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signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD CLARK LAND RESOURCES, INC.
☐Luis A. Mc Arthur, Mayor1 Date Linda L. Clark, Date
☐Jennifer Yates, Purchasing Manager2 CEO and Board President
Sue Cope, Date
Corporate Secretary,3
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Clark Land Resources, Inc.)
SCOPE OF SERVICES
PROJECT MANAGER: KJ May
TITLE: Construction Project Manager Senior
PHONE: (805) 393-3871
EMAIL: [email protected]
Professional Service Consultant (Consultant) shall provide governmental real estate services, including but not limited to, property investigations and obtaining preliminary title reports; initial contacts with property owners; preparation and processing of easement, rightof-way, and sale agreements; obtaining real property appraisals; relocation services; property disposition; and such other services as may be required by the City of Oxnard (City). The Consultant shall provide services for various projects which include, but not be limited to, public buildings, housing, public work infrastructure and such other facilities as may be required.
Services shall be provided by the Consultant on projects as authorized and directed by the City under a duly executed and approved Task Order. The task order proposal shall identify a concise schedule for completion of the Work. It is the Consultant's responsibility to determine the best and most cost-effective method to complete the task so that the assigned task order can be completed to the satisfaction of the City. Task orders will be negotiated as a lump sum amount per term based upon the hourly rate fee schedule as agreed to by the City and Consultant for all services and under agreement amount. Task order funds will be encumbered based on quote provided to the City by Consultant per task order. This Scope of Work will allow for additional professional services offered by Consultant and the services noted below shall not be restricted to those directly stated.
Project under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:
• Domestic water distribution system;
• Sanitary sewer collection system;
• Storm drainage collection system;
• Arterial, collector and local streets;
• Transportation system;
• Building and other types of facilities;
• Public park improvements;
• Beach maintenance;
• Seawall and dredge maintenance;
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• Railway platform maintenance.
The Scope of Work shall include, but not be limited to the following:
Subcategory 1.1 - Real Property Services
• Perform preliminary property investigations, including obtaining County Assessor information and review of previous correspondence and contacts with the Owner.
Review project plans and visit sites with City Staff.
• Obtain and review preliminary title reports.
• Lead good faith negotiations to reach timely, amicable agreements. Be proactive in initial and follow-up contacts with property owners. Respond to the owner's requests for information and others follow through. Receive, review, and transmit information from property owners to the City.
• Obtain and review real property appraisals. Report format will comply with the standards of the Appraisal Institute.
• Perform other real estate consulting services and related matters as requested by the City.
Subcategory 1.2 - Right of Way Acquisition
• Prepare correspondence, diaries, forms, easement, right-of-entry, and/or right-of-way agreements, purchase offers, and deeds.
• Process documents for recordation of easements, agreements, and deeds. Close out files to support State, County, and/or Federal right-of-way certification. Assist with Caltrans certification as necessary.
• Contact and negotiate with lessees and handle any necessary subordination. • Attend periodic coordination and other project meetings as necessary. • Assure compliance with agreements during construction. • Perform other right-of-way consulting services and related matters as requested by the City.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Clark Land Resources, Inc.)
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Clark Land Resources, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document. [SEE NEXT PAGES]
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Clark Land Resources, Inc.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Clark Land Resources, Inc.)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform the Project as a public work.
Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
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7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.
8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed
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above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.
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added rate sheet)
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9
DATE: October 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Multiple Agreements for On-Call Landscape Architect Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of three years from October 8, 2025, to October 7, 2028, with an option for two consecutive one-year period extensions ending October 7, 2030, for on-call Professional Landscape Architect Services:
1. Agreement 32600006 with David Volz Design Landscape Architects, Inc. DBA David Volz Design for a total amount not to exceed $750,000;
2. Agreement 32600007 with IDS Group, Inc. for a total amount not to exceed $750,000;
3. Agreement 32600008 with Pacific Coast Land Design, Inc. for a total amount not to exceed $750,000; and
4. Agreement 32600009 with RJM Design Group, Inc. for a total amount not to exceed $750,000. (Public Works and Transportation Committee approved 3-0 on September 9, 2025)
BACKGROUND
The Public Works Department (PW) utilizes professional consulting firms to provide licensed and/or technical expertise in various disciplines that support the development and implementation of the Capital Improvement Program (CIP) as well as other non-CIP projects. Utilization of these specialized contractors is necessary to provide services that supplement the skills, experience, and sometimes peak workload times of City staff. It is in the City’s interest to have a pool of these professional service contractors available on-call for a range of technical disciplines so that services can be procured, and needed work can proceed, in fairly short order.
Pre-approved on-call professional service agreements reduce the amount of time necessary to procure service contractors and thus facilitate the timely completion of certain categories of CIP and other projects. The specific services covered under this request include but are not limited to, general architectural design services, landscape & parks design; producing reports, studies, master plans, conceptual designs, permitting requirements, budget estimates, preliminary studies, public outreach, renderings, drawings, specifications, estimates, scopes of work, and other professional architectural services including utility coordination and design services.
This is the first instance Oxnard has issued landscape architect-specific professional on-call agreements. As such, the historical usage costs for these services is difficult to separate out from previous general architectural contract expenditures. Over the next several years, it is anticipated that an increasing amount of landscape architecture services will be needed to support CIP projects (e.g. Citywide Playground Replacement). The projected agreement amount per vendor, $750k, should conservatively be sufficient to cover the anticipated needs in the current and near-future CIP; the actual amounts used may be less, and the next year or two will provide usage data so future agreement values may be adjusted.
DISCUSSION
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On March 24, 2025, the Purchasing Division issued a Request for Proposal (RFP) 25-106 for On-Call Landscape Architect Services. Outreach efforts included direct notifications to three potential vendors, publication on www.PublicPurchase.com, and posting on the City’s Purchasing website. The deadline for proposal submissions was April 15, 2025, and the City received a total of 14 proposals, which included the four awarded vendors:
A rating and selection process of the proposals was then performed by a panel that consisted of the Engineering Division Manager, a Senior Construction Project Manager, and a Construction Project Manager. Scoring criteria consisted of company profile, qualifications of proposed staff, relevant professional experience and performance, and overall responsiveness that best met the RFP criteria while being consistent with the City’s municipal code. After a thorough review, the panel selected four firms to recommend for Agreement awards, with a determination that these vendors are the highest-ranked proposers based on the scoring criteria listed in the RFP and are consistent with the City’s Purchasing Policy. The four recommended firms are:
David Volz Design Landscape Architect, Inc. DBA David Volz Design IDS Group
Pacific Coast Land Design, Inc.
RJM Design Group, Inc.
Following further review by the Purchasing Division, it was determined that these vendors meet all required City contractual requirements, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Therefore, based upon the analysis and research performed to date, staff believes that the four recommended vendors are capable of successfully performing On-Call Professional Services to the City of Oxnard.
Services under these agreements will be acquired on an as-needed basis with individual task orders issued for each identified work requirement (task). These will be issued and managed by the Project Manager (PM) assigned to the project. Once a new requirement is identified, all contractors will be provided the Task Order requirement on which to provide a proposal, if they so choose. The contractors will then submit their respective proposals, which will include a description of the scope of work to be performed, the method by which the consultant plans on completing the work, and a cost and schedule for completion. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work. Once the City has received all proposals, they will review each and make a selection of the firm based on factors that include price, experience, methods, and schedule.
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 each agreement shall not exceed $750,000 in total for up to five years if all extension options are exercised. Funding for individual tasks will be sourced from projects identified in the City Council-approved CIP or, on rare occasions, for City Divisions with non-CIP project requirements (e.g., Parks division). The respective Project Manager will ensure sufficient funding is available in the approved budget for related tasks prior to initiating work orders or services performed. Subsequent fiscal year allocations will be requested during the annual budget process.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on September 9, 2025 to approve the staff recommendation and to forward the item for Council approval. 666
Please click here to view the Measure M pre-recorded presentation video.
Please click here to view the September 9, 2025 Public Works and Transportation Committee Meeting recording.
Prepared by: Morgan Kessler, City Engineer
ATTACHMENTS
1. Agreement 32600006
2. Agreement 32600007
3. Agreement 32600008
4. Agreement 32600009
5. Prior Agreements Rate and Exhibits
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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
DBA DAVID VOLZ DESIGN
By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of David Volz Design Landscape Architects, Inc. DBA David Volz Design (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”
1. [INTENTIONALLY OMITTED].
2. SUMMARY DESCRIPTION OF SERVICES.
Landscape Architectural Consultant shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY.
The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.
Consultant is not the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call agreement.
3. PARTIES.
City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.
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David Volz Design Landscape Architects, Inc. DBA David Volz Design, a corporation of the State of California, located at 151 Kalmus Drive, M8, Costa Mesa, CA 92626.
4. TERM OF AGREEMENT: From: October 8, 2025 To: October 7, 2028 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1
6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.
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City Designated Representative
Name: Petros Gazazyan
Title: Construction Project Manager
Phone: 805-509-9110
Email: [email protected]
Address: 305 West Third Street, East
Wing, Second Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Eric Sterling
Title: President, RLA
Phone: (714) 641-1300
Email: [email protected]
Address: 151 Kalmus Drive, M8
Costa Mesa, CA 92626
8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by the City.
B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
C. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform only the type or category of services as set forth in the “Scope of Services,” and pursuant to the information contained in the Task Orders issued pursuant to this agreement.
B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.
C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Consultant hereby designates as its Project Manager, the individual identified in Section 7 of this Agreement, as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.
D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order
10.COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as
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“Exhibit B.” Consultant’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Consultant perform work in excess of the amount stated in the Task Order or the not to exceed amount listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.
B. Annual Rate and Fees adjustments must be requested in writing and shall not exceed 3% and are subject to approval by the City. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.
11.PAYMENT and INVOICES. The City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore.
The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.
C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
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D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.
14.TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
15.[RESERVED].
16.INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the
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employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
Consultant T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement.
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19.STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by
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reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The City shall have free access at all reasonable times to such records, both
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hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality.
Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
21.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22.NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other
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instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23.INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
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C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
24.INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25.LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement.
The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.
26.PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “E” attached to this Agreement.
A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two
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shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.
27.[RESERVED].
28.SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement. Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
31.DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the
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American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.
34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services or Task Orders set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement.
Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later.
Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately
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obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.
39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40.FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41.GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and,
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as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43.INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44.NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
45.AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
46.EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
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49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD DAVID VOLZ DESIGN LANDSCAPE
ARCHITECTS, INC. DBA DAVID
VOLZ DESIGN
☐Luis A. Mc Arthur, Mayor 2 Date Eric Sterling, President Date ☐Jennifer Hiraoka, Purchasing Manager23
Jamie Graham, Secretary,
4 3 4 Date
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 2The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and David Volz Design Landscape Architects, Inc.
DBA David Volz Design)
SCOPE OF SERVICES
PROJECT MANAGER:
Petros Gazazyan
[email protected]
805-509-9110
General Scope of Work:
The Landscape Architectural Consultant (Consultant) shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY. Consultant shall provide services on projects as authorized and directed by CITY under a duly executed and approved Task Order. Consultant shall, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services shall be performed on any specific project until the CITY has issued a signed Task Order to Consultant for that particular project.
Work Tasks:
Upon request by CITY, Consultant will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:
1. The Consultant shall be a State of California Licensed Landscape Architect, experienced in public agency landscape and irrigation improvements and maintenance operations.
2. The Consultant shall provide on-call services to consult with City Staff to address a variety of technical issues including but not limited to field reviews, landscape evaluations, irrigation system evaluation, plant material quality reviews, budgeting,
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and conceptual design of potential solutions and costs
3. The Consultant shall provide design services (Schematic Design, Design Development, and Construction Documents) for the preparation of plans, specifications, and estimates for landscape improvements, renovations, and Capital Improvement Projects including, but not limited to, landscaping, irrigation (including conversion of potable to recycled water irrigation), site amenities, public art, and landscape and water quality improvements for such facilities as parks, median islands, parkways, sports fields, open spaces, trails, habitat areas and related facilities.
4. The Consultant shall provide design services during construction, including periodic site visits, review of shop drawings, and preparing responses to contractor’s RFIs, provide drafting and computer-aided drafting support, perform record drawing, utility, or other searches, perform field investigations and design surveying, prepare record (“as built’) drawing, and attend project meetings as necessary.
5. The Consultant shall assist Staff with the review and improvement of the City Code requirements for landscaping and irrigation-related water conservation and water quality, the Landscape Maintenance Specifications, the Tree Maintenance Specifications, the Rodent Control Specifications, and other similar work efforts.
Projects under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:
• Storm drainage collection systems including WQMP and Drainage Reports; • Post-construction stormwater mitigation systems;
• Arterial, collector, and local streets;
• Transportation system;
• Buildings and other types of facilities;
• Public Park improvements;
• Beach maintenance;
• Other undertakings to be determined.
Individual Project Task Order:
Upon request by CITY, Consultant shall submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project.
Task Order proposal shall identify the specific tasks to be performed by the Consultant.
Tasks shall be listed in chronological order reflecting the entire scope of work as requested by the CITY, along with an estimated cost per task and a combined total Not-to-Exceed cost.
Proposals shall contain the names and titles of Consultant’s personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.
Proposals shall contain a project schedule indicating the various tasks and estimated time required to complete each task. Consultant’s project schedule shall reflect all work to be
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performed by the Consultant from initial execution through completion.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and David Volz Design Landscape Architects, Inc.
DBA David Volz Design)
SCHEDULE OF COMPENSATION
1. Only services specifically noted in the scope of services are included in the fee schedule. Services such as construction survey, utility potholing, etc. are not included.
2. See the subconsultant proposals attached for proposed services and additional excluded services.
3. Addition to the above the services and fees will be required if construction exceeds the twelve consecutive calendar months. Construction period service will require more fees if construction exceed the length of construction previously mentioned.
4. The following project expenses will be billed at cost in addition to the professional fees listed above:
• Printing, copying, scanning, graphic, photography and reproduction services • Delivery, shipping and courier charges
• Subconsultant fees and expenses
• Agency fees, permits, plan check and inspection fees
5. The reimbursable allowance will only be billed as-needed.
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and David Volz Design Landscape Architects, Inc.
DBA David Volz Design)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document. [SEE NEXT PAGES]
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and David Volz Design Landscape Architects, Inc.
DBA David Volz Design)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and David Volz Design Landscape Architects, Inc.
DBA David Volz Design)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
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7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.
8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.
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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND IDS GROUP, INC.
By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of IDS Group, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”
1. [INTENTIONALLY OMITTED].
2. SUMMARY DESCRIPTION OF SERVICES.
Landscape Architectural Consultant shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY.
The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.
Consultant is not the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call agreement.
3. PARTIES.
City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.
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IDS Group, Inc., a corporation of the State of California, located at 1 Peters Canyon Rd., Suite 130, Irvine, CA 92606.
4. TERM OF AGREEMENT: From: October 8, 2025 To: October 7, 2028 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1
6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.
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City Designated Representative
Name: Petros Gazazyan
Title: Construction Project Manager
Phone: 805-509-9110
Email: [email protected]
Address: 305 West Third Street, East
Wing, Second Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Said Hilmy, PhD, PE, SE, LEED
AP
Title: Principal/Contract Administrator
Phone: (949) 387-8500 x116
Email: [email protected]
Address: 1 Peters Canyon Road, Suite
130, Irvine, CA 92606
8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by the City.
B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
C. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform only the type or category of services as set forth in the “Scope of Services,” and pursuant to the information contained in the Task Orders issued pursuant to this agreement.
B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.
C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Consultant hereby designates as its Project Manager, the individual identified in Section 7 of this Agreement, as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.
D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order
10.COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the
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“Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Consultant’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Consultant perform work in excess of the amount stated in the Task Order or the not to exceed amount listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.
B. Annual Rate and Fees adjustments must be requested in writing and shall not exceed 3% and are subject to approval by the City. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.
11.PAYMENT and INVOICES. The City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore.
The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.
C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay
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the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.
14.TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
15.[RESERVED].
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16.INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
Consultant T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement.
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work
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by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19.STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon
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request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality.
Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
21.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received
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notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22.NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23.INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be
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construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
24.INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25.LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement.
The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.
26.PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “E” attached to this Agreement.
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A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.
27.[RESERVED].
28.SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement. Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and
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conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
31.DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.
34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services or Task Orders set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the
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Agreement. Consultant will promptly furnish all documents requested by City.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement.
Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later.
Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.
39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
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40.FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41.GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43.INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44.NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
45.AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
46.EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference
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herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD IDS GROUP, INC.
☐Luis A. Mc Arthur, Mayor 2 Date Said Hilmy, President Date ☐Jennifer Hiraoka, Purchasing Manager 3
Rami Elhassan, Date
Secretary,
4 ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and IDS Group, Inc.)
SCOPE OF SERVICES
PROJECT MANAGER:
Petros Gazazyan
[email protected]
805-509-9110
General Scope of Work:
The Landscape Architectural Consultant (Consultant) shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY. Consultant shall provide services on projects as authorized and directed by CITY under a duly executed and approved Task Order. Consultant shall, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services shall be performed on any specific project until the CITY has issued a signed Task Order to Consultant for that particular project.
Work Tasks:
Upon request by CITY, Consultant will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:
1. The Consultant shall be a State of California Licensed Landscape Architect, experienced in public agency landscape and irrigation improvements and maintenance operations.
2. The Consultant shall provide on-call services to consult with City Staff to address a variety of technical issues including but not limited to field reviews, landscape evaluations, irrigation system evaluation, plant material quality reviews, budgeting, and conceptual design of potential solutions and costs
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3. The Consultant shall provide design services (Schematic Design, Design Development, and Construction Documents) for the preparation of plans, specifications, and estimates for landscape improvements, renovations, and Capital Improvement Projects including, but not limited to, landscaping, irrigation (including conversion of potable to recycled water irrigation), site amenities, public art, and landscape and water quality improvements for such facilities as parks, median islands, parkways, sports fields, open spaces, trails, habitat areas and related facilities.
4. The Consultant shall provide design services during construction, including periodic site visits, review of shop drawings, and preparing responses to contractor’s RFIs, provide drafting and computer-aided drafting support, perform record drawing, utility, or other searches, perform field investigations and design surveying, prepare record (“as built’) drawing, and attend project meetings as necessary.
5. The Consultant shall assist Staff with the review and improvement of the City Code requirements for landscaping and irrigation-related water conservation and water quality, the Landscape Maintenance Specifications, the Tree Maintenance Specifications, the Rodent Control Specifications, and other similar work efforts.
Projects under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:
• Storm drainage collection systems including WQMP and Drainage Reports; • Post-construction stormwater mitigation systems;
• Arterial, collector, and local streets;
• Transportation system;
• Buildings and other types of facilities;
• Public Park improvements;
• Beach maintenance;
• Other undertakings to be determined.
Individual Project Task Order:
Upon request by CITY, Consultant shall submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project.
Task Order proposal shall identify the specific tasks to be performed by the Consultant.
Tasks shall be listed in chronological order reflecting the entire scope of work as requested by the CITY, along with an estimated cost per task and a combined total Not-to-Exceed cost.
Proposals shall contain the names and titles of Consultant’s personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.
Proposals shall contain a project schedule indicating the various tasks and estimated time required to complete each task. Consultant’s project schedule shall reflect all work to be
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performed by the Consultant from initial execution through completion.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and IDS Group, Inc.)
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS Group, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document. [SEE NEXT PAGES]
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS Group, Inc.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and IDS Group, Inc.)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
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7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.
