Agenda packet — Port Hueneme City Council, March 18, 2024 (part 1 of 2)

CC Regular Meeting Agenda – March 18, 2024, Page 1 of 4 Monday, March 18, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
Teleconference Location:

Residence Inn Marriott Capital View – Main Lobby
2850 South Potomac Avenue, Arlington Virginia, 22202
6:30 PM
The following provides information to the public on how to participate in City meetings:

Watch Meetings Live or On-Demand
Live or On-Demand at: https://porthuenemeca.suiteonemedia.com/ On-Demand (generally uploaded the next day) at: https://www.youtube.com/@cityofporthuenemegov Public Comments
Public comments may be submitted in person or in writing.

In-Person: Complete a speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak. Public Comment is limited to 3 minutes per speaker, unless for good cause, the Mayor amends the time limit. A speaker’s time may not be transferred to another speaker.

Written: All written public comments shall be no more than 500 words and are subject to the Public Records Act. Written comments should be submitted to the City Clerk by 5:00 p.m. on the day of the City Council meeting by email or directly to the City Clerk’s Office. Email [email protected] and enter “City Council Public Comment” in the Subject line (and agenda item number if applicable). Mail or drop off written comments to the City Clerk’s Office located at 250 N. Ventura Road, Port Hueneme, CA 93041. Please clearly mark envelope with “Public Comment and meeting date”.

Translation Services
Use of a Translator
* The City shall provide a translator if one is requested by a member of the public with a 48-hour advance notice. If a 48-hour advance notice is not provided, the member of the public may provide their own translator. To request a translator, please contact [email protected]. * Per California Government Code 54954.3, if an individual utilizes a translator during Public Statements, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
* If the City provides a translator or translation equipment that allows for the simultaneous translation of the testimony, then no additional time shall be granted.

CC Regular Meeting Agenda – March 18, 2024, Page 2 of 4 Uso de traductor
* La Ciudad proporcionará un traductor si un miembro del público lo solicita con un aviso de 48 horas de anticipación. Si no se avisa con 48 horas de anticipación, el público podrá proporcionar su propio traductor.

Para solicitar un traductor, comuníquese con [email protected]. * Según el Código de Gobierno de California 54954.3, si una persona utiliza un traductor durante las declaraciones públicas, el cuerpo legislativo de una agencia local deberá proporcionar al menos el doble del tiempo asignado a un miembro del público que utilice un traductor para garantizar que las personas que no hablan inglés reciban la misma oportunidad de dirigirse directamente al cuerpo legislativo de una agencia local.
* Si la Ciudad proporciona un traductor o equipo de traducción que permita la traducción simultánea del testimonio, entonces no se concederá tiempo adicional.

Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, contact the office of the city clerk at (805) 986-6503 or [email protected]. Notice 48 hours prior to the meeting will enable the city to make reasonable arrangements to allow participation in this meeting.

Levine Act Disclaimer
The Levine Act (Gov. Code, § 84308) requires any Party, Participant, or Agent in a Proceeding, as those terms are defined in Government Code section 84308 and Title 2, California Code of Regulations, Sections 18400 et seq., before the City of Port Hueneme that involves any action or consideration to their contract, license, permit, or other entitlement for use to disclose any campaign contributions made to City elected or appointed Officers totaling more than $250 within the 12 months prior to the City decision. Any City elected or appointed Officer who has received a contribution totaling more than $250 within the preceding twelve (12) months from a Party, Agent, or Participant, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use the Officer’s official position to influence the decision. Violations of Government Code section 84308 may result in a civil action brought by the FPPC for an amount up to five thousand dollars ($5,000) per violation. Any person who knowingly or willfully violates any provision of the Political Reform Act is guilty of a misdemeanor and subject to a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person unlawfully contributed upon conviction for each violation. Any Party, Participant, or Agent is further prohibited from making, and any elected or appointed City Officer is prohibited from soliciting or accepting, any contribution in excess of $250 for a period of twelve (12) months following any proceeding described above. 6:30 PM CITY COUNCIL REGULAR MEETING AGENDA

CALL TO ORDER / FLAG SALUTE

ROLL CALL
Councilmembers Steven A. Gama, Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; and Mayor Misty Perez

INSPIRATION
Given by Councilmember Martinez

PUBLIC COMMENT
Members of the public may submit comments for items on the Agenda or that is within the subject matter jurisdiction of the City Council. General public comments regarding items Not on the Agenda will be heard at this time. State law prohibits Council from taking action on any item Not on the Agenda. Comments regarding items on the Agenda will be heard when the item is addressed. In-person public comments should be no more than 3 minutes in length. Written comments should be no more than 500 words. Please see Agenda cover page for submission instructions.

AGENDA APPROVAL FOR CITY COUNCIL
City Council Agenda
Recommendation: Approve the City Council Agenda of March 18, 2024.

CC Regular Meeting Agenda – March 18, 2024, Page 3 of 4 CONFLICT OF INTEREST and LEVINE ACT DISCLOSURES

PRESENTATIONS

1. Police Department Annual Report

2. Pension Funding and Unfunded Liability Overview

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be considered routine by the governing body, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions

3. Minutes
Recommendation: Approve the March 4, 2024, City Council Regular Meeting Minutes.

4. Register of Disbursements
Recommendation: Receive and file the City’s register of disbursements for the period of February 27, 2024 through March 12, 2024.

5. Approval of Co-Sponsorship of Hueneme Elementary School District Pickleball Tournament at Moranda Park
Recommendation: Approve the co-sponsorship of Hueneme Elementary School District’s Pickleball Tournament at Moranda Park on May 18 from 1:00 to 4:30 p.m., by allowing the reservation of courts at Moranda Park and waiver of fees.

6. Award of Contract for Native American Monitoring Services for the Bubbling Springs Park Renewal Project
Recommendation: Authorize the City Manager to execute a one (1) year agreement, not to exceed $74,000.00, approved as to form by the City Attorney, with Spirit In The Wind Services for Native American Monitoring for The Bubbling Springs Renewal Project.

7. Award of Contract for Geotechnical Services for the Bubbling Springs Park Renewal Project
Recommendation: Authorize the City Manager to execute an agreement, approved as to form by the City Attorney, with GeoLabs-Westlake Village for Geotechnical Services for The Bubbling Springs Renewal Project.

8. Award of Contract for On-Call Demolition Services
Recommendation: Authorize the City Manager to execute a five (5) year agreement, approved as to form by the City Attorney, with PreCon Demolition for on-call Demolition Services.

9. Authorization of a Resolution Designating Applicant’s Agent to California Office of Emergency Services for Disaster Recovery Efforts from December 2023 Storm Recommendation: Adopt a Resolution entitled, “Designation of Applicant Agent Resolution” (CAL OES Form 130) that will be submitted to California Office of Emergency Services that will allow the City to apply for emergency assistance for the December 2023 storm or future emergencies.

PUBLIC HEARINGS – None.

CC Regular Meeting Agenda – March 18, 2024, Page 4 of 4

BUSINESS ITEMS

10. Heroes, History and Heritage Policy Nomination: Richard Bard Monument and Proposed Survey
Recommendation: Receive an update on the status of the application for a Richard Bard Monument by the Oxnard Harbor District and provide direction regarding the proposed survey to solicit community feedback regarding potential locations.

11. Priorities for City and Port (Oxnard Harbor District) Partnership 2024 Recommendation: Receive information regarding the Joint City/Port Committee meetings for 2024 and provide direction regarding priorities.

12. “Reflect Yourself” Pedestrian Safety Campaign
Recommendation: Receive a presentation from Councilmember Gama regarding a proposed “Reflect Yourself” Pedestrian Safety Campaign, and provide direction

CITY MANAGER COMMENTS AND REPORTS
COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Members are appointed to various Regional Committees/Agencies/Boards and will report out on their activities within these organizations and put forth any comments in regards to community events at this time.

REQUEST FOR FUTURE AGENDA ITEMS
Councilmembers may request items to be placed on future agendas at this time. All requested items will require a motion, a second, and a majority vote, per adopted Council policies, to be placed on a future agenda and will be scheduled at the City Manager’s discretion.

ADJOURNMENT
The City Council will adjourn to its next regular meeting scheduled for Tuesday, April 2, 2024, at 6:30 p.m.
_____________________________________________________________________________________________ Copies of staff reports or other written documentation relating to each item of business referred to in this Agenda are available for public inspection in the Office of the City Clerk and on the City’s website at www.cityofporthueneme.org. Materials received after agenda packet distributions are made available to the public on the City’s website and in the City Clerk’s office at the same time they are provided to the Council.

I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, do hereby affirm that the agenda was posted at least 72 hours in advance of the meeting on the City’s website and near the front entrance of Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, California, 93041, in accordance with California Government Code Section 54954.2(a).

THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 01 Page 1 of 1 CC Agenda 03-18-2024

THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 02 Page 1 of 1 CC Agenda 03-18-2024
CC Regular Meeting Minutes – March 4, 2024, Page 1 of 5 Monday, March 4, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
6:30 PM Open Session
The following information was provided to the public on how to observe and/or participate in City meetings:
• Meetings may also be viewed at: https://porthuenemeca.suiteonemedia.com/ • Public comments may be submitted in person or in writing.

CALL TO ORDER / FLAG SALUTE
Mayor Perez called the meeting to order at 6:30 p.m. and led the flag salute.

ROLL CALL

Present: Councilmembers Steven A. Gama, Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; Mayor Misty Perez

Absent: None

INSPIRATION
Given by Mayor Pro Tem McQueen-Legohn

PUBLIC COMMENT
Public comments were provided in person by the following:
• Stan Carrizosa
• John Cinatl
• Greg Ross
Public comments were submitted via email and read by City Clerk Georgianna Alvarez by the following:
• Danny Carrillo
• Joan Tharp
Agenda Item No. 03 Page 1 of 5 CC Agenda 03-18-2024
CC Regular Meeting Minutes – March 4, 2024, Page 2 of 5

AGENDA APPROVAL FOR CITY COUNCIL
City Council Agenda Approval
A motion was made by Councilmember Martinez, seconded by Councilmember Gama, and passed unanimously to approve the City Council Agenda of March 4, 2024.

CONFLICT OF INTEREST DECLARATION – None.

PRESENTATIONS

1. Crisis Intervention Team (CIT) Officer of the Year Awards In recognition of having received the CIT Officer of the Year Award, Police Chief Federico presented a Certificate of Recognition to Public Safety Dispatcher Jennifer Floriano.

CONSENT CALENDAR
A motion was made by Councilmember Gama, seconded by Mayor Pro Tem McQueenLegohn, to approve Consent Calendar Item Nos. 2 – 5, as presented.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None
City Council:

2. Minutes
Approved the February 20, 2024, City Council Regular Meeting Minutes.

3. Register of Disbursements
Received and filed the City’s register of disbursements for the period of February 10, 2024 through February 26, 2024.

4. Second Reading and Adoption of the Updated Cannabis Ordinance and Adoption of the Updated Cannabis Implementing Resolution

1. Read, by title only, waiving a full reading, and adopted Ordinance No. 796 entitled, “An Ordinance of the City Council of the City of Port Hueneme, California, Amending Article III of the Municipal Code to supersede Ordinance 784, which comprises Chapter 12, to implement various laws of the State of California by allowing medicinal and nonmedicinal and/or commercial cannabis facilities within the City subject to regulatory parameters that protect public health, safety, and welfare”; and

2. Adopted the revised Cannabis Implementing Resolution No. 4483 entitled, “A Resolution of the City Council of the City of Port Hueneme, California, establishing application requirements, minimum qualifications, locational criteria for medicinal and nonmedicinal cannabis activity pursuant to Articles III and X of the Port Hueneme Municipal Code, standard revenue sharing for cannabis-related development agreements entered into pursuant to Chapter 12 of the Municipal Code, procedures for the annual review of development agreements pursuant to Government Code Section 65865.1, and procedures for change in ownership or transfer of an interest in cannabis businesses.”

5. Approve a Professional Services Agreement with Complete Paperless Solutions for a Citywide Document Scanning Project
Approved a professional services agreement with Complete Paperless Solutions (CPS) for a document scanning project with a not to exceed amount of $75,000 by piggybacking on a competitively bid agreement negotiated by the City of Wildomar, and authorized the City Manager to execute the agreement.

Agenda Item No. 03 Page 2 of 5 CC Agenda 03-18-2024
CC Regular Meeting Minutes – March 4, 2024, Page 3 of 5 PUBLIC HEARINGS – None.

BUSINESS ITEMS

6. 2023 Annual General Plan and Housing Progress Report Recommendation: Receive the information provided by staff and any public comment made on the item, and direct staff to submit the annual report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research.

Community and Economic Development Director Tony Stewart presented the report.

Comments and questions followed. There were no public comments.

A motion was made by Councilmember Gama, seconded by Councilmember Hernandez, to receive the information provided by staff and any public comment made on the item, and direct staff to submit the annual report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None

7. Spanish Language Translation Availability for City Council Meetings Recommendation: Direct staff to include language on each agenda in Spanish that offers translation services upon request.

City Manager James Vega presented the report. Questions followed.

Public comments were submitted via email and read by City Clerk Alvarez by the following:
• Jasmine Duron
• Farah Stack
A motion was made by Councilmember Hernandez, seconded by Councilmember Gama, to direct staff to include language on each agenda in Spanish that offers translation services upon request.

Discussion followed.

Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None

8. Removal of Parking Restriction on San Pedro Street
Recommendation: Approve the removal of the parking restriction on the westside of San Pedro Street between Pleasant Valley Road and Clara Street and authorize staff to consult with Naval Base Ventura County.

City Manager Vega presented the report. There were no public comments. Questions followed.

A motion was made by Councilmember Martinez, seconded by Councilmember Gama, to approve the removal of the parking restriction on the westside of San Pedro Street between Pleasant Valley Road and Clara Street and authorize staff to consult with Naval Base Ventura County.

Agenda Item No. 03 Page 3 of 5 CC Agenda 03-18-2024
CC Regular Meeting Minutes – March 4, 2024, Page 4 of 5 Motion passed 5-0 as follows:

AYES: Gama, Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: None; ABSTAIN: None

CITY COUNCIL WORKSHOP

9. City Council Goals
Recommendation: Provide feedback and direction regarding City Council goals, with a focus on guidance related to strategic partnerships with City Partners (Goal 5).

City Manager Vega presented the report.

Public comments were provided in person by the following:
• Randall Thomas-Smalls
Discussion followed including but not limited to suggestions for partnerships with the Port of Hueneme-Oxnard Harbor District, City of Oxnard, Navy Base, School District, Ventura County Supervisor, and HOA Coalition.

City Manager Vega indicated, for future planning, a plan would be set to discuss the Committees at the first couple of meetings at the beginning of the year to discuss talking points for meetings throughout the year; that the Council Appointments and Committee list for 2025 would be updated to include Clean Power Alliance and Councilmember Hernandez’s position on the RDP (Regional Defense Partnership) Strategic Committee would also be added to the list.

City Manager Vega indicated staff will reach out to these different partners, put together a plan for the year and then come back to Council for guidance. City Manager Vega further indicated that these items would be brought back individually, one or two at a time, over the next couple of meetings.

There was Council consensus to move forward with the plan as indicated by City Manager Vega.

CITY MANAGER COMMENTS AND REPORTS
City Manager James Vega provided comments and reports regarding the following topics:
• Voting Information
• Small Business Administration Disaster Loan Outreach Program Update • Upcoming Council Meeting topics
City Manager Vega indicated an item would be brought back to Council regarding a discussion of the Bard monument.

COUNCILMEMBERS’ REPORTS AND COMMENTS
Council provided comments and reports regarding the following topics:

Councilmember Martinez:
• Upcoming REACH (Recreation, Education, Arts & Culture in Hueneme) Special Meeting • Upcoming Sister City Committee Meeting
• Basketball update
Councilmember Gama:
• Pedestrian safety
• Shout out to Camilo Garcia, student
Agenda Item No. 03 Page 4 of 5 CC Agenda 03-18-2024
CC Regular Meeting Minutes – March 4, 2024, Page 5 of 5 • Attended BEACON (Beach, Erosion, Authority for Clean Oceans and Nourishment) meeting
• Ventura County Animal Services
• Hueneme Beach cleanup and upcoming Surfriders and Coastal Keepers event Councilmember Hernandez:
• Thanked City Staff for the Run for Your Heart and Bubbling Springs Park groundbreaking events
• Attended VFW Memorial Service
• Add VFW to partnership list
• Attended Mural Committee and provided mural project update • Attending RDP planning meetings for Washington, D.C., trip • Upcoming anniversary of Pedro Valdez’ death – April 19th • Upcoming REACH Open House
Mayor Pro Tem McQueen-Legohn:
• Participating in meetings
• Upcoming RDP Washington, D.C., trip
• Upcoming Museum Governance Committee meeting
• Attended and presented at the First Robotics Competition Mayor Perez:
• Attended all meetings
• Chumash rendering, second phase of the Community Benefit Fund – mural or statue process

REQUEST FOR FUTURE AGENDA ITEMS
Councilmember Martinez:

1. Inquired about the turn signal on Hueneme Road and Ventura Road mentioned during public comment. City Manager Vega indicated he would follow up and then send an informational email to Council.

Councilmember Hernandez:

1. Requested an item be added to a future Council agenda regarding discussion of the placement of the Bard statue, seconded by Mayor Perez. Motion passed unanimously, 5-

0. ADJOURNMENT
The City Council adjourned at 8:32 p.m. to its next regular meeting scheduled for Monday, March 18, 2024, at 6:30 p.m.

Respectfully Submitted:

Georgianna Nicole Alvarez, MMC, CPMC
City Clerk
Approved this 18th day of March, 2024:
_________________________________
Misty Perez, Mayor
Agenda Item No. 03 Page 5 of 5 CC Agenda 03-18-2024

DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Lupe Acero, Finance Director
SUBJECT: REGISTER OF DISBURSEMENTS
RECOMMENDATION:

Receive and file the City’s Register of Disbursements for the period of February 27, 2024 through March 12, 2024.

