• Many of the items are not weapons
• The majority of the weapons are “less lethal” weapons EQUIPMENT DEFINED AS MILITARY EQUIPMENT 5
875
Examples of “Military Equipment”under AB 481
• Command vehicles
• Armored vehicles
• Unmanned aerial vehicles (“drones”)
• Less lethal shotguns
• 40mm less lethal impact weapons
• Chemical agents
• Patrol rifles
**This is not a comprehensive list
EXAMPLES 6
876
• Law enforcement agencies must obtain approval from
their applicable governing body (City Council) via the
adoption of a “military equipment” use policy by
ordinance before the law enforcement agency may fund,
acquire, or use such equipment.
• A public meeting to discuss this policy was held 30 days prior to City Council approving
• On June 7, 2022, the Oxnard City Council adopted the
Oxnard Police Department’s Military Use Policy (Policy
Section 708)
AB 481 REQUIREMENTS 7
877
• Policy went into effect July 6, 2022
• Policy must be available to the public
• https://sites.google.com/oxnardpd.org/department-policy- manual/department-policy-manual
• https://sites.google.com/oxnardpd.org/ab-481/ab-481
• Policy includes the department’s military equipment
inventory
• City Council must vote annually to re-approve this policy • Department must provide an annual “military equipment use report”
• Department must have a community meeting
AB 481 REQUIREMENTS 8
878
WWW.OXNARDPD.ORG 9
• https://sites.google.com/oxnardpd.org/department-policy-manual/department-policy-manual • https://sites.google.com/oxnardpd.org/ab-481/ab-481
AB 481 Materials
here
879
Military Equipment Report must contain the following
information:
• A summary of how the military equipment was used and
the purpose of its use.
• A summary of any complaints or concerns received
concerning the military equipment.
• The results of any internal audits, information about violations of the military equipment use policy, and any actions taken in response.
MILITARY EQUIPMENT REPORT 10
880
• The total annual cost for each type of military equipment. • The quantity possessed for each type of military
equipment.
• If the law enforcement agency intends to acquire additional military equipment in the next year, and the quantity
sought for each type of military equipment.
The report covers calendar year 2024
MILITARY EQUIPMENT USE REPORT CONTINUED 11
881
The following slides include highlights from the
Oxnard Police Department’s 2024 Military Equipment
Use Report that was provided to City Council.
There were no complaints related to the military
equipment in 2024, nor were there any violations of
policy related to the equipment.
(Due to the amount of data included in the report, please hold your questions to the end of the presentation)
2024 MILITARY EQUIPMENT USE REPORT 12
882
Uncrewed, remotely piloted, powered aerial or ground vehicles • OXPD has used unmanned aerial vehicles (UAV) since
2019
• These vehicles provide a wide range of defined operations • All OXPD drone pilots are FAA certified
• UAV operations are documented in a “flight log”
• No complaints were received regarding the use of UAVs • UAVs were used one hundred eighty (180) times during
this reporting period
CALIFORNIA GOVERNMENT CODE 7070(C)(1) 13
883
CURRENT OXPD DRONES
4 DJI Matrice 210
Approximate size comparisons are relative, and not to scale DJI Avata
DJI M30
DJI Mavic Enterprise
884
CALIFORNIA GOVERNMENT CODE 7070(C)(1) 15
Breakdown of UAS Deployments in 2024
Field Operation Support (e.g., area searches) 58
Tactical Assists 49
Crime Scene Documentation 19
Special Event Support 17
Area Mapping
Drone as a First Responder (Test Program)
11 13
Training 13
Total 180
885
Drone First Responder (DFR) Program
• Five (5) year contract approved by City Council in 2024 • BRINC Drones Inc.
• Three (3) drone nests with drones (BRINC Responder)
• Two (2) tactical drones (Lemur 2)
UPCOMING IMPLEMENTATION 16
886
Unmanned, ground, robotic vehicles
• Small, battery operated, remote controlled vehicles
• SWAT Team possesses two (2) of these vehicles
• Has the ability to locate and communicate with suspects • A search warrant must be obtained prior to using this vehicle to enter a residence
• Training to operate is provided by SWAT officers
• No ongoing costs associated with these items
• This equipment was used (3) times during this reporting period.
CALIFORNIA GOVERNMENT CODE 7070(C)(1) 17
887
Transcend Robotics Vantage Robot
• This device is used to enter structures to locate violent, often armed, subjects wanted for violent crimes.