8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.
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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND PACIFIC COAST LAND DESIGN, INC.
By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Pacific Coast Land Design, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”
1. [INTENTIONALLY OMITTED].
2. SUMMARY DESCRIPTION OF SERVICES.
Landscape Architectural Consultant shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY.
The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.
Consultant is not the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call agreement.
3. PARTIES.
City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.
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Pacific Coast Land Design, Inc., a corporation of the State of California, located at 461 E. Main Street, Ventura, CA 93001.
4. TERM OF AGREEMENT: From: October 8, 2025 To: October 7, 2028 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1
6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.
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City Designated Representative
Name: Petros Gazazyan
Title: Construction Project Manager
Phone: 805-509-9110
Email: [email protected]
Address: 305 West Third Street, East
Wing, Second Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Mike Zielsdorf
Title: Managing Principal/CEO/CFO
Phone: (805) 715-4204
Email: [email protected]
Address: 461 E. Main Street, Ventura,
CA 93001
8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by the City.
B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
C. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform only the type or category of services as set forth in the “Scope of Services,” and pursuant to the information contained in the Task Orders issued pursuant to this agreement.
B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.
C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Consultant hereby designates as its Project Manager, the individual identified in Section 7 of this Agreement, as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.
D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order
10.COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as
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“Exhibit B.” Consultant’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Consultant perform work in excess of the amount stated in the Task Order or the not to exceed amount listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.
B. Annual Rate and Fees adjustments must be requested in writing and shall not exceed 3% and are subject to approval by the City. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.
11.PAYMENT and INVOICES. The City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore.
The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.
C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
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D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.
14.TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
15.[RESERVED].
16.INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the
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employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
Consultant T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement.
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19.STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by
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reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The City shall have free access at all reasonable times to such records, both
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hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality.
Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
21.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22.NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other
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instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23.INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
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C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
24.INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25.LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement.
The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.
26.PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “E” attached to this Agreement.
A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two
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shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.
27.[RESERVED].
28.SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement. Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
31.DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the
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American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.
34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services or Task Orders set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement.
Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later.
Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately
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obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.
39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40.FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41.GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
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43.INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44.NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
45.AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
46.EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
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49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD PACIFIC COAST LAND DESIGN, INC.
☐Luis A. Mc Arthur, Mayor 2 Date Mike Zielsdorf, CEO Date ☐Jennifer Hiraoka, Purchasing Manager3
Mike Zielsdorf, CFO,
4 Date
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Pacific Coast Land Design, Inc.)
SCOPE OF SERVICES
PROJECT MANAGER:
Petros Gazazyan
[email protected]
805-509-9110
General Scope of Work:
The Landscape Architectural Consultant (Consultant) shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY. Consultant shall provide services on projects as authorized and directed by CITY under a duly executed and approved Task Order. Consultant shall, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services shall be performed on any specific project until the CITY has issued a signed Task Order to Consultant for that particular project.
Work Tasks:
Upon request by CITY, Consultant will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:
1. The Consultant shall be a State of California Licensed Landscape Architect, experienced in public agency landscape and irrigation improvements and maintenance operations.
2. The Consultant shall provide on-call services to consult with City Staff to address a variety of technical issues including but not limited to field reviews, landscape evaluations, irrigation system evaluation, plant material quality reviews, budgeting, and conceptual design of potential solutions and costs
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3. The Consultant shall provide design services (Schematic Design, Design Development, and Construction Documents) for the preparation of plans, specifications, and estimates for landscape improvements, renovations, and Capital Improvement Projects including, but not limited to, landscaping, irrigation (including conversion of potable to recycled water irrigation), site amenities, public art, and landscape and water quality improvements for such facilities as parks, median islands, parkways, sports fields, open spaces, trails, habitat areas and related facilities.
4. The Consultant shall provide design services during construction, including periodic site visits, review of shop drawings, and preparing responses to contractor’s RFIs, provide drafting and computer-aided drafting support, perform record drawing, utility, or other searches, perform field investigations and design surveying, prepare record (“as built’) drawing, and attend project meetings as necessary.
5. The Consultant shall assist Staff with the review and improvement of the City Code requirements for landscaping and irrigation-related water conservation and water quality, the Landscape Maintenance Specifications, the Tree Maintenance Specifications, the Rodent Control Specifications, and other similar work efforts.
Projects under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:
• Storm drainage collection systems including WQMP and Drainage Reports; • Post-construction stormwater mitigation systems;
• Arterial, collector, and local streets;
• Transportation system;
• Buildings and other types of facilities;
• Public Park improvements;
• Beach maintenance;
• Other undertakings to be determined.
Individual Project Task Order:
Upon request by CITY, Consultant shall submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project.
Task Order proposal shall identify the specific tasks to be performed by the Consultant.
Tasks shall be listed in chronological order reflecting the entire scope of work as requested by the CITY, along with an estimated cost per task and a combined total Not-to-Exceed cost.
Proposals shall contain the names and titles of Consultant’s personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.
Proposals shall contain a project schedule indicating the various tasks and estimated time required to complete each task. Consultant’s project schedule shall reflect all work to be performed by the Consultant from initial execution through completion.
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HOURLY BILLING
RATES
EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Pacific Coast Land Design, Inc.)
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Pacific Coast Land Design, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document. [SEE NEXT PAGES]
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Pacific Coast Land Design, Inc.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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Agreement No. 32600008
EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Pacific Coast Land Design, Inc.)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
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7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.
8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.
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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND RJM DESIGN GROUP, INC.
By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of RJM Design Group, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”
1. [INTENTIONALLY OMITTED].
2. SUMMARY DESCRIPTION OF SERVICES.
Landscape Architectural Consultant shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY.
The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.
Consultant is not the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call agreement.
3. PARTIES.
City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.
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RJM Design Group, Inc., a corporation of the State of California, located at 31591 Camino Capistrano, San Juan Capistrano, CA 92675.
4. TERM OF AGREEMENT: From: October 8, 2025 To: October 7, 2028 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1
6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.
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City Designated Representative
Name: Petros Gazazyan
Title: Construction Project Manager
Phone: 805-509-9110
Email: [email protected]
Address: 305 West Third Street, East
Wing, Second Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Larry P. Ryan
Title: President
Phone: (949) 493-2600
Email: [email protected]
Address: 31591 Camino Capistrano, San
Juan Capistrano, CA 92675
8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by the City.
B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
C. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform only the type or category of services as set forth in the “Scope of Services,” and pursuant to the information contained in the Task Orders issued pursuant to this agreement.
B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.
C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Consultant hereby designates as its Project Manager, the individual identified in Section 7 of this Agreement, as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.
D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order
10.COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as
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“Exhibit B.” Consultant’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Consultant perform work in excess of the amount stated in the Task Order or the not to exceed amount listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.
B. Annual Rate and Fees adjustments must be requested in writing and shall not exceed 3% and are subject to approval by the City. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.
11.PAYMENT and INVOICES. The City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore.
The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.
C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
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D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.
14.TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
15.[RESERVED].
16.INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the
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employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
Consultant T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement.
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19.STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by
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reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The City shall have free access at all reasonable times to such records, both
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hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality.
Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
21.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22.NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other
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instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23.INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
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C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
24.INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25.LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement.
The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.
26.PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “E” attached to this Agreement.
A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two
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shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.
27. [RESERVED].
28. SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement. Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
31.DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the
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American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.
34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services or Task Orders set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement.
Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later.
Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately
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obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.
39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40. FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41.GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and,
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as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43.INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44.NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
45.AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
46.EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
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49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD RJM DESIGN GROUP, INC.
☐Luis A. Mc Arthur, Mayor 2 Date Larry P. Ryan, President Date ☐Jennifer Hiraoka, Purchasing Manager 3
Zachary Mueting, Date
Secretary,
4 ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and RJM Design Group, Inc.)
SCOPE OF SERVICES
PROJECT MANAGER:
Petros Gazazyan
[email protected]
805-509-9110
General Scope of Work:
The Landscape Architectural Consultant (Consultant) shall provide landscape architectural design services, including but not limited to, the design of parkway and median landscapes, design of landscapes around public buildings, design of public parks, design for playgrounds including surfaces and playground equipment layout, conduct public engagement to communicate the project proposals to neighborhood council and residents, review and provide recommendations for landscape standards, feasibility/concept plan studies and recommendations; preliminary design reports; hiring and managing applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); research of utilities and other records; and such other services as may be required by the CITY. Consultant shall provide services on projects as authorized and directed by CITY under a duly executed and approved Task Order. Consultant shall, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services shall be performed on any specific project until the CITY has issued a signed Task Order to Consultant for that particular project.
Work Tasks:
Upon request by CITY, Consultant will perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:
1. The Consultant shall be a State of California Licensed Landscape Architect, experienced in public agency landscape and irrigation improvements and maintenance operations.
2. The Consultant shall provide on-call services to consult with City Staff to address a variety of technical issues including but not limited to field reviews, landscape evaluations, irrigation system evaluation, plant material quality reviews, budgeting, and conceptual design of potential solutions and costs
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3. The Consultant shall provide design services (Schematic Design, Design Development, and Construction Documents) for the preparation of plans, specifications, and estimates for landscape improvements, renovations, and Capital Improvement Projects including, but not limited to, landscaping, irrigation (including conversion of potable to recycled water irrigation), site amenities, public art, and landscape and water quality improvements for such facilities as parks, median islands, parkways, sports fields, open spaces, trails, habitat areas and related facilities.
4. The Consultant shall provide design services during construction, including periodic site visits, review of shop drawings, and preparing responses to contractor’s RFIs, provide drafting and computer-aided drafting support, perform record drawing, utility, or other searches, perform field investigations and design surveying, prepare record (“as built’) drawing, and attend project meetings as necessary.
5. The Consultant shall assist Staff with the review and improvement of the City Code requirements for landscaping and irrigation-related water conservation and water quality, the Landscape Maintenance Specifications, the Tree Maintenance Specifications, the Rodent Control Specifications, and other similar work efforts.
Projects under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:
• Storm drainage collection systems including WQMP and Drainage Reports; • Post-construction stormwater mitigation systems;
• Arterial, collector, and local streets;
• Transportation system;
• Buildings and other types of facilities;
• Public Park improvements;
• Beach maintenance;
• Other undertakings to be determined.
Individual Project Task Order:
Upon request by CITY, Consultant shall submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project.
Task Order proposal shall identify the specific tasks to be performed by the Consultant.
Tasks shall be listed in chronological order reflecting the entire scope of work as requested by the CITY, along with an estimated cost per task and a combined total Not-to-Exceed cost.
Proposals shall contain the names and titles of Consultant’s personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.
Proposals shall contain a project schedule indicating the various tasks and estimated time required to complete each task. Consultant’s project schedule shall reflect all work to be performed by the Consultant from initial execution through completion.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and RJM Design Group, Inc.)
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and RJM Design Group, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document. [SEE NEXT PAGES]
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and RJM Design Group, Inc.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and RJM Design Group, Inc.)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
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7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.
8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.
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CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: October 7, 2025
TO: City Council
FROM: Brenda Lopez, Housing Director, (805) 385-8092, [email protected] SUBJECT: First Substantial Amendment to the FY 2025-26 Annual Action Plan. (10 minutes)
RECOMMENDATION
That the City Council:
1. Conduct a public hearing regarding the First Substantial Amendment to the FY 2025-26 Annual Action Plan;
2. Approve the First Substantial Amendment to the FY 2025-26 Annual Action Plan recommending use of Community Development Block Grant (CDBG) funds for public infrastructure improvements;
3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the FY 2025-26 Annual Action Plan and authorize any necessary budget appropriation and corresponding revenue recognition in CDBG funding (Fund 201) for the project;
4. Authorize the City Manager, or his designees, to execute the required documents for the submission of the amended FY 2025-26 Annual Action Plan; and,
5. Receive and file any comments made during the 30-day public comment period or made in person at the public hearing with the Amendment.
(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/zLqARSiXJqI
BACKGROUND
Each year, the City prepares an Annual Action Plan (AAP) in connection with the Regional Five-Year Consolidated Plan which details how the City will spend Department of Housing and Urban Development (HUD) federal funding, specifically Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) for that given year.
The Regional Five-Year Consolidated Plan (Consolidated Plan), adopted by the Oxnard City Council on May 6, 2025, was developed through a process that included citizen and stakeholder participation, a market analysis, and an assessment of local housing and community development data. The Consolidated Plan establishes six regional goals to address highpriority needs:
• Improve the supply of affordable housing;
• Increase and improve social services;
• Work to end homelessness;
• Create and maintain quality neighborhoods;
• Promote economic development; and
• Ensure effective program administration.
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The AAP has two principal purposes. First, it identifies the projects and programs to be undertaken during the upcoming fiscal year and also states the proposed objectives and outcomes to be achieved within the overall context of the FiveYear Consolidated Plan. Secondly, the AAP acts as the City’s application process for federal formula grants, principally comprised of the CDBG, HOME and ESG programs. The funding recommendations in the AAP are prepared based on the estimated funding figures and adjusted once HUD provides the actual award allocations.
A copy of the updated FY 2025-26 AAP reflecting the final funding award allocations is attached to this report (Attachment 1).
At the close of each fiscal year, staff conducts a review of prior-year fund balances and open projects. This review assesses whether funding should be reduced or terminated for projects that are slow-moving or unresponsive, or if completed projects have expended less than their original award, thereby generating surplus funds available for reallocation. Following this analysis, staff prepares an amendment to the AAP with recommendations for the use of these surplus funds. In accordance with the City’s Citizen Participation Plan and 24 CFR Part 91, any amendment involving substantial changes—defined as the introduction of a new activity, the cancellation of an existing activity, or the reallocation of $200,000 or more—requires public noticing and a public hearing prior to approval.
Under 24 CFR §570.902, HUD requires that a grantee's undisbursed CDBG funds in its line of credit not exceed 1.5 times its most recent annual grant allocation, measured 60 days before the end of the grantee's program year (May 2 for the City of Oxnard). For Oxnard, the limit on May 2, 2026, is $3,112,171.50. This requirement is known as "timeliness compliance."
As of August 2025, the City’s unexpended CDBG fund balance was $6,070,197. This includes funding currently under contract, and $1,000,000 ($1M) of uncommitted funds, meaning this $1M is not currently committed to another project.
As anticipated, on September 23, 2025, the City received an invitation letter from HUD to participate in an informal consultation meeting to discuss factors affecting timely performance, as well as the steps being taken to ensure compliance with timeliness requirements. Failure to meet timeliness requirements may result in funds being recaptured.
The consultation date is to be determined.
To support compliance efforts, staff has recently completed disbursements for eligible expenditures (totaling $1,614,435.58) and recommends committing the $1M unobligated funds to a shovel ready project, as outlined below.
Staff will also continue to closely monitor expenditures for projects currently under contract to help achieve and maintain timeliness compliance.
DISCUSSION
The La Colonia Neighborhood Street Resurfacing and ADA Improvement Project Phase III (“La Colonia Project”) has an overall $10,400,000 project budget. The project includes street resurfacing, sidewalk repairs, and the installation of Americans with Disabilities Act (ADA)-compliant curb ramps in a predominantly residential, low- and moderate-income area.
Council previously approved a $1M award in the FY 2024-25 AAP for this project. Staff is proposing to allocate an additional $1M with the subject action. The La Colonia Project improvements are consistent with HUD regulations under 24 CFR §570.208, which allow projects to meet a national objective through an Area Benefit (LMA) when the service area is primarily low- and moderate-income.
The proposed allocation of additional CDBG funds to the La Colonia Project directly advances the Consolidated Plan goal of Creating and Maintaining Quality Neighborhoods. Based on the City’s area analysis, staff estimates that approximately 2,600 residents of low and moderate income will directly benefit from the La Colonia improvements. The proposed project area covers the following locations and street segments:
1. E Colonia Rd – From N Oxnard Blvd to N Juanita Ave
2. Cooper Rd – From N Oxnard Blvd to N Juanita Ave
3. N Harrison Ave – From E Colonia Rd to Cooper Rd Alley N/O 794
4. N Hayes Ave – From E Colonia Rd to Cooper Rd
5. N Grant Ave – From E Colonia Rd to Cooper Rd
6. N Garfield Ave – From E Colonia Rd to Cooper Rd
7. N McKinley Ave – From E Colonia Rd to Cooper Rd
8. N Bonita Ave – From E Colonia Rd to E Third St
9. N Anita Ave – From E Colonia Rd to Cooper Rd
10. N Juanita Ave – From E Colonia Rd to E Third St
11. E First St – From S Harrison Ave to Juanita Ave
12. S Harding Ave – From E First St to E Third St
13. E First St – From Juanita Ave to Rose Ave
14. S Hayes Ave – From 251 S Hayes Ave to Third St
15. E Second St – From Wilson Ave to Campton Dr
16. Navarro St – From E First St to E Third St
17. Campton Dr – From E First St to E Third St
18. Morris St – From Campton Dr to Sarita Dr
19. E Second St – From Campton Dr to Sarita Dr
20. Crawford St – From Campton Dr to Sarita Dr
21. Sarita Dr – From E First St to Second St
22. Sarita Dr – From E Second St to Crawford St
23. Felicia Ct – From N Marquita St to N Marquita St
24. Marquita St Alley E/O – From Felicia Ct to Felicia Ct The original Engineer’s estimate for the construction cost of the La Colonia project (C2209) was $6,853,000, and is presently funded by a variety of sources, including the state’s Road Maintenance and Rehabilitation Act (RMRA) program, Measure O, General Fund, and others. Upon competitively soliciting the project, the City received one bid of $8,665,561.51. When all other required soft costs (construction management, material testing, staff time, etc.) and construction contingencies are included, the total project cost is approximately $10,400,000. CDBG funds are eligible for projects within the La Colonia neighborhood, therefore, an additional $1,000,000 in CDBG funds not only helps the City meet the timeliness compliance, but will also help fill the gap between the Engineer’s estimate and the actual total project cost, which is based upon the construction bid received. Filling the gap for the La Colonia neighborhood sub-project with CDGB funds also has a future benefit for the larger citywide Neighborhood Street Resurfacing CIP project. Because the La Colonia bid came in higher than estimated, without the new CDBG funds, other funding sources expected to be used in future phases of the longer-term 5-Phase Citywide Pavement Maintenance Program, would have to be recommended for use. This would reduce future Neighborhood Street Resurfacing project locations since CDBG funds have a geographic limitation not expected to be met in upcoming phases.
Allocating additional CDBG funds to this “shovel-ready” project aligns with HUD guidance, which encourages prioritizing projects that are ready for construction and can be completed relatively quickly. Both Public Works and Housing staff have reviewed the project’s expenditure schedule and concur that the La Colonia project is well-positioned to help the City meet the next timeliness test on May 2, 2026, ensuring compliance with federal requirements and effective use of CDBG resources. This timely expenditure will help ensure compliance with federal regulations and improve the City’s overall performance in the CDBG program.
A copy of the proposed FY 2025-26 AAP First Substantial Amendment is attached to this report (Attachment 2).
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
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
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Approval of the recommended action will authorize the City Manager or designee to approve any necessary appropriation and recognition of grant revenue for CDBG (Fund 201) funds and corresponding Capital Outlay (Fund 301) for the activities described.