BACKGROUND/ANALYSIS:

Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Finance Department staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual. The summary table below represents the Register of Disbursements as required by the Municipal Code § 2302 and included for the listed check dates. The disbursements are accounted for in the current budget.

Date Type of Payment Attachment Amount
March 2, 2024 A/P Checks 135415-135464 A $65,880.44
March 6, 2024 A/P Check 135465 B $2,184.92
March 8, 2024 A/P Checks 135466 -135489 C $172,566.36
March 8, 2024 Payroll Distribution D $365,407.04
TOTAL $606,038.76
FISCAL IMPACT:

This is an informational report only.

ATTACHMENTS:

A through D: Disbursement Registers
Agenda Item No. 04 Page 1 of 13 CC Agenda 03-18-2024
This Page Intentionally Left Blank
Agenda Item No. 04 Page 2 of 13 CC Agenda 03-18-2024
Disbursements for 3/2/2024 Attachment A
3/13/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount CHAPIN'S 302 WATER SUPPLIES-CONCRETE 301560-5523 Water Operations Fund
248732 03/02/2024 135415 255.19
FAMCON PIPE SUPPLY INC 337 WATER SUPPLIES-2 FIRE HYDRANTS 301560-5520 Water Operations Fund
20240125 S100119904.001 03/02/2024 135416 7,260.83
FGL ENVIRONMENTAL 339 BACTI/INORGANIC/MISC WATER QUALITY ANALYSIS PHWA
302561-5230 Water Plant
Operations Fund
20240014 401831A 03/02/2024 135417 52.00
FGL ENVIRONMENTAL 339 INORGANIC/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
20240014 401835A 03/02/2024 135417 30.00
FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS COPH 301560-5230 Water Operations Fund
20240012 402018A 03/02/2024 135417 125.00
HOME DEPOT CREDIT SERVICES 115 101780-5700 General Fund 2353225 03/02/2024 135418 1,060.76 LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.38
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 210780-5700 Grant Tracking Fund
13720 16085 03/02/2024 135419 160.42
MARIPOSA TREE MANAGEMENT, INC 5598 NOV'23 BUBBLING SPRINGS PARK TREE & STUMP

REMOVAL
210780-5700 Grant Tracking
Fund
20240128 3213 03/02/2024 135420 3,131.00
MARIPOSA TREE MANAGEMENT, INC 5598 NOV'23 BUBBLING SPRINGS PARK TREE & STUMP

REMOVAL
210780-5700 Grant Tracking
Fund
20240128 3213 03/02/2024 135420 3,131.00
Check No. 135415
Check Total: 255.19
Check No. 135416
Check Total: 7260.83
Check No. 135417
Check Total: 207.00
Check No. 135418
Check Total: 1060.76
Check No. 135419
Check Total: 1925.00
Check No. 135420
FM SUPPLIES-PD DISPATCH REMODELCEILING/ANGLES/ETC
Agenda Item No. 04 Page 3 of 13 CC Agenda 03-18-2024
Disbursements for 3/2/2024 Attachment A
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount MARIPOSA TREE MANAGEMENT, INC 5598 NOV'23 BUBBLING SPRINGS PARK TREE & STUMP

REMOVAL
210780-5700 Grant Tracking
Fund
20240128 3213 03/02/2024 135420 3,131.00
MARIPOSA TREE MANAGEMENT, INC 5598 NOV'23 BUBBLING SPRINGS PARK TREE & STUMP

REMOVAL
210780-5700 Grant Tracking
Fund
20240128 3213 03/02/2024 135420 3,131.00
MARIPOSA TREE MANAGEMENT, INC 5598 DEC'23 BUBBLING SPRINGS PARK TREE & STUMP

REMOVAL
210780-5700 Grant Tracking
Fund
20240128 3254 03/02/2024 135420 855.00
MARIPOSA TREE MANAGEMENT, INC 5598 DEC'23 BUBBLING SPRINGS PARK TREE & STUMP

REMOVAL
210780-5700 Grant Tracking
Fund
20240128 3254 03/02/2024 135420 855.00
PEREZ, JOSE 333 2/26/24 PD PATROL CAR WASHES 101441-5215 General Fund 02262024-PD 03/02/2024 135421 72.00 PORT HUENEME MARINE SUPPLY 407 WATER SUPPLIES-HARDWARE/GARDEN ADAPTER/BALL VALVE
301560-5520 Water Operations
Fund
029030/1 03/02/2024 135422 32.23
PORT HUENEME, CITY OF 168 23737-1031322 HYDRANT SET/REMOVAL FEE 301000-2408 Water Operations Fund
1322 02212024FB 03/02/2024 135423 900.00
PORT HUENEME, CITY OF 168 35201-1033178 ROLL OFF BIN DELIVERY FEE 301000-2408 Water Operations Fund
3178 02212024FB 03/02/2024 135423 51.76
Check Total: 47832.00
Check No. 135421
Check Total: 72.00
Check No. 135422
Check Total: 32.23
Check No. 135423
Agenda Item No. 04 Page 4 of 13 CC Agenda 03-18-2024
Disbursements for 3/2/2024 Attachment A
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount PORT HUENEME, CITY OF 168 40629-1033336 ROLL OFF BIN DELIVERY FEE 301000-2408 Water Operations Fund
3336 02212024FB 03/02/2024 135423 361.94
REFUND 99999 40591-1033352 CUSTOMER ACCOUNT CLOSED - ROLL

OFF BIN DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040591-
001033352
03/02/2024 135424 608.33
REFUND 99999 17117-1032766 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000017117-
001032766
03/02/2024 135425 64.46
REFUND 99999 30209-1022542 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000030209-
001022542
03/02/2024 135426 38.09
REFUND 99999 39033-1031812 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000039033-
001031812
03/02/2024 135427 153.27
REFUND 99999 32889-1023490 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000032889-
001023490
03/02/2024 135428 44.85
REFUND 99999 37463-1017348 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000037463-
001017348
03/02/2024 135429 66.54
REFUND 99999 32983-1020968 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000032983-
001020968
03/02/2024 135430 24.16
REFUND 99999 34987-1018128 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000034987-
001018128
03/02/2024 135431 58.62
REFUND 99999 38421-1021648 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000038421-
001021648
03/02/2024 135432 67.91
REFUND 99999 15143-1033286 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000015143-
001033286
03/02/2024 135433 359.95
REFUND 99999 27097-1016796 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000027097-
001016796
03/02/2024 135434 97.34
REFUND 99999 28163-1032758 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000028163-
001032758
03/02/2024 135435 82.88
Check Total: 1313.70
Check No. 135424
Check Total: 608.33
Check No. 135425
Check Total: 64.46
Check No. 135426
Check Total: 38.09
Check No. 135427
Check Total: 153.27
Check No. 135428
Check Total: 44.85
Check No. 135429
Check Total: 66.54
Check No. 135430
Check Total: 24.16
Check No. 135431
Check Total: 58.62
Check No. 135432
Check Total: 67.91
Check No. 135433
Check Total: 359.95
Check No. 135434
Check Total: 97.34
Check No. 135435
Agenda Item No. 04 Page 5 of 13 CC Agenda 03-18-2024
Disbursements for 3/2/2024 Attachment A
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount REFUND 99999 39879-1033468 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000039879-
001033468
03/02/2024 135436 17.17
REFUND 99999 40483-1032194 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040483-
001032194
03/02/2024 135437 91.57
REFUND 99999 40293-1017896 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040293-
001017896
03/02/2024 135438 107.19
REFUND 99999 36639-1026244 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000036639-
001026244
03/02/2024 135439 80.24
REFUND 99999 37869-1018792 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000037869-
001018792
03/02/2024 135440 60.36
REFUND 99999 5021-1024748 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000005021-
001024748
03/02/2024 135441 19.32
REFUND 99999 19707-1026190 FCUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000019707-
001026190
03/02/2024 135442 43.57
REFUND 99999 40505-1029466 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040505-
001029466
03/02/2024 135443 100.33
REFUND 99999 31727-1017518 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000031727-
001017518
03/02/2024 135444 83.36
REFUND 99999 40299-1028502 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040299-
001028502
03/02/2024 135445 72.13
REFUND 99999 39659-1017386 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000039659-
001017386
03/02/2024 135446 86.35
REFUND 99999 40481-1017046 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040481-
001017046
03/02/2024 135447 107.22
Check Total: 82.88
Check No. 135436
Check Total: 17.17
Check No. 135437
Check Total: 91.57
Check No. 135438
Check Total: 107.19
Check No. 135439
Check Total: 80.24
Check No. 135440
Check Total: 60.36
Check No. 135441
Check Total: 19.32
Check No. 135442
Check Total: 43.57
Check No. 135443
Check Total: 100.33
Check No. 135444
Check Total: 83.36
Check No. 135445
Check Total: 72.13
Check No. 135446
Check Total: 86.35
Check No. 135447
Check Total: 107.22
Agenda Item No. 04 Page 6 of 13 CC Agenda 03-18-2024
Disbursements for 3/2/2024 Attachment A
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount REFUND 99999 40569-1033316 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040569-
001033316
03/02/2024 135448 227.90
REFUND 99999 34989-1023626 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
00034989-
001023626
03/02/2024 135449 79.73
REFUND 99999 30035-1033478 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000030035-
001033478
03/02/2024 135450 64.34
REFUND 99999 22679-1033324 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000022679-
001033324
03/02/2024 135451 180.65
REFUND 99999 39969-1018110 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000039969-
001018110
03/02/2024 135452 119.62
REFUND 99999 40585-1033308 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040585-
001033308
03/02/2024 135453 126.17
REFUND 99999 40493-1017474 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000040493-
001017474
03/02/2024 135454 89.52
REFUND 99999 11841-1029896 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000011841-
001029896
03/02/2024 135455 127.18
REFUND 99999 12819-1021008 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000012819-
001021008
03/02/2024 135456 91.39
REFUND 99999 30291-1019244 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000030291-
001019244
03/02/2024 135457 51.97
REFUND 99999 30855-1033470 CUSTOMER ACCOUNT CLOSED -

WATER/SEWAGE/TRASH UTILITY DEPOSIT REFUND
301000-2408 Water Operations
Fund
000030855-
1033470
03/02/2024 135458 38.60
FRONTIER COMMUNICATIONS 4230 805-488-2633-040689-5 UTILITY BILL 101111-5300 General Fund 689-5 02072024 03/02/2024 135459 149.23 Check No. 135448
Check Total: 227.90
Check No. 135449
Check Total: 79.73
Check No. 135450
Check Total: 64.34
Check No. 135451
Check Total: 180.65
Check No. 135452
Check Total: 119.62
Check No. 135453
Check Total: 126.17
Check No. 135454
Check Total: 89.52
Check No. 135455
Check Total: 127.18
Check No. 135456
Check Total: 91.39
Check No. 135457
Check Total: 51.97
Check No. 135458
Check Total: 38.60
Check No. 135459
Check Total: 149.23
Check No. 135460
Agenda Item No. 04 Page 7 of 13 CC Agenda 03-18-2024
Disbursements for 3/2/2024 Attachment A
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount FRONTIER COMMUNICATIONS 4230 209-150-4426-011398-5 UTILITY BILL 302561-5300 Water Plant Operations Fund
398-5 02102024 03/02/2024 135460 111.17
FRONTIER COMMUNICATIONS 4230 209-151-1418-081081-5 UTILITY BILL 101555-5300 General Fund 081-5 02102024 03/02/2024 135461 43.23 FRONTIER COMMUNICATIONS 4230 805-488-2884-040888-5 UTILITY BILL 101111-5300 General Fund 888-5 02102024 03/02/2024 135462 125.77 FRONTIER COMMUNICATIONS 4230 209-063-8462-070302-5 UTILITY BILL 101441-5301 General Fund 302-5 02102024 03/02/2024 135463 111.17 FRONTIER COMMUNICATIONS 4230 209-188-1321-052200-5 UTILITY BILL 101111-5300 General Fund 200-5 02132024 03/02/2024 135464 1,648.88 Grand Total 65,880.44
Check No. 135463
Check Total: 111.17
Check No. 135464
Check Total: 1648.88
Check Total: 111.17
Check No. 135461
Check Total: 43.23
Check No. 135462
Check Total: 125.77
Agenda Item No. 04 Page 8 of 13 CC Agenda 03-18-2024
Disbursements for 3/6/2024 Attachment B
3/13/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount DIANE S HILL 5674 WELLS FARGO LOCKBOX MISAPPLIED
PAYMENT-DIANE HILL 34481-1018102
101000-2500 General Fund 03062024 HILL 03/06/2024 135465 2,184.92 Grand Total 2,184.92
Check No. 135465
Check Total: 2184.92
Agenda Item No. 04 Page 9 of 13 CC Agenda 03-18-2024
Disbursments for 3/8/2024 Attachment C
3/13/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ALL-PHASE ELECTRIC 10 STREETS SUPPLIES-HAKESPEARE VALMNT

FIBERGLASS POLE
101551-5524 General Fund 5665-1048325 03/08/2024 135466 4,513.73 BISHOP COMPANY 278 LANDSCAPE SUPPLIES-CORONA LEAF RAKE W/VINYL 101553-5520 General Fund INV-945218 03/08/2024 135467 206.52 CHAPIN'S 302 STREETS SUPPLIES-CONCRETE 3/4 YARD 204551-5601 Gas Tax Fund 248745 03/08/2024 135468 205.55 CITY OF OXNARD 2293 JAN'24 FIRELINE PORTION- 234633-252984 UTIL BILL 302561-5300 Water Plant Operations Fund
2984 02152024A 03/08/2024 135469 85.01
CITY OF OXNARD-TREASURER 3835 JANUARY 2024 REFUSE/RECYCLING DISPOSAL 304563-5233 Solid Waste Operations Fund
53216 03/08/2024 135470 105,651.48

DISPENSING TECHNOLOGY

CORPORATION
329 STREETS SUPPLIES-UPM COLD PATCH #3

SPRING/FALL MIX
204551-5524 Gas Tax Fund 16154 03/08/2024 135471 1,126.65 FAUSSET PRINTING 1865 CITATION PRINTING SERVICES 101440-5203 General Fund M230232 03/08/2024 135472 1,926.75 GRAINGER INC 345 LANDSCAPE SUPPLIES-HI-VIS PANTS/RAIN JACKET 101553-5510 General Fund 9008921349 03/08/2024 135473 312.08 GRAINGER INC 345 LANDSCAPE SUPPLIES-SAFETY GLASSES 101553-5510 General Fund 9027027367 03/08/2024 135473 131.82 HD SUPPLY FACILITIES MAINTENANCE 116 LANDSCAPE SUPPLIES-PLASTIC DRUM W/LID 55 GAL BLUE
101553-5520 General Fund 9223196879 03/08/2024 135474 2,233.51 HD SUPPLY FACILITIES MAINTENANCE 116 FM JANITORIAL SUPPLIES-DISINFECTANT/BRUSH 101780-5520 General Fund 9223489529 03/08/2024 135474 140.39 LAUTERBACH & ASSOCIATES INC 372 JANUARY 2024 ENGINEERING CONSULTING SERVICES 101780-5700 General Fund 18540 16089 03/08/2024 135475 1,137.50 LEDDY POWER SYSTEMS, INC 3956 PW GENERATOR LOAD BANK SERVICE MAINT 101780-5212 General Fund 2877 03/08/2024 135476 1,470.50 LEDDY POWER SYSTEMS, INC 3956 PD GENERATOR LOAD BANK SERVICE MAINT 101780-5212 General Fund 2879 03/08/2024 135476 1,470.50 LINCOLN NATIONAL LIFE INSURANCE CO 2567 MARCH 2024 INSURANCE PREMIUMS 501000-2243 Payroll Clearing Fund
4010 0221024A 03/08/2024 135477 7,858.92
Check No. 135475
Check Total: 1137.50
Check No. 135476
Check Total: 2941.00
Check No. 135477
Check No. 135472
Check Total: 1926.75
Check No. 135473
Check Total: 443.90
Check No. 135474
Check Total: 2373.90
Check No. 135469
Check Total: 85.01
Check No. 135470
Check Total: 105651.48
Check No. 135471
Check Total: 1126.65
Check No. 135466
Check Total: 4513.73
Check No. 135467
Check Total: 206.52
Check No. 135468
Check Total: 205.55
Agenda Item No. 04 Page 10 of 13 CC Agenda 03-18-2024
Disbursments for 3/8/2024 Attachment C
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount LINCOLN NATIONAL LIFE INSURANCE CO 2567 MARCH 2024 VOLUNTARY 501000-2252 Payroll Clearing Fund
4010 02212024B 03/08/2024 135477 3,453.35
MICHAEL A. PARKER 5111 2/24/24 5K RACE COMM EVENT SCREENPRINTED

SHIRTS SV
101671-5204 General Fund 10249 03/08/2024 135478 2,519.57 MICHAEL A. PARKER 5111 2/24/24 5K RACE COMM EVENT SCREENPRINTED

SHIRTS SV
101671-5204 General Fund 10290 03/08/2024 135478 2,772.84 MILNER-VILLA CONSULTING 3036 JAN'24 PROFESSIONAL CONSULTING SERVICES 302561-5204 Water Plant Operations Fund
20240039 2023-PHWAOS-005 03/08/2024 135479 4,705.00
PEREZ, JOSE 333 2/23/24 PD ADMIN & PATROL CAR WASHES 101441-5215 General Fund 02232024-PD 03/08/2024 135480 189.00 PEREZ, JOSE 333 2/26/24 CD CAR WASHES-CODE ENF/PRK ENF/CITY ADM
101554-5215 General Fund 02262024-CD 03/08/2024 135480 15.00 PEREZ, JOSE 333 2/26/24 CD CAR WASHES-CODE ENF/PRK ENF/CITY ADM
101554-5215 General Fund 02262024-CD 03/08/2024 135480 15.00 PEREZ, JOSE 333 2/26/24 CD CAR WASHES-CODE ENF/PRK ENF/CITY ADM
101554-5215 General Fund 02262024-CD 03/08/2024 135480 15.00 PEREZ, JOSE 333 2/26/24 CD CAR WASHES-CODE ENF/PRK ENF/CITY ADM
101554-5215 General Fund 02262024-CD 03/08/2024 135480 12.00 RINCON CONSULTANTS, INC. 2153 GENERAL PLAN UPDATE SERVICES 1/1/24-1/31/24 101330-5204 General Fund 20240094 54397 03/08/2024 135481 13,445.50 SOUTHERN CALIFORNIA GAS CO 96 158 414 8348 8 UTILITY BILL 213781-5300 Housing Successor Agency Fund
8348 8 02132024 03/08/2024 135482 73.93
SOUTHERN CALIFORNIA GAS CO 96 066 014 8579 7 UTILITY BILL 213781-5300 Housing Successor Agency Fund
8579 7 02132024 03/08/2024 135482 11.52
SOUTHERN CALIFORNIA EDISON 177 700178143170 UTIL BILL 213781-5300 Housing Successor Agency Fund
3170 02122024 03/08/2024 135483 35.18