• This equipment provides a safer option for officers to get a view into a building or structure through the robot’s camera system, and decreases the likelihood of a lethal force encounter
• No ongoing costs
CALIFORNIA GOVERNMENT CODE 7070(C)(1) 18
888
Transcend Robotics Vantage Robot
• September8, 2024deployment
CALIFORNIA GOVERNMENT CODE 7070(C)(1) 19
889
CALIFORNIA GOVERNMENT CODE 7070(C)(3) 20
Mine-resistant ambush-protected vehicles or armored personnel carriers
● The Department owns two (2) Lenco Bearcat armored vehicles ● Provides ballistic protection during high-risk incidents ● No weapons
● Gives officers the ability to safely utilize de-escalation techniques
● Also used by Fire Department Tactical Emergency Medical Services (TEMS)
● Only ongoing costs are preventative maintenance and fuel (approximately $1,100 per unit per year)
● Used on forty-eight (48) occasions in 2024
○ 3 responses to armed subjects and assist patrol officers ○ 25 for search warrants
○ 20 for community engagement events
● No complaints were received during this reporting period 890
CALIFORNIA GOVERNMENT CODE 7070(C)(3) 21
Oxnard Police Department Armored Rescue Vehicle (Lenco Bearcat) 891
CALIFORNIA GOVERNMENT CODE 7070(C)(3) 22
Oxnard Police Department Armored Rescue Vehicle (Lenco Bearcat) 892
CALIFORNIA GOVERNMENT CODE 7070(C)(4) 23
Tracked armored vehicles that provide ballistic protection and utilize a tracked system
● The Police Department does not own this type of vehicle ● The Ventura County Sheriff’s Department owns a Rook
● Small ballistic Caterpillar
● Mitigates risks to SWAT officers while performing
dangerous tasks during high-risk incidents
● The Sheriff’s Department makes this equipment available to the Department
● Used on one (1) occasion this reporting period
● There are no costs to the City associated with its use ● No complaints were received
893
CALIFORNIA GOVERNMENT CODE 7070(C)(4) 24
“The Rook”
894
CALIFORNIA GOVERNMENT CODE 7070(C)(5) 25
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units ● The Department currently owns thirteen (13)
○ Two (2) large command vehicles
○ Two (2) Sprinter vans
○ One (1) DUI enforcement trailer
○ Eight (8) Ford Explorer sport utility vehicles
● The Ford Explorers are used on a daily basis
● The large command vehicle was used eighteen (18) times in 2024
● The UAS van was used one hundred eighty (180) times
● The traffic van was used fifteen (15) times
● After the initial purchase cost, the only ongoing costs are fuel and maintenance (approximately $63,400 for fuel and
maintenance)
● No complaints regarding the use of these vehicles were id
895
CALIFORNIA GOVERNMENT CODE 7070(C)(5) 26
896
Battering rams, slugs, and breaching apparatuses that are explosive in nature
• The SWAT Team has two (2) shotguns designed for
breaching
• The shotguns were purchased approximately 20 years ago • All required training is provided by Department personnel • There are no ongoing costs associated with this equipment • These items were not used during this reporting period outside of training
CALIFORNIA GOVERNMENT CODE 7070(C)(7) 27
897
Specialized firearms and ammunition of less than .50
caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code
.223 caliber rifles
• Only officers who have received POST training may carry .223 caliber rifles
• Officers must qualify and re-qualify on an annual basis • Rifles are only used when circumstances indicate the use of lethal force may become necessary
• The Department spent approximately $10,598.85 on
ammunition and maintenance
CALIFORNIA GOVERNMENT CODE 7070(C)(10) 28
898
• Ongoing training and maintenance is provided by Department Range Safety Unit personnel
• This weapon was fired on one occasion while confronting a suspect armed with a handgun during this reporting period • California POST defines the intentional pointing of a firearm at a member of the public as a “reportable use of force”
• All reportable uses of force are investigated and tracked by the Professional Standards Unit
• During this reporting period rifles were “pointed” on (87) occasions
• The Department did not receive any complaints regarding the use of rifles
CALIFORNIA GOVERNMENT CODE 7070(C)(10) 29
899
Precision .308 caliber rifles
• In addition to .223 caliber rifles, the Police Department also possesses eleven (11) .308 caliber precision rifles,
• Used only by a few select officers assigned to the SWAT Team
• Officers assigned these rifles receive extensive training and qualify on a monthly basis
• These rifles were not fired other than during training • The Police Department did not receive any complaints
CALIFORNIA GOVERNMENT CODE 7070(C)(10) 30