For Finance Use Only: CDBG Fed. Grant Fund:(Org. 2018101 Obj. 48020 / 59800); Capital Outlay Fund (Org. 3018101 Obj. 5XXXX / 49300) Project C2209
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Brenda Lopez, Housing Director
ATTACHMENTS
1. Attachment 1- FY 2025-26 AAP Redline
2. Attachment 2- FY 2025-26 AAP First Substantial Amendment
3. Attachment 3 - PowerPoint
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2025 Annual Action Plan
Prepared by:
City of Oxnard – Housing Department – Grants Management 435 South D Street, Oxnard, California, 93030
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Oxnard Annual Action Plan
2025
1 Table of Contents
Expected Resources ...................................................................................................................... 2 AP-15 Expected Resources – 91.220(c)(1,2).............................................................................. 2 Annual Goals and Objectives....................................................................................................... 5 AP-20 Annual Goals and Objectives .......................................................................................... 5 Projects......................................................................................................................................... 10 AP-35 Projects – 91.220(d)....................................................................................................... 10 AP-38 Project Summary............................................................................................................ 12 AP-50 Geographic Distribution – 91.220(f) ............................................................................. 18 Affordable Housing..................................................................................................................... 20 AP-55 Affordable Housing – 91.220(g).................................................................................... 20 AP-60 Public Housing – 91.220(h)........................................................................................... 22 AP-65 Homeless and Other Special Needs Activities – 91.220(i)............................................ 24 AP-75 Barriers to affordable housing – 91.220(j)..................................................................... 27 AP-85 Other Actions – 91.220(k) ............................................................................................. 29 Program Specific Requirements................................................................................................ 33 AP-90 Program Specific Requirements – 91.220(l)(1,2,4)....................................................... 33 798
Oxnard Annual Action Plan
2025
2 Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In Plan year 2025, the formula grant of HUD allocations to City of Oxnard are estimates CDBG $1,888,317, HOME $535,916 and ESG $175,122, a total of $2,599,355 in entitlement grants from HUD. In addition, estimated program income of $100,000 for CDBG programs and $150,000 for HOME programs. This will increase total available resources from the 2025 Plan year to $2,849,355. The source of program income comes principally from repayment of loans and recaptures from defaults. Those funds will be used towards meeting the goals and objectives of the 2025 Annual Action Plan.
During July 1, 2025, to June 30, 2030, the City of Oxnard anticipates the following allocation of CDBG, HOME, and ESG resources.
Anticipated Resources
Program
Sourc
e of
Funds
Uses of
Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder of
ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG
public
-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvement
s
Public
Services
1,888,317.00
2,074,781.00 100,000.00 0.00 1,988,3172,174,781.00
9,011,683.00
8,825,219.00
Based on
2025 FY
allocation
from HUD.
HOME
public
-
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA
535,916.00
599,010.76 150,000.00 0.00 685,916.00749,010.76
3,064,084
3,000,989.24
Based on
2025 FY
allocation
from HUD.
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3 Program
Sourc
e of
Funds
Uses of
Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder of
ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources: $
Total:
$
ESG
public
-
federal
Conversion
and rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid rehousing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
175,122.00
184,400.00 0.00 0.00 175,1200.00184,400.00
824,878.00
815,600.00
Based on
2025 FY
allocation
from HUD.
Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Jurisdictions leverage federal resources against other sources of federal, state, local, and private funding to maximize the impact of CDBG, HOME, and ESG funds. Leveraging varies from activity to activity depending on the project scope and grant requirements.
Although the CDBG program does not require a match, both the HOME and ESG programs do.
The HOME program requires a 25 percent non-federal cash or non-cash match of eligible project costs, excluding up to 10 percent for administration and up to 5 percent for Community Housing Development Organization (CHDO) operating support.
The ESG program requires a dollar-for-dollar (100 percent) match, which may be met with cash or eligible non-cash contributions. ESG grantees report required match detail to the Ventura County Continuum of Care (CoC) on a monthly or semi-annual basis. Matching contributions from ESG grantees (cash or non-cash) may be obtained from any source, including any federal source other than the ESG program, as well as state, local, and private sources, per 24 CFR 576.201.
Depending on the financing structure of a given activity, it may be advantageous for the City to use CDBG funds to leverage appropriate resources. Examples of leveraged federal and state resources include, but are not limited to those listed below:
Federal Resources
● Continuum of Care (CoC) Program
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4 ● HUD Veterans Affairs Supportive Housing (HUD-VASH)
● Supportive Housing for the Elderly (Section 202)
● Supportive Housing for Persons with Disabilities (Section 811) ● Housing Opportunities for Persons with AIDS (HOPWA)
● YouthBuild
● Federal Low-Income Housing Tax Credit Program
● Project Based Housing Choice Vouchers
State Resources
● Affordable Housing and Sustainable Communities Program ● Building Equity and Growth in Neighborhoods Program (BEGIN) ● CalHFA Single and Multi-Family Program
● CalHome Program
● Encampment Resolution Funds (ERF)
● Homekey
● Homeless Housing, Assistance and Prevention Program (HHAP) ● Housing and Homeless Incentive Program (HHIP)
● Low-Income Housing Tax Credit Program
● Mental Health Service Act (MHSA) Funding
● Multifamily Housing Program (MHP)
● Permanent Local Housing Allocation (PLHA)
● Tax-Exempt Bond Financing
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Most County- and jurisdiction-owned property is used to house County or City operations or is deed-restricted, limiting its feasibility for new uses. The City has been evaluating land it owns, as it becomes available, for the purpose of providing affordable housing and will continue to consider land that is deemed as surplus for the needs identified in the Regional Consolidated Plan. 801
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5 Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
1 Improve the Supply
of Affordable
Housing
2025 2026 Affordable
Housing
Development of
New Affordable
Housing
Housing
Rehabilitation
Housing Services
Disaster Planning
and Recovery
HOME:
$617,325
$674,109.68
CDBG:
$292,407
$441,577.80
Rental units constructed:
5 Household Housing Unit
(Affordable Housing Development
/CHDO Set-Aside)
Rental units rehabilitated:
10 Household Housing Unit
(2023 D Street
Acquisition/Rehabilitation Project)
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6 Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
2 Increase and
Improve Social
Services
2025 2026 Non-Homeless
Special Needs
Non-Housing
Community
Development
Supportive
Services
Fair Housing
Services
Disaster Planning
and Recovery
CDBG:
$30,000.00
CDBG:
$130,505.00
CDBG:
$50,000.00
CDBG:
$25,000.00
Public service activities other than
Low/Moderate Income Housing Benefit:
100 Persons Assisted
(Palm Vista Senior Center)
Public service activities other than
Low/Moderate Income Housing Benefit:
285 Persons Assisted
(Recreation Youth Services)
Public service activities other than
Low/Moderate Income Housing Benefit:
45 Persons Assisted
(OHA Senior Support Services)
Public service activities other than
Low/Moderate Income Housing Benefit:
45 Persons Assisted
(Counseling Services for Survivors of
Interpersonal Violence)
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7 Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
3 Work to End
Homelessness
2025 2026 Homeless Homelessness
Supportive
Services
CDBG:
$35,000.00
CDBG:
$27,742.00
ESG:
$68,730.00
$72,370.00
ESG:
$40,000.00
$42,120.00
ESG:
$53,258.00
$56,080
ESG:
$13,134.00
$13,830.00
Public service activities other than
Low/Moderate Income Housing Benefit:
200 Persons Assisted
(Shelter Care Resources/Foundation
First Basic Needs Assistance)
Public service activities other than
Low/Moderate Income Housing Benefit:
5 Persons Assisted
(Turning Point Foundation/ Our Place
Safe Haven: Emergency Shelter and
Multi-Service Navigation Center)
Tenant-based rental assistance / Rapid
Rehousing:
8 Households Assisted
(Mercy House Living Centers/Rapid ReHousing Program)
Tenant-based rental assistance / Rapid
Rehousing:
5 Households Assisted
(United Way of Ventura County/Rapid
Re-Housing Program)
Homeless Person Overnight Shelter:
10 Persons Assisted
(Turning Point Foundation/Our Place
Safe Haven: Emergency Shelter and
Navigation Center)
Other:
Not Applicable
(HESG Administration & Planning)
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8 Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
4 Create and
Maintain Quality
Neighborhoods
2025 2026 Non-Housing
Community
Development
Public Facility
Maintenance
Street
Improvements and
Infrastructure
Disaster Planning
and Recovery
CDBG:
$1,000,000.00
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit:
5,345 Persons Assisted
(Cal Gisler Neighborhood Street
Resurfacing & ADA Improvement
Project)
5 Effective
Administration
2025 2026 Planning and
Administration
Not Applicable
CDBG:
$397,663.00
$414,956.20
HOME:
$68,591.00
$59,901.07
Other:
Not Applicable
(CDBG Planning & Administration)
Other:
Not Applicable
(HOME Planning & Administration)
Table 2 – Goals Summary
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9 Goal Descriptions
1 Goal Name Improve the Supply of Affordable Housing
Goal
Description
Develop and maintain affordable housing opportunities for low- and moderate-income homeowners and renters. (2025/26 Projects: Affordable Housing Development/CHDO Set-Aside; and additional funds to the 2023 D Street Acquisition and Rehabilitation Program)
2 Goal Name Increase and Improve Social Services
Goal
Description
Increase and improve access to public service programs targeting low- and moderate-income residents. (2025/26 Projects: Palm Vista Senior Center; Recreation Youth Services; OHA Senior Supportive Services; and the Coalition for Family Harmony/Counseling Services for Survivors of Interpersonal Violence) 3 Goal Name Work to End Homelessness
Goal
Description
In partnership with the Ventura County Continuum of Care, work to end homelessness within Ventura County by providing housing, emergency shelter and social services to homeless persons or those at risk of homelessness. (2025/26 Projects: CDBG – Shelter Care Resources/Foundation First Basic Needs Assistance; CDBG-Turning Point Foundation/Our Place Safe Haven: Emergency Shelter and Multi-Service Navigation Center; ESG-Mercy House Living Centers/Rapid Re-Housing Program; ESG-United Way of Ventura County/Rapid Re-Housing Program; ESG-Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter; HESG Administration & Planning)
4 Goal Name Create and Maintain Quality Neighborhoods
Goal
Description
Enhance and maintain access to livable neighborhoods by improving and maintaining public facilities and infrastructure. (2025/26 Projects: Cal-Gisler Neighborhood Street Resurfacing and ADA Improvement Project) 5 Goal Name Effective Administration
Goal
Description
Maintain effective housing and community development programs to carry out HUD CPD funded programs and activities. (2025/26 Projects: CDBG Planning & Administration; HOME Planning & Administration) 806
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10 Projects
AP-35 Projects – 91.220(d)
Introduction
The City is continuing to focus on addressing basic needs, directing funds primarily towards food, shelter, and neighborhood improvements. In this challenging economic environment, and with ever decreasing resources, the City is committed to providing these basic services to our most vulnerable citizens.
In an effort to increase the efficiency of grant management, we are consolidating our grant awards to larger projects. This ultimately has resulted in no grant award below $10,000, and a significant reduction in the number of grants administered by staff, making the most efficient and effective use of taxpayer dollars.
Projects
# Project Name
1 DEVELOPMENT OF NEW AFFORDABLE HOUSING
● HOME: Affordable Housing Development /CHDO Set-Aside ($674,109.68) 2 HOUSING REHABILITATION
● CDBG: 2023 D Street Acquisition and Rehabilitation Project ($441,577.80) 3 HOMELESSNESS
● CDBG: Shelter Care Resources/Foundation First Basic Needs Assistance ($35,000) ● CDBG: Turning Point Foundation/Our Place Safe Haven: Emergency Shelter and Multi-Service Navigation Program ($27,742)
● HESG: Mercy Housing Living Centers/Rapid Re-Housing Program ($72,370) ● HESG: United Way of Ventura County/Rapid Re-Housing Program ($42,120) ● HESG: Turning Point Foundation/Our Place Safe Haven: Emergency Shelter ($56,080) ● HESG: HESG Planning and Administration (13,080)
4 SUPPORTIVE SERVICES
● CDBG: Palm Vista Senior Center ($30,000)
● CDBG: Recreation Youth Services ($130,505)
● CDBG: OHA Senior Supportive Services ($50,000)
● CDBG: The Coalition for Family Harmony/Counseling Services for Survivors of Interpersonal Violence ($25,000)
5 STREET IMPROVEMENTS AND INFRASTRUCTURE
• CDBG: Cal-Gisler Neighborhood Street Resurfacing and ADA Improvement Project ($1,000,000) 6 ADMINISTRATION
● CDBG: CDBG Planning & Administration ($414,956.20)
● HOME: HOME Planning & Administration ($59,901.)
Table 3 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The priorities and activities outlined above reflect the needs in Oxnard established through the five-year Regional Consolidated Plan. This year’s emphasis is on the development of new 807
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11 affordable rental housing for persons of very low and extremely low income, outreach and engagement to persons who are homeless, and the provision of supportive services to Oxnard’s youth and elderly populations. Other major priorities include infrastructure improvements in the City’s Cal-Gisler low-income neighborhoods to enhance safety, improve accessibility, and support long-term community development.
The main obstacles to addressing underserved needs in the community include lack of sufficient funding to satisfy unmet needs, very low vacancy rates, and lack of affordable rental housing. 808
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12 AP-38 Project Summary
Project Summary Information
1 Project Name DEVELOPMENT OF NEW AFFORDABLE HOUSING
Target Area Not Applicable
Goals Supported Improve the Supply of Affordable Housing Needs Addressed Development of New Affordable Housing
Funding HOME: $617,325 $674,109.68
Description HOME funds are available for gap financing the participation development of affordable housing.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 5 rental units can be constructed for low- and moderate-income households given the amount of HOME funding available for the development of affordable housing. Project is to be determined.
Location Description City of Oxnard, California (to be determined) Planned Activities Financial assistance to a Community Housing Development Organization for the development of at least 5 housing units for lowand moderate-income households in Oxnard. This project includes 15% of the HOME allocation set aside for CHDO’s, or $89,851.61. 2 Project Name HOUSING REHABILITATION
Target Area Not Applicable
Goals Supported Improve the Supply of Affordable Housing Needs Addressed Housing Rehabilitation
Funding CDBG: $292,407 $441,578.00
Description Rehabilitation of units to increase the quality of affordable rental housing units and/or preserve housing affordability at 201 South D Street. This project includes adding funds to an existing project, previously approved in the second amendment to the 2023 Annual Action Plan. The project was originally awarded $3,000,000 in CDBG funding, with approximately $2.4 million allocated for site acquisition and the remaining $590,531.55 designated for rehabilitation. With the addition of 2025/26 funding, the total rehabilitation budget will increase to $1,032,109.55.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
10 low- and moderate-income households housing units
Location Description 201 South D Street, Oxnard
Planned Activities The Oxnard Housing Authority will provide rehabilitation of rental units at 201 South D Street for low- and moderate-income housing households in Oxnard.
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13 3 Project Name HOMELESSNESS
Target Area Not Applicable
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding CDBG: $62,742.00
ESG: $175,122.00$184,400
Description Public services that address homelessness will be funded out of both CDBG and ESG funding sources.
The City will fund two homelessness programs with CDBG funds:
Shelter Care Resources’ Foundation First Basic Needs Assistance ($35,000), which provides food, clothing, hygiene products, infant and school supplies, and access to a tech center for homeless children and families; and Turning Point Foundation’s Our Place Safe Haven ($27,742), which offers shelter, case management, and support for homeless adults with mental illness.
Through HESG, the City will support three additional programs.
Mercy House Living Centers will receive $72,370 for rapid rehousing services, including housing navigation, relocation assistance, deposits, rental aid, and stability counseling. United Way of Ventura County will receive $42,120 to assist with rental application fees, utility assistance, deposits, short- to medium-term rental help, and arrears. Turning Point Foundation will also receive $56,080 to provide emergency shelter, case management, and navigation services at Our Place Safe Haven, specializing in serving individuals with mental health conditions, veterans, seniors, transitional youth, and people with disabilities.
Finally, $13,080 (7.5%) in HESG funds will be used for
administration and planning.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
● Shelter Care Resources/Foundation First Basic Needs
Assistance – 200 persons
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter and Multi-Service Navigation Program – 5 persons
● Mercy Housing Living Centers/Rapid Re-Housing Program – 8 households
● United Way of Ventura County/Rapid Re-Housing Program – 5 households
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter – 10 persons
● HESG Planning and Administration – not applicable
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14 Location Description All programs that support homelessness are available to eligible persons citywide, however they are each administered by from the Subrecipients’ offices at the following addresses:
● Shelter Care Resources/Foundation First Basic Needs
Assistance – 940 South A Street, Oxnard, CA 93030
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter and Multi-Service Navigation Program – 536 E. Thompson Boulevard, Ventura, CA 93001
● Mercy Housing Living Centers/Rapid Re-Housing Program – 351 South K Street, Oxnard, CA 93030
● United Way of Ventura County/Rapid Re-Housing Program – 702 County Square Drive #100, Ventura, CA 93003
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter – 536 E. Thompson Boulevard, Ventura, CA 93001
● HESG Planning and Administration – 435 South D Street, Oxnard, CA 93030
Planned Activities Same as description.
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15 4 Project Name SUPPORTIVE SERVICES
Target Area Not Applicable
Goals Supported Increase and Improve Social Services
Needs Addressed Supportive Services
Funding CDBG: $235,505.00
Description The City of Oxnard proposes to fund four CDBG programs serving youth and seniors. The Cultural and Community Services Department will receive $30,000 to operate the Palm Vista Senior Center, which offers daily programming, senior nutrition services, volunteer opportunities, and activities such as gardening, excursions, exercise classes, and lawn bowling. The Department will also receive $130,505 for the Recreation Youth Services Program, which provides activities at the Oxnard PAL, Colonia Memorial Park Veterans Gym, and Southwinds Youth Center.
The Oxnard Housing Authority will receive $50,000 to provide senior supportive services in public housing, funding staff who connect residents to resources that support independent living, health, and mobility, while also assisting with housing matters such as lease compliance and recertifications.
Lastly, the Coalition for Family Harmony will receive $25,000 for Counseling Services for Victims of Interpersonal Violence, offering free therapy sessions to Oxnard residents both in person and virtually.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
● Oxnard Recreation Youth Services: 285 persons
● Palm Vista Senior Center: 100 persons
● Oxnard Housing Authority: 45 persons
● The Coalition for Family Harmony: 50 persons
Location Description All CDBG-funded programs serving youth and seniors are available citywide to eligible residents. Services are provided at the following locations:
● Palm Vista Senior Center – 801 South C Street, Oxnard 93030
● Colonia Memorial Park Veterans Gym – 195 N. Marquita, Oxnard 93030
● Oxnard Police Activities League (PAL) – 350 South K
Street, Oxnard 93030
● Southwinds Youth Center – 300 W. Clara Street, Oxnard 93033
● OHA Senior Supportive Services – 401 South C Street,
Oxnard 93030
● The Coalition for Family Harmony – 1000 Town Center
Drive, Oxnard 93030
Planned Activities Same as description.
5 Project Name STREET IMPROVEMENTS AND INFRASTRUCTURE
Target Area Not Applicable
Goals Supported Create and Maintain Quality Neighborhoods Needs Addressed Street Improvements and Infrastructure
Funding CDBG: $1,000,000.00
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16 Description The City will allocate $1,000,000 in CDBG to the Cal Gisler Neighborhood Street Improvement Project. The project includes improvements to streets, sidewalks, and the construction of ADA access ramps for persons with disabilities.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
This project will account for a neighborhood improvement in lowand moderate- income census tract neighborhood, and approximately 5,345 persons will benefit from the project.