SOUTHERN CALIFORNIA PERMANENTE

MEDICAL GROUP
4944 1/16/24-2/12/24 PRE-EMPLOYMENT EXAMS 101115-5204 General Fund 1000465390 03/08/2024 135484 1,514.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT -802 Morning Mist Lane 101780-5401 General Fund 0301 03012024 03/08/2024 135485 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-303 Harbor Breeze Dr 101780-5401 General Fund 0401 03012024A 03/08/2024 135485 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-803 Morning Mist Ln 101780-5401 General Fund 0401 03012024B 03/08/2024 135485 449.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-304 Harbor Breeze Dr 101780-5401 General Fund 0501 03012024 03/08/2024 135485 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-322 Harbor Breeze Dr 101780-5401 General Fund 2301 03012024 03/08/2024 135485 399.00 Check No. 135484
Check Total: 1514.00
Check No. 135485
Check No. 135481
Check Total: 13445.50
Check No. 135482
Check Total: 85.45
Check No. 135483
Check Total: 35.18
Check No. 135478
Check Total: 5292.41
Check No. 135479
Check Total: 4705.00
Check No. 135480
Check Total: 246.00
Check Total: 11312.27
Agenda Item No. 04 Page 11 of 13 CC Agenda 03-18-2024
Disbursments for 3/8/2024 Attachment C
3/13/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-323 Harbor Breeze Dr 101780-5401 General Fund 2401 03012024A 03/08/2024 135485 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-775 Ocean Breeze Dr 101780-5401 General Fund 2401 03012024B 03/08/2024 135485 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-776 Ocean Breeze Dr 101780-5401 General Fund 2501 03012024 03/08/2024 135485 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MARCH 2024 HOA PAYMENT-332 Harbor Breeze Dr 101780-5401 General Fund 3101 03012024 03/08/2024 135485 449.00 UNDERGROUND SERVICE ALERT 450 FEBRUARY 2024 TICKETS/PASSES 301560-5204 Water Operations Fund
220240541 03/08/2024 135486 68.00
UNDERGROUND SERVICE ALERT 450 FEBRUARY 2024 TICKETS/PASSES 303562-5204 Wastewater Operations Fund
220240541 03/08/2024 135486 68.00
VENCO POWER SWEEPING, INC 454 FEBRUARY 2024 STREET SWEEPING SERVICES 304563-5213 Solid Waste Operations Fund
20240016 73286VS 03/08/2024 135487 9,952.32
WESTERN EXTERMINATOR CO 211 PEST CONTROL MAINTENANCE-PW-700 E PORT

HUENEME RD
101780-5212 General Fund 57410546 03/08/2024 135488 121.74 YOUNG, DUNCAN 5233 FEBRUARY 2024 CARTWHEEL-A-GO-GO RECREATION CLASS
101000-2214 General Fund 022924 03/08/2024 135489 1,417.50 Grand Total 172,566.36
Check No. 135487
Check Total: 9952.32
Check No. 135488
Check Total: 121.74
Check No. 135489
Check Total: 1417.50
Check Total: 3691.00
Check No. 135486
Check Total: 136.00
Agenda Item No. 04 Page 12 of 13 CC Agenda 03-18-2024

CITY OF PORT HUENEME

PAYROLL CASH DISBURSEMENT FOR
MARCH 8, 2023

ATTACHMENT D

SALARY DISTRIBUTIONS
PAYROLL DIRECT DEPOSIT TOTALS: 349,421.64
PAYROLL CHECK REGISTER: 15,985.40 365,407.04
TOTAL DISBURSEMENT: 365,407.04
Agenda Item No. 04 Page 13 of 13 CC Agenda 03-18-2024
DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Jason Johnson, Recreation and Ocean Safety Supervisor
SUBJECT: APPROVAL OF CO-SPONSORSHIP OF HUENEME ELEMENTARY

SCHOOL DISTRICT PICKLEBALL TOURNAMENT AT MORANDA PARK
RECOMMENDATION:

It is recommended that City Council approve the co-sponsorship of Hueneme Elementary School District’s Pickleball Tournament at Moranda Park on May 18 from 1:00 to 4:30 p.m., by allowing the reservation of courts at Moranda Park and waiver of fees.

BACKGROUND/ANALYSIS:

Hueneme Elementary School District (HESD) is seeking to host a pickleball tournament at Moranda Park on May 18. HESD operates the SHINE Expanded Learning Day program to provide after school education and activities to children ages 8 and under.

Students in this program have been learning pickleball and HESD is seeking the use of courts to allow for student competition. The tournament which would be held from 1:00 – 4:30 p.m. is anticipated to have approximately 40-50 participants.

The City’s Pickleball Court reservation policy strikes a balance between the need to maintain open court hours and accommodate the desire for court reservations. As part of that policy, individuals and groups may reserve a maximum of 2 courts unless the event or program is co-sponsored by the City. If the City Council approves a cosponsorship, the applicant will work with City staff to acquire the necessary permit for the event.

FISCAL IMPACT:

This item does not require an expenditure of funds. As part of the co-sponsorship, court rental fees of $84.00 would be waived.

Agenda Item No. 05 Page 1 of 2 CC Agenda 03-18-2024
Pickleball Tourney Co-Sponsorship
March 18, 2024

Page 2 ends

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Optimal Levels of Service for Residents and Businesses
• Support and establish programs and events that created a strong sense of community pride and a connection to our history and heritage ATTACHMENTS:

None.

Agenda Item No. 05 Page 2 of 2 CC Agenda 03-18-2024
DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Gabby Basua, Housing and Facilities Director
SUBJECT: AWARD OF CONTRACT FOR NATIVE AMERICAN MONITORING

SERVICES FOR THE BUBBLING SPRINGS PARK RENEWAL PROJECT
RECOMMENDATION:

It is recommended that City Council authorize the City Manager to execute a one (1) year agreement, not to exceed $74,000.00, approved as to form by the City Attorney, with Spirit In The Wind Services for Native American Monitoring for The Bubbling Springs Renewal Project.

BACKGROUND/ANALYSIS:

At its February 20, 2024 City Council meeting the City Council approved the authorization to Issue a Request for Qualifications (RFQ) for Native American Monitoring for The Bubbling Springs Renewal Project.

The Request for Qualifications was posted on Beacon Bid on February 21, 2024, with a response to the RFQ due no later than 2:00 pm on Monday, March 11, 2024.

On March 11th the City received one proposal for Native American Monitoring for the Bubbling Springs Park Renewal Project. The results of the RFQ is as such:

Company Responsive/Non-Responsive Proposed Cost
Spirit In The Wind Responsive $74,000.00
Per the Mitigated Negative Declaration (MND) the City shall contract with a Native American monitor to be present during all subsurface grading, trenching or construction activities of the Bubbling Springs Renewal Project. The monitor will be responsible for providing reports to the City Community Development Department summarizing the activities during the construction period.

After a thorough evaluation of the proposed proposal from Spirit In The Wind, staff is recommending that City Council authorize the City Manager to enter into a one (1) year Agenda Item No. 06 Page 1 of 39 CC Agenda 03-18-2024
Native American Monitoring
Tuesday, March 18, 2024

Page 2 ends

agreement, not to exceed $74,000.00, with Spirit In The Wind for Native American Monitoring for the Bubbling Springs Park Renewal project.

FISCAL IMPACT:

Sufficient funds are available in Account No. 101-780-5700.

STRATEGIC PLAN:

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
ATTACHMENTS:

A. Native American Monitoring RFQ
B. Spirit In The Wind Proposal
C. Sample Contract
Agenda Item No. 06 Page 2 of 39 CC Agenda 03-18-2024
FEBRUARY 20, 2024

CITY OF PORT HUENEME
Housing and Facilities Department

REQUEST FOR QUALIFICATIONS

TO PROVIDE ON-CALL

NATIVE AMERICAN MONITORING SERVICES

FOR THE

BUBBLING SPRINGS PARK RENOVATIONS PROJECT
DEADLINE TO SUBMIT:
2:00 P.M., MONDAY, MARCH 11, 2024
Attachment A
Agenda Item No. 06 Page 3 of 39 CC Agenda 03-18-2024
The city wishes to retain the services for Native American Monitoring Firm for the Bubbling Springs Renewal Project. The city intends to enter into an agreement with the lowest responsible bidder.

SUBMISSION DEADLINE
In order for your proposal to be considered, this office must receive your proposal no later than 2:00 p.m. on March 11, 2024 as determined by www.time.gov.

SCOPE OF SERVICES
Prospective firms should have significant experience, expertise, and familiarity in working with public agencies. In addition to specific services identified in this RFQ, it is the intent of the City that the selected firm will provide additional related support, as needed, based on an approved schedule of hourly rates or prior negotiated project specific fees.

A. NATIVE AMERICAN MONITORING SERVICES (CR-2)
As per the Mitigated Negative Declaration, Native American Monitoring services for Capital Improvement Projects and other Citywide projects including but not limited to:
• As needed monitoring of all subsurface grading, trenching, or construction activities on the project site.
• When onsite, provide weekly reports to the City of Port Hueneme summarizing the activities during the reporting period.

B. CONTACT SECRETARY OF THE INTERIOR’S PROFESSIONAL QUALIFICATIONS STANDARDS FOR ARCHAELOGY (CR-1)
As per the Mitigated Negative Declaration, the contract awardee is to aid with Capital Improvement Projects and other Citywide projects including but not limited to:
• Assist contacting Secretary of the Interior’s Professional Qualifications Standards for Archaeology in the event cultural resources are encountered during ground-disturbing activities.

PROPOSAL REQUIREMENTS

1. Background: Provide a description of your firm's background and projectqualifications.

2. Firm's Experience: Provide a list of similar projects and clients that your firm has completed work for in the past 5 years.

3. Project Understanding: Provide a brief statement of your firm's project understanding and a list of the project's critical element(s).

4. Provide a fee schedule for all staff positions to complete the proposal services.

The proposal must be signed by a company officer empowered to bind the Proposer to the provisions of this RFQ and any contract awarded pursuant to it.

Each proposal should be limited to no more than 20 pages per scope, including resumes.

SUBMISSION PROCESS

1. First, go online, and read through and/or download the scopes of services.

2. Review City agreement to ensure your firm will sign “as to form.”

3. Review insurance forms to ensure your firm can meet the insurancerequirements.

4. Create a single proposal addressing all of the subject matters you wish to submit on.

5. Submit your proposal to the City of Port Hueneme, Office of the City Clerk; 250 N Ventura Rd, Port Hueneme, CA 93041 by 2:00 PM PST as determined by www.time.gov on Monday, March 11, 2024 Three copies shall be submitted in a sealed envelope and must have the following information on the outside:

City of Port Hueneme
Office of the City Clerk
250 N Ventura Rd
Port Hueneme, CA 93041
RFQ – Native American Monitoring Services
Attn: Gabby Basua
Proposer: (Name and Address)

DO NOT OPEN WITH REGULAR MAIL

6. Following receipt of the proposals, notifications will be given to each participant as to the status of their proposal. A selection committee may conduct interviews with only those consultants whose qualifications are most desirable for this project.

Encl. on website:

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1. Insurance Requirements (Exhibit D of Agreement)
Proposals must be in writing and must contain an original signature by an authorized officer of the proposing consulting company. Proposals cannot be modified or corrected after being opened. Late proposals will not be accepted for any reason and will be returned unopened, regardless of postmark. Prospective proposers assume the risk of delay in the delivery of the mail by the U.S. Postal Service. FACSIMILE (FAXED) OR EMAILED PROPOSALS

WILL NOT BE ACCEPTED AND SHALL NOT BE CONSIDERED FOR EVALUATION OR AWARD. Proposals will not be valid until all information has been verified and proposing consulting company’s references checked. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. The proposal may be withdrawn upon request by the proposing consulting company without prejudice up to, but not after, the time fixed for opening of proposals, provided that the request to withdraw the proposal is made in writing and is timely filed with the City. Proposals shall be submitted in accordance with the form prescribed by the City of Port Hueneme in the requirements and specifications section below. Failure to respond in this manner may render the proposal non-responsive.

Questions Regarding the Scope of Services
All inquiries regarding this Request for qualifications should be directed to Gabby Basua, Housing and Facilities Director, in writing or via email at: [email protected].

No verbal responses will be given. A copy of the inquiry and the response from the City shall be forwarded to all firms receiving a copy of this Request for qualifications.

Proposals Become the Property of the City
Proposals become the property of City and information contained therein shall become public property subject to disclosure laws after Notice of Intent to Award. The City reserves the right to make use of any information or ideas contained in the proposal.

Confidential Material
Proposer must notify the City in advance of any proprietary or confidential material contained in the proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order which proposer may obtain.

Rejection of Proposals
Proposals referring to terms and conditions other than the City’s terms and conditions may be rejected as being non-responsive. The City may conduct investigations as it deems necessary to determine the ability of the proposer to perform the work specified herein. The proposer shall furnish to the City any and all information requested by the City for this purpose. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the contract and to complete the work specified.

Conditions

1. Failure to meet all requirements will not disqualify a firm. However, the City will evaluate each proposal to determine its overall fit in the best interests of the City.

2. All third-party solutions proposed as part of a joint proposal are subject to the same requirements of this RFQ, unless otherwise stated.

3. This RFQ, its general provisions, and the terms and conditions identified shall be Agenda Item No. 06 Page 6 of 39 CC Agenda 03-18-2024
incorporated in any agreement resulting from this solicitation, and the RFQ and its terms and conditions, shall control unless the Agreement expressly provides otherwise.

4. All proposals and any subsequent clarification or response to the City’s questions shall be valid for a minimum of 120 days.

City’s Rights Reserved

1. The City reserves the right to select the proposal which in its sole judgment best meets the needs of the City. The lowest proposed cost will not be the sole criterion for recommending the contract award.

2. The City reserves the right to reject any or all proposals and to waive technicalities and informalities when such waiver is determined by the City to be in the City’s best interest.

3. The City may modify this RFQ by issuance of one or more written addenda. Addenda will be posted on http://www.ci.port-hueneme.ca.us and sent electronically to all proposers registered with the City. The City reserves the right to extend the proposal due date.

4. The City reserves the right to meet with select proposers at any time to gather additional information.

5. The City shall not be liable for any pre-contractual expenses incurred by prospective consulting companies, including but not limited to costs incurred in the preparation or submission of proposals. The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFQ.

SELECTION CRITERIA AND EVALUATION OFPROPOSALS
Your proposal will be evaluated in accordance with your responses to the Proposal Requirements. Proposals will be evaluated for specificity, completeness, relevant experience and qualifications of personnel. A selection committee comprised of City staff will evaluate the proposals received.

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Agreement No.

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

THE CITY OF PORT HUENEME
AND
-YEAR ONCALL SERVICES

SERVICES
This AGREEMENT is entered i n t o this day of , 20 , by and between the CITY OF PORT HUENEME, a charter city and municipal corporation (“CITY”) and (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT’s services not to exceed sum(s) as set forth in duly executed Task Order(s). CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “A,” which is incorporated herein.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “B,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit B.

B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit C.

C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.

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D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, Agenda Item No. 06 Page 9 of 39 CC Agenda 03-18-2024

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administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PAYMENTS.

A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.

B. For services involving the preparation of plans and specifications, payment to CONSULTANT, as provided herein, will not exceed ninety percent (90%) of the total amount for the specific Task Order before completing the plans and specifications. The final 10% will be paid within 45 days after CITY accepts the plans and specifications, as determined by the City Engineer.

C. The maximum not-to-exceed amount for any individual Task Order will belimited to $ .

D. CITY’s city manager may make payments up to $ forspecial items of work not included in the project scope of work and services as set forth in the Task Order.

Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.

4. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has i. Carefully investigated and considered the scope of servicesto be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

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B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder.

Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

5. TERM.

A. The term of this Agreement will be for a period of ( ) years beginning on the date of this Agreement, except that the term will be extended to thecompletion date of any Task Order in effect at the end of the term of this Agreement.

B. The term of this Agreement and any Task Order may be extended as determined by the City Engineer or by written amendment to the Agreement or any Task Order.

C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.

D. When services are requested by CITY, CONSULTANT will commence the requested services within a three-week notice period at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 13.

6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:

A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement; and
B. CITY gives CONSULTANT a written notice to proceed.

C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Engineer within fortyeight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The City Engineer will extend the completion date, when appropriate, for the completion of the contracted services.

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8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, or in any duly executed Task Order, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

10. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

11. PROJECT COORDINATION AND SUPERVISION.

A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by .

B. A specific individual employed by CONSULTANT, and approved by the City Engineer, will be assigned as Project Manager for each specific project defined in the Task Orders. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY’s Project Manager.

C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment as set forth in the Task Order, for any reason, he/she will be replaced by another qualified person approved by the City Engineer.

12. 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.

13. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement, or any individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.

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B. CONSULTANT may terminate this Agreement, or any individual Task Order, at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) 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 party received notice of breach, the non-breaching party may terminate this Agreement.

15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property.

CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.

16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

17. INDEMNIFICATION.

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costs (including reasonable attorney’s fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to bemaintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in whichis it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities.

CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

21. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO-CGL Form number. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

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evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.

22. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The subcontractor for any specific project scopes of work and services will be listed in the Task Order.