900
CALIFORNIA GOVERNMENT CODE 7070(C)(12) 31
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray
“Flashbangs” (Light Sound Diversionary Devices)
● The SWAT Team uses them
● Provides officers with a method to distract violent suspects ● Significantly reduces risks to officers when dealing with violent suspects
● Officers authorized to use these devices must attend a POST-certified course provided by Department personnel
● These devices were used thirty (30) times in 2024
○ Gained suspect’s compliance on 27 of the 30 occasions, eliminating the necessity for any additional force tactics ● The Department did not receive any complaints
901
CALIFORNIA GOVERNMENT CODE 7070(C)(12) 32
“Flashbangs” (Light Sound Diversionary Devices)
902
Tear gas
• The SWAT Team has chemical agents, more commonly
known as “tear gas”
• Less lethal tool used to safely compel barricaded
suspects out of vehicles or structures
• Used during high-risk incidents to mitigate risks to
officers
• Training is provided by POST-certified SWAT personnel • Used three (3) times during this reporting period
• The Department did not receive any complaints
CALIFORNIA GOVERNMENT CODE 7070(C)(12) 33
903
CALIFORNIA GOVERNMENT CODE 7070(C)(12) 34
CS Gas (not to scale)
904
Pepperball
• Less lethal weapon that deploys small spheres filled with a chemical irritant
• Used to overcome a resistant violent suspect without the need to use lethal force
• Officers are trained by POST-certified personnel
• The pepperball was used seven (7) times during this
reporting period
• The Department did not receive any complaints
CALIFORNIA GOVERNMENT CODE 7070(C)(12) 35
905
CALIFORNIA GOVERNMENT CODE 7070(C)(12) 36
Pepperball launcher and munitions (not to scale)
906
40mm projectile launchers, “bean bag”, rubber bullet, and specialty impact munition weapons
Bean bag shotgun/ 40mm extended range impact weapon
• The Police Department uses 12 gauge less lethal shotguns and 40mm impact devices
• These less lethal devices give officers the ability to address a violent suspect from a safe distance
• Increased distance provides for more opportunity to use de- escalation techniques
• The less lethal shotgun was used on three (3) occasions while the 40mm was not used
• Any deployment, whether or not it makes contact with a subject, is a reportable use of force and is reviewed by the Professional Standards Unit
CALIFORNIA GOVERNMENT CODE 7070(C)(14) 37
907
CALIFORNIA GOVERNMENT CODE 7070(C)(14) 38
40MM Launchers and Munitions Bean Bag Shotgun and Munitions 908
Government Code 7070 requires the Police Department to:
• Disclose any equipment deemed military equipment
under this statute that the Department intends to acquire • Including the number and type sought, during the next reporting period.
Military Equipment Acquisitions 39
909
40mm Projectile Launchers
Five (5) additional 40mm projectile launchers
• Less lethal tools allow officers to engage violent, potentially armed suspects from a safe distance, also allowing officers to attempt de- escalation techniques
• Often prevent officers from using lethal force
• The addition of these items is intended to increase the availability of this option when needed, and will be secured in the K-9 Patrol Units • The total cost to purchase these 40mm launchers is approximately $9,686.00 which will be paid using Supplemental law Enforcement Services Fund (SLESF)
Military Equipment Acquisitions: ITEMS BEING SOUGHT 40
910
40mm rounds (training and live)
• The Department’s inventory of 40mm rounds has become
depleted over the last year due to expired rounds and use during previous years
• The addition of new 40mm projectile launchers also
increases the need for training and live rounds
• The total cost to purchase these rounds are $9,360.00 and will be paid using the General Fund
Military Equipment Acquisitions: ITEMS BEING SOUGHT 41
911
.223 Caliber Rifles
• Twenty-four (24) replacement .223 caliber rifles
• The rifles currently assigned to the Patrol Bureau are over 20 years old and have exceeded their expected lifespan under patrol team conditions • Needed for increased firepower and accuracy in situations that require the ability to engage targets at longer distances, penetrate barriers, and effectively address threats, while minimizing risk to officers and members of the public. • Provide a tactical advantage in addressing high-risk scenarios such as active shooter situation or dealing with heavily armed suspects • The total cost to purchase these rifles is $47,945 and will be paid using Asset Seizure Forfeiture Funds (AFF)
Military Equipment Acquisitions: ITEMS BEING SOUGHT 42
912
QUESTIONS
43 913