Location Description The Cal Gisler Neighborhood Street Improvement Project will take place in predominantly residential low- and moderate-income neighborhoods. Affected Census Tracts include CT 3900, BG 1 and
2. Planned Activities Same as description.
6 Project Name ADMINISTRATION
Target Area Not Applicable
Goals Supported Effective Administration
Needs Addressed Development of New Affordable Housing
Housing Rehabilitation
Housing Services
Housing Stability
Homelessness
Supportive Services
Fair Housing Services
Public Facility Maintenance
Street Improvements and Infrastructure
Economic Support for Small Businesses & Job Training
Disaster Planning and Recovery
Funding CDBG: $397,663$414,956.00
HOME: $68,591$59,901.00
Description The City will conduct the following administration/planning activities: (1) General Administration of CDBG Program, including preparation of Annual Action Plan, budget, applications, certifications and agreements; (2) Coordination of CDBG-funded capital improvement projects; (3) Coordination of Public Service Subrecipients, (4) Coordination of HOME-funded housing projects; (5) Monitoring of CDBG projects/programs to ensure compliance with federal regulations; and (6) Preparation of the CAPER. Up to 20% of the annual CDBG entitlement is allowed for administration activities.
The City of Oxnard Housing Department is responsible for administering the HOME program. Up to 10 percent of the HOME allocation will be used to provide for staffing and other program administration costs associated with the HOME program, including planning, reporting, monitoring, and IDIS setup and maintenance.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
Not applicable.
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17 Location Description Citywide
Planned Activities Same as description.
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18 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The primary national objectives of the ConPlan programs are to benefit LMI residents, therefore, the City’s CDBG funds will be targeted to extremely low-, low-, and moderate-income persons citywide. CDBG funds will be used to serve the LMI persons Citywide and in Low-Moderate Areas (LMA). Also, the City will continue to assist the low- and moderate-income persons citywide with HOME and ESG funds.
Geographic Distribution
Target Area Percentage of Funds
NA NA
Table 4 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The need for affordable housing (funded by CDBG and HOME) is present throughout the City.
CDBG funds for public improvements are based on LMI persons within LMA Neighborhoods.
Regarding the Public Services category of the CDBG funds, the proposed projects will focus on the basic needs of the residents such as mental health, essential and supportive services. The special population such as seniors, homeless and youth will continue to receive their funding for educational needs, shelter support and recreational needs.
Ventura County invests community development resources to address needs of low- and moderateincome persons living throughout the jurisdiction. Each entitlement jurisdiction additionally allocates resources that geographically target specific neighborhoods in which the majority of residents are low- and moderate- income. With limited resources, each community identifies opportunities to target resources at areas that have the greatest need or that would maximize the impact of the investment.
Individual activities funded by the Community Development Block Grant (CDBG) program are designed to benefit low- and moderate-income (LMI) persons or, in the case of activities like parks and streets, areas where at least 51 percent of the residents are low- and moderate-income persons.
ESG allocations are based on the limited clientele distributed citywide. HOME funds are distributed based on the income eligibility of the clients and on a citywide basis.
Supporting efforts in South Oxnard and La Colonia will support two of the most vulnerable and older communities with housing, services and economic stability through up-and-coming programs.
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19 Discussion
As always, the City of Oxnard will continue to look for available public and private resources and creative ways to fund the needy programs.
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20 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME funds will be used to provide gap-financing assistance for new construction of multi-family rental units for lower income households. The first phase of Cypress Place, a 90-unit 100% affordable rental development, has been awarded a gap-financing loan of $1,600,000 in HOME funds for the construction of the 90-unit development and $1,500,000 CDBG funds for construction of off-site improvements. Cypress Place will include 15 HOME assisted units and is estimated to be completed in fall 2025.
The Etting Road (Dolores Huerta Garden) Apartments, a 58-unit 100% affordable rental development, has been awarded a gap-financing loan of $1,854,000 in HOME funds for construction of the 58-unit development. Eleven of the units developed in the Etting Road Apartments will be HOME assisted units and are estimated to be completed in Spring 2025. Given that only Dolores Huerta Gardens is expected to be completed in Spring 2025 and Cypress Place is not expected to be completed until fall 2025 then there are only 11 HOME assisted units expected to be completed in FY 2024-2025. A total of 26 HOME assisted units are expected to be completed in calendar year 2025. The City will review new HOME funding applications submitted in FY 2024-2025 and estimates providing gap-financing for the construction of new housing that will result in at least five (5) HOME assisted units. CDBG funds will be used to provide rehabilitation of ten (10) rental housing units.
Habitat for Humanity of Ventura County will continue to utilize previous years CDBG funds for residential rehabilitation assistance to eligible households. The Ventura County Community Development Corporation (VCCDC) will continue to utilize previous years CDBG grants funds for affordable housing loans for homeownership assistance for income eligible families in Oxnard.
HOME development financing assistance will leverage development funds from the State of California, developer equity, private financing, and tax credit financing.
Lower-income households continue to pay a high percentage of their income for housing, compared to other income groups. A large percentage of lower-income renters tend to experience overcrowding and inadequate housing conditions as housing problems. In order to help provide decent and affordable housing, and improve the social and economic status for LMI households in Oxnard, the following programs will be available during the next program year:
1. Homeowner Rehabilitation Assistance Program
2. Homeownership Assistance Programs
3. Construction of new affordable dwelling units
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21 One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 15
Special-Needs 0
Total 15
Table 5 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 5
Rehab of Existing Units 10
Acquisition of Existing Units 0
Total 15
Table 6 - One Year Goals for Affordable Housing by Support Type Discussion
Habitat for Humanity of Ventura County will continue to utilize CDBG grant funds from the previous year for the homeowner rehabilitation assistance program. Ventura County Development Corporation (VCCDC) will continue to utilize CDBG grant funds from previous years for Oxnard residents to provide a homeownership assistance program. The City of Oxnard’s Affordable Housing and Rehabilitation Department will also continue to provide financial assistance to Community Housing Development Organizations (CHDO) and affordable housing developers to develop affordable housing units throughout the City subject to available funding and as permitted by the funding source. Loan information is provided to interested residents at homeownership fairs, workshops, and from City referrals to VCCDC.
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22 AP-60 Public Housing – 91.220(h)
Introduction
Oxnard Housing Authority (OHA) currently administers 520 public housing units, 1,904 Section 8 rental assistance vouchers, which includes 77 VASH vouchers, 40 Mainstream vouchers, 10 Family Unification vouchers, 46 Emergency Housing vouchers, and provides support services through its Resident Services program and Family Self-Sufficiency (FSS) program. The needs of public housing residents are supported with a Resident Services program which offers a variety of services to families and youth on-site. The FSS program supports and promotes public housing and Section 8 families with homeownership opportunities and economic self-sufficiency. The FSS Program provides one-on-one counseling and individual assistance to families that participate in this program.
Actions planned during the next year to address the needs to public housing Modernization projects for the public housing units, where most needed, are funded through its Capital Fund program. Each year, in its Annual Plan and Statement, the Capital Fund Program reprioritizes those projects identified in the 5-year plan.
For Fiscal year 2025-2026, the following capital improvement projects for public housing units are planned:
● CAL 31-3 Colonia Village 504 Conversion $260,000
● CAL 31-3 Colonia Village Alley Repair $140,000
● CAL 31-7 Althea Ct Rebuild 8 units $400,000
Total Planned projects for 2025-2026 $800,000
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Community Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self-Sufficiency Program and distribution of flyers to all households.
Public housing residents are encouraged to participate in public housing tenant associations that advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
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23 Not Applicable
Discussion
In order to respond to the increasing need for affordable housing units within the community, OHA and the Housing Department will continue to seek new resources of financing new housing development projects and partnering with developers, owners, and CHDO's. 820
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24 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are typically required to conduct a Point In Time Count (PIT) of homeless persons each year. The PIT count was completed on January 22, 2025, with more than 100 volunteers signing up to participate in Oxnard’s count. The results of this count are still being tabulated by the Ventura County Continuum of Care. The results will be published in their annual Homeless Count and Survey report, expected in Spring 2025.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Oxnard continued the operation of a year-round homeless shelter and navigation center located on K Street in Oxnard. The City of Oxnard contracted Mercy House to operate the navigation center. The navigation center will continue its operation for the next twelve-month period and beyond. Oxnard has launched an effort to develop a new construction mixed-use development that will include a new replacement navigation center and 110-bed homeless shelter plus other support services and fifty-six units of permanent supportive housing. We expect that this new project will be in operation by August 2025. The shelter will continue operating at the K Street location until that time.
The City continued working with The Salvation Army to provide street outreach services that include practical assistance, housing navigation, employment assistance, health navigation and crisis intervention with the ultimate goal of transitioning chronically homeless individuals towards stable housing. The Street Outreach Team coordinates with Mercy House and the Oxnard Navigation Center as well as the Homeless Liaison Officers with the Oxnard Police Department.
The City also began a partnership with Mercy House for street outreach services.
This year, the City continued its partnership with Ventura County Health Care Agency to operate an encampment response program as part of the State’s Encampment Resolution Funding program.
The program consists of a street outreach and case management team, along with non-congregate emergency shelter by using motel rooms. This project involves proactive engagement with people living in encampments throughout the city, and relocation to non-congregate emergency shelter where clients are connected with a case manager to work towards a housing plan, with the goal of moving into permanent supportive housing.
Addressing the emergency shelter and transitional housing needs of homeless persons The emergency shelter and transitional housing needs of homeless persons are currently being addressed by several service providers throughout Ventura County. The emergency shelter needs 821
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25 in the area are met by the following providers:
● Mercy Housing in operation of the Oxnard Navigation Center ● Ventura County Rescue Mission -single men over the age of 18 with rotating stay schedule, 10 nights in/5 nights out
● Kingdom Center - emergency shelter for single women and women with children ● Lighthouse Mission for Women and Children - single women and women with children ● Turning Point Foundation - mentally ill individuals
Transitional housing needs are currently being met by the following providers:
● Kingdom Center - single women and women with children ● Many Mansions - transition aged youth, single women and women with children ● Turning Point Foundation - single mentally ill persons ● Salvation Army - families, single parents and single persons ● Ventura County Human Services Agency - families, single parents and children, and single persons.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
There are many providers that are working diligently to assist homeless persons from not only finding housing, but also to prevent further incidents of homelessness. The Oxnard Housing Authority designates Homeless Set Aside vouchers in issuance of Housing Choice Vouchers and is actively offering permanent housing opportunities, including through the construction of the Central Terrace, Casa Aliento, and Casa de Carmen permanent supportive housing projects.
Specific vouchers that the Oxnard Housing Authority uses to address homelessness include Homeless Set Aside Vouchers, Mainstream Housing Vouchers that are prioritized for non-elderly adults with disabilities who are currently homeless or leaving an institution, and Emergency Housing Vouchers through the American Rescue Plan Act.
The Ventura County Human Services Agency (HSA) utilizes County General Funds to provide eviction prevention and rapid re-housing services to all of these populations; they will continue to do this in the forthcoming operating year. Additionally, Ventura County Veterans Services, Health Care for the Homeless, and Ventura County Behavioral Health all work closely with service providers to provide supportive services to assist in reducing the incidence of homelessness as they have also done in the recent past.
The Oxnard Housing Authority works in conjunction with Veterans Affairs to administer housing vouchers for homeless veterans under the VASH program. This program targets chronically 822
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26 homeless veterans.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The Ventura County Continuum of Care has documented discharge policies of all of the abovementioned services that spell out various directions to ensure persons are not discharged into homelessness. Additionally, as stated earlier, HSA works with qualifying low-income persons and families to avoid homelessness. This is done with the utilization of ESG and Ventura County allocated general fund dollars. Under the CoC discharge policy, in fulfilling the State Mandated Policy (state law related to the discharge protocol), the following are found:
● Health Care Facilities: the County health care system describes the discharge policy as interdisciplinary responsibility. For the persons who require ongoing medical and nursing care and who have no identifiable address they may be discharged to a respite program at the RAIN project, a County operated transitional housing project. Others, upon discharge routinely go to group homes, board and care facilities, or reunite with families and friends. ● Mental Health Facilities: the Ventura County Medical Center Psychiatric Inpatient Unit with the collaboration of Ventura County Behavioral Health and various community agencies provides discharge planning and placement assistance to patients, when leaving the mental health facilities.
● Foster care and other youth facilities: the goal is to provide assisted services to eligible youth and young adults between the ages of 16 and 21 in making a successful transition from foster care to independent living and achieve self-sufficiency. In addition to the County Children and Family Services, a Transitional Age Youth (TAY) center, operated by Pacific Clinics is also available.
● Corrections programs and institutions: upon release, inmates are able to obtain housing in transitional and permanent housing programs, group homes, and sober living homes as well as with family and friends.
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27 AP-75 Barriers to affordable housing – 91.220(j)
Introduction
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in that barriers are lawful and impediments to fair housing choice are usually unlawful.
Barriers or constraints to the affordability of housing exist in many forms. A particular building code that to one sector might be interpreted as a “negative” public policy that acts as a barrier to affordable housing may to another sector be seen as a life-saving necessity – for example, seismic safety construction requirements. The same can be said for zoning and land use regulations. It should be noted that in Ventura County, local growth limitations have been adopted by direct ballot measures. Some of these measures entail costs which can affect housing supply and the cost of housing that is produced.
Barriers to exit homelessness include the lack of a permanent, year-round shelter and the lack of housing units for those at the very low- and low- income spectrum. Because of the high cost to develop housing for these populations and limited public funding to subsidize the development of new affordable housing units, developers often do not have the resources to develop the number of units necessary to house this population. When this occurs, badly needed units go undeveloped, thus further limiting housing opportunities for those hardest to house.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The state of California mandates that jurisdictions include seven elements in their General Plans:
land use, transportation, conservation, noise, open space, safety, and housing. Two of these elements – the Housing and Land Use Elements – can directly impact local housing markets because they define key parameters for housing development such as permitted density, required fees, and allowable zoning uses.
The Housing Element details a local government’s strategy to address their jurisdiction’s housing needs and regulate existing and future housing development. In California, the state outlines statutory requirements for each community’s Housing Element which are then subject to review by the Department of Housing and Community Development (HCD) for compliance with state law. Enacted in 1969, the Housing Element law requires that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law acknowledges that for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for 824
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28 and do not unduly constrain housing development.
Environmental review, general planning, zoning, and related local land use regulations and development standards are all extensions of local government police powers to protect life and property, minimize nuisances, and achieve a desired quality of life as expressed through a participatory democratic process. Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake-prone areas, or requiring compliance with accessibility or visibility design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed but are the cumulative effect of the development requirements imposed by the layers of government regulations and laws that impact residential development.
Discussion
The City strives to consistently implement all policies and procedures, to review local development standards and review procedures in such a way as to avoid and ensure that such do not have unintended negative consequences, and to improve policies and procedures so as to increase the opportunities and feasibility of developing affordable housing, especially for special needs and very low- and low-income units). The City will continue to engage in these efforts to identify and minimize any barriers over which the City has legal authority, in accordance with applicable law. 825
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29 AP-85 Other Actions – 91.220(k)
Introduction
The City will implement the goals and strategies of the Regional Consolidated Plan to achieve the other actions listed in the next section.
Actions planned to address obstacles to meeting underserved needs The City will continue to utilize available resources to fund administrative support activities to meet the underserved needs in the community. The City will continue to work with the appropriate state agencies to administer the assets of the former redevelopment agency in the appropriate manner, and to the benefit of the LMI community whenever possible and feasible. Other obstacles include the following:
● Limited availability of funding from federal, state and other sources. ● High cost of housing and provisions in the area which increases the difficulty of meeting affordable housing needs.
● Reduced or frozen funding from state and other sources due to inadequate state revenue. ● The housing and credit crisis causing a negative effect. ● A tight job market has produced an increased demand for production of new housing which is not being met, increasing home prices. Salaries are not commensurate with the high cost of housing in this market. These two factors combine to exacerbate the affordability crisis. ● The Credit Crisis. Credit crisis has limited the availability of capital to develop housing for low-and moderate- income households and special needs groups. City staff will address the challenges of existing and new obstacles in PY 2025 by focusing on the following programmatic and administrative areas:
⮚ Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable housing developers.
⮚ CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agencies no longer exist in California.
⮚ Staff will continue to collaborate with private sector partners when appropriate in the development and construction of affordable housing. ⮚ Staff will continue to collaboratively work with the service provider community, non-profit organizations, and neighboring cities and local governmental agencies within the County of Ventura to identify projects that also meet federal community development program eligibility and which can comply with timely draw-down requirements.
Per the regulation CFR 92.251 (a)(2)(vi), broadband infrastructure, the City incorporates this 826
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30 regulation into each HOME agreement to ensure federal compliance with this statute Actions planned to foster and maintain affordable housing The City utilizes its Inclusionary Housing Program to provide significant numbers of affordable housing units. The City’s Inclusionary Housing Program is one of forty-four programs identified in the City’s 2021-2029 Housing Element identified to facilitate the construction of new affordable housing and to conserve and rehabilitate existing housing. To ensure that Oxnard has enough opportunity sites suitable for residential development and to meet the 2021-2029 Regional Housing Needs Assessment (RHNA) affordable allocation of 2,911 lower income units, the City is relying on the following:
● The Affordable Housing (AH) additive zones (see Supplement 1) with an inventory of 2,466 units on sites
● 44 Vacant and Underutilized Sites (see Supplement 1)
● 224 units on Pending Specific Plans
● 165 units on Pending Annexations
● 490 Project Accessory Dwelling Units (ADUs)
The City of Oxnard has adopted several ordinances that establish inclusionary affordable housing requirements for new developments. Relevant ordinances are City Council Ordinances 2980 and 2999. The Inclusionary Housing Program, pursuant to Ordinance 2980, provides for in-lieu fee payments that can replace the on-site units within a development subject to approval by the City Council. The City adopted updated In-Lieu fees on June 2, 2020. In-lieu fees for development project are as follows:
For-Sale Units: If the in-lieu request is granted, the developer is required to make a payment of $39,416 for each single-family home and $38,321 for each multi-family for sale unit in the development. Thereafter, every July 1st these fees will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.
Rental Units: If the in-lieu request is granted, the developer is required to make a payment of $30,656.83 for each multi-family rental unit in the development. Thereafter, every July 1st this fee will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.
In-lieu payments are made when the developer applies for building permits for the approved units.
The in-lieu fees collected provide funding support in the form of developer loans to new affordable housing projects and are almost always leveraged with other funding sources. The current in-lieu fund balance is approximately $1.9 million.
Possible incentives to be offered by the City’s Community Development Department may include, 827
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31 but are not limited to, the following:
● Expedited/streamlined application processing and development review ● Modification of development requirements, such as reduced setbacks and parking standards on a case- by-case basis
Existing incentives include the State Density Bonus Program and Down payment Assistance to low-income residents looking to buy a new home via the City’s agreement with the Ventura County Community
Development Commission to administer a Down payment Assistance Program with the use of City CDBG funds. The City’s Affordable Housing Additive Zone offers developers the ability to build 30 units to the acre in designated parcels throughout the City in exchange for making 20% of the units affordable.
Actions planned to reduce lead-based paint hazards
Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead- based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.
Actions planned to reduce the number of poverty-level families Eliminating poverty is a clear concern in Oxnard and Ventura County in general. Efforts are constantly underway to improve the quality of life and economic well-being of the residents through collaborative efforts of the following agencies and their programs to provide needed skills for individuals seeking jobs and thereby getting them out of poverty:
● City Corp
● Oxnard Housing Authority
● County of Ventura-Human Services Agency
● City's youth programs such Police Activities League programs and Southwinds Youth Center programs
Actions planned to develop institutional structure
Extensive public and private partnerships have been established and organized to address the City's 828
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32 housing, homeless, and community development needs: Entitlement Grants workshops and training, Affordable Housing workshops for homeowners, Fair Housing training and other scheduled meetings (such as Pre-construction meetings, Commission on Homelessness meetings, and meetings with County Continuum of Care Council, Housing Committee meetings).
Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. This could be from ongoing meetings, special meetings and task force.
Discussion
The City anticipates new inclusionary affordable housing to be developed within several proposed specific plans and other new projects, including the Central Terrace Apartments, which will include 9 City inclusionary units as well as 77 other 100% affordable units. The Casa de Carmen project (formally known as 2nd and B and the Homeless Solutions Center) will provide 6 City inclusionary units as well as 49 other 100% affordable units. Based on a thorough review, the City does not believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing. To further ensure the program does not pose a constraint, the City has included a monitoring process.
Other actions that the City of Oxnard will continue to improve compliance assessment for all its HUD funded programs and projects by 1) monitoring program and financial performance; 2) compliance with Environmental review: each project is reviewed for compliance with the National Environmental Protection Act. The City will utilize a consulting agreement to assist and perform the environmental reviews for housing developments and facility improvement projects, more complicated, and time consuming projects; 3) Labor Compliance Act; 4) Section 3 Compliance; 5) Procurement and Purchasing: The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: InterNeighborhood Council Forum, Commission on Homelessness, Parks and Recreation and Community Services Commission, Mobile home Park Rent Review Board, and Senior Services Commission.
Continued Actions planned to foster and maintain affordable housing:
The affordable housing additive zones, adopted on October 19, 2021 via Ordinance 2999, are zoning designations that provide opportunities and incentives for the development of affordable residential housing to help the City reach its regional housing needs allocation (RHNA). 829
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33 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
The information in this section pertains to requirements set forth in HUD regulations that are specific to the CDBG, HOME, and ESG programs.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
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34 HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section
92.205 is as follows:
Other forms of local investments for housing that may be available to projects include financing from the City’s in-lieu fees, CDBG, Housing Successor Agency Funds, and Permanent Local Housing Allocation (PLHA) funding. The City also applies for competitive grants in support of affordable housing initiatives and partners with other housing organizations to assist in housing low-income and the unhoused with permanent housing options.
CDBG funds are currently being used for home ownership assistance through a subrecipient.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
The City does not have a resale provision, therefore the City's policy is to recapture the funds for future HOME-eligible activities. Below describes the City's recapture provisions and procedures.
Recapture Provisions
In the event that the homebuyer fails to satisfy the requirements during the term of the loan, or otherwise defaults, the City shall exercise its legal rights, as set forth in the promissory note and deed of trust, in order to recover the monetary assistance previously provided to the maximum extent permitted by law.
If the recapture provisions are triggered by a sale of the housing unit, (whether voluntary or involuntary – such as foreclosure) or other default, the City shall take all necessary steps to recover the full amount of HOME funds from the net proceeds. The phrase ‘net proceeds’ is defined as the sales price, minus the loan repayment of the first trust deed (other than HOME funds) and any closing costs.
The HOME Program regulations allow the City to recapture the entire HOME Subsidy, in the event the loan recipient violates the affordability and or term period requirements. However, should the ‘net proceeds’ not cover the entire HOME Subsidy or not cover any of the HOME Subsidy, the City is required to forgive the remaining balance of the direct HOME Subsidy.
During the term of the loan, the homeowner must repay the loan if it is sold, transferred or refinanced without the City’s permission and/or with cash out to the homeowner or the 831
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35 homeowner does not occupy the residence as a primary residence.
Procedures
The City utilizes an agreement which includes restrictions, and a promissory note secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.
Staff monitors and requires certification annually by the homeowner that the property is owneroccupied to determine if recapture provisions shall be invoked upon discovery of violations for owneroccupancy or unauthorized transfers.
The City will exercise the rights stipulated in the promissory note, secured by the deed of trust that was recorded with the County Recorder’s Office.
Should Borrower transfer (as that term is defined in the Note) the Property during the occupancy period, City shall require that Borrower pay from the net proceeds the full amount of the Loan. For purposes of this Loan Agreement, “net proceeds” shall mean the sales price minus loan repayment (other than CDBG funds) and closing costs.
In the event net proceeds are not sufficient to discharge the full amount of the Loan during the occupancy period plus enable the Borrower to recover his or her initial investment in the Property and documented costs of any capital improvements, Borrower shall share the net proceeds with City. The City’s share of the net proceeds shall be calculated as follows:
(Amount of Loan / Amount of Loan + Borrower’s Investment) = % of Net Proceeds that City is entitled to. Should the net proceeds not discharge the full amount of the Loan, City shall forgive the remaining balance.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
During the affordability period, the homeowner must resell to another low-income homebuyer if the property is refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.
The original homebuyer receives a fair return on investment, (i.e., the homebuyer’s down payment plus capital improvements made to the house. It is important to note that in certain circumstances, such as a declining housing market where home values are depreciating, the original homebuyer may not receive a return on his or her investment because the home sold for less or the same price as the original purchase price); and In the event that the homebuyer fails to satisfy the requirements during the term, or otherwise 832
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36 defaults, the City shall exercise its legal rights, as set forth in the Resale Restriction Agreement.
Procedures
The City utilizes a Resale Restriction Agreement (RRA) secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.
Staff monitors and requires certification annually by the homeowner that the property is owneroccupied to determine if resale provisions shall be invoked upon discovery of violations for owner-occupancy or unauthorized transfers.
If the homeowner defaults or fails to satisfy requirements during the term, the City will exercise the rights stipulated in the Resale Restriction Agreement.
Property must be sold to an eligible low-income homebuyer which shall acquire the unit subject to the continuation of restrictions provided in the RRA through an assumption agreement.
The purchase price must be affordable for a low-income household who earns up to 80% of the area median income, provided by HUD. The monthly cost for principal, interest, taxes, insurance, HOA fees, utilities, and maintenance should not be more than 30% of the monthly income for the household or otherwise stated in the RRA. There is no preference to a particular segment of the low-income population.
The resale price is calculated using one of two methods described below. The method used is identified in the RRA:
● Determined as the affordable housing cost for a family at 80% of AMI paying no more than 30% of the monthly income for the household or in accordance of California Health And Safety Code 50025.5, whichever is lesser, but not less than the original price paid by homebuyer, or
● Determination using a CPI method to calculate the increase (or decrease) in value of the property. The U.S. Bureau of Labor Statistics Consumer Price Index – All Urban Consumers for the Los Angeles-Riverside- Orange Counties Area (all items based 1982-1984=100) provides the CPI on the date of the calculation and the CPI on the purchase date. The calculation is the CPI on the date of the calculation minus the CPI on the purchase date, plus the cost of improvements to property evidenced with receipts, less 7% depreciation, plus the costs of bringing the housing unit up to current building codes and in a salable condition.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required 833
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37 that will be used under 24 CFR 92.206(b), are as follows:
The City currently does not have any plans to invest HOME funds in this type of activity.
5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
Not Applicable
6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and
91.220(l)(2)(vii)).
Not Applicable
7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
Not Applicable
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as attachment) The City does not provide any direct client assistance under the ESG program. All written standards vary by service providers and assistance type. However, all providers must ensure recipients meet the minimum qualifications established by HUD for each eligible funded activity. The Ventura County Continuum of Care maintains a Written Standards for HUD CoC and ESG document for subrecipients of ESG funds.
2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.
The Regional Ventura County Continuum of Care Alliance has established a centralized or coordinated assessment system, Pathways to Home, that provides coordination intake as well as systems to avoid duplication of effort and redundancies.
Pathways to Home is centralized to provide identical information and system-wide tracking through HMIS, of all homeless individuals who seek and /or receive assistance at any one of the various service providers, or through the County directly. 834
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38 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).
The process for making all sub-awards for ESG recipients are as follows:
a. The City formally posts the Notice of Available Funds (NOFA) in the regional newspaper, on the City's website, and emails and paper mail are sent to all existing and potential service providers from Ventura to Los Angeles.
b. All interested agencies attend information workshop/application training on the process, which includes all deadline dates and times.
c. Interested agencies then submit their application, project overview and qualifications. d. The funding recommendations are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval.
e. All applicants are contacted and urged to attend the City Council meeting in which the items fall on the agenda. All supporting comments and grievances are done at this time. f. The Mayor and City Council directs the City Manager and staff to move forward with final processing.
g. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
h. Contracts are completed and services can begin on July 1. i. All ESG contracts are awarded for two years.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.
The City meets the homeless participation requirement by having formerly homeless City staff involved in the consideration of policies and funding decisions regarding facilities and services funded under ESG. Formerly homeless City staff also serve on the Ventura County Continuum of Care Governance Board. In addition, each entity receiving City ESG funding is also asked to provide information as to how they involve the homeless.
5. Describe performance standards for evaluating ESG.
Performance measures are in place to ensure the efficient administration of all ESG funded activities. Additionally, along with the utilization of the HMIS, these measures will hopefully help to reduce the length of family and individuals remain homelessness, reduce the overall incidence of homelessness, and monitor the overall use of emergency shelters. Some of the activity measures are as follows:
● Emergency Shelters: Excluding winter shelters, must be able to document placement of a minimum of 10 percent of the homeless persons or households 835
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2025
39 served in the Program Year into transitional or permanent housing. ● Transitional Housing: must be able to document placement of a minimum of 50 percent of the households who completed the transitional housing program in the Program Year into permanent housing. "Household" is defined as all clients including single individuals and families.
● Rapid Re-housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates. ● Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This should be done via case management of clients, documentation and HMIS entry and exit dates.
● All clients, with the exception of victims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 days of program completion or termination. ● Minimum Standards: Sub-grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract.
● Building and Habitability Standards: Any building for which ESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub-Grantee must meet a number of basic standards to ensure that shelter and housing facilities funded through the ESG program are safe, sanitary and adequately maintained. ● Monitoring: City staff will monitor the use of grant funds through a combination of a thorough review of submitted reports, review of audit or financial statements, and monitoring and site visits.
● The City will continue to develop and implement eligible activities using the grant funds and through the monitoring and review processes and techniques in order to comply with the federal specific requirements.
Discussion
The Homeless Services Division continues to fund all the activities prescribed in the HEARTH act. With the subrecipients’ partnership, the City's ESG will continue to provide substantial additional leverage funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, ESG limits the cost categories for administration and planning to 7.5%, and no more than 60% for street outreach and emergency shelter. The remaining balance supports rapid re- housing programs and Homeless Management Information System (HMIS) licensing.
836
2025 Annual Action Plan
Amendment No. One
(Substantial)
Draft for Council Consideration
Public Comment Period
September 8, 2025 – October 7, 2025
Prepared by:
City of Oxnard – Housing Department – Grants Management 435 South D Street, Oxnard, California, 93030
837
Oxnard Annual Action Plan
2025
1 Table of Contents
Expected Resources ...................................................................................................................... 2 AP-15 Expected Resources – 91.220(c)(1,2).............................................................................. 2 Annual Goals and Objectives....................................................................................................... 5 AP-20 Annual Goals and Objectives .......................................................................................... 5 Projects......................................................................................................................................... 10 AP-35 Projects – 91.220(d)....................................................................................................... 10 AP-38 Project Summary............................................................................................................ 12 AP-50 Geographic Distribution – 91.220(f) ............................................................................. 18 Affordable Housing..................................................................................................................... 20 AP-55 Affordable Housing – 91.220(g).................................................................................... 20 AP-60 Public Housing – 91.220(h)........................................................................................... 22 AP-65 Homeless and Other Special Needs Activities – 91.220(i)............................................ 24 AP-75 Barriers to affordable housing – 91.220(j)..................................................................... 27 AP-85 Other Actions – 91.220(k) ............................................................................................. 29 Program Specific Requirements................................................................................................ 33 AP-90 Program Specific Requirements – 91.220(l)(1,2,4)....................................................... 33 838
Oxnard Annual Action Plan
2025
2 Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
During July 1, 2025, to June 30, 2030, the City of Oxnard anticipates the following allocation of CDBG, HOME and ESG resources.
Anticipated Resources
Program
Sourc
e of
Funds
Uses of
Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder of
ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG
public
-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvement
s
Public
Services
2,074,781.0
0 100,000.0
0 0.00
1,000,000.00
2,174,781.00
3,174,781.00 8,825,219.00
Based on
2025 FY
allocation
from HUD.
HOME
public
-
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA
599,010.76 150,000.0
0 0.00 749,010.76 3,000,989.24
Based on
2025 FY
allocation
from HUD.
839
Oxnard Annual Action Plan
2025
3 Program
Sourc
e of
Funds
Uses of
Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder of
ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources: $
Total:
$
ESG
public
-
federal
Conversion
and rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid rehousing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
184,400.00 0.00 0.00 184,400.00 815,600.00
Based on
2025 FY
allocation
from HUD.
Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Jurisdictions leverage federal resources against other sources of federal, state, local, and private funding to maximize the impact of CDBG, HOME, and ESG funds. Leveraging varies from activity to activity depending on the project scope and grant requirements.
Although the CDBG program does not require a match, both the HOME and ESG programs do.
The HOME program requires a 25 percent non-federal cash or non-cash match of eligible project costs, excluding up to 10 percent for administration and up to 5 percent for Community Housing Development Organization (CHDO) operating support.
The ESG program requires a dollar-for-dollar (100 percent) match, which may be met with cash or eligible non-cash contributions. ESG grantees report required match detail to the Ventura County Continuum of Care (CoC) on a monthly or semi-annual basis. Matching contributions from ESG grantees (cash or non-cash) may be obtained from any source, including any federal source other than the ESG program, as well as state, local, and private sources, per 24 CFR 576.201.
Depending on the financing structure of a given activity, it may be advantageous for the City to use CDBG funds to leverage appropriate resources. Examples of leveraged federal and state resources include, but are not limited to those listed below:
Federal Resources
● Continuum of Care (CoC) Program
840
Oxnard Annual Action Plan
2025
4 ● HUD Veterans Affairs Supportive Housing (HUD-VASH)
● Supportive Housing for the Elderly (Section 202)
● Supportive Housing for Persons with Disabilities (Section 811) ● Housing Opportunities for Persons with AIDS (HOPWA)
● YouthBuild
● Federal Low-Income Housing Tax Credit Program
● Project Based Housing Choice Vouchers
State Resources
● Affordable Housing and Sustainable Communities Program ● Building Equity and Growth in Neighborhoods Program (BEGIN) ● CalHFA Single and Multi-Family Program
● CalHome Program
● Encampment Resolution Funds (ERF)
● Homekey
● Homeless Housing, Assistance and Prevention Program (HHAP) ● Housing and Homeless Incentive Program (HHIP)
● Low-Income Housing Tax Credit Program
● Mental Health Service Act (MHSA) Funding
● Multifamily Housing Program (MHP)
● Permanent Local Housing Allocation (PLHA)
● Tax-Exempt Bond Financing
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Most County- and jurisdiction-owned property is used to house County or City operations or is deed-restricted, limiting its feasibility for new uses. The City has been evaluating land it owns, as it becomes available, for the purpose of providing affordable housing and will continue to consider land that is deemed as surplus for the needs identified in the Regional Consolidated Plan. 841
Oxnard Annual Action Plan
2025
5 Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
1 Improve the Supply
of Affordable
Housing
2025 2026 Affordable
Housing
Development of
New Affordable
Housing
Housing
Rehabilitation
Housing Services
Disaster Planning
and Recovery
HOME:
$674,109.68
CDBG:
$441,577.80
Rental units constructed:
5 Household Housing Unit
(Affordable Housing Development
/CHDO Set-Aside)
Rental units rehabilitated:
10 Household Housing Unit
(2023 D Street
Acquisition/Rehabilitation Project)
842
Oxnard Annual Action Plan
2025
6 Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
2 Increase and
Improve Social
Services
2025 2026 Non-Homeless
Special Needs
Non-Housing
Community
Development
Supportive
Services
Fair Housing
Services
Disaster Planning
and Recovery
CDBG:
$30,000.00
CDBG:
$130,505.00
CDBG:
$50,000.00
CDBG:
$25,000.00
Public service activities other than
Low/Moderate Income Housing Benefit:
100 Persons Assisted
(Palm Vista Senior Center)
Public service activities other than
Low/Moderate Income Housing Benefit:
285 Persons Assisted
(Recreation Youth Services)
Public service activities other than
Low/Moderate Income Housing Benefit:
45 Persons Assisted
(OHA Senior Support Services)
Public service activities other than
Low/Moderate Income Housing Benefit:
45 Persons Assisted
(Counseling Services for Survivors of
Interpersonal Violence)
843
Oxnard Annual Action Plan
2025
7 Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
3 Work to End
Homelessness
2025 2026 Homeless Homelessness
Supportive
Services
CDBG:
$35,000.00
CDBG:
$27,742.00
ESG:
$72,370.00
ESG:
$42,120.00
ESG:
$56,080.00
ESG:
$13,830.00
Public service activities other than
Low/Moderate Income Housing Benefit:
200 Persons Assisted
(Shelter Care Resources/Foundation
First Basic Needs Assistance)
Public service activities other than
Low/Moderate Income Housing Benefit:
5 Persons Assisted
(Turning Point Foundation/ Our Place
Safe Haven: Emergency Shelter and
Multi-Service Navigation Center)
Tenant-based rental assistance / Rapid
Rehousing:
8 Households Assisted
(Mercy House Living Centers/Rapid ReHousing Program)
Tenant-based rental assistance / Rapid
Rehousing:
5 Households Assisted
(United Way of Ventura County/Rapid
Re-Housing Program)
Homeless Person Overnight Shelter:
10 Persons Assisted
(Turning Point Foundation/Our Place
Safe Haven: Emergency Shelter and
Navigation Center)
Other:
Not Applicable
(HESG Administration & Planning)
844
Oxnard Annual Action Plan
2025
8 Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area Needs Addressed Funding Goal Outcome Indicator
4 Create and
Maintain Quality
Neighborhoods
2025 2026 Non-Housing
Community
Development
Public Facility
Maintenance
Street
Improvements and
Infrastructure
Disaster Planning
and Recovery
CDBG:
$1,000,000.00
CDBG:
$1,000,000.00
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit:
5,345 Persons Assisted
(Cal Gisler Neighborhood Street
Resurfacing & ADA Improvement
Project)
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit:
5,345 Persons Assisted
(La Colonia Neighborhood Resurfacing
& ADA Improvement Project - Phase
III)
5 Effective
Administration
2025 2026 Planning and
Administration
Not Applicable
CDBG:
$414,956.20
HOME:
$59,901.07
Other:
Not Applicable
(CDBG Planning & Administration)
Other:
Not Applicable
(HOME Planning & Administration)
Table 2 – Goals Summary
845
Oxnard Annual Action Plan
2025
9 Goal Descriptions
1 Goal Name Improve the Supply of Affordable Housing
Goal
Description
Develop and maintain affordable housing opportunities for low- and moderate-income homeowners and renters. (2025/26 Projects: Affordable Housing Development/CHDO Set-Aside; and additional funds to the 2023 D Street Acquisition and Rehabilitation Program)
2 Goal Name Increase and Improve Social Services
Goal
Description
Increase and improve access to public service programs targeting low- and moderate-income residents. (2025/26 Projects: Palm Vista Senior Center; Recreation Youth Services; OHA Senior Supportive Services; and the Coalition for Family Harmony/Counseling Services for Survivors of Interpersonal Violence) 3 Goal Name Work to End Homelessness
Goal
Description
In partnership with the Ventura County Continuum of Care, work to end homelessness within Ventura County by providing housing, emergency shelter and social services to homeless persons or those at risk of homelessness. (2025/26 Projects: CDBG – Shelter Care Resources/Foundation First Basic Needs Assistance; CDBG-Turning Point Foundation/Our Place Safe Haven: Emergency Shelter and Multi-Service Navigation Center; ESG-Mercy House Living Centers/Rapid Re-Housing Program; ESG-United Way of Ventura County/Rapid Re-Housing Program; ESG-Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter; HESG Administration & Planning)
4 Goal Name Create and Maintain Quality Neighborhoods
Goal
Description
Enhance and maintain access to livable neighborhoods by improving and maintaining public facilities and infrastructure. (2025/26 Projects: Cal-Gisler Neighborhood Street Resurfacing and ADA Improvement Project; 2024/25 La Colonia Neighborhood Street Resurfacing and ADA Improvement Project – Phase III) 5 Goal Name Effective Administration
Goal
Description
Maintain effective housing and community development programs to carry out HUD CPD funded programs and activities. (2025/26 Projects: CDBG Planning & Administration; HOME Planning & Administration) 846
Oxnard Annual Action Plan
2025
10 Projects
AP-35 Projects – 91.220(d)
Introduction
The City is continuing to focus on addressing basic needs, directing funds primarily towards food, shelter, and neighborhood improvements. In this challenging economic environment, and with ever decreasing resources, the City is committed to providing these basic services to our most vulnerable citizens.