23. INCIDENTAL TASKS. When required by any Task Order, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
Housing & Facilities Director Spirit in the Wind
City of Port Hueneme
Fax: Fax:

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will 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 paragraph. This section does not apply to day-to-day communications between CITY’s and CONSULTANT’s project managers.

25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

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26. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.

27. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.

28. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are ( ) Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

29. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.

30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

31. 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.

32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessaryaction has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by Agenda Item No. 06 Page 17 of 39 CC Agenda 03-18-2024

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facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

34. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

36. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

38. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
[Signatures on next page]
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF PORT HUENEME
City Manager
ATTEST:

Taxpayer ID No.
,
City Clerk
APPROVED AS TO FORM:
, City Attorney
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Exhibit A – Insurance Requirements 1 of 5 (Insert Contract No.) EXHIBIT A – INSURANCE REQUIREMENTS
BLANKET CONTRACT NO. (INSERT NO. ASSIGNED BY PW)

1. General Requirements
• Unless otherwise requested by the City, Certificates of Insurance and endorsements may be faxed to (805) 986-6565, provided that the originals are forwarded to the City within 5 days of acceptance. • When requested by the City, deliver one original Certificate of Insurance and one original of each endorsement, each with wet signatures (stamped signatures will not be accepted), to the hands of the City within 5 days of request.
• When requested by the City, deliver one certified (wet signature) copy of each insurance policy (including Declarations page) to the hands of the City within 30 days of request. • Policies shall be issued by responsible insurance carriers admitted to transact insurance in California as set forth in the California Insurance Code and as evidenced by the insurer’s possession of a valid Certificate of Authority issued by the California Department of Insurance.

With the exception of Workers’ Compensation Insurance, the insurance company shall have an A.M.

Best rating of A- or higher and a Financial Class VII or higher, or shall have an equivalent rating established by another recognized rating entity.
• The following evidence of compliance shall accompany certificates of insurance and policy endorsements:
➢ A California Admitted Surety website printout to its specified dollar limitation; and ➢ Evidence of the A.M. Best rating or equivalent.
• Exception: At the City’s sole discretion, insurance from a non-admitted carrier may be accepted provided that Contractor has made all reasonable attempts to secure insurance from an admitted carrier, and provided that the non-admitted carrier shall have an A.M. Best rating of A- or higher and a Financial Class X or higher.

2. Scope of Insurance
Coverage shall be at least as broad as:
• Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01); • Insurance Services Office form number CA 00 01 covering Automobile Liability, Code 1 (Any Auto); and
• Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

3. Insurance Limits
Coverage and minimum liability limits shall be as follows:

Commercial General Liability (Occurrence Basis)
General Aggregate $ 2,000,000
Bodily Injury $ 1,000,000
Aggregate Products/Completed Operations $ 1,000,000
Property Damage $ 1,000,000
Automobile Liability – Any Auto (Code 1)
Combined Single Limit $ 1,000,000
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Exhibit A – Insurance Requirements 2 of 5 (Insert Contract No.) Worker’s Compensation and Employers Liability
Statutory Coverage Requirements
Bodily Injury per Accident per Employee $1,000,000
Bodily Injury per Disease per Employee $1,000,000
Policy Limit by Disease $1,000,000
Note: If Contractor owns no vehicles, the auto liability requirement may be satisfied by a nonowned auto endorsement to the general liability policy.

If Contractor or Contractor’s employees will use personal autos in any way in the performance of this Contract, then Contractor shall provide evidence of personal auto liability coverage for each such person.

4. Deductibles and Self-Insured Retention
When requested by the City, deductibles or self-insured retentions shall be declared. The City shall have the right to require the insurer to reduce or eliminate such deductibles or self-insured retention as respects operations for the City; or require the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

5. Certificates of Insurance
• The Certificate Holder is:

Attn: Gabby Basua Housing &
Facilities Director
City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
• Certificates of Insurance shall reflect that the insurer will provide 30-day notice of any cancellation of coverage (10-day notice for non-payment of premium).

Certificates shall be modified to delete all exculpatory wording to the effect that “failure of the insurer to mail written notice of cancellation imposes no obligation.” Certificates shall be modified to delete the words “endeavor to” with regard to the notice provisions.

6. General Requirements for All Endorsements
• Blanket endorsements are not satisfactory to the City and will not be accepted. • Endorsements that have the endorsement wording written into the policy are not satisfactory to the City and will not be accepted.
• Provide endorsements on the forms indicated. Endorsement coverage provided must be at least as broad as the coverage specified in these Insurance Requirements. Exclude all limiting language.

Agenda Item No. 06 Page 21 of 39 CC Agenda 03-18-2024
Exhibit A – Insurance Requirements 3 of 5 (Insert Contract No.)

7. General Liability Insurance Endorsements
• The policy number shall appear on all endorsements.
• The City prefers that endorsements be written on form CG 20 10 11 85 or 88. Endorsements may be written on form CG 20 10 10 01 or on form CG 20 33 10 01 or on another specific insurance company form acceptable to the City, provided that they are accompanied by a form CG 20 37 10 01. Policies that include endorsement forms CG 22 94 10 01 and/or CG 22 95 10 01 are not satisfactory to the City and will not be accepted.
• The following General Liability Insurance endorsements shall be provided:

Additional Insureds: Person(s) or Organization: The City of Port Hueneme, its officers, agents and employees
Description of Operations: All operations by, or on behalf of the Named Insured, as respects work performed for the City
of Port Hueneme
(Note: Coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.)
Severability of Interest: Such insurance afforded by this policy for the benefit of the Additional Insureds shall apply as if each of the Additional Insureds were the only insured, and shall apply separately to each Additional Insured against whom claim is made or suit is brought.

Primary Insurance: Such insurance afforded by this policy for the benefit of the Additional Insureds shall be primary as respects each of the Additional Insureds, or if excess/umbrella, shall stand in an unbroken chain of coverage excess of the Named Insured’s underlying primary coverage. In either event, insurance or self-insurance maintained by each of the Additional Insureds shall be in excess of the insurance afforded by this policy and shall not be called upon to contribute with it.

Waiver of Subrogation: We waive any right of recovery we may have against the person(s) or organization named in the Schedule because of any payments we make for injury or damage arising out of operations by, or on behalf of the Named Insured, as respects work performed for the City of Port Hueneme.

Notice of Cancellation: Should this policy be cancelled prior to its normal expiration, we will give 30 days advance notice, certified mail return receipt requested, to the Certificate Holder named below. Should this policy not be renewed, we will give 10 days advance notice, certified mail return receipt requested, to the Certificate Holder named below.

Failure to comply with this Notice of Cancellation clause will not affect the coverage provided to the person(s) or organization named in the above Schedule.

Certificate Holder: Attention: Gabby Basua Housing & Facilities Director City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
Agenda Item No. 06 Page 22 of 39 CC Agenda 03-18-2024
Exhibit A – Insurance Requirements 4 of 5 (Insert Contract No.)

8. Automobile Liability Insurance Endorsements
• The policy number shall appear on all endorsements
• Endorsements shall be written on form CA 99 09 08 95, form CA 00 01 01 87, form CA 00 01 06 92 or other specific insurance company form acceptable to the City. • The following Automobile Liability endorsements shall be provided:

Additional Insureds: Person(s) or Organization: The City of Port Hueneme, its officers, agents and employees.

Description of Operations: Conduct of the Additional Insureds or that may be imputed to the Additional Insureds, as
respects automobiles owned, leased, hired or
borrowed by or on behalf of the Named Insured.
(Note: Coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.)
Severability of Interest: Such insurance afforded by this policy for the benefit of the Additional Insureds shall apply as if each of the Additional Insureds were the only insured, and shall apply separately to each Additional Insured against whom claim is made or suit is brought.

Failure to comply with this Notice of Cancellation clause will not affect the coverage provided to the person(s) or organization named in the above Schedule.

Certificate Holder: Attention: Gabby Basua Housing & Facilities Director City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
Agenda Item No. 06 Page 23 of 39 CC Agenda 03-18-2024
Exhibit A – Insurance Requirements 5 of 5 (Insert Contract No.)

9. Endorsements - Workers’ Compensation Insurance
• The policy number shall appear on all endorsements.
• Endorsements may be written on an industry standard form or other specific insurance company form acceptable to the City. Certificates of Insurance issued by the State Compensation Insurance Fund must have State Fund Endorsements 0015, 2065, and 2570 on them. • The following Workers’ Compensation Insurance endorsements shall be provided:

Schedule: Person(s) or Organization: The City of Port Hueneme, its officers, agents and employees.

Description of Operations: All operations of the Named Insured as respects work performed for the City of Port Hueneme
Waiver of Subrogation: We waive any right of recovery we may have against the person(s) or organization named in the Schedule because of any payments we make for injury or damage arising out of operations by, or on behalf of the Named Insured, as respects work performed for the City of Port Hueneme.

Failure to comply with this Notice of Cancellation clause will not affect the coverage provided to the person(s) or organization named in the above Schedule.

Certificate Holder Attention: Gabby Basua Housing & Facilities Director City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
Agenda Item No. 06 Page 24 of 39 CC Agenda 03-18-2024
Attachment B
Agenda Item No. 06 Page 25 of 39 CC Agenda 03-18-2024
Agenda Item No. 06 Page 26 of 39 CC Agenda 03-18-2024
Agenda Item No. 06 Page 27 of 39 CC Agenda 03-18-2024
Agenda Item No. 06 Page 28 of 39 CC Agenda 03-18-2024
Agreement No. _________

Page 1 of 10 ends

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

THE CITY OF PORT HUENEME
AND
______________________
_______-YEAR ONCALL SERVICES
_____________ SERVICES
This AGREEMENT is entered into this _____ day of ____, 20__, by and between the CITY OF PORT HUENEME, a charter city and municipal corporation (“CITY”) and __________________ (“CONSULTANT”).

1. CONSIDERATION.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform ______ services listed in the attached Exhibit “B,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit B.

D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, Attachment C
Agenda Item No. 06 Page 29 of 39 CC Agenda 03-18-2024

Page 2 of 11 ends

3. PAYMENTS.

C. The maximum not-to-exceed amount for any individual Task Order will be limited to $___________.

D. CITY’s city manager may make payments up to $_______ for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.

4. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

Agenda Item No. 06 Page 30 of 39 CC Agenda 03-18-2024

Page 3 of 11 ends

5. TERM.

A. The term of this Agreement will be for a period of _____ (__) years beginning on the date of this Agreement, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.

B. The term of this Agreement and any Task Order may be extended as determined by the City Engineer or by written amendment to the Agreement or any Task Order.

C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.

6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:

A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement; and
B. CITY gives CONSULTANT a written notice to proceed.

C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Engineer within fortyeight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay Agenda Item No. 06 Page 31 of 39 CC Agenda 03-18-2024

Page 4 of 11 ends

interferes with the Agreement’s schedule. The City Engineer will extend the completion date, when appropriate, for the completion of the contracted services.

9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

11. PROJECT COORDINATION AND SUPERVISION.

A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by ______________________.

13. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement, or any Agenda Item No. 06 Page 32 of 39 CC Agenda 03-18-2024

Page 5 of 11 ends

individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.

D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.

17. INDEMNIFICATION.

Agenda Item No. 06 Page 33 of 39 CC Agenda 03-18-2024

Page 6 of 11 ends

A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify, including, without limitation, CITY’s defense costs (including reasonable attorney’s fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that Agenda Item No. 06 Page 34 of 39 CC Agenda 03-18-2024

Page 7 of 11 ends

may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

21. INSURANCE.

Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising Agenda Item No. 06 Page 35 of 39 CC Agenda 03-18-2024

Page 8 of 11 ends

out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.

24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
City Engineer
City of Port Hueneme
Fax: Fax:

Page 9 of 11 ends

to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

28. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are ____ (____) Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.

Page 10 of 11 ends

engage in the actions described herein. This Agreement may be modified by written amendment.

CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

Page 11 of 11 ends

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF PORT HUENEME
_________________________________ ____________________________ Robert Hunt,
City Manager
ATTEST:
_____________________________ Taxpayer ID No. _______________ __________,
City Clerk
APPROVED AS TO FORM:
_________________________________
Mark D. Hensley, City Attorney
Agenda Item No. 06 Page 39 of 39 CC Agenda 03-18-2024
DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Gabby Basua, Housing and Facilities Director
SUBJECT: AWARD OF CONTRACT FOR GEOTECHNICAL SERVICES FOR THE

BUBBLING SPRINGS PARK RENEWAL PROJECT
RECOMMENDATION:

It is recommended that City Council authorize the City Manager to execute an agreement, approved as to form by the City Attorney, with GeoLabs-Westlake Village for Geotechnical Services for The Bubbling Springs Renewal Project.

BACKGROUND/ANALYSIS:

At its February 20, 2024 meeting, the City Council approved the authorization to Issue a Request for Proposals (RFP) for Geotechnical Services for The Bubbling Springs Renewal Project.

The RFP was posted on Beacon Bid on February 21, 2024, with a response to the RFP due no later than 4:00 pm on Monday, March 4, 2024.

On March 4th the City received four proposals for Geotechnical Support Services for the Bubbling Springs Park Renewal Project. Of the four (4) proposals received three (3) were not responsive and one (1) was responsive. The results of the RFQ/RFP are as such; Company Responsive/Non-Responsive Proposed Cost
1 GeoLabs-Westlake Village Responsive $224,000.00
2 UES Non-Responsive No Cost Provided
3 Twining Non-Responsive No Cost Provided
4 NV5 Non-Responsive No Cost Provided
The Geotechnical Services to be secured through the RFP will provide geotechnical observations, recommendations and testing to ensure that the earthwork and concrete work is performed in accordance with project plans and soils recommendation report.

Agenda Item No. 07 Page 1 of 54 CC Agenda 03-18-2024
Geotechnical Services
Tuesday, March 18, 2024

Page 2 ends

After a thorough evaluation of the proposed proposal from GeoLabs-Westlake Village, staff is recommending that City Council authorize the City Manager to enter into an agreement with GeoLabs-Westlake Village for Geotechnical Services for the Bubbling Springs Park Renewal project in an amount not to exceed $224,000.00.

FISCAL IMPACT:

Sufficient funds are available in Account No. 101-780-5700.

STRATEGIC PLAN:

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
ATTACHMENTS:

A. Geotechnical Support Services RFP
B. GeoLabs-Westlake Village Proposal
C. Sample Agreement
Agenda Item No. 07 Page 2 of 54 CC Agenda 03-18-2024
February 20, 2024

CITY OF PORT HUENEME
Housing and Facilities Department

REQUEST FOR PROPOSAL

TO PROVIDE

GEOTECHNICAL SUPPORT SERVICES

FOR THE BUBBLING SPRINGS PARK RENEWAL

PROJECT
DEADLINE TO SUBMIT:
4:00 P.M., THURSDAY, MARCH 04, 2024
Agenda Item No. 07 Page 3 of 54 CC Agenda 03-18-2024
The City wishes to retain the services of a firm to perform geotechnical support services for the construction of the Bubbling Springs Park Renewal Project. Firms shall submit a not to exceed cost based upon the scope and the schedule set forth in this Request for Proposal.

SUBMISSION DEADLINE
In order for your proposal to be considered, this office must receive your proposal by 4:00 pm local time March 4, 2024, at the City of Port Hueneme, Office of the City Clerk; 250 N Ventura Rd, Port Hueneme, CA 93041 as determined by www.time.gov.

A. GEOTECHNICAL & MATERIALS TESTING
Provide Geotechnical Construction Observation, Recommendations, and Testing services to ensure that installed work is performed in accordance with the project plans & Geotechnical Investigation prepared by GeoLabs-Westlake Village including but not limited to the following:
• Observe rough grading work to ensure that the site has been properly prepared in accordance with the soils report/geotechnical investigation prior to the placement of fill and/or prior to excavations for foundations. Provide geotechnical recommendations based upon existing soils conditions.
• Perform classification and testing of fill materials to confirm the fill material complies with project plans and soils report/geotechnical investigation. • Provide continuous inspection during the placement of fill to verify use of proper materials, densities, inspect lift thickness, placement and compaction complies soils report/geotechnical Investigation. Provide compaction testing of placed fill material. • Provide observation of earthwork as necessary to prepare a report to the City summarizing that all earthwork performed, concluding that the work, has been completed according to the project plans and soils report/geotechnical investigation. • Provide a final summary report to the City that all earthwork performed since rough grading, concluding that the work, has been completed according to the project plans and soils report/geotechnical investigation.
• Provide continuous geotechnical observation of the construction of remedial ground improvements/soils improvements to ensure that the construction complies with the project plans and soils report/geotechnical investigation. • Prepare a report to the City confirming that the remedial ground improvements/soils improvement was constructed in accordance with the project plans and soils report/Geotechnical Investigation.

Agenda Item No. 07 Page 4 of 54 CC Agenda 03-18-2024
• Provide periodic inspection to ensure that all foundation and footing excavations are extended to proper depth and have reached proper material and that the material below the footings are adequate to achieve the design bearing capacity in accordance with the soils report/geotechnical investigation.

• For each building or structure prepare a report to the City confirming that the building/structure pad was prepared in accordance with the soils report/geotechnical investigation, confirm that the utility trenches have been properly filled and compacted and the soil’s expansive characteristics and bearing capacity at the foundation excavation conform to the soils report/geotechnical investigation. • Provide continuous deputy concrete inspection services for all 4500 psi portland cement concrete placed at building footings and foundations, slab on grades, light post footing, scoreboard footings, flagpole footings, etc. During concrete placement, fabricate specimens for strength tests, perform slump and air content tests, and determine the temperature of the concrete. Concrete testing and batch plant inspection shall be done in accordance with Governing Building Codes assigned to the project plans and soils report/geotechnical investigation.
• Provide an allowance of (20) concrete sample tests and (20) compaction tests for the subgrade and base compaction for PCC sidewalks.
• Provide an allowance of (20) subgrade compaction and base compaction tests for DG pathways.
• At the Community Center parking lot provide quality control observation, testing and reporting to confirm that asphalt concrete paving, base material, and subgrade placement were prepared and installed in compliance with the project plans and soils report/geotechnical investigation. Also provide concrete testing and subgrade and base compaction testing at the new drive approach at this parking lot. • Provide observation and recommendations to confirm that the Gas, Water and Sewer utility trenches were prepared and backfilled according to the project plans and soils report/geotechnical investigation.

