Port Hueneme City Council
September 16, 2024

CC Agenda 09-16-2024
Qty Part # Description List $ Selling $ Ext. Selling $
9130 PIP GT-Impax - 9,130 SF of 8-10' CFH-
**List Price $243,281.10, discounted per OMNIA Contract 9,130 total sf, 8' - 10' CFH
Includes a color mix of 50% Black and 50% Standard Colors North Area - 2-5
4,190 Total SF
850 SF color mix of Standard Blue
3,340 SF color mix of Standard Beige
8'CFH
Quote includes a 3.25" cushion layer and a 0.5" wear layer South Area - 5-12
4,940 SF
1,681 SF color mix of Standard Blue
3,259 SF color mix of Standard Beige
10'CFH
Quote includes a 4.0" cushion layer and a 0.5" wear layer No Design
No TTA
Aromatic Binder
Prevailing Wages
$21.85 $21.85 $199,490.50
1 INSTALL Install - Mobilization to Port Hueneme. Includes receiving/ unloading of equipment and bathroom if neededPrevailing Wages
$2,330.00 $2,330.00 $2,330.00
1 INSTALL Install - Installation of Option 3 Gametime play equipment per Drawing #110995-01-Opt 3-
Prevailing Wages
$51,955.00 $51,955.00 $51,955.00
1 INSTALL Install - Construction of Substrate 4" of compacted aggregate 9,130 SFPrevailing Wages$42,525.00 $42,525.00 $42,525.00 1 INSTALL Install - Temporary 6' high chain link fencingPrevailing Wages$2,915.00 $2,915.00 $2,915.00 Contract: OMNIA #2017001134 Sub Total $509,631.01
Freight $11,700.00
Tax $18,411.36
Total $539,742.37
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/21/2024
Quote #
110995-01-04
Bubbling Springs Park Playground Option 3A
Agenda Item No. 10 Page 76 of 123

CC Agenda 09-16-2024
Comments
Your Sales Rep is Tyler Kyriopoulos. Please reach out to Tyler at 435-760-5103 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL-To include a Payment and Performance Bond, please add $8,245 plus tax if applicable.

Shipping to Site Address:

Bubbling Springs Park
850 Bard Rd
Port Hueneme, CA 93041
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Customer is responsible for offloading.

Prevailing Wages
OMNIA # 4001901
BID ALT:
#1- Hip Shade- $10,727 (shade) + $180 (Advanced Bolt Template Freight) + $845 (Signed and Sealed Drawings) + $2,970 (freight) = $14,722 plus tax
L:35 x W:30 x H:10
Installation of 35'x30'x10' Hip Canopy. Includes rebar cages. Prevailing Wages- $18,290 GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/21/2024
Quote #
110995-01-04
Bubbling Springs Park Playground Option 3A
Agenda Item No. 10 Page 77 of 123

CC Agenda 09-16-2024
Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card:  If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment.  This fee is shown as a separate line item and included in the total amount charged to your credit card.  You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:

ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.

FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.

UTILITIES: Owner is responsible for locating any private utilities.

ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/21/2024
Quote #
110995-01-04
Bubbling Springs Park Playground Option 3A
Agenda Item No. 10 Page 78 of 123

CC Agenda 09-16-2024
ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Purchase Amount: $539,742.37 Date: _______________________________ ________________________________________________________________ Signature
Please fill out this ORDER FORM, this is required to process the order.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/21/2024
Quote #
110995-01-04
Bubbling Springs Park Playground Option 3A
Agenda Item No. 10 Page 79 of 123

CC Agenda 09-16-2024
IPEMA ASTM F1487-21 CERTIFICATE OF COMPLIANCE
ISSUE DATE: August 5, 2024
Requested By: Michaella
Project: Bubbling Springs Park Playground- Opt 3v2
In the interest of public playground safety, IPEMA provides a third-party certification service whereby TÜV SÜD America validates a manufacturer's certification of conformance to the ASTM F1487-21 (excluding sections 7.1.1, 10, 11.2, 11.3,

13.1.1, 13.1.2, 13.2, and 13.3) Standard Consumer Safety Performance Specification for Playground Equipment for Public Use.

The manufacturer listed below has received written validation from TÜV SÜD America that the product(s) listed conform with the requirements of ASTM F1487-21 (excluding sections 7.1.1, 10, 11.2, 11.3, 13.1.1, 13.1.2, 13.2, and 13.3).

This certificate is invalid if any component or part is replaced, unless purchased from the original manufacturer and assembled in accordance with the original equipment manufacturer’s instructions. Check with the manufacturer to determine the validity of the certification of the product(s) listed prior to using this certificate for proof of certification.

MODEL # COMMERCIAL NAME OF PRODUCT PRODUCT LINE MANUFACTURER 12268 Wavy Tree Climber 4’6″/5′ Primetime GameTime
12267 Wavy Tree Climber 3’6″/4′ Primetime GameTime
10768 Toad Stool Seat Gt event GameTime
10777 Tire Swing, Arch Uprights Gt event GameTime
10740 Swing Frame, Single Post Gt event GameTime
12583 Swing Frame, P/T Gt event GameTime
12446 Panel, Lil’ House Primetime GameTime
12205 Overhead Tree Climber 1’6” thru 3’ Link Primetime GameTime 12206 Overhead Tree Climber 1’6” thru 2’ Attachment Primetime GameTime 12413 Molded Steering Wheel Primetime GameTime
12502 Li’l Foot Slide Primetime GameTime
12219 Horizontal Loop Ladder, Straight, 2’6″ & 3′ Primetime GameTime 12221 Horizontal Loop Ladder, 90-degree, 2’6″ & 3′ Primetime GameTime 12225 Horizontal Loop Ladder, “S” Reverse, 2’6″ & 3′ Primetime GameTime 12217 Horizontal Ladder 2′-6″ & 3′ Attachment Primetime GameTime 12216 Horizontal Ladder 1′-6″ & 2′ Attachment Primetime GameTime 12055 Handhold Transfer Primetime GameTime