In an effort to increase the efficiency of grant management, we are consolidating our grant awards to larger projects. This ultimately has resulted in no grant award below $10,000, and a significant reduction in the number of grants administered by staff, making the most efficient and effective use of taxpayer dollars.
Projects
# Project Name
1 DEVELOPMENT OF NEW AFFORDABLE HOUSING
● HOME: Affordable Housing Development /CHDO Set-Aside ($674,109.68) 2 HOUSING REHABILITATION
● CDBG: 2023 D Street Acquisition and Rehabilitation Project ($441,577.80) 3 HOMELESSNESS
● CDBG: Shelter Care Resources/Foundation First Basic Needs Assistance ($35,000) ● CDBG: Turning Point Foundation/Our Place Safe Haven: Emergency Shelter and Multi-Service Navigation Program ($27,742)
● HESG: Mercy Housing Living Centers/Rapid Re-Housing Program ($72,370) ● HESG: United Way of Ventura County/Rapid Re-Housing Program ($42,120) ● HESG: Turning Point Foundation/Our Place Safe Haven: Emergency Shelter ($56,080) ● HESG: HESG Planning and Administration (13,080)
4 SUPPORTIVE SERVICES
● CDBG: Palm Vista Senior Center ($30,000)
● CDBG: Recreation Youth Services ($130,505)
● CDBG: OHA Senior Supportive Services ($50,000)
● CDBG: The Coalition for Family Harmony/Counseling Services for Survivors of Interpersonal Violence ($25,000)
5 STREET IMPROVEMENTS AND INFRASTRUCTURE
● CDBG: Cal-Gisler Neighborhood Street Resurfacing and ADA Improvement Project ($1,000,000) ● CDBG: La Colonia Neighborhood Street Improvement Project ($1,000,000) 6 ADMINISTRATION
● CDBG: CDBG Planning & Administration ($414,956.20)
● HOME: HOME Planning & Administration ($59,901.)
Table 3 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The priorities and activities outlined above reflect the needs in Oxnard established through the 847
Oxnard Annual Action Plan
2025
11 five-year Regional Consolidated Plan. This year’s emphasis is on the development of new affordable rental housing for persons of very low and extremely low income, outreach and engagement to persons who are homeless, and the provision of supportive services to Oxnard’s youth and elderly populations. Other major priorities include infrastructure improvements in the City’s Cal-Gisler low-income neighborhoods to enhance safety, improve accessibility, and support long-term community development.
The main obstacles to addressing underserved needs in the community include lack of sufficient funding to satisfy unmet needs, very low vacancy rates, and lack of affordable rental housing. 848
Oxnard Annual Action Plan
2025
12 AP-38 Project Summary
Project Summary Information
1 Project Name DEVELOPMENT OF NEW AFFORDABLE HOUSING
Target Area Not Applicable
Goals Supported Improve the Supply of Affordable Housing Needs Addressed Development of New Affordable Housing
Funding HOME: $674,109.68
Description HOME funds are available for gap financing the participation development of affordable housing.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 5 rental units can be constructed for low- and moderate-income households given the amount of HOME funding available for the development of affordable housing. Project is to be determined.
Location Description City of Oxnard, California (to be determined) Planned Activities Financial assistance to a Community Housing Development Organization for the development of at least 5 housing units for lowand moderate-income households in Oxnard. This project includes 15% of the HOME allocation set aside for CHDO’s, or $89,851.61. 2 Project Name HOUSING REHABILITATION
Target Area Not Applicable
Goals Supported Improve the Supply of Affordable Housing Needs Addressed Housing Rehabilitation
Funding CDBG: $441,578.00
Description Rehabilitation of units to increase the quality of affordable rental housing units and/or preserve housing affordability at 201 South D Street. This project includes adding funds to an existing project, previously approved in the second amendment to the 2023 Annual Action Plan. The project was originally awarded $3,000,000 in CDBG funding, with approximately $2.4 million allocated for site acquisition and the remaining $590,531.55 designated for rehabilitation. With the addition of 2025/26 funding, the total rehabilitation budget will increase to $1,032,109.55.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
10 low- and moderate-income households housing units
Location Description 201 South D Street, Oxnard
Planned Activities The Oxnard Housing Authority will provide rehabilitation of rental units at 201 South D Street for low- and moderate-income housing households in Oxnard.
849
Oxnard Annual Action Plan
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13 3 Project Name HOMELESSNESS
Target Area Not Applicable
Goals Supported Work to End Homelessness
Needs Addressed Homelessness
Funding CDBG: $62,742.00
ESG: $184,400.00
Description Public services that address homelessness will be funded out of both CDBG and ESG funding sources.
The City will fund two homelessness programs with CDBG funds:
Shelter Care Resources’ Foundation First Basic Needs Assistance ($35,000), which provides food, clothing, hygiene products, infant and school supplies, and access to a tech center for homeless children and families; and Turning Point Foundation’s Our Place Safe Haven ($27,742), which offers shelter, case management, and support for homeless adults with mental illness.
Through HESG, the City will support three additional programs.
Mercy House Living Centers will receive $72,370 for rapid rehousing services, including housing navigation, relocation assistance, deposits, rental aid, and stability counseling. United Way of Ventura County will receive $42,120 to assist with rental application fees, utility assistance, deposits, short- to medium-term rental help, and arrears. Turning Point Foundation will also receive $56,080 to provide emergency shelter, case management, and navigation services at Our Place Safe Haven, specializing in serving individuals with mental health conditions, veterans, seniors, transitional youth, and people with disabilities.
Finally, $13,080 (7.5%) in HESG funds will be used for
administration and planning.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
● Shelter Care Resources/Foundation First Basic Needs
Assistance – 200 persons
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter and Multi-Service Navigation Program – 5 persons
● Mercy Housing Living Centers/Rapid Re-Housing Program – 8 households
● United Way of Ventura County/Rapid Re-Housing Program – 5 households
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter – 10 persons
● HESG Planning and Administration – not applicable
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Oxnard Annual Action Plan
2025
14 Location Description All programs that support homelessness are available to eligible persons citywide, however they are each administered by from the Subrecipients’ offices at the following addresses:
● Shelter Care Resources/Foundation First Basic Needs
Assistance – 940 South A Street, Oxnard, CA 93030
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter and Multi-Service Navigation Program – 536 E. Thompson Boulevard, Ventura, CA 93001
● Mercy Housing Living Centers/Rapid Re-Housing Program – 351 South K Street, Oxnard, CA 93030
● United Way of Ventura County/Rapid Re-Housing Program – 702 County Square Drive #100, Ventura, CA 93003
● Turning Point Foundation/Our Place Safe Haven:
Emergency Shelter – 536 E. Thompson Boulevard, Ventura, CA 93001
● HESG Planning and Administration – 435 South D Street, Oxnard, CA 93030
Planned Activities Same as description.
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Oxnard Annual Action Plan
2025
15 4 Project Name SUPPORTIVE SERVICES
Target Area Not Applicable
Goals Supported Increase and Improve Social Services
Needs Addressed Supportive Services
Funding CDBG: $235,505.00
Description The City of Oxnard proposes to fund four CDBG programs serving youth and seniors. The Cultural and Community Services Department will receive $30,000 to operate the Palm Vista Senior Center, which offers daily programming, senior nutrition services, volunteer opportunities, and activities such as gardening, excursions, exercise classes, and lawn bowling. The Department will also receive $130,505 for the Recreation Youth Services Program, which provides activities at the Oxnard PAL, Colonia Memorial Park Veterans Gym, and Southwinds Youth Center.
The Oxnard Housing Authority will receive $50,000 to provide senior supportive services in public housing, funding staff who connect residents to resources that support independent living, health, and mobility, while also assisting with housing matters such as lease compliance and recertifications.
Lastly, the Coalition for Family Harmony will receive $25,000 for Counseling Services for Victims of Interpersonal Violence, offering free therapy sessions to Oxnard residents both in person and virtually.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
● Oxnard Recreation Youth Services: 285 persons
● Palm Vista Senior Center: 100 persons
● Oxnard Housing Authority: 45 persons
● The Coalition for Family Harmony: 50 persons
Location Description All CDBG-funded programs serving youth and seniors are available citywide to eligible residents. Services are provided at the following locations:
● Palm Vista Senior Center – 801 South C Street, Oxnard 93030
● Colonia Memorial Park Veterans Gym – 195 N. Marquita, Oxnard 93030
● Oxnard Police Activities League (PAL) – 350 South K
Street, Oxnard 93030
● Southwinds Youth Center – 300 W. Clara Street, Oxnard 93033
● OHA Senior Supportive Services – 401 South C Street,
Oxnard 93030
● The Coalition for Family Harmony – 1000 Town Center
Drive, Oxnard 93030
Planned Activities Same as description.
5 Project Name STREET IMPROVEMENTS AND INFRASTRUCTURE
Target Area Not Applicable
Goals Supported Create and Maintain Quality Neighborhoods Needs Addressed Street Improvements and Infrastructure
Funding CDBG: $1,000,000.00 $2,000,000.00
852
Oxnard Annual Action Plan
2025
16 Description The City will allocate $1,000,000 in CDBG to the Cal Gisler Neighborhood Street Improvement Project. The project includes improvements to streets, sidewalks, and the construction of ADA access ramps for persons with disabilities.
On October 7, 2025, the City is proposing to allocate an additional $1,000,000 in Community Development Block Grant (CDBG) funds to the La Colonia Neighborhood Street and ADA Improvement Project – Phase III, originally funded in the Fiscal Year 2024/25 Annual Action Plan. The project was previously awarded $1,000,000 in CDBG funds; with this amendment, the total allocation will increase to $2,000,000. The scope of work includes street and sidewalk improvements, as well as the installation of Americans with Disabilities Act (ADA)-compliant access ramps to improve accessibility for persons with disabilities.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
This project will account for a neighborhood improvement in lowand moderate- income census tract neighborhood, and approximately 5,345 persons will benefit from the project.
Location Description The Cal Gisler Neighborhood Street Improvement Project will take place in predominantly residential low- and moderate-income neighborhoods. Affected Census Tracts include CT 3900, BG 1 and
2. The La Colonia Neighborhood and ADA Improvement Project – Phase II proposes to improve street segments including:
1. E Colonia Rd – From N Oxnard Blvd to N Juanita Ave
2. Cooper Rd – From N Oxnard Blvd to N Juanita Ave
3. N Harrison Ave – From E Colonia Rd to Cooper Rd Alley N/O
4. N Hayes Ave – From E Colonia Rd to Cooper Rd
5. N Grant Ave – From E Colonia Rd to Cooper Rd
6. N Garfield Ave – From E Colonia Rd to Cooper Rd
7. N McKinley Ave – From E Colonia Rd to Cooper Rd
8. N Bonita Ave – From E Colonia Rd to E Third St
9. N Anita Ave – From E Colonia Rd to Cooper Rd
10. N Juanita Ave – From E Colonia Rd to E Third St
11. E First St – From S Harrison Ave to Juanita Ave
12. S Harding Ave – From E First St to E Third St
13. E First St – From Juanita Ave to Rose Ave
14. S Hayes Ave – From 251 S Hayes Ave to Third St
15. E Second St – From Wilson Ave to Campton Dr
16. Navarro St – From E First St to E Third St
17. Campton Dr – From E First St to E Third St
18. Morris St – From Campton Dr to Sarita Dr
19. E Second St – From Campton Dr to Sarita Dr
20. Crawford St – From Campton Dr to Sarita Dr
21. Sarita Dr – From E First St to Second St
22. Sarita Dr – From E Second St to Crawford St
23. Felicia Ct – From N Marquita St to N Marquita St
24. Marquita St Alley E/O – From Felicia Ct to Felicia Ct Planned Activities Same as description.
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Oxnard Annual Action Plan
2025
17 6 Project Name ADMINISTRATION
Target Area Not Applicable
Goals Supported Effective Administration
Needs Addressed Development of New Affordable Housing
Housing Rehabilitation
Housing Services
Housing Stability
Homelessness
Supportive Services
Fair Housing Services
Public Facility Maintenance
Street Improvements and Infrastructure
Economic Support for Small Businesses & Job Training
Disaster Planning and Recovery
Funding CDBG: $414,956
HOME: $59,901
Description The City will conduct the following administration/planning activities: (1) General Administration of CDBG Program, including preparation of Annual Action Plan, budget, applications, certifications and agreements; (2) Coordination of CDBG-funded capital improvement projects; (3) Coordination of Public Service Subrecipients, (4) Coordination of HOME-funded housing projects; (5) Monitoring of CDBG projects/programs to ensure compliance with federal regulations; and (6) Preparation of the CAPER. Up to 20% of the annual CDBG entitlement is allowed for administration activities.
The City of Oxnard Housing Department is responsible for administering the HOME program. Up to 10 percent of the HOME allocation will be used to provide for staffing and other program administration costs associated with the HOME program, including planning, reporting, monitoring, and IDIS setup and maintenance.
Target Date 6/30/2026
Estimate the number and type of
families that will benefit from the
proposed activities
Not applicable.
Location Description Citywide
Planned Activities Same as description.
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Oxnard Annual Action Plan
2025
18 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The primary national objectives of the ConPlan programs are to benefit LMI residents, therefore, the City’s CDBG funds will be targeted to extremely low-, low-, and moderate-income persons citywide. CDBG funds will be used to serve the LMI persons Citywide and in Low-Moderate Areas (LMA). Also, the City will continue to assist the low- and moderate-income persons citywide with HOME and ESG funds.
Geographic Distribution
Target Area Percentage of Funds
NA NA
Table 4 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The need for affordable housing (funded by CDBG and HOME) is present throughout the City.
CDBG funds for public improvements are based on LMI persons within LMA Neighborhoods.
Regarding the Public Services category of the CDBG funds, the proposed projects will focus on the basic needs of the residents such as mental health, essential and supportive services. The special population such as seniors, homeless and youth will continue to receive their funding for educational needs, shelter support and recreational needs.
Ventura County invests community development resources to address needs of low- and moderateincome persons living throughout the jurisdiction. Each entitlement jurisdiction additionally allocates resources that geographically target specific neighborhoods in which the majority of residents are low- and moderate- income. With limited resources, each community identifies opportunities to target resources at areas that have the greatest need or that would maximize the impact of the investment.
Individual activities funded by the Community Development Block Grant (CDBG) program are designed to benefit low- and moderate-income (LMI) persons or, in the case of activities like parks and streets, areas where at least 51 percent of the residents are low- and moderate-income persons.
ESG allocations are based on the limited clientele distributed citywide. HOME funds are distributed based on the income eligibility of the clients and on a citywide basis.
Supporting efforts in South Oxnard and La Colonia will support two of the most vulnerable and older communities with housing, services and economic stability through up-and-coming programs.
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19 Discussion
As always, the City of Oxnard will continue to look for available public and private resources and creative ways to fund the needy programs.
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20 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME funds will be used to provide gap-financing assistance for new construction of multi-family rental units for lower income households. The first phase of Cypress Place, a 90-unit 100% affordable rental development, has been awarded a gap-financing loan of $1,600,000 in HOME funds for the construction of the 90-unit development and $1,500,000 CDBG funds for construction of off-site improvements. Cypress Place will include 15 HOME assisted units and is estimated to be completed in fall 2025.
The Etting Road (Dolores Huerta Garden) Apartments, a 58-unit 100% affordable rental development, has been awarded a gap-financing loan of $1,854,000 in HOME funds for construction of the 58-unit development. Eleven of the units developed in the Etting Road Apartments will be HOME assisted units and are estimated to be completed in Spring 2025. Given that only Dolores Huerta Gardens is expected to be completed in Spring 2025 and Cypress Place is not expected to be completed until fall 2025 then there are only 11 HOME assisted units expected to be completed in FY 2024-2025. A total of 26 HOME assisted units are expected to be completed in calendar year 2025. The City will review new HOME funding applications submitted in FY 2024-2025 and estimates providing gap-financing for the construction of new housing that will result in at least five (5) HOME assisted units. CDBG funds will be used to provide rehabilitation of ten (10) rental housing units.
Habitat for Humanity of Ventura County will continue to utilize previous years CDBG funds for residential rehabilitation assistance to eligible households. The Ventura County Community Development Corporation (VCCDC) will continue to utilize previous years CDBG grants funds for affordable housing loans for homeownership assistance for income eligible families in Oxnard.
HOME development financing assistance will leverage development funds from the State of California, developer equity, private financing, and tax credit financing.
Lower-income households continue to pay a high percentage of their income for housing, compared to other income groups. A large percentage of lower-income renters tend to experience overcrowding and inadequate housing conditions as housing problems. In order to help provide decent and affordable housing, and improve the social and economic status for LMI households in Oxnard, the following programs will be available during the next program year:
1. Homeowner Rehabilitation Assistance Program
2. Homeownership Assistance Programs
3. Construction of new affordable dwelling units
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21 One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 15
Special-Needs 0
Total 15
Table 5 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 5
Rehab of Existing Units 10
Acquisition of Existing Units 0
Total 15
Table 6 - One Year Goals for Affordable Housing by Support Type Discussion
Habitat for Humanity of Ventura County will continue to utilize CDBG grant funds from the previous year for the homeowner rehabilitation assistance program. Ventura County Development Corporation (VCCDC) will continue to utilize CDBG grant funds from previous years for Oxnard residents to provide a homeownership assistance program. The City of Oxnard’s Affordable Housing and Rehabilitation Department will also continue to provide financial assistance to Community Housing Development Organizations (CHDO) and affordable housing developers to develop affordable housing units throughout the City subject to available funding and as permitted by the funding source. Loan information is provided to interested residents at homeownership fairs, workshops, and from City referrals to VCCDC.
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22 AP-60 Public Housing – 91.220(h)
Introduction
Oxnard Housing Authority (OHA) currently administers 520 public housing units, 1,904 Section 8 rental assistance vouchers, which includes 77 VASH vouchers, 40 Mainstream vouchers, 10 Family Unification vouchers, 46 Emergency Housing vouchers, and provides support services through its Resident Services program and Family Self-Sufficiency (FSS) program. The needs of public housing residents are supported with a Resident Services program which offers a variety of services to families and youth on-site. The FSS program supports and promotes public housing and Section 8 families with homeownership opportunities and economic self-sufficiency. The FSS Program provides one-on-one counseling and individual assistance to families that participate in this program.