B. ANTICIPATED BASELINE SCHEDULE (Subject to change)
• Site Rough Grading: March 19th – May 3
rd
.
• Baseball Field Rough Grading: May 6th – May 24th.
• Baseball Field Import-Fill Placement: May 28th – June 4th. • Soccer Field Rough Grading: Aug. 26th – Sept. 4th.
• Soccer Field Import-Fill Placement: Sept. 5th – Sept. 12th. • Concrete Curbs/Gutter/Flatwork: Sept. 13th – Oct. 17th. • Community Center AC Paving: Oct. 18th – Oct. 23rd.
• Concession Building-Footings: June 25th – July 5th.
• Concession Building-SOG: July 24th- 29
th
.
• Restroom Building – Footings: July 30th- Aug. 6th
• Shade Structure – Footings: Aug. 7th – 16th.
• Dug Outs – Footings: Aug. 19th – 23rd.
• Dug Outs – SOG: Aug. 30th – Sept. 4th.
• Trash Enclosure-Footings: Aug. 26th – Aug. 30th.
• Trash Enclosure – SOG: Sept. 13th – Sept. 18th
Agenda Item No. 07 Page 5 of 54 CC Agenda 03-18-2024

REQUIRMENTS
Any Professional responding to this RFQ must understand and agree to these terms:
1) The City reserves the unilateral right to amend, cancel, or reissue this RFQ in writing at anytime.
2) All costs associated with the preparation of proposals shall be borne by Professional.
3) Materials submitted by Professionals are subject to public inspection under the California Public Records Act (Government Code Sec. 7927.000 et seq.), unless exempt. Any determination that a document is or is not a public record pursuant to the Public Records Act shall be decided solely by the City. In the event Professional believes a document or record to be confidential, Professional shall mark the document in a conspicuous location “CONFIDENTIAL” prior to providing it to the City. 4) Professionals must maintain all applicable licenses and certifications as required by law.
5) Firms shall comply with all applicable labor compliance requirements under the California Labor Code, including but not limited to, registration with the Department of Industrial Relations (Labor Code Sections 1771.1(a) and 1725.5), 1771, 1771.4, 1773.2, 1774, 1776, 1777.5, 1813, and 1815. No proposal will be accepted, nor any contract, entered into without proof of the firms current registration with the Department of Industrial Relations to perform public work. 6) The project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It is the firms responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its proposal.

PROPOSAL REQUIREMENTS

1. Background: Provide a description of your firm's background and projectqualifications.

2. Firm's Experience: Provide a list of similar projects and clients that your firm has completed work for in the past 5 years.

3. Staff's Experience: Provide abbreviated resumes describing the qualifications of the staff that will be working on this project. Provide a list of similar projects and clients that the proposed Inspector(s) and Assistant Inspector(s) have completed work for in the past 5 years. Please include staff licenses for each discipline you wish to submit on.

4. Project Understanding: Provide a brief statement of your firm's project understanding and a list of the project's critical element(s).

5. Provide a fee schedule for all staff positions to complete the proposed services. The City will allow an increase in fees on July 1st of each year based on the ENR Building Cost Index averaged over the previous year. This increase shall not exceed a 3% increase Agenda Item No. 07 Page 6 of 54 CC Agenda 03-18-2024
in hourly cost.

6. The proposal must be signed by a company officer empowered to bind the Proposer to the provisions of this RFQ and any contract awarded pursuant to it.

7. Each proposal should be limited to no more than 20 pages per scope, including resumes.

SUBMISSION PROCESS

1. First, read through and thoroughly understand the scopes of services requested in this RFQ.

2. Review City agreement to ensure your firm will sign “as to form.”

3. Review insurance forms to ensure your firm can meet the insurancerequirements.

4. Create a single proposal addressing all of the subject matters you wish to submit on.

5. Submit your proposal to the City of Port Hueneme, Office of the City Clerk; 250 N Ventura Rd, Port Hueneme, CA 93041 by 4:00 PM PST as determined by www.time.gov on Monday, March 04, 2024. Three copies shall be submitted in a sealed envelope and must have the following information on the outside:

City of Port Hueneme
Office of the City Clerk
250 N Ventura Rd
Port Hueneme, CA 93041
RFQ – Geotechnical Construction Services
Attn: Gabby Basua
Proposer: (Name and Address)

DO NOT OPEN WITH REGULAR MAIL

1. Following receipt of the proposals, notifications will be given to each participant as to the status of their proposal. A selection committee may conduct interviews with only those consultants whose qualifications are most desirable for this project.

Encl. in this RFQ:

WILL NOT BE ACCEPTED AND SHALL NOT BE CONSIDERED FOR EVALUATION OR AWARD. Proposals will not be valid until all information has been verified and proposing consulting company’s references checked. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. The proposal may be withdrawn upon request by the proposing consulting company without prejudice up to, but not after, the time fixed for opening of proposals, provided that the request to withdraw the proposal is made in writing and is timely filed with the City. Proposals shall be submitted in accordance with the form prescribed by the City of Port Hueneme in the requirements and specifications section below. Failure to respond in Agenda Item No. 07
this manner may render the proposal

Page 7 of 54 ends

non-responsive.

CC Agenda 03-18-2024
Questions Regarding the Scope of Services
All inquiries regarding this Request for qualifications should be directed to Gabby Basua, Housing and Facilities Director, in writing or via email at: [email protected].

No verbal responses will be given. A copy of the inquiry and the response from the City shall be forwarded to all firms receiving a copy of this Request for qualifications.

Conditions

1. Failure to meet all requirements will not disqualify a firm. However, the City will evaluate each proposal to determine its overall fit in the best interests of the City.

2. All third-party solutions proposed as part of a joint proposal are subject to the same requirements of this RFQ, unless otherwise stated.

3. This RFQ, its general provisions, and the terms and conditions identified shall be incorporated in any agreement resulting from this solicitation, and the RFQ and its terms and conditions, shall control unless the Agreement expressly provides otherwise.

4. All proposals and any subsequent clarification or response to the City’s questions shall be valid for a minimum of 120 days.

City’s Rights Reserved

2. The City reserves the right to reject any or all proposals and to waive technicalities and informalities when such waiver is determined by the City to be in the City’s best interest.

4. The City reserves the right to meet with select proposers at any time to gather additional Agenda Item No. 07 Page 8 of 54 CC Agenda 03-18-2024
information.

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Agreement No.

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

THE CITY OF PORT HUENEME
AND
-YEAR ONCALL SERVICES

SERVICES
This AGREEMENT is entered i n t o this day of , 20 , by and between the CITY OF PORT HUENEME, a charter city and municipal corporation (“CITY”) and (“CONSULTANT”).

1. CONSIDERATION.

2. SCOPE OF SERVICES.

D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, Agenda Item No. 07 Page 11 of 54 CC Agenda 03-18-2024

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3. PAYMENTS.

C. The maximum not-to-exceed amount for any individual Task Order will belimited to $ .

D. CITY’s city manager may make payments up to $ forspecial items of work not included in the project scope of work and services as set forth in the Task Order.

4. FAMILIARITY WITH WORK.

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5. TERM.

B. The term of this Agreement and any Task Order may be extended as determined by the City Engineer or by written amendment to the Agreement or any Task Order.

C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.

6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:

A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement; and
B. CITY gives CONSULTANT a written notice to proceed.

C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

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9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

11. PROJECT COORDINATION AND SUPERVISION.

A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by .

13. TERMINATION.

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D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property.

17. INDEMNIFICATION.

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B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

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CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

21. INSURANCE.

C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance Agenda Item No. 07 Page 17 of 54 CC Agenda 03-18-2024

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24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
Housing & Facilities Director
City of Port Hueneme
Fax: Fax:

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A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.

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facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF PORT HUENEME
City Manager
ATTEST:

Taxpayer ID No.
,
City Clerk
APPROVED AS TO FORM:
, City Attorney
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Exhibit A – Insurance Requirements 1 of 5 (Insert Contract No.) EXHIBIT A – INSURANCE REQUIREMENTS
BLANKET CONTRACT NO. (INSERT NO. ASSIGNED BY PW)

1. General Requirements
• Unless otherwise requested by the City, Certificates of Insurance and endorsements may be faxed to (805) 986-6565, provided that the originals are forwarded to the City within 5 days ofacceptance. • When requested by the City, deliver one original Certificate of Insurance and one original of each endorsement, each with wet signatures (stamped signatures will not be accepted), to the hands of the City within 5 days of request.
• When requested by the City, deliver one certified (wet signature) copy of each insurance policy (including Declarations page) to the hands of the City within 30 days of request. • Policies shall be issued by responsible insurance carriers admitted to transact insurance in California as set forth in the California Insurance Code and as evidenced by the insurer’s possession of a valid Certificate of Authority issued by the California Department of Insurance.

With the exception of Workers’ Compensation Insurance, the insurance company shall have an A.M.

3. Insurance Limits
Coverage and minimum liability limits shall be as follows:

Commercial General Liability (Occurrence Basis)
General Aggregate $ 2,000,000
Bodily Injury $ 1,000,000
Aggregate Products/Completed Operations $ 1,000,000
Property Damage $ 1,000,000
Automobile Liability – Any Auto (Code 1)
Combined Single Limit $ 1,000,000
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Exhibit A – Insurance Requirements 2 of 5 (Insert Contract No.) Worker’s Compensation and Employers Liability
Statutory Coverage Requirements
Bodily Injury per Accident per Employee $1,000,000
Bodily Injury per Disease per Employee $1,000,000
Policy Limit by Disease $1,000,000
Note: If Contractor owns no vehicles, the auto liability requirement may be satisfied by a nonowned auto endorsement to the general liability policy.

5. Certificates of Insurance
• The Certificate Holder is:

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Exhibit A – Insurance Requirements 3 of 5 (Insert Contract No.)

Failure to comply with this Notice of Cancellation clause will not affect the coverage provided to the person(s) or organization named in the above Schedule.

Certificate Holder: Attention: Gabby Basua Housing & Facilities Director City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
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Exhibit A – Insurance Requirements 4 of 5 (Insert Contract No.)

Additional Insureds: Person(s) or Organization: The City of Port Hueneme, its officers, agents and employees.

Failure to comply with this Notice of Cancellation clause will not affect the coverage provided to the person(s) or organization named in the above Schedule.

Certificate Holder: Attention: Gabby Basua Housing & Facilities Director City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
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Exhibit A – Insurance Requirements 5 of 5 (Insert Contract No.)

Schedule: Person(s) or Organization: The City of Port Hueneme, its officers, agents and employees.

Failure to comply with this Notice of Cancellation clause will not affect the coverage provided to the person(s) or organization named in the above Schedule.

Certificate Holder Attention: Gabby Basua Housing & Facilities Director City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
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Agreement No. _________

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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

1. CONSIDERATION.

2. SCOPE OF SERVICES.

D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, Agenda Item No. 07 Page 44 of 54 CC Agenda 03-18-2024

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3. PAYMENTS.

C. The maximum not-to-exceed amount for any individual Task Order will be limited to $___________.

4. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

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5. TERM.

B. The term of this Agreement and any Task Order may be extended as determined by the City Engineer or by written amendment to the Agreement or any Task Order.

C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.

6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:

A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement; and
B. CITY gives CONSULTANT a written notice to proceed.

C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Engineer within fortyeight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay Agenda Item No. 07 Page 46 of 54 CC Agenda 03-18-2024

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interferes with the Agreement’s schedule. The City Engineer will extend the completion date, when appropriate, for the completion of the contracted services.

9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

11. PROJECT COORDINATION AND SUPERVISION.

A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by ______________________.

13. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement, or any Agenda Item No. 07 Page 47 of 54 CC Agenda 03-18-2024

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individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.

D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. INDEMNIFICATION.

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B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that Agenda Item No. 07 Page 49 of 54 CC Agenda 03-18-2024

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CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

21. INSURANCE.

Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising Agenda Item No. 07 Page 50 of 54 CC Agenda 03-18-2024

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out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
City Engineer
City of Port Hueneme
Fax: Fax:

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28. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are ____ (____) Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.

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engage in the actions described herein. This Agreement may be modified by written amendment.

CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF PORT HUENEME
_________________________________ ____________________________ Robert Hunt,
City Manager
ATTEST:
_____________________________ Taxpayer ID No. _______________ __________,
City Clerk
APPROVED AS TO FORM:
_________________________________
Mark D. Hensley, City Attorney
Agenda Item No. 07 Page 54 of 54 CC Agenda 03-18-2024
DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Gabby Basua, Housing and Facilities Director
SUBJECT: AWARD OF CONTRACT FOR ON-CALL DEMOLITION SERVICES RECOMMENDATION:

It is recommended that City Council authorize the City Manager to execute a five (5) year agreement, approved as to form by the City Attorney, with PreCon Demolition for on-call Demolition Services.

BACKGROUND/ANALYSIS:

At its February 5th, 2024, City Council meeting, the City Council authorized the release of a Request for Qualifications (RFQ) for on-call Demolition Services. The City has identified city owned and private property sites that may require demolishing. Each potential site will be considered independently and receive appropriate approvals. This agreement is intended to provide an on-call service provider that can be used once each has been reviewed and approved appropriately.

The RFQ was posted on Beacon Bid on February 21, 2024, with a response to the RFQ due no later than 2:00 pm on Monday, March 11, 2024.

On March 11th the City received one proposal for Demolition Services. The results of the RFQ/RFP are such:

Company Responsive/NonResponsiveProposed Cost
PreCon Demolition Responsive Residential Demolition Type B – 2,000 Square feet Brick or Block building $20-
$25 Per square foot; Commercial Building
– block, metal framed, wood framed
building on slab $10-$15 per square foot
up to 4,000 square feet.

Agenda Item No. 08 Page 1 of 46 CC Agenda 03-18-2024
Demolition Award of Contract
Tuesday, March 18, 2024

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After a thorough evaluation of the proposed proposal for Demolition Services, staff is recommending that City Council authorize the City Manager to enter into a 5-year agreement with PreCon Demolition in an amount not to exceed $75,000.00 per task order.

FISCAL IMPACT:

Sufficient funds in the amount of $80,000.00 for demolition services are available in Account No. 101-111-5204.

STRATEGIC PLAN:

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
ATTACHMENTS:

A. PreCon Demolition Proposal
B. Demolition RFQ
C. Sample On-Call Professional Services Agreement
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Attachment A
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1 REQUEST FOR QUALIFICATIONS TO PROVIDE

ON CALL DEMOLITION SERVICES
Issuing Entity: City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
Contact: Questions regarding this solicitation should be directed to:

Gabby Basua
Housing and Facilities Maintenance Director
(805) 986-6551
[email protected]
Due Date: Proposals (three copies) must be received before 2:00 P.M. on Monday, March 11, 2024, as determined bywww.time.gov
Attachment B
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2 .

REQUEST FOR QUALIFICATIONS
The City of Port Hueneme is seeking qualified demolition contractors to carry out demolitions of deteriorating residential and/or commercial and/or fire damaged properties.

Description of Requested Services
The contractor or contractors will provide

1. Demolition,

2. Removal,

3. Disposal,

4. Grading,

5. Asbestos/Lead abatement and

6. Closure of utilities (per City’s request).

If selected as a qualified contractor with a signed agreement, contractors will be asked to submit bids on each property cleared for demolition. The contractor with the lowest bid will be granted the work. The city understands that workloads can vary and desires to have multiple qualified contractors available to ensure the quickest and most economical resolution can be achieved for our residents and communities.

Selection Criteria
City of Port Hueneme will execute agreements with multiple qualified contractors who meet the minimum qualifications, have a positive performance history with the City or other references. These contractors will be eligible to bid on individual demolition projects. Individual projects will be awarded to the lowest bid. The City of Port Hueneme reserves the right to reject any and all proposals and to waive immaterial formalities. The City of Port Hueneme additionally reserves the right to dissolve any prequalified list of contractors at any time with notice to all contractors on the list.

Prevailing Wages
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, Contractor must pay its workers prevailing wages. It is Contractor’s responsibility to interpret and implement any prevailing wage requirements and Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from City’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. Contractor must post a copy of the prevailing rate of per diem wages at the job site.

C. City directs Contractor’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by Contractor or any subcontractor.

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3 D. Labor Code § 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprentice-ship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
iv. When Contractor provides evidence that Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
vi. Contractor and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. Contractor and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by City, Contractor must provide copies of the records at its cost.

Minimum Qualifications

1. Hold all required Business Licenses, and be eligible to conduct business in California.

2. Demonstrate the ability to successfully complete structural demolitions in a safe and timely manner with at least 3 references in the last 12 months.

3. Be fully insured and bonded including:
a. Workers’ Compensation and employer’s liability insurance to the fullest extent required by applicable law;
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4 b. Commercial general liability coverage for bodily injury and property damage, including limited contractual liability coverage, in not less than the following amounts:
i. General Aggregate Limit: $1,000,000 each occurrence; ii. Each Occurrence Limit: $1,000,000 each occurrence;
iii. Products Completed Operations Hazard Limit: $1,000,000; iv. Commercial automobile liability coverage, including non-owned and hired, in an amount not less than $1,000,000.
c. The commercial general liability coverage above shall provide coverage for claims including:
i. damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. personal and advertising injury;
iii. damages because of physical damage to or destruction of tangible property, including the loss of use of such property;
iv. bodily injury or property damage arising out of completed operations; and the Contractor’s indemnity obligations
d. Contractor shall provide performance and payment bond as required by City of Port Hueneme once a demolition project has been awarded.

Qualification Submittal Instructions
Content
Each Qualification Packet should include the following in this order:

A. Letter of Intent

1. Location of Business

2. Years in Business

3. Overview of Qualifications to Perform the Work

4. Examples of similar projects and contact information (phone number and email) for a minimum of three references

5. State of experience working with local governments (if applicable)

6. Statement of capacity to perform work in timely manner • Number of Employees
• Organization of Project Teams (i.e. Project Manager, Crew Leader, etc.) • Inventory of available equipment and apparatus
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5 • Certifications or Licenses of Specialized Team Members

7. Contact information

8. W-9
B. License and Insurance

1. Copy of all Business Licenses

2. Copy of all Certificates of Insurance
C. Fee Schedule
Please provide a fee schedule that you will use to estimate the cost to complete each work order your company submits on. If selected, these fees will be set in the agreement for services for a period of two (2) years.

D. Cost Estimates for “Typical Projects”
Please provide a brief cost estimate for the following project types based on your fee schedule. These estimates will be used for budgeting purposes only. The City will allow for site inspections and request estimates for each project as it is cleared for demolition, allowing for adjustments and agreement on a work order basis.

Asbestos/Lead Remediation
• Price per property (include labor, materials, equipment, incidentals, and disposal fees) • Size of Crew
• Time for completion:
• # of man hours
• Duration in days from start to completion
• List of Equipment Available to Crew
Residential Demolition Type A
Specs: Per SQ. FT.; On a slab; traditional stick built; one out building • Price per property (include labor, materials, equipment, incidentals, and disposal fees) • Size of Crew
• Time for completion:
• # of man hours
• Duration in days from start to completion
• List of Equipment Available to Crew
• Note any structures or materials that would be an additional cost if identified (i.e. brick chimney, boilers, etc.)

Residential Demolition Type B
Specs: Per SQ. FT., Block or brick structure; One out building of same construction. • Price per property (include labor, materials, equipment, incidentals, and disposal fees) • Size of Crew
• Time for completion:
• # of man hours
• Duration in days from start to completion
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6 • List of Equipment Available to Crew
• Note any structures or materials that would be an additional cost if identified (i.e. brick chimney, boilers, etc.)
Proposals must be received at the office of the City Clerk in the City Hall, located at, 250 North Ventura Road, Port Hueneme, CA 93041, before 2:00 p.m., Monday, March 11, 2024, as determined by www.time.gov. Three (3) copies of your proposal shall be submitted in an envelope and clearly marked “Request For Qualifications To Provide On Call Demolition Services”.

Please include three (3) copies your fee schedule in a separate sealed envelope.

Attached A is a Sample Professional Service Agreement.

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7 Professional
Services Agreement

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the ____ day of September 2021, by and between the City of Port Hueneme, (“City”) and __________, who individually may be referred to herein as a “Party,” and jointly as the “Parties.”

RECITALS
A. ________ is trained, experienced and competent to perform the services which will be required by this Agreement.

B. City desires to retain __________ to render professional services as set forth in this Agreement.

AGREEMENT

SERVICES

1. Scope of Services; Extra Work.

A. _______ shall furnish the services (the “Services”) described in the estimate attached hereto as Exhibit "A" and incorporated herein by this reference (the “Proposal”). _____ shall provide the Services at the time, place, and in the manner specified in the Proposal.

To the extent that the time, place and manner are not fully set forth in the Proposal, the Services will be provided as agreed by the Parties or as required by the nature of the Services.

B. At any time during the term of this Agreement, City may request that ____ perform Extra Work. As used herein, Extra Work means any work that is determined by City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. _____ shall not perform, nor be compensated for, Extra Work without advance express written authorization from City. _____shall perform the Extra Work in the manner specified in the Proposal, or if variations are found by the Parties to be desirable or necessary, in the manner described in the writing wherein the Extra Work is authorized.

2. Familiarity with Work.

A. ______warrants that it has thoroughly investigated and considered the scope and nature of the Services, has carefully considered how the Services should be performed and fully Agenda Item No. 08 Page 26 of 46 CC Agenda 03-18-2024
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understands the facilities and restrictions associated with performance of the Services under this Agreement.

B. Should _____, subsequent to the execution of this Agreement, discover any conditions that may materially affect the performance of the Services hereunder, it shall immediately inform City of such fact and shall not proceed without written instructions from City except at its own risk.

3. Standard of Care. Services shall be performed by ____ in accordance with generally accepted professional practices and principles and not less than the level of care and skill previously exercised by ____ in providing prior services to City. By delivery of completed work, ____ certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care in California. ____ shall perform the Services in conformance to and consistent with that degree of care and skill consistent with the generally accepted professional standards prevailing at the time the work is performed.

4. Independent Evaluation. ____ is responsible for making an independent evaluation and judgment of all conditions affecting performance of the Services, including, without limitation, applicable federal, state and local laws and regulations, and all other contingencies or considerations.

Information, opinions, reports, investigations, and other similar information provided by City relating to the Services is not warranted or guaranteed, either expressly or impliedly, by City.

5. Licenses.

A. ____ represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required to practice its profession as well as perform the Services.

B. ____ represents and warrants to City that it shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of ____ to practice its profession.

C. ____ shall maintain a valid City business license.

6. Coordination of Services. All services shall be coordinated with the Community Development Director ("Director") or his designee and shall be performed under the jurisdiction of the Director.

7. City's Responsibility. City shall cooperate with ____ as may be reasonably necessary for ____ to perform its services. Director agrees to provide direction to ____ as requested regarding particular project requirements.

8. Correction of Errors. ____ agrees to correct, at its expense, all errors which may be disclosed during Director's review of ____ services.

COMPENSATION
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9. Contract Sum. Compensation to be paid to ____ shall be in the amount and paid in accordance with the description set forth in the Proposal, Exhibit A. No payment will be made by City for Services performed without the prior written approval of City.

10. Payment.

A. ____ shall submit billings to City describing the work performed. ____ bills shall include a brief description of the Services performed, the date the Services were performed, and a description of any reimbursable expenditures (if provided for in the Proposal).

B. City shall pay ____ no later than 30 days after approval of the invoice by City staff.

PERFORMANCE SCHEDULE

11. Time of Performance. This agreement shall begin on September 3, 2021 and expire on December 31, 2024.

12. Time of Essence. Time is of the essence in the performance of this Agreement.

COORDINATION OF WORK

13. Conflicts of Interest.

A. ____ (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the City or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of the Services. ____ further covenants and represents that in the performance of the Services no person having any such interest shall perform any services under this Agreement.

B. The City has determined that ____ is not a designated employee within the meaning of the Political Reform Act.

14. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of ____.

Assignments of any or all rights, duties or obligations of the ____under this Agreement will be permitted only with the express written consent of City, which can be denied at its sole discretion. ____ shall not subcontract any portion of the Services without the advance express written authorization of City. If City consents to such subcontract, ____ shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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RECORDS AND REPORTS

15. Books and Records.

A. ____ shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to ____ under this Agreement.

B. ____ shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at ____ address indicated for receipt of notices in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of ____ business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by ____, ____ representatives, or ____ successor-in-interest, unless confidential.

CONFIDENTIALITY OF INFORMATION

16. Confidential Information. Any report, information, exhibits, data, documents or materials given to or prepared by ____ under this Agreement shall be confidential and shall not be made available to any third-party person or organization by ____ without prior written approval of the Director.

INDEPENDENT CONTRACTOR

17. Independent Contractor. City and ____ agree that in the performance of the services, ____ shall be, and is, an independent contractor, and that ____ and its employees are not employees of the City. ____ has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of the persons assisting ____.

18. Employees' Pay. ____ shall be solely responsible for, and shall save City harmless from all matters relating to the payment of Consultant's employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State Agenda Item No. 08 Page 29 of 46 CC Agenda 03-18-2024
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income tax withholding and all other regulations governing employer-employee relations.

19. Employees' Benefits. ____ acknowledges that ____ and ____ employees are not entitled to receive from City any 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, or health, life, dental, long-term disability and workers' compensation insurance benefits.

20. ____ Not Agent. Except as Official may specify in writing, ____ and its agents, employees, subcontractors and subconsultants shall have no authority, expressed or implied, to act on behalf of City in any capacity, as agents or otherwise, or to bind City to any obligation.

INSURANCE

21. Insurance Requirements.

A. Policies. ____, at its own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.

1. Workers Compensation Coverage. ____ shall maintain Workers Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, ____ shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or nonrenewal of all Workers Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by ____for City. This provision shall not apply if ____ has no employees performing work under this Agreement. If ____ has no employees for the purposes of this Agreement, ____ shall provide City with a signed Certificate of Exemption from Workers Compensation Insurance in a form acceptable to City.

2. General Liability Coverage. ____ shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. ____ shall maintain automobile liability insurance covering bodily injury and property damage for all activities of ____ arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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4. ____ Liability Coverage. ____C shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from ____ performance of the Services under this Agreement, whether such performance is by the ____ or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) per occurrence.

B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:

1. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of ____, including materials, parts or equipment furnished in connection with such work or operations.

2. This policy shall be considered primary insurance as respects City, and/or its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention by City, shall be considered excess insurance only and shall not contribute to ____ insurance.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against City, and its elected or appointed officers, officials, employees or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by City, except for non-payment of premium when ten (10) days' written notice will be provided.

C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions applicable to ____ must be declared to and approved by City. At City’s option, ____ shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

D. Certificates of Insurance. ____ shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with City on or before commencement of performance of Agenda Item No. 08 Page 31 of 46 CC Agenda 03-18-2024
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this Agreement. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

22. Indemnity. To the fullest extent permitted by law, ____ shall indemnify, defend (with independent counsel approved by City) and hold harmless City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of ____ or the acts or omissions of an employee, agent or subcontractor of ____. In the event that a third party institutes such an action against City which pertains to the Services, whether ____ is named or not, ____ shall provide a defense of said action at its sole expense, and shall indemnify City from any costs or expenses related to said action and any judgments rendered therein. No settlement of such an action may occur without the express written consent of City. The provisions of this paragraph survive completion of the Services or the termination of this Agreement. The provisions of this section are not limited by the provisions of Section 24 relating to insurance.

MISCELLANEOUS

23. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and ____ with respect to the Services. All prior written and oral communications, including correspondence, drafts, memoranda, and representations pertaining to the Services, are superseded in total by this Agreement.

24. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provisions under this Agreement.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

25. Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

26. Controlling Law Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Ventura.

27. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party (or any third party institutes such an action naming City) arising out of this Agreement and/or the Services, the prevailing party as between City and ____ shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

28. Authority to Enter Agreement. ____ has all requisite power and authority to conduct its business Agenda Item No. 08 Page 32 of 46 CC Agenda 03-18-2024
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and to execute, deliver, and perform the Agreement. ____warrants that the individual(s) who has signed this Agreement has the legal power, right, and authority to make this Agreement and to bind ____. City shall not be bound to this Agreement until such time as the City Manager has executed it.

29. Termination. City may terminate this Agreement immediately for cause. City may terminate this Agreement without cause upon fifteen days written notice of termination. Upon termination, ____ shall be entitled to compensation for services performed up to its receipt of the notice of termination. ____ may terminate this agreement by providing 60 days' written notice of termination to the City.

30. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Brad Conners
City Manager
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
If to Consultant:

31. Amendments. This Agreement may be modified or amended only by a written document executed by both ____ and City and approved as to form by the City Attorney.

32. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

33. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

34. Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to the ____, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to ____ or to its successor, or for breach of any obligation of the terms of this Agreement.

35. Prohibited Interests. ____ maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for ____, to solicit or secure this Agreement. Further, ____ warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for ____, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

36. Equal Opportunity Employment. ____ represents that it is an equal opportunity employer and it Agenda Item No. 08 Page 33 of 46 CC Agenda 03-18-2024
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shall not discriminate against any subcontractor, employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, natural origin, physical handicap, sexual orientation or domestic partnership status. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

37. Commencement of Services. ____ shall not commence performance the Services until this contract has been approved by the City and notification to proceed has been issued by the City Manager or designee. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

SIGNATURES APPEAR ON FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above.

CITY OF PORT HUENEME ___________________
____________________________ By: _____________________________ James Vega, City Manager
ATTEST:
_______________________________
Georgianna Nicole Alvarez, City Clerk
APPROVED AS TO FORM:
_____________________________
Kevin Spaulding, City Attorney
Agenda Item No. 08 Page 34 of 46 CC Agenda 03-18-2024
Professional Services Agreement
EXHIBIT “A”
Agenda Item No. 08 Page 35 of 46 CC Agenda 03-18-2024
Agreement No. _________

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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

1. CONSIDERATION.

2. SCOPE OF SERVICES.

D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, Attachment C
Agenda Item No. 08 Page 36 of 46 CC Agenda 03-18-2024

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3. PAYMENTS.

C. The maximum not-to-exceed amount for any individual Task Order will be limited to $___________.

4. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

Agenda Item No. 08 Page 37 of 46 CC Agenda 03-18-2024

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5. TERM.

B. The term of this Agreement and any Task Order may be extended as determined by the City Engineer or by written amendment to the Agreement or any Task Order.

C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.

6. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:

A. CONSULTANT furnishes annual proof of insurance as required under Section 21 of this Agreement; and
B. CITY gives CONSULTANT a written notice to proceed.

C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

7. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Engineer within fortyeight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay Agenda Item No. 08 Page 38 of 46 CC Agenda 03-18-2024

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interferes with the Agreement’s schedule. The City Engineer will extend the completion date, when appropriate, for the completion of the contracted services.

9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

11. PROJECT COORDINATION AND SUPERVISION.

A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by ______________________.

13. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement, or any Agenda Item No. 08 Page 39 of 46 CC Agenda 03-18-2024

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individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.

D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. INDEMNIFICATION.

Agenda Item No. 08 Page 40 of 46 CC Agenda 03-18-2024

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B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

18. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that Agenda Item No. 08 Page 41 of 46 CC Agenda 03-18-2024

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CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

21. INSURANCE.

Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

D. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising Agenda Item No. 08 Page 42 of 46 CC Agenda 03-18-2024

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out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
City Engineer
City of Port Hueneme
Fax: Fax:

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28. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are ____ (____) Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.

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engage in the actions described herein. This Agreement may be modified by written amendment.

CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF PORT HUENEME
_________________________________ ____________________________ Robert Hunt,
City Manager
ATTEST:
_____________________________ Taxpayer ID No. _______________ __________,
City Clerk
APPROVED AS TO FORM:
_________________________________
Mark D. Hensley, City Attorney
Agenda Item No. 08 Page 46 of 46 CC Agenda 03-18-2024
DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Lupe Acero, Finance Director
SUBJECT: AUTHORIZATION OF A RESOLUTION DESIGNATING APPLICANT’S

AGENT TO CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR
DISASTER RECOVERY EFFORTS FROM DECEMBER 2023 STORM
RECOMMENDATION:

It is recommended that City Council adopt a Resolution entitled, “Designation of Applicant Agent Resolution” (CAL OES Form 130) that will be submitted to California Office of Emergency Services that will allow the City to apply for emergency assistance for the December 2023 storm or future emergencies.

BACKGROUND/ANALYSIS:

On January 23, 2024, a Governor’s Proclamation was issued to secure funding to help the County of Ventura respond to and recover from the December 2023 Winter Storm.

On March 13, 2023, the Finance Director attended the applicant briefing meeting, which provided details on the application process for assistance under the California Disaster Act. The city will be submitting an application packet with the list of eligible projects by the deadline of April 12, 2024. One of the required documents that needs to be included with the packet is the Designation of Applicant’s Agency Resolution (OES Form-130), which authorizes the City Manager, Finance Director or Deputy City Manager to represent the City and file documents with the California Governor’s Office of Emergency Services for any existing or future grant programs including emergency assistance.

FISCAL IMPACT:

None. This item does not require an expenditure of funds. The city may be reimbursed up to 75% of eligible expenditures; the reimbursement will be subject to review and approval of the project expenditures submitted.

ATTACHMENTS:

A. Designation of Applicant’s Agent Resolution
Agenda Item No. 09 Page 1 of 6 CC Agenda 03-18-2024
This Page Intentionally Left Blank
Agenda Item No. 09 Page 2 of 6 CC Agenda 03-18-2024

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Attachment A
Agenda Item No. 09 Page 3 of 6 CC Agenda 03-18-2024
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
Agenda Item No. 09 Page 4 of 6 CC Agenda 03-18-2024
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
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Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
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DATE: March 18, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: HEROES, HISTORY AND HERITAGE POLICY NOMINATION: RICHARD

BARD MONUMENT AND PROPOSED SURVEY
RECOMMENDATION:

It is recommended that the City Council receive an update on the status of the application for a Richard Bard Monument by the Oxnard Harbor District and provide direction regarding the proposed survey to solicit community feedback regarding potential locations.

CITIZEN ADVISORY COMMISSION RECOMMENDATION:

The Citizen Advisory Commission recommended that the City Council support the application submitted by the Oxnard Harbor District to construct and install a Richard Bard monument and that the location of the statue be determined by the City Council or referred back to the CAC for further consideration.

BACKGROUND/ANALYSIS:

Community Benefit Fund
Pursuant to a 2015 agreement between the City of Port Hueneme (City) and the Oxnard Harbor District (OHD), OHD contributes $100,000 on an annual basis to the Community Benefit Fund (CBF) when gross revenues exceed $13M and is subject to escalation by the CPI. Each year, a City/OHD committee consisting of representatives from the City Council and Board of Harbor Commissioners meets to consider mutually agreeable project ideas. Subsequent approval action by both legislative bodies is required before funds can be allocated.

Beginning in 2020, discussions about potential CBF allocations included funding for a public monument program. While funding was not allocated at that time, discussions about this program continued and in early 2022, both OHD and City approved $50,000 to fund the first phase of the public monument project. Phase one of this project was described as designing and constructing a full-size bronze statue of Richard Bard. As part of the City Council’s approval action of the funding for the project on March 21, 2022, Agenda Item No. 10 Page 1 of 45 CC Agenda 03-18-2024
HHHP Application - Richard Bard Monument
March 18, 2024

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final project details are subject to approval through the process specified in the Heroes, Historic Preservation and Cultural Heritage Policy (HHHP). On November 21, 2022 the City Council approved the City/OHD committee’s recommendation to allocate an additional $30,000 for the Bard monument and an additional $40,000 was approved on November 6, 2023.

On Wednesday, November 1, 2023 the City received a submission from the Oxnard Harbor District, pursuant to the HHHP, to construct a Richard Bard monument on public property. The application proposes to install a Richard Bard monument in the center of the Wharf Plaza located adjacent to the intersection of Market Street and Surfside Drive.