Actions planned during the next year to address the needs to public housing Modernization projects for the public housing units, where most needed, are funded through its Capital Fund program. Each year, in its Annual Plan and Statement, the Capital Fund Program reprioritizes those projects identified in the 5-year plan.
For Fiscal year 2025-2026, the following capital improvement projects for public housing units are planned:
● CAL 31-3 Colonia Village 504 Conversion $260,000
● CAL 31-3 Colonia Village Alley Repair $140,000
● CAL 31-7 Althea Ct Rebuild 8 units $400,000
Total Planned projects for 2025-2026 $800,000
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Homeownership opportunities are promoted by offering public housing families homeownership counseling services by Ventura County Community Development Corporation (VCCDC). In addition, families are informed of these services through its Family Self-Sufficiency Program and distribution of flyers to all households.
Public housing residents are encouraged to participate in public housing tenant associations that advocate on behalf of tenants to support efforts to improve public housing stock and living conditions.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
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23 Not Applicable
Discussion
In order to respond to the increasing need for affordable housing units within the community, OHA and the Housing Department will continue to seek new resources of financing new housing development projects and partnering with developers, owners, and CHDO's. 860
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24 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Jurisdictions that receive federal funds for homeless assistance are typically required to conduct a Point In Time Count (PIT) of homeless persons each year. The PIT count was completed on January 22, 2025, with more than 100 volunteers signing up to participate in Oxnard’s count. The results of this count are still being tabulated by the Ventura County Continuum of Care. The results will be published in their annual Homeless Count and Survey report, expected in Spring 2025.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Oxnard continued the operation of a year-round homeless shelter and navigation center located on K Street in Oxnard. The City of Oxnard contracted Mercy House to operate the navigation center. The navigation center will continue its operation for the next twelve-month period and beyond. Oxnard has launched an effort to develop a new construction mixed-use development that will include a new replacement navigation center and 110-bed homeless shelter plus other support services and fifty-six units of permanent supportive housing. We expect that this new project will be in operation by August 2025. The shelter will continue operating at the K Street location until that time.
The City continued working with The Salvation Army to provide street outreach services that include practical assistance, housing navigation, employment assistance, health navigation and crisis intervention with the ultimate goal of transitioning chronically homeless individuals towards stable housing. The Street Outreach Team coordinates with Mercy House and the Oxnard Navigation Center as well as the Homeless Liaison Officers with the Oxnard Police Department.
The City also began a partnership with Mercy House for street outreach services.
This year, the City continued its partnership with Ventura County Health Care Agency to operate an encampment response program as part of the State’s Encampment Resolution Funding program.
The program consists of a street outreach and case management team, along with non-congregate emergency shelter by using motel rooms. This project involves proactive engagement with people living in encampments throughout the city, and relocation to non-congregate emergency shelter where clients are connected with a case manager to work towards a housing plan, with the goal of moving into permanent supportive housing.
Addressing the emergency shelter and transitional housing needs of homeless persons The emergency shelter and transitional housing needs of homeless persons are currently being addressed by several service providers throughout Ventura County. The emergency shelter needs 861
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25 in the area are met by the following providers:
● Mercy Housing in operation of the Oxnard Navigation Center ● Ventura County Rescue Mission -single men over the age of 18 with rotating stay schedule, 10 nights in/5 nights out
● Kingdom Center - emergency shelter for single women and women with children ● Lighthouse Mission for Women and Children - single women and women with children ● Turning Point Foundation - mentally ill individuals
Transitional housing needs are currently being met by the following providers:
● Kingdom Center - single women and women with children ● Many Mansions - transition aged youth, single women and women with children ● Turning Point Foundation - single mentally ill persons ● Salvation Army - families, single parents and single persons ● Ventura County Human Services Agency - families, single parents and children, and single persons.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
There are many providers that are working diligently to assist homeless persons from not only finding housing, but also to prevent further incidents of homelessness. The Oxnard Housing Authority designates Homeless Set Aside vouchers in issuance of Housing Choice Vouchers and is actively offering permanent housing opportunities, including through the construction of the Central Terrace, Casa Aliento, and Casa de Carmen permanent supportive housing projects.
Specific vouchers that the Oxnard Housing Authority uses to address homelessness include Homeless Set Aside Vouchers, Mainstream Housing Vouchers that are prioritized for non-elderly adults with disabilities who are currently homeless or leaving an institution, and Emergency Housing Vouchers through the American Rescue Plan Act.
The Ventura County Human Services Agency (HSA) utilizes County General Funds to provide eviction prevention and rapid re-housing services to all of these populations; they will continue to do this in the forthcoming operating year. Additionally, Ventura County Veterans Services, Health Care for the Homeless, and Ventura County Behavioral Health all work closely with service providers to provide supportive services to assist in reducing the incidence of homelessness as they have also done in the recent past.
The Oxnard Housing Authority works in conjunction with Veterans Affairs to administer housing vouchers for homeless veterans under the VASH program. This program targets chronically 862
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26 homeless veterans.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The Ventura County Continuum of Care has documented discharge policies of all of the abovementioned services that spell out various directions to ensure persons are not discharged into homelessness. Additionally, as stated earlier, HSA works with qualifying low-income persons and families to avoid homelessness. This is done with the utilization of ESG and Ventura County allocated general fund dollars. Under the CoC discharge policy, in fulfilling the State Mandated Policy (state law related to the discharge protocol), the following are found:
● Health Care Facilities: the County health care system describes the discharge policy as interdisciplinary responsibility. For the persons who require ongoing medical and nursing care and who have no identifiable address they may be discharged to a respite program at the RAIN project, a County operated transitional housing project. Others, upon discharge routinely go to group homes, board and care facilities, or reunite with families and friends. ● Mental Health Facilities: the Ventura County Medical Center Psychiatric Inpatient Unit with the collaboration of Ventura County Behavioral Health and various community agencies provides discharge planning and placement assistance to patients, when leaving the mental health facilities.
● Foster care and other youth facilities: the goal is to provide assisted services to eligible youth and young adults between the ages of 16 and 21 in making a successful transition from foster care to independent living and achieve self-sufficiency. In addition to the County Children and Family Services, a Transitional Age Youth (TAY) center, operated by Pacific Clinics is also available.
● Corrections programs and institutions: upon release, inmates are able to obtain housing in transitional and permanent housing programs, group homes, and sober living homes as well as with family and friends.
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27 AP-75 Barriers to affordable housing – 91.220(j)
Introduction
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in that barriers are lawful and impediments to fair housing choice are usually unlawful.
Barriers or constraints to the affordability of housing exist in many forms. A particular building code that to one sector might be interpreted as a “negative” public policy that acts as a barrier to affordable housing may to another sector be seen as a life-saving necessity – for example, seismic safety construction requirements. The same can be said for zoning and land use regulations. It should be noted that in Ventura County, local growth limitations have been adopted by direct ballot measures. Some of these measures entail costs which can affect housing supply and the cost of housing that is produced.
Barriers to exit homelessness include the lack of a permanent, year-round shelter and the lack of housing units for those at the very low- and low- income spectrum. Because of the high cost to develop housing for these populations and limited public funding to subsidize the development of new affordable housing units, developers often do not have the resources to develop the number of units necessary to house this population. When this occurs, badly needed units go undeveloped, thus further limiting housing opportunities for those hardest to house.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The state of California mandates that jurisdictions include seven elements in their General Plans:
land use, transportation, conservation, noise, open space, safety, and housing. Two of these elements – the Housing and Land Use Elements – can directly impact local housing markets because they define key parameters for housing development such as permitted density, required fees, and allowable zoning uses.
The Housing Element details a local government’s strategy to address their jurisdiction’s housing needs and regulate existing and future housing development. In California, the state outlines statutory requirements for each community’s Housing Element which are then subject to review by the Department of Housing and Community Development (HCD) for compliance with state law. Enacted in 1969, the Housing Element law requires that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law acknowledges that for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for 864
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28 and do not unduly constrain housing development.
Environmental review, general planning, zoning, and related local land use regulations and development standards are all extensions of local government police powers to protect life and property, minimize nuisances, and achieve a desired quality of life as expressed through a participatory democratic process. Certain barriers to affordability are imposed by the mandates created by State Law (such as preparing and adopting a General Plan and conducting environmental reviews), are adopted for safety or civil rights reasons (such as the imposition of seismic construction standards in quake-prone areas, or requiring compliance with accessibility or visibility design standards), or enacted to remedy or prevent a specific local issue (such as requiring landscaping to deter graffiti). The term “barrier” should not be interpreted in the context that local development standards and development review procedures are inhibiting the provision of quality affordable housing that would otherwise be developed but are the cumulative effect of the development requirements imposed by the layers of government regulations and laws that impact residential development.
Discussion
The City strives to consistently implement all policies and procedures, to review local development standards and review procedures in such a way as to avoid and ensure that such do not have unintended negative consequences, and to improve policies and procedures so as to increase the opportunities and feasibility of developing affordable housing, especially for special needs and very low- and low-income units). The City will continue to engage in these efforts to identify and minimize any barriers over which the City has legal authority, in accordance with applicable law. 865
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29 AP-85 Other Actions – 91.220(k)
Introduction
The City will implement the goals and strategies of the Regional Consolidated Plan to achieve the other actions listed in the next section.
Actions planned to address obstacles to meeting underserved needs The City will continue to utilize available resources to fund administrative support activities to meet the underserved needs in the community. The City will continue to work with the appropriate state agencies to administer the assets of the former redevelopment agency in the appropriate manner, and to the benefit of the LMI community whenever possible and feasible. Other obstacles include the following:
● Limited availability of funding from federal, state and other sources. ● High cost of housing and provisions in the area which increases the difficulty of meeting affordable housing needs.
● Reduced or frozen funding from state and other sources due to inadequate state revenue. ● The housing and credit crisis causing a negative effect. ● A tight job market has produced an increased demand for production of new housing which is not being met, increasing home prices. Salaries are not commensurate with the high cost of housing in this market. These two factors combine to exacerbate the affordability crisis. ● The Credit Crisis. Credit crisis has limited the availability of capital to develop housing for low-and moderate- income households and special needs groups. City staff will address the challenges of existing and new obstacles in PY 2025 by focusing on the following programmatic and administrative areas:
⮚ Staff will continue to research the availability of future funding resources that leverage the development of affordable housing units, inclusive of grants, bond financing, Section 108 funding and partnering with other affordable housing developers.
⮚ CDBG and other funds will be used to fund administrative support for programs that serve the needs of LMI citizens citywide. This is especially critical now that no redevelopment agency funding is available, given that redevelopment agencies no longer exist in California.
⮚ Staff will continue to collaborate with private sector partners when appropriate in the development and construction of affordable housing. ⮚ Staff will continue to collaboratively work with the service provider community, non-profit organizations, and neighboring cities and local governmental agencies within the County of Ventura to identify projects that also meet federal community development program eligibility and which can comply with timely draw-down requirements.
Per the regulation CFR 92.251 (a)(2)(vi), broadband infrastructure, the City incorporates this 866
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30 regulation into each HOME agreement to ensure federal compliance with this statute Actions planned to foster and maintain affordable housing The City utilizes its Inclusionary Housing Program to provide significant numbers of affordable housing units. The City’s Inclusionary Housing Program is one of forty-four programs identified in the City’s 2021-2029 Housing Element identified to facilitate the construction of new affordable housing and to conserve and rehabilitate existing housing. To ensure that Oxnard has enough opportunity sites suitable for residential development and to meet the 2021-2029 Regional Housing Needs Assessment (RHNA) affordable allocation of 2,911 lower income units, the City is relying on the following:
● The Affordable Housing (AH) additive zones (see Supplement 1) with an inventory of 2,466 units on sites
● 44 Vacant and Underutilized Sites (see Supplement 1)
● 224 units on Pending Specific Plans
● 165 units on Pending Annexations
● 490 Project Accessory Dwelling Units (ADUs)
The City of Oxnard has adopted several ordinances that establish inclusionary affordable housing requirements for new developments. Relevant ordinances are City Council Ordinances 2980 and 2999. The Inclusionary Housing Program, pursuant to Ordinance 2980, provides for in-lieu fee payments that can replace the on-site units within a development subject to approval by the City Council. The City adopted updated In-Lieu fees on June 2, 2020. In-lieu fees for development project are as follows:
For-Sale Units: If the in-lieu request is granted, the developer is required to make a payment of $39,416 for each single-family home and $38,321 for each multi-family for sale unit in the development. Thereafter, every July 1st these fees will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.
Rental Units: If the in-lieu request is granted, the developer is required to make a payment of $30,656.83 for each multi-family rental unit in the development. Thereafter, every July 1st this fee will be adjusted by the percentage increase or decrease for the prior twelve months as determined by the Engineering News Record Building Cost Index for the Los Angeles Region.
In-lieu payments are made when the developer applies for building permits for the approved units.
The in-lieu fees collected provide funding support in the form of developer loans to new affordable housing projects and are almost always leveraged with other funding sources. The current in-lieu fund balance is approximately $1.9 million.
Possible incentives to be offered by the City’s Community Development Department may include, 867
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31 but are not limited to, the following:
● Expedited/streamlined application processing and development review ● Modification of development requirements, such as reduced setbacks and parking standards on a case- by-case basis
Existing incentives include the State Density Bonus Program and Down payment Assistance to low-income residents looking to buy a new home via the City’s agreement with the Ventura County Community
Development Commission to administer a Down payment Assistance Program with the use of City CDBG funds. The City’s Affordable Housing Additive Zone offers developers the ability to build 30 units to the acre in designated parcels throughout the City in exchange for making 20% of the units affordable.
Actions planned to reduce lead-based paint hazards
Any rehabilitation activities on housing units constructed prior to 1978 will have lead hazards identified and actions taken to remove the hazard. The City's Affordable Housing Division does not own or manage any housing units. All units for which HOME and CDBG assistance is provided for homebuyer assistance or homeowner rehabilitation are administered in compliance with HUD's HOME or CDBG regulations for lead- based paint, as applicable. With respect to units owned or assisted by the Oxnard Housing Authority, there have been no cases of Public Housing tenants and/or Section 8 participant households reporting or having been discovered to have poisoned children or any child with “Elevated Blood Lead Level”. OHA staff provides a brochure related to lead based paint hazards to all new tenants and program participants. Maintenance staff attends training and seminars to stay current with the State of California Lead Awareness Training requirements.
Actions planned to reduce the number of poverty-level families Eliminating poverty is a clear concern in Oxnard and Ventura County in general. Efforts are constantly underway to improve the quality of life and economic well-being of the residents through collaborative efforts of the following agencies and their programs to provide needed skills for individuals seeking jobs and thereby getting them out of poverty:
● City Corp
● Oxnard Housing Authority
● County of Ventura-Human Services Agency
● City's youth programs such Police Activities League programs and Southwinds Youth Center programs
Actions planned to develop institutional structure
Extensive public and private partnerships have been established and organized to address the City's 868
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32 housing, homeless, and community development needs: Entitlement Grants workshops and training, Affordable Housing workshops for homeowners, Fair Housing training and other scheduled meetings (such as Pre-construction meetings, Commission on Homelessness meetings, and meetings with County Continuum of Care Council, Housing Committee meetings).
Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. This could be from ongoing meetings, special meetings and task force.
Discussion
The City anticipates new inclusionary affordable housing to be developed within several proposed specific plans and other new projects, including the Central Terrace Apartments, which will include 9 City inclusionary units as well as 77 other 100% affordable units. The Casa de Carmen project (formally known as 2nd and B and the Homeless Solutions Center) will provide 6 City inclusionary units as well as 49 other 100% affordable units. Based on a thorough review, the City does not believe that the current inclusionary housing program is a constraint to the development of housing in addition to the incentives and concessions currently being offered and conversations with local developers who have been able to work within the requirement of the inclusionary housing program and produce housing. To further ensure the program does not pose a constraint, the City has included a monitoring process.
Other actions that the City of Oxnard will continue to improve compliance assessment for all its HUD funded programs and projects by 1) monitoring program and financial performance; 2) compliance with Environmental review: each project is reviewed for compliance with the National Environmental Protection Act. The City will utilize a consulting agreement to assist and perform the environmental reviews for housing developments and facility improvement projects, more complicated, and time consuming projects; 3) Labor Compliance Act; 4) Section 3 Compliance; 5) Procurement and Purchasing: The City has its own procurement and purchasing policies managed by staff in the Finance Department; 6) Partnerships with Citizen Advisory Groups: InterNeighborhood Council Forum, Commission on Homelessness, Parks and Recreation and Community Services Commission, Mobile home Park Rent Review Board, and Senior Services Commission.
Continued Actions planned to foster and maintain affordable housing:
The affordable housing additive zones, adopted on October 19, 2021 via Ordinance 2999, are zoning designations that provide opportunities and incentives for the development of affordable residential housing to help the City reach its regional housing needs allocation (RHNA). 869
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33 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
The information in this section pertains to requirements set forth in HUD regulations that are specific to the CDBG, HOME, and ESG programs.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
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34 HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section
92.205 is as follows:
Other forms of local investments for housing that may be available to projects include financing from the City’s in-lieu fees, CDBG, Housing Successor Agency Funds, and Permanent Local Housing Allocation (PLHA) funding. The City also applies for competitive grants in support of affordable housing initiatives and partners with other housing organizations to assist in housing low-income and the unhoused with permanent housing options.
CDBG funds are currently being used for home ownership assistance through a subrecipient.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
The City does not have a resale provision, therefore the City's policy is to recapture the funds for future HOME-eligible activities. Below describes the City's recapture provisions and procedures.
Recapture Provisions
In the event that the homebuyer fails to satisfy the requirements during the term of the loan, or otherwise defaults, the City shall exercise its legal rights, as set forth in the promissory note and deed of trust, in order to recover the monetary assistance previously provided to the maximum extent permitted by law.
If the recapture provisions are triggered by a sale of the housing unit, (whether voluntary or involuntary – such as foreclosure) or other default, the City shall take all necessary steps to recover the full amount of HOME funds from the net proceeds. The phrase ‘net proceeds’ is defined as the sales price, minus the loan repayment of the first trust deed (other than HOME funds) and any closing costs.
The HOME Program regulations allow the City to recapture the entire HOME Subsidy, in the event the loan recipient violates the affordability and or term period requirements. However, should the ‘net proceeds’ not cover the entire HOME Subsidy or not cover any of the HOME Subsidy, the City is required to forgive the remaining balance of the direct HOME Subsidy.
During the term of the loan, the homeowner must repay the loan if it is sold, transferred or refinanced without the City’s permission and/or with cash out to the homeowner or the 871
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35 homeowner does not occupy the residence as a primary residence.
Procedures
The City utilizes an agreement which includes restrictions, and a promissory note secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.
Staff monitors and requires certification annually by the homeowner that the property is owneroccupied to determine if recapture provisions shall be invoked upon discovery of violations for owneroccupancy or unauthorized transfers.
The City will exercise the rights stipulated in the promissory note, secured by the deed of trust that was recorded with the County Recorder’s Office.
Should Borrower transfer (as that term is defined in the Note) the Property during the occupancy period, City shall require that Borrower pay from the net proceeds the full amount of the Loan. For purposes of this Loan Agreement, “net proceeds” shall mean the sales price minus loan repayment (other than CDBG funds) and closing costs.