Project design calls for a 7-foot bronze sculpture situated on a 4-foot pedestal.

Information about the materials used, artistic process and artist credentials are attached to this report. The application provides information about the monument’s namesake; project cost and financial responsibility; and data intended to satisfy justification and significance criteria. Policy criteria call for an evaluation of the individual’s character, significant contributions and alignment between the monument design and proposed location. The policy establishes public safety requirements, consistency with adjacent design themes and site value as key criteria to use when evaluating proposed locations.

Pursuant to the established process, staff screened the documents for completeness and accuracy and sought additional information regarding the proposal. Additional information was provided and materials were presented to the Citizen Advisory Commission (CAC) for review. The Commission reviewed the matter at its November 13, 2023 meeting, asked questions of the applicant and received public comments. CAC recommended that the City Council support the monument but suggested that City Council determine the appropriate location (or refer the matter back to CAC for additional consideration). At the following Joint Committee meeting, the project was discussed and OHD indicated a desire to prepare a survey to solicit additional community feedback prior to the City Council’s consideration. OHD has provided the proposed survey, attached to this item. The City Council may provide feedback on the proposed survey, as desired.

FISCAL IMPACT:

OHD estimates that costs associated with preparing the site and constructing and installing the monument are $97,374. Community Benefit Fund allocations were approved to cover these estimated costs and other ancillary costs, e.g. permit related costs. Further, OHD has indicated that it will be responsible for all costs associated with the monument and ongoing monument maintenance.

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HHHP Application - Richard Bard Monument
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ATTACHMENTS:

A. Heroes, History and Historic Preservation Recognition Policy B. Bard Monument Application
C. Monumental Sculpture of Richard Bard by Marco A Ovideo II D. Community Benefit Fund Monument Information
E. Bard Sculpture Presentation
F. Minutes from 2-15-22 City Port Committee Discussing Application Process G. Proposed Survey for Community Feedback
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City of Port Hueneme
Standardization and Business Rules
City of Port Hueneme
Document Review Form for New Policy or Policy Update
Document No:

COPH-100-100 rev0
Document Short Name:

Heroes, History, and Heritage Recognition Policy
Date Submitted:
9 September 2020
Submitted By:

Brick Conners
Document Description:

Guidelines, Process, and Criteria for recognizing extraordinary Public and Community Service through City Property, Facilities, Equipment, or Event naming, renaming, commemoration, or other forms of public recognition.

Attached Reference Document(s) File Names:

COPH-100-100 Heroes_History_Heritage 9.8.20
Reviewed By:

Signature:

QA By:

Signature:

Name: Date
Title:

Approved By:

Signature:

Name: Date
Title:

Attachment A
Agenda Item No. 10 Page 5 of 45 CC Agenda 03-18-2024
City of Port Hueneme
Heroes, Historic
Preservation, and Cultural
Heritage Policy
SOP/ Revision COPH-100-100
Canceled SOP/ Revision Original
Active Date 09/08/2020
18 Pages Review Periodicity – Annual Periodic Update (Date) 09/08/2021 Approval
Authority City Council Approval Date 09/08/2020
Prepared By:

Brad Conners, City Manager, City of Port Hueneme
Concurrence:

Rebecca Breuning, Chair, Port Hueneme Citizen Advisory Commission Approved By:

Laura Hernandez, Mayor, on behalf of City of Port Hueneme Council Distribution:

Electronic .pdf
References: (a) University of Pennsylvania Policy Strategies for Monuments and Memorials (b) National Capital Planning Commission Memorials and Museums Master Plan (c) California State Law and Historic Preservation
Attachments: (1) Steps for Establishing a Memorial
(2) Nomination/ Application
(3) Steps for California Historical Resource Registration (4) List of Historic Preservation and Heritage Objects and Sites I) Purpose: To establish a uniform policy regarding requests or nominations for the naming or renaming of City-owned land and facilities as monuments or memorials, including parks, recreational facilities, buildings, or streets. The objective is to retain crucial community memories to assure preservation and continued community connection to community members and organizations whose actions reflect the key community values and common cultural heritage that enhance the City’s prestige, pride, and heritage. This policy also provides process and guidance standards for other forms of extraordinary community service and leadership recognition, such as commemorative plaques, statues, murals, art, awards, and functional features like benches, park equipment, or motorized equipment. The terms Plan, Policy, or Instruction have the same meaning in this document.

II) Cancellation: All previous commemoration, property and facility naming, and recognition policy documents are hereby cancelled and superseded by this document. All prior executed commemoration and recognition actions will remain in effect, subject to renaming procedures if deemed appropriate. The City of Port Hueneme retains the sole right to change, amend, or modify any term or provision of this policy, so long as it is more restrictive than governing policy documents.

III) Scope: This plan applies to all City Staff and Elected Officials, City of Port Hueneme Residents and Businesses, and any external Organization or Individual that is sponsored by a City Resident or Business.

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IV) Discussion: The historical memory of a city is often best maintained and best transferred to visitors and new residents through a disciplined commemoration and recognition approach that showcases the City’s most significant historical events and personal contributions in a highly visual and impactful manner. Monuments and memorials engage the population in sustaining that memory on a daily basis. Since historically significant events are not necessarily equal in their contribution to the City’s history, it also important to prioritize the monument and memorial historic value contribution relative to a visitor’s experience and perception. Therefore, the object’s space, size, location, promotion, and anticipated viewer traffic should correlate to that assessed value. a) Policy and Leadership. Implement the requirements of this procedure and ensure all participants are aware of the expectations for its application and use. Leaders at all levels are responsible for complete integration and fidelity in order to establish and sustain a culture of excellence and full public transparency. Leaders are also responsible for maintaining a climate that fosters effective feedback and the willingness to raise issues outside their immediate control.
b) Training and Education. Routine public information campaigns should be deployed to promote existing historically significant monuments and to educate the public on the means available to them to induct future honorees.

V) Policy. All City personnel are subject to this instruction independent of experience, qualifications, position, or length of service.

VI) Responsibilities. The City Manager has overall responsibility for this instruction. The Deputy City Manager has responsibility for reviewing, updating, implementing, and coordinating this instruction, including frequent reviews for program consistency, fairness, and quality. The City Clerk has responsibility for coordinating public participating and approval processes, including any ceremonial events associated with the project. The Facilities Manager and the Director of Public Works have responsibility for facilitating object cost analysis, procurement, construction, and preventive maintenance. The Recreation and Community Services Manager, in conjunction with designated public committees/ commissions, are responsible for fielding, vetting, and recommending recognition nominees according to their contribution to City quality of life and history. The Director of Finance is responsible for either budgeting or processing donations in support of a recognition event.

VII) Policy, Process, and Procedures.

Table of Contents
SECTION 1 – GENERAL OVERVIEW AND PROCEDURES......................................................................................... 4

1.1 MONUMENTS, MEMORIALS, MEMORY, PUBLIC ART, DEFINING TERMS, AND POLICY............................................................4

1.2 KEY ROLES AND RESPONSIBILITIES ...............................................................................................................................6 Agenda Item No. 10 Page 7 of 45 CC Agenda 03-18-2024
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1.3 HISTORIC PRESERVATION AND HERITAGE GOALS AND OBJECTIVES .....................................................................................7 SECTION 2 – PROPERTY, FACILITIES, EQUIPMENT, AND EVENTS .......................................................................... 7

2.1 CITY OWNED PUBLIC PROPERTY..................................................................................................................................7

2.2 CITY EVENTS ...........................................................................................................................................................9 SECTION 3 – NAMING OR RENAMING REQUIREMENTS ....................................................................................... 9

3.1 GENERAL CRITERIA ...................................................................................................................................................9

3.2 SPECIAL CRITERIA...................................................................................................................................................10 SECTION 4 – STANDARDS, PROCESS, AND PROCEDURE ......................................................................................11

4.1 NAMING OF CITY-OWNED PUBLIC BUILDINGS AND PROPERTIES (OTHER THAN PARKS AND PARK FACILITIES)............................11

4.2 NAMING OF CITY-OWNED PARKS AND PARK FACILITIES .................................................................................................12

4.3 MONUMENTS, MEMORIALS, PUBLIC ART, AND OTHER OBJECTS WITHIN CITY-OWNED PROPERTY AND FACILITIES. ....................13

4.4 MONUMENTS, MEMORIALS, PUBLIC ART, AND OTHER OBJECTS WITHIN PRIVATELY-OWNED PROPERTY AND FACILITIES.............13

4.5 CITY EVENT NAMING ..............................................................................................................................................13 SECTION 5 – ANNUAL HUENEME HERO AWARD.................................................................................................14

5.1 HUENEME HERO AWARD STANDARDS........................................................................................................................14

5.2 HUENEME HERO AWARD PROCESS AND PROCEDURES...................................................................................................14 Section 1 – General Overview and Procedures

1.1 Monuments, Memorials, Memory, Public Art, Defining Terms, and Policy

1.1.1 Monument – A statue, building, or other structure erected to commemorate a famous or notable person, event, action, or memorial. Notable people may include military, political, or cultural heroes. Actions or events may include a key trajectory inflection point from the City history.

Monuments are built to help us remember. Example: Orvene S. Carpenter Community Center.

1.1.2 Memorial – An object, event, or feature intended to preserve the memory of a person or thing. Memorials are used to make sure we never forget and may not be bound to the proudest moments in City history. The connection between a memorial and its place can’t be ignored either.

Example: Alaska Air Flight 261 Sundial Memorial.

1.1.3 Memories – Locations for monuments and memorials should optimize the connection between past, present, and visitors. That connection is strengthened when the memorial is at, or near, the most significant link to what the memorial is designed to represent.

1.1.4 Public Art – Although Public art may serve as a monument or memorial, the main purpose of public art is to increase visitor patronage and visually convey community values, heritage, and vision. The object should stimulate a positive emotional reaction and reflective thoughts for those who observe it. Objects may include, but are not limited to, sculpture, monuments, bas reliefs, mosaics, frescoes, stained glass, murals, and fountains. Example: Rocky statue in front of the Philadelphia Sports Complex in South Philadelphia.

1.1.5 Defining Terms – Term definition is an important aspect of identifying meaning throughout the policy and guiding perceptions to eliminate misinterpretation. The following terms define the City’s Agenda Item No. 10 Page 8 of 45 CC Agenda 03-18-2024
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mission and values, as represented in the City’s Strategic Plan, and help clarify the key terms and elements of the policy.
- City Mission – To improve the quality of life for all people who live, work and visit the City of Port Hueneme according to the following guiding principles or values:
- Maintain an open, accessible, ethical, and accountable government - Promote, invite, and encourage community engagement
- Respect the diversity of the community, treating people fairly and with dignity and respect
- Foster cooperative relationships with community partners - Instill a sense of community, pride, and social responsibility - Contribute to a vibrant and diversified economy, while maintaining a healthy fiscal posture
- Apply health and safety measures that meet the needs of the whole community - Serve as responsible stewards of our environment
- City Vision – Small City Doing Big Things. There are five pillars that guide the City’s vision:
- Optimal levels of service for residents and businesses - Fiscal and economic excellence
- Innovation and opportunity
- Safe, secure and beautiful community
- Strategic partnerships
- Culture – A system of shared values, norms, rituals and assumptions, that guide member’s attitudes and behaviors.
- Leadership – The ability to build extraordinary teams and individuals that can capture the hearts, minds, and fighting spirit of others, and simplify the means they use to inspire, decide, and act in pursuit of extraordinary goals and extraordinary results, with courage and confidence. - Heritage – The valued objects, qualities, or cultural traditions emblematic of the values and vision that we aspire to.
- Hero – An individual that provides extraordinary community contributions associated with public safety, community development, cultural heritage, community service, environment, and economic development.

1.1.6 Key policy elements – There are five key policy elements required for optimizing the investment and historic contribution value of City monuments, memorials, or public art:
- Ownership and Operation – The City’s heritage, character, and common history preservation is a shared responsibility between government, the public, and the private sector. This policy document is intended to organize and drive that shared responsibility. - Regulation – To avoid confusion, assign responsibilities, prioritize historic contributions, promote the most strident events, showcase what makes the City unique and important, and organize the disciplined processes that deliver those results, all efforts must be regulated. Additionally, a Agenda Item No. 10 Page 9 of 45 CC Agenda 03-18-2024
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representative object or structure bears a cost burden in both implementation, upkeep maintenance, and restoration. Ignorance of those costs, or obscure ownership of those costs during the selection process, increases the probability of embarrassing neglect and negates the intended purpose of the object. And finally, consideration of object location and expansion for future memorials must also be addressed. This policy document is intended to package and streamline all those elements under a comprehensive and complete unified planning strategy. - Incentives (disincentives) – Aligned with City Strategic Initiatives, Community Development Plans, and Economic Developments plans, through the strategic selection of future site locations and historic/cultural preservation value thresholds, all development plans will indirectly benefit and could potentially induce private investment. This policy document is intended to integrate City strategy components into its incentive (disincentive) approach. - Establishment, Allocation, and Enforcement of Property Rights – Although this policy document is primarily intended to establish and allocate heritage objects on public lands, private activities on private property must also be considered if the public can visually experience the object from public commons. This policy document is intended to offer standards and guidance in consideration of private property rights too.
- Information – Public information originates with the nomination and selection process and then will be used to solicit public comment to help inform the recommendation and approval process.

Following approval, public information will prepare the public for groundbreaking and opening events. Frequent communications through multiple channels will remind the public of the historic event represented by the object and will encourage future patronage and connection to the historic event and people. This policy document is intended to offer strategic communication standards and guidance to enhance public support and connection.

1.2 Key Roles and Responsibilities

1.2.1 City Manager – The City Manager has overall responsibility for policy currency and process integrity. The City Manager will also assure budget allocation is secured for upkeep and restoration requirements.

1.2.2 City Council – The City Council has final approval authority for historic preservation and heritage projects, including cost, design guidelines and specifications, and criteria adherence.

1.2.3 Recreation and Community Services Manager – The Recreation and Community Services Manager has responsibility for fielding project and naming requests, certifying nominee eligibility, validating nominee record, grants applications, and coordinating with Port Hueneme Citizen Advisory Commission for nominee recommendation advancement to the public and City Council.

1.2.4 Port Hueneme Citizen Advisory Commission – The Advisory Commission will be responsible for applying due diligence and exacting standards in review of screened applicants, design guidelines and specifications, costs, location, and public support associated with historic preservation and heritage projects. Their review will produce a recommendation to either proceed or terminate the application.

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1.2.5 City Clerk – The City Clerk is responsible for advancing an Advisory Commission recommendation to proceed through the deliberative process of public comment and City Council action. The City Clerk will also be responsible for coordination of State Historic registry is applicable.

1.2.6 Public – The public is encouraged to participate in this process through nominations, public comment, sponsorship, donations, and patronage.

1.3 Historic Preservation and Heritage Goals and Objectives

1.3.1 Given limited space and resources, provide equitable treatment to historically significant people and events through judicious use of property and facilities according to their relative value contribution to City, County, State, or National history.

1.3.2 Encourage and accommodate Public participation in the process of connecting City history to the present and the future, through open and transparent history preservation and heritage project development and execution.

1.3.3 Fully consider and be mindful of the impact to community and economic development that that this program has the potential to create.

1.3.4 Once erected, these important projects must be maintained, restored when needed, promoted, and celebrated in a manner suitable to the honor and prestige originally intended.

Section 2 – Property, Facilities, Equipment, and Events

2.1 City Owned Public Property

2.1.1 Parks and Park Equipment – Based on visitor patronage and/or size, City Parks are ranked in descending dignity value as follows:

1. Hueneme Beach Park: 50-acre park with beach and ocean access, barbecue pits, flag plaza, Flight 261 Memorial, paid parking, picnic areas, public restrooms, sand volleyball courts, snack bar building, restaurant, and walking paths

2. Bubbling Springs: 21-acre community park with children’s play equipment, picnic sites, barbecue pits, public restrooms, 2-3 hard ball fields, one T-ball field, concession building

3. Bubbling Springs Corridor: 7-acre pathway system along drainage channel that opens to Hueneme Beach Park.

4. Moranda Park: 8-acre park with two basketball courts, 2 softball fields, 6 tennis courts, 5 pickle ball courts, children’s play equipment, multi-purpose building, public rest rooms

5. Bolker Park: 4-acre neighborhood park with children’s play equipment and picnic tables

6. Dewar Park: Mini park with landscaped seating and small plaza.

7. Wene’mu Park: Mini park with turf/landscaping, seating and a small walking path.

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2.1.2 Facilities – Based on public visibility, patronage, and access, City Facilities are ranked in descending dignity value as follows:

1. Pier: 1,250 ft over the beach and ocean extension for viewing and fishing.

2. Port Hueneme Lighthouse and Promenade: Historic lighthouse from 1941.

3. Community Center (Orvene S. Carpenter): Multipurpose event and classroom facility.

4. Port Hueneme Historical Society Museum: Ventura County Landmark #32.

5. Port Hueneme Library (Ray D. Preuter): 15,064 square ft multipurpose library.

6. City Hall: Police Department, Administration, and City Council

7. Public Works: Public works administration and maintenance yard.

8. Housing Annex: Housing administration and storage.

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2.2 City Events

2.2.1 Current and Future Events- The most persistent and well-known City event is the Annual Beach Festival. Additional future events may be eligible for historic preservation or heritage connections through this policy as well.

Section 3 – Naming or Renaming Requirements

3.1 General Criteria

3.1.1 Public Image – If an existing named property or facility can be associated with a controversial, illegal, or immoral activity or enterprise, which is detrimental to the City’s image, mission, or ethical standards, the property or facility name may be revoked at City Council discretion. It is important that great care be applied during the naming process due diligence phase in order to preclude this from happening in the future.

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3.1.2 Private Funding – The donation of property or facilities, or any funds provided for acquisition, renovation, or maintenance of property or facilities, shall not constitute a City obligation to name the property or facility after an individual, family, or organization.

3.1.3 Cost Assignment and Responsibility – Assuming Council approval, all costs including staff time, labor, and materials associated with the installation of plaques, monuments, memorials, art and/or the replacement of signs resulting from this policy will be borne by the individual, group, or organization sponsoring the request. Financial consideration for maintenance, upkeep, and restoration of historic and heritage preservation objects, is also a precondition of project approval and execution.

3.1.4 City Sponsored Projects – The City will sponsor and fund no more than one historic preservation and heritage project annually. These projects will be dedicated to former City Elected Officials, former City Employees, and standout Community Service Leaders who have demonstrated sustained extraordinary service and leadership in support of community heritage, economic development, or environmental stewardship. The memorial object will be limited to a standard 3D bronze relief/portrait plaque mounted on a standard concrete or rock stanchion. Inscriptions will specify the time of service and the most significant contribution they are being recognized for. The placement location will be limited to the Bubbling Springs corridor walkway between Moranda Park and Surfside Drive or the Beach Park walkway between the pier and Ventura Road promenade.

Exceptions to this standard will require unanimous City Council approval.

3.1.5 City Sponsored Events – Any City sponsored event may be used to promote cultural heritage or city history by including a properly approved dedication name in dedication branding, marketing material, and themes. The event should also consider honoree rotations to optimize historic connection to newer residents and visitors.

3.1.6 Installation of Approved Items – All projects must be compliant with state and local laws and all permitting requirements must be satisfied prior to project start.

3.2 Special Criteria

3.2.1 Renaming Special Consideration - Renaming a property or facility, except for clear and valid negative image issues, must not be taken lightly. Advocates must provide compelling justification for such a change considering the historic significance and costs associated with renaming. As such, a thorough study is required to execute such a change and a unanimous Council vote would be preferred. Furthermore, the City will only consider renaming to commemorate a person or persons, posthumously, when the person or persons have a made a major, overriding contribution and whose distinctions are as yet unrecognized.

3.2.2 Street Renaming Special Consideration - It is the intent of this policy to prohibit, except under extraordinary circumstances, the renaming of City streets. As such, written approval by 66% of effected property owners is required and a super majority (4-1) City Council vote is preferred.

Effected property owners are defined as houses or businesses that use the street name in their address or for streets that connect with adjacent jurisdictions.

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Section 4 – Standards, Process, and Procedure

4.1 Naming of City-Owned Public Buildings and Properties (other than Parks and Park Facilities)

4.1.1 Basic Naming Standard - The City will choose names for public buildings and properties owned by the City of Port Hueneme based on the building’s relationship to any of the following criteria:
- Neighborhood, geographic, ethnic or cultural history, or common usage identification - Building or property’s purpose
- A natural or geographic feature
- An historical figure or place
- An individual, living or deceased, who has made a significant land, building, or monetary contribution to the city for the building or property to be named - An individual, living or deceased, who has contributed outstanding civic service to the city, and, if deceased, has been so for a period of at least one year, unless the nomination occurred prior to passing
- An individual that made lasting and significant contributions to the protection of natural or cultural resources
- An individual that made substantial contributions to the betterment of a specific facility or park - An individual that made substantial contributions to the advancement of commensurate types of recreational opportunities
- An individual directly responsible for a significant economic development or redevelopment activity
- An individual directly responsible for a significant quality of life improvement - An individual who has volunteered 10 or more years to community service

4.1.2 Interior Features - The interior features of a City-owned building may be named separately from the main building subject to standard naming procedures.

4.1.3 Sunset Naming - Designation of name shall not prohibit the renaming of the building or property at a future date, or the designation of a sunset for the name at the time of approval. Name changes shall be subject to both standard and special criteria.

4.1.4 Initiation – In order to be considered, nominations must be submitted through the Recreation and Community Services Division using enclosure (2) nomination and application form.

4.1.5 Staff Screening – The Recreation and Community Services Division will review the application for completeness, accuracy, and criteria thresholds and then forward the application with recommendation and justification for either denial or further processing to the Deputy City Manager. The Deputy City Manager will validate the initial application disposition and forward to the Citizen Advisory Commission for processing.

4.1.6 Citizen Advisory Commission Screening – The Citizen Advisory Commission will conduct a comprehensive review of a candidate’s record. If the candidates record and policy criteria warrant such an action, the Citizen Advisory Commission will also confirm that all costs associated with the action are accounted for. With both conditions satisfied, the Citizen Advisory Commission will forward a recommendation to the Deputy City Manager for City Council action and the applicant will be notified. If either condition is not met, the process will be terminated, and the applicant will be notified.

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4.1.7 Public Comment – The Deputy City Manager will coordinate staff reports and public comment options in advance of a City Council Action.

4.1.8 City Council Action – The City Council will vote to approve Citizen Advisory Commission recommendation, subject to public comment contributions. Although not required, the historic preservation and heritage value is enhanced through unanimous City Council approval.

4.2 Naming of City-Owned Parks and Park Facilities

4.2.1 Basic Naming Standard - If a new park or park facility is created, a working name for a park or park facility will be assigned by the City Recreation and Community Services Division at the time of property acquisition or property repurposing. Suggested names will be historical, geographical, or the name of a boundary street. A permanent name for the park or park facility will be assigned at the time of the approval of the interim use and management plan or final park development plan, whichever occurs first. In naming parks and park facilities, consideration shall be primarily given to:
- Neighborhood, boundary roads, or common usage identifications - A natural or geographic feature
- Significant historical events or cultural attributes
- A historical figure
- A name chosen by an individual (living or deceased) who has made a significant land and/or monetary contribution to the park system
- An individual who has contributed outstanding service to the City or has been instrumental in acquiring or developing parks properties and who has been deceased for a period of at least one year
- Organizations having contributed to and influenced the betterment of the City - Parks and park facilities shall not ordinarily be named for living persons unless they have stipulated the name as a condition of donation or unless the park or park facility is part of a regional facility that is named in conjunction with other governmental entities

4.2.2 Initiation – Suggestions for parks or park facilities names shall be solicited from organizations, neighborhood residents, individuals and the media. All suggestions, solicited or not, shall be acknowledged and recorded for consideration by the Recreation and Community Services Division.

The Recreation and Community Services Division shall host a community meeting to provide an opportunity for public comment on name recommendations. The Recreation and Community Services Division shall wait at least one year between receipt of a name proposal related to a current event before final recommendation of that name.

4.2.3 Staff Screening – The Recreation and Community Services Division will review candidate names for criteria thresholds and then forward a recommendation list for further processing to the Deputy City Manager. The Deputy City Manager will validate the list and forward to the Citizen Advisory Commission for processing.

4.2.4 Citizen Advisory Commission Screening– The Citizen Advisory Commission will conduct a comprehensive review of naming recommendations and make a selection. The Citizen Advisory Commission will also confirm that all costs associated with the action are accounted for. With both conditions satisfied, the Citizen Advisory Commission will forward a recommendation to the Deputy Agenda Item No. 10 Page 16 of 45 CC Agenda 03-18-2024
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City Manager for City Council action. If either condition is not met, the process will be terminated, and the public will be notified.

4.2.5 Public Comment – The Deputy City Manager will coordinate staff reports and public comment options in advance of a City Council Action.

4.2.6 City Council Action – The City Council will discuss and vote to approve Citizen Advisory Commission recommendation. Although not required, the historic preservation and heritage value is enhanced through unanimous City Council approval.

4.3 Monuments, Memorials, Public Art, and other objects within City-Owned Property and Facilities.

4.3.1 Initiation – Any individual, organization, or group may apply for the establishment of historic preservation and heritage objects using enclosure (2) nomination and application form.

Note: The applicant must be prepared to fund all project costs to include maintenance and restoration. The object design and size must be consistent with assigned location public safety requirements, design themes, and location value precedent.

4.3.2 Recommendation Process and Procedure – Staff and Citizen Advisory screening and recommendations will be identical to section 4.1 Naming of City-Owned Public Buildings and Properties procedures.

4.3.3 Approval Process and Procedure – Public comment and City Council approval will be identical to section 4.1 Naming of City-Owned Public Buildings and Properties procedures.

4.4 Monuments, Memorials, Public Art, and other objects within Privately-Owned Property and Facilities.

4.3.1 Initiation – Any individual, organization, or group must apply for the establishment of any object using enclosure (2) nomination and application form, if the public can visually experience the object from public commons.

4.3.3 Approval Process and Procedure – Public comment and City Council approval will be identical to section 4.1 Naming of City-Owned Public Buildings and Properties procedures.

4.5 City Event Naming

4.5.1 Initiation, Screening and Approval – Any City sponsored event may be used to promote cultural heritage or city history by including a properly approved dedication name in dedication branding, marketing material, and themes. The event should also consider honoree rotations to optimize historic connection to newer residents and visitors. Initiation, screening, Agenda Item No. 10 Page 17 of 45 CC Agenda 03-18-2024
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recommendations, public comment and City Council approval will be identical to section 4.2 Naming of City-Owned Parks and Park Facilities procedures.

Section 5 – Annual Hueneme Hero Award

5.1 Hueneme Hero Award Standards

5.1.1 Overview and Significance – There is extreme value in recognizing recent extraordinary community contributions associated public safety, community development, cultural heritage, community service, environment, and economic development. It also serves to connect historic heroes and heritage to the present.

5.1.2 Community Contribution Evaluation Period – Nominee contributions must have occurred between 1 May and 30 April of the year preceding the award presentation.

5.1.3 Nomination Submission Period – Nominations must be submitted by 1 June following the evaluation period.

5.1.4 Award Presentation – Award recognition and presentation will occur during the Annual Beach Festival.

5.1.5 Nature of Award - The award will consist of a City proclamation and citation, a City Hall lobby framed portrait with award branding, and the name inscribed on a perpetual Hero bronze plaque.

There is nothing that would preclude multiple awards.

5.1.6 Award Grandfathering – Since this award was established in July 2020, considerations for the past five years will be considered. Beyond that, other options in this policy document should be considered.

5.1.7 Public Service Announcement and Community Engagement – All communication tools should be used in a timely and consistent manner to encourage participation, nominate deserving candidates, and promote community service.

5.2 Hueneme Hero Award Process and Procedures

5.2.1 Initiation – Nominations from organizations, corporations, residents, individuals and the media are all acceptable, assuming they occur within the acceptance window and are associated with the period under review. Enclosure (2) Nomination and Application Form must be used for submittals.

5.2.2 Staff Screening – The Recreation and Community Services Division will review candidate names for criteria thresholds and then forward a recommendation list for further processing to the Deputy City Manager. The Deputy City Manager will validate the list and forward to the Citizen Advisory Commission for processing.

5.2.3 Citizen Advisory Commission Screening – The Citizen Advisory Commission will conduct a comprehensive review of award recommendations and make a selection. The Citizen Advisory Commission will forward a recommendation to the Deputy City Manager for City Council action.

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5.2.4 Public Comment – The Deputy City Manager will coordinate staff reports and public comment options in advance of a City Council Action.

5.2.5 City Council Action – The City Council will vote to approve Citizen Advisory Commission recommendation. Although not required, the historic preservation and heritage value is enhanced through unanimous City Council approval.
.

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Attachment (1)
Steps for Establishing a Memorial
Inititiate
Download & Complete Form
Collect
Letters of Support and
Validation
Design
Determine Project Size,
Features, and Style
Location
Determine Project Primary
and Secondary Site
Fund
Identify and Secure Funding
Submit
Provide Recreation And
Community Services
Completed Package
Initial Validation
City Staff Will Review for
Completeness and
Requirements Met
Citizen Advisory Commission
Schedule, Announce, and
Agendize Review Session
Public Comment
Provide Minimal 2 Weeks for
Public Comments
City Council
Receive Recommendations
and Public Comment then
Approve/ Disapprove Project
Execute
Allocate Funds, Construct,
Schedule Ceremony, Formal
Dedication
Communicate
Historic Preservation
Communication Plan
Preserve
Preventive Maintenance,
Inspection, Restoration
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Attachment (2)
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POLICY/STANDARD OPERATING PROCEDURE
Attachment (2)
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Attachment (3)
Steps for California Historical Resource Registration
Evaluate Designation
Criteria
http://ohp.parks.ca.gov
Checklist and DPR 523
Forms Complete Application
Notify City Clerk of
Intent to File
City Provide Written
Comments (90 Days)
Forward Application to
Office of Historic
Preservation (OHP)
OHP Notification of
Packet Completion OHP Staff Review
Quarterly State Historic
Resources Commission
Meeting
Listing in California
Register if Approved
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Attachment (4)
List of Port Hueneme Historic Preservation and Heritage Objects and Sites Reference #
YY-001
Project
Name
Project
Date
Project
Type
Project
Site
Project
Cost
PMI
Cost
OHP
Registry
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Attachment B
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Richard Bard Monument
Honoring the Vision and the Dream
Attachment C
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MONUMENTAL SCULPTURE OF RICHARD BARD
BY
MARCO A. OVIEDO II
About the Artist
Marco A. Oviedo is a visionary woodcarver and bronze sculptor and awardwinning artist who lives and works in Chimayo, New Mexico. He comes from a family that has produced art for several generations. The piñon-juniper dotted foothills of historic Chimayo provide the perfect backdrop for the traditional woodcarving and unique contemporary bronze sculpture that Marco produces.

The bronze sculptures are made in his own private foundry that he established in 1990, in which he uses materials made in the USA. Today it remains the only full foundry in operation in New Mexico. His work is displayed in Museums, Public Spaces, and Collections throughout the Southwest.

Proposal for creating the totally handmade original master Sculpture Preliminary Study and Work Plan
Bronze sculpture is the heart of plastic arts because of the qualities bronze metal has—non-corrosive, retains patina, passes fine detail that the artist includes to the final casting with amazing clarity and character. Marco will follow the following methods to make the monumental sculpture of Richard Bard.

Study the Subject
Several photographs have been provided to study and define the physical size and proportions of the subject, and a sketch has been made of the proposed sculpture. (See Attachment 1)
Build an Armature
An armature to mimic the subject’s anatomical proportions—arms, legs, torso, head, feet, will be based on a trace of the subject’s full body and a diagram is made. The full body structure is made out of metal tubing and round metal rod that is welded together to have the correct proportions. Then the “skeletal” armature is covered with a metal mesh to mold the three-dimensional proportions of the sculpture. (See Attachment 2)
Plaster cover of Armature
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surface is smoothed over with abrasives to add detail and produce a natural pose.

Clay Covering of Surface
The surface of the plaster is covered with an oil-based clay to elaborate the final details in the face, lips, eyes, hair, hands, shoes, suit, tie, etc. This coat shows even the fingerprints of the artist working the clay onto the surface moving the clay to add an artistic touch not only be like a plain surface. The final coat in the master original needs to show character and elegance.

First Negative Mold
Make a complete mold of the total sculpture by applying several coats of RTV rubber over the original. After six coats of rubber and keys for memory and separation are placed in parts over the original for structure, another plaster mold to hold the rubber mold in precise place is made. After setting, the mold is cut away from the original.

Wax Positive
On the surface of the open rubber mold that has the impression of the sculpture, several coats of foundry wax are brushed onto the surface of the mold. When cooled the wax can be separated from the mold and we have a wax positive of the original master piece.

Dressing and Spruing the wax
The wax is then cut in segments including the legs, arms, torso, head, shovel, etc. The integrity of the piece is then restored in the wax, removing seams, bubbles, and filling in missing details. Then, contraction and feeder wax bars, and feeding cups, vents and feeds, must be connected to the wax.

Clay/Sand Ceramic Mold (Second Negative Mold)
The wax is then dipped and covered with a special slurry, then the slurry-covered wax is covered with twelve coats of sand, one at a time, starting with four coats of fine sand, four coats of medium size sand, and finally four coats of coarse sand. These molds are left to cure for a few days
Dewax Molds
After curing, the sand/clay/ceramic molds are placed in an oven with feeding cups pointed down, and the wax is melted out (thus the lost-wax procedure) Casting (Bronze Positive)
The empty ceramic molds are placed in an oven at 1800 degrees Fahrenheit.

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Bronze is melted in a crucible placed in a gas-fired furnace (molten bronze is 2200 degrees), then is poured into the ceramic molds. When the bronze solidifies, the ceramic molds are broken and the bronze casting released.

Chasing
The next step is to establish the integrity of the sculpture in the bronze. After casting, the contraction and feeder bars must be cut, the bronze cleaned and investment removed, vents and windows welded onto the piece, then grind off the welding marks and recuperate the original texture on the bronze that the piece has.

Patina
After the bronze has been chased, the piece is sand blasted and the patina is applied. Patina is a chemical reaction with the metal, and depending on the type of chemical, concentration of the chemical, and the intensity of the heat with which it is applied, makes the bronze show different color or tones.

Post-patina and Mounting
After the patina, details are enhanced on the sculpture by polishing, or engraving certain parts. The sculpture is prepared for proper mounting for display.

The above-described process for this piece will take anywhere from eight to ten months to complete.

Artist Bio:

MARCO ANTONIO OVIEDO II
Artist Bio
Marco Antonio (Tony) Oviedo II is the son of Master sculptor and Santero, Marco A. Oviedo, and was raised as a woodworker and Santero in beautiful northern New Mexico. He started woodworking in father’s shop at a young age and went on to begin sculpting and casting in bronze in his family’s foundry in 1990. He apprenticed with his father before attending Art School at University of New Mexico, and graduated in 2002 with a Bachelors Degree in Fine Arts.

Additionally, he studied sculpture, foundry and bronze pouring techniques at New Mexico Highlands University. Working with his father he learned the intricate techniques of bringing bronze sculptures to life, and eventually became the foundry manager.

Tony won Best Sculpture Award in 2004 at the Spanish Market Contemporary Art category, and again in 2005 he won Best of Show. His work is in several museum collections in the United States. Tony combines bronze sculpting, traditional saint making and the study of mythology to create art that blends story, the psyche, catharsis and transformation. He works in several different media: wood, stone, bronze, painting and drawing, and has a passion for creating earthworks and sacred spaces. He lives and works on a small farm in northern New Mexico along the Rio Grande.

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COMMUNITY BENEFIT FUND

MONUMENT INFORMATION
Prepared by Adam Vega,
Community Outreach Specialist
Attachment D
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Port Hueneme City CouncilMarch 18, 2024

Port Hueneme City Council
March 18, 2024