In the event net proceeds are not sufficient to discharge the full amount of the Loan during the occupancy period plus enable the Borrower to recover his or her initial investment in the Property and documented costs of any capital improvements, Borrower shall share the net proceeds with City. The City’s share of the net proceeds shall be calculated as follows:
(Amount of Loan / Amount of Loan + Borrower’s Investment) = % of Net Proceeds that City is entitled to. Should the net proceeds not discharge the full amount of the Loan, City shall forgive the remaining balance.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
During the affordability period, the homeowner must resell to another low-income homebuyer if the property is refinanced without the City’s permission and/or with cash out to the homeowner or the homeowner does not occupy the residence as a primary residence.
The original homebuyer receives a fair return on investment, (i.e., the homebuyer’s down payment plus capital improvements made to the house. It is important to note that in certain circumstances, such as a declining housing market where home values are depreciating, the original homebuyer may not receive a return on his or her investment because the home sold for less or the same price as the original purchase price); and In the event that the homebuyer fails to satisfy the requirements during the term, or otherwise 872
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36 defaults, the City shall exercise its legal rights, as set forth in the Resale Restriction Agreement.
Procedures
The City utilizes a Resale Restriction Agreement (RRA) secured by a deed of trust which is recorded with the Ventura County Recorder’s Office.
Staff monitors and requires certification annually by the homeowner that the property is owneroccupied to determine if resale provisions shall be invoked upon discovery of violations for owner-occupancy or unauthorized transfers.
If the homeowner defaults or fails to satisfy requirements during the term, the City will exercise the rights stipulated in the Resale Restriction Agreement.
Property must be sold to an eligible low-income homebuyer which shall acquire the unit subject to the continuation of restrictions provided in the RRA through an assumption agreement.
The purchase price must be affordable for a low-income household who earns up to 80% of the area median income, provided by HUD. The monthly cost for principal, interest, taxes, insurance, HOA fees, utilities, and maintenance should not be more than 30% of the monthly income for the household or otherwise stated in the RRA. There is no preference to a particular segment of the low-income population.
The resale price is calculated using one of two methods described below. The method used is identified in the RRA:
● Determined as the affordable housing cost for a family at 80% of AMI paying no more than 30% of the monthly income for the household or in accordance of California Health And Safety Code 50025.5, whichever is lesser, but not less than the original price paid by homebuyer, or
● Determination using a CPI method to calculate the increase (or decrease) in value of the property. The U.S. Bureau of Labor Statistics Consumer Price Index – All Urban Consumers for the Los Angeles-Riverside- Orange Counties Area (all items based 1982-1984=100) provides the CPI on the date of the calculation and the CPI on the purchase date. The calculation is the CPI on the date of the calculation minus the CPI on the purchase date, plus the cost of improvements to property evidenced with receipts, less 7% depreciation, plus the costs of bringing the housing unit up to current building codes and in a salable condition.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required 873
Oxnard Annual Action Plan
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37 that will be used under 24 CFR 92.206(b), are as follows:
The City currently does not have any plans to invest HOME funds in this type of activity.
5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
Not Applicable
6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and
91.220(l)(2)(vii)).
Not Applicable
7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
Not Applicable
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as attachment) The City does not provide any direct client assistance under the ESG program. All written standards vary by service providers and assistance type. However, all providers must ensure recipients meet the minimum qualifications established by HUD for each eligible funded activity. The Ventura County Continuum of Care maintains a Written Standards for HUD CoC and ESG document for subrecipients of ESG funds.
2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.
The Regional Ventura County Continuum of Care Alliance has established a centralized or coordinated assessment system, Pathways to Home, that provides coordination intake as well as systems to avoid duplication of effort and redundancies.
Pathways to Home is centralized to provide identical information and system-wide tracking through HMIS, of all homeless individuals who seek and /or receive assistance at any one of the various service providers, or through the County directly. 874
Oxnard Annual Action Plan
2025
38 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).
The process for making all sub-awards for ESG recipients are as follows:
a. The City formally posts the Notice of Available Funds (NOFA) in the regional newspaper, on the City's website, and emails and paper mail are sent to all existing and potential service providers from Ventura to Los Angeles.
b. All interested agencies attend information workshop/application training on the process, which includes all deadline dates and times.
c. Interested agencies then submit their application, project overview and qualifications. d. The funding recommendations are adjusted to meet the available resources and cap requirements; reviewed by management and then submitted to the City Council for approval.
e. All applicants are contacted and urged to attend the City Council meeting in which the items fall on the agenda. All supporting comments and grievances are done at this time. f. The Mayor and City Council directs the City Manager and staff to move forward with final processing.
g. Staff prepare all contracts for execution. Additionally, all internal processes are completed in order to encumber funds to each individual agency.
h. Contracts are completed and services can begin on July 1. i. All ESG contracts are awarded for two years.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.
The City meets the homeless participation requirement by having formerly homeless City staff involved in the consideration of policies and funding decisions regarding facilities and services funded under ESG. Formerly homeless City staff also serve on the Ventura County Continuum of Care Governance Board. In addition, each entity receiving City ESG funding is also asked to provide information as to how they involve the homeless.
5. Describe performance standards for evaluating ESG.
Performance measures are in place to ensure the efficient administration of all ESG funded activities. Additionally, along with the utilization of the HMIS, these measures will hopefully help to reduce the length of family and individuals remain homelessness, reduce the overall incidence of homelessness, and monitor the overall use of emergency shelters. Some of the activity measures are as follows:
● Emergency Shelters: Excluding winter shelters, must be able to document placement of a minimum of 10 percent of the homeless persons or households 875
Oxnard Annual Action Plan
2025
39 served in the Program Year into transitional or permanent housing. ● Transitional Housing: must be able to document placement of a minimum of 50 percent of the households who completed the transitional housing program in the Program Year into permanent housing. "Household" is defined as all clients including single individuals and families.
● Rapid Re-housing: must show continued housing of clients receiving assistance for at least three months after receiving assistance. This should be done via case management of clients, documentation and HMIS entry and exit dates. ● Eviction Prevention: must show continued housing of clients receiving assistance for at least three months. This should be done via case management of clients, documentation and HMIS entry and exit dates.
● All clients, with the exception of victims of domestic violence, must be entered into the Regional HMIS within 15 days of receiving service(s), and must be exited from the system within 30 days of program completion or termination. ● Minimum Standards: Sub-grantees are expected to have taken steps to meet the Minimum Standards for Homeless Programs within thirty days of executing the Program Year contract.
● Building and Habitability Standards: Any building for which ESG funding is used for renovation, major rehabilitation or conversion must meet local government safety and sanitation standards. In addition, the Sub-Grantee must meet a number of basic standards to ensure that shelter and housing facilities funded through the ESG program are safe, sanitary and adequately maintained. ● Monitoring: City staff will monitor the use of grant funds through a combination of a thorough review of submitted reports, review of audit or financial statements, and monitoring and site visits.
● The City will continue to develop and implement eligible activities using the grant funds and through the monitoring and review processes and techniques in order to comply with the federal specific requirements.
Discussion
The Homeless Services Division continues to fund all the activities prescribed in the HEARTH act. With the subrecipients’ partnership, the City's ESG will continue to provide substantial additional leverage funds to invest in the various programs in order to assist the homeless population toward the goal of reduction and ending homelessness. Also, ESG limits the cost categories for administration and planning to 7.5%, and no more than 60% for street outreach and emergency shelter. The remaining balance supports rapid re- housing programs and Homeless Management Information System (HMIS) licensing.
876
FIRST SUBSTANTIAL AMENDMENT TO THE
FY 2025-26 ANNUAL ACTION PLAN
Brenda Lopez
Housing Director
City Council
October 7, 2025
877
BACKGROUND
1. Annually, the City prepares an Annual Action Plan (AAP) in connection with the Regional Five-Year Consolidated Plan (Consolidated Plan) detailing how the City will spend Department of Housing and Urban Development (HUD) federal funding, specifically Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG).
2. The Consolidated Plan was adopted by the Oxnard City Council on May 6, 2025. The Plan establishes regional goals which address high-priority needs in the community.
3. The AAP: identifies the projects/programs to be undertaken during the upcoming fiscal year and acts as the City’s application process for the CDBG, HOME and ESG programs. The recommendations are based on estimated funding figures.
4. HUD regulations allow for changes to be made to the AAP. Substantial changes (introduction of a new activity, cancellation of an existing activity, or reallocation of $200K or more) requires public noticing and a public hearing prior to approval.
5. HUD requires that a grantee’s undisbursed balance of CDBG funds in its line of credit not exceed 1.5 times its most recent annual grant allocation (The 2026 limit for the City is $3,112,171.50). 2 878
BACKGROUND
6. As of August 2025, the unexpended CDBG fund balance is $6,070,197 which includes funding currently under contract plus $1,000,000.00 of uncommitted funds.
7. This public hearing seeks to amend the FY 2025-26 AAP to add funding to a previously approved public infrastructure project. The City is proposing to allocate the uncommitted funds ($1,000,000) to the La Colonia Neighborhood Street Resurfacing and ADA Improvement Project – Phase III (“La Colonia Project”) that was previously approved in the FY 2024-25 AAP and awarded $1,000,000.
8. Proposed reallocation to a “shovel-ready” project will also assist the City in meeting the federal CDBG timeliness requirement.
9. Staff has confirmed that the amended $2,000,000 allocation to the La Colonia Project can be fully expended by the end of calendar year 2025.
10. This timely expenditure will help ensure compliance with federal regulations and improve the City’s overall performance in the CDBG program.
3 879
LA COLONIA PROJECT
La Colonia Neighborhood Street Resurfacing and ADA Improvement Project- Phase III (“La Colonia Project”) (C2209):
1. Original Engineer’s estimate was $6,853,000.
2. Competitive Solicitation was completed, one bid was received totaling $8,665,561.51 not including other required soft costs which will bring the total project cost to approximately $10.4 million.
3. Public Works’ street and sidewalk improvement project in predominantly residential and lowand moderate-income neighborhood.
4. Approximately 2,600 residents will benefit from the improvements.
5. Staff proposes to allocate an additional $1,000,000 to the La Colonia Project to assist in closing funding gap for the project.
6. Proposed allocation advances the Consolidated Plan goal of creating and maintaining quality neighborhoods, helps the City meets its timely grant expenditure requirements and has a future benefit for the larger citywide Neighborhood Street Resurfacing CIP project. Without the additional CDBG, other funding sources for other projects, would have to be used. 4 880
CDBG FUNDS ALLOCATION 5
Activity Allocation
La Colonia Project $1,000,000.00 FY 2024-25
$1,000,000.00 FY 2025-26
Total CDBG Allocation $2,000,000.00
881
That the City Council:
1. Conduct a public hearing regarding the First Substantial Amendment to the FY 2025-26 Annual Action Plan;
2. Approve the First Substantial Amendment to the FY 2025-26 Annual Action Plan recommending use of Community Development Block Grant (CDBG) funds for public infrastructure improvements;
3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the FY 2025-26 Annual Action Plan and authorize any necessary budget appropriation and corresponding revenue recognition in CDBG funding (Fund 201) for the project;
4. Authorize the City Manager, or his designees, to execute the required documents for the submission of the amended FY 2025-26 Annual Action Plan; and,
5. Receive and file any comments made during the 30-day public comment period or made in person at the public hearing with the Amendment.
RECOMMENDATIONS 6
882
END OF PRESENTATION
Written comments to:
[email protected]
7 883
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.1
DATE: October 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Project Budget Appropriation Transfers - Neighborhood Street Resurfacing - La Colonia Phase III Project. (10 minutes)
RECOMMENDATION
That the City Council authorize the City Manager, or designee, to approve project budget appropriation transfers totalling $1,019,255.54, consisting of $953,255.54 within the 2014 Lease Revenue Bond Fund (314) and $66,000.00 within the Water Operating Fund (601) as well as the corresponding Capital Outlay Fund (301) appropriation transfers from the Colonia Road Street Resurfacing Project (C1803) to the Neighborhood Street Resurfacing Project (C2209). (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/VJkxFI100Do
BACKGROUND
On July 1, 2025, City Council approved the award of the Neighborhood Street Resurfacing – La Colonia Phase III Project, the Juanita Ave. Sidewalk Improvement Project, and the Ramona Elementary School Pedestrian Crossing Enhancements Project, totaling approximately $10.4M in project funds. The funding is provided by a variety of sources, including the state’s Road Maintenance and Rehabilitation Act (RMRA) program, Measure O, General Fund, Street Maintenance Fund, Water Operating Fund, Wastewater Operating Fund, other various state funds, and Community Block Grant Fund (CDBG). The Neighborhood Street Resurfacing – La Colonia Phase III Project (C2209) is included in the ongoing Capital Improvement Program (CIP) and consists of the milling of existing asphalt concrete pavement; placement and compaction of asphalt rubberized hot mix (ARHM); micro-surfacing; asphalt rubber aggregate membrane (ARAM), and crack fill; excavation and reconstruction of asphalt pavement failed areas; reconstruction of existing Americans with Disabilities Act (ADA) curb ramps and sidewalks including new pedestrian bulb outs; concrete repairs; adjust utility covers to finished grade; removal and replacement of street name signs; installation of new storm drain pipe and catch basins; high visibility crosswalks with flashing beacon; fence relocations; and traffic striping.
In 2014, the City issued $21.2M of lease revenue project and refunding bonds, Series 2014. The purpose of the bonds was to refund the outstanding Lease Revenue Refunding Bonds, Series 2003A, and finance the acquisition, construction and improvement of certain streets and roadways within certain residential neighborhoods with the City. One project, the Colonia Road Street Resurfacing Project (C1803), was identified as utilizing this funding source. In addition, it had been assigned Water operating funds, similarly to what is done for most City paving projects. In these projects, Water/Wastewater funds are used for performing utility-specific work such as adjusting the elevation of manhole covers in the street rights-of-way before and after paving operations. It should be noted that this project was included in the approved CIP FY 2019-24 and was created as a stand-alone capital project (C1803). However, this project has not been carried forward into new versions of the CIP budget book and therefore needs to be reallocated to the successor project. 884
Capital Improvement Program (CIP) Reference:
Project No. C2209– Neighborhood Street Resurfacing – CIP 2025-2029 – Adopted June 4, 2024 Page 114.
DISCUSSION
Staff is requesting the transfer of previously allocated bond and water funds from the older CIP project titled Colonia Road Street Resurfacing Project (C1803) to the more general successor project titled Neighborhood Street Resurfacing Project (C2209). Doing this will allow for the use and consolidation of previously programmed funds for the La Colonia neighborhood to be used. This also provides for more efficient tracking of expenses by keeping all funds intended for the La Colonia neighborhood street resurfacing work contained within a single project.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
There is no direct fiscal impact of approving the recommendation as it transfers eligible funding from one CIP project to another with the same scope of work, and at the same general location.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.
Prepared by: Morgan Kessler, City Engineer
ATTACHMENTS
1. July 1, 2025 Staff Report
2. Presentation
885
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.1
DATE: July 1, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32600042 with Toro Enterprises, Inc. for the Neighborhood Street Resurfacing – La Colonia Phase III Project, the Colonia Rd. and Juanita Ave. Sidewalk Improvement Project, and the Ramona Elementary School Pedestrian Crossing Enhancements Project, Specification No. PW 24-30. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $10,398,673.15 in Project funds for the Neighborhood Street Resurfacing – La Colonia Phase III Project, the Colonia Rd and Juanita Ave Sidewalk Improvement Project, and the Ramona Elementary School Pedestrian Crossing Enhancements Project, Specification No. PW 24-30;
2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $8,665,561.15 for the Project and approve a Project contingency amount of $866,556 (~10%) with Toro Enterprises, Inc. for a total not to exceed value of $9,532,117.15 for the Project;
3. A Project allocation amount of $866,556 (~10%) for engineering, inspection, survey and project management for the Project; and
4. Approve project budget appropriations of $1,200,000 for the Neighborhood Street Resurfacing Project (C2209), consisting of a budget transfer of $1,000,000 within the Community Development Block Grant (CDBG) Fund (201), $100,000 from the available fund balance in the Water Operating Fund (601), and $100,000 from the available fund balance in the Wastewater Operating Fund (611) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts.
(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/94y93_YKVbQ
BACKGROUND
The Neighborhood Street Resurfacing – La Colonia Phase III Project is part of the ongoing Capital Improvement Program (CIP), with the goal of addressing Oxnard’s residential road paving needs. It is consistent with the five-phased plan of the Oxnard Citywide Pavement Management Program (PMP) that the City Council reviewed on April 2, 2024. This present project includes selected streets, remaining after prior Phase I and Phase II street paving projects, in the La Colonia neighborhood. The existing pavement condition is such that the majority of streets within these areas have reached the point in their life cycles such that corrective work is required. The mill-and-overlay asphalt paving method will be used for this work, while pavement preservation methods, generally in the form of micro-surfacing, will be applied to the road segments that are not as deteriorated.
The Project scope consists of the milling of existing asphalt concrete pavement; placement and compaction of asphalt rubberized hot mix (ARHM); micro-surfacing; asphalt rubber aggregate membrane (ARAM), and crack fill; excavation 886
and reconstruction of asphalt pavement failed areas; reconstruction of existing Americans with Disabilities Act (ADA) curb ramps and sidewalks including new ADA compliant bulb outs; concrete repairs; adjust utility covers to finished grade; removal and replacement of street name signs; installation of new storm drain pipe and catch basins; high visibility crosswalks with flashing beacon; fence relocations; and traffic striping.
The work is tentatively scheduled to begin in Summer 2025 and continue into Fall 2025 (100 working days), absent any delays for supply chain issues, unforeseen site conditions or weather. Staff will work closely with District 3 Neighborhood Council 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.
As part of the preparations for the project, City staff identified fences on 27 properties within the project area that were encroaching into the City’s right-of-way and obstructing the construction of wider school-route oriented sidewalks and associated ADA corner ramp improvements. The City is legally unable to proceed with repaving streets without performing the necessary adjacent ADA improvements to the curb ramps. To facilitate timely progress and avoid placing an undue financial burden on property owners, the City made the decision to relocate the fences at its own expense as part of the overall project scope, which is consistent with similar private fence relocation work done in the La Colonia area for past paving projects (Phases I and II). The relocated fences will remain within the City’s rights-of-way as the design engineer has balanced the City’s need to ensure proper sidewalk width for pedestrian use with minimizing impacts to the property owners.
During the early stages of project design, a survey was conducted by the City’s licensed contracted survey consultant, which confirmed the encroachments into the City’s rights-of-way at the 27 properties. In response, City staff initiated outreach to the affected property owners. An initial informational letter was sent in September 2024, explaining the situation and outlining the City’s plan. A second letter was distributed in October 2024, a third letter was sent in November 2024 to those who had not yet responded, and a final notice in February 2025. Despite these efforts, three property owners disagree with City staff as to the location of their fences relative to City rights-of-way. To address these concerns and to verify the accuracy of the City’s survey work, the City retained a consultant to obtain title reports and litigation insurance for the four remaining properties (two properties owned by one person). With this additional information, City staff have confirmed the accuracy of the locations of the private properties and the extent of the public right-of-way boundaries. To date, City staff continues to work with the owners of these properties to provide information that clearly demonstrates the encroachment of their fences into the public right-of-way.
Capital Improvement Program (CIP) Reference:
Project No.C2209– Neighborhood Street Resurfacing – CIP 2025-2029 – Adopted June 4, 2024 Page 114.
Project No.C2211– Ramona Preschool Pedestrian Crossing Enhancements – CIP 2025-2029 – Adopted June 4, 2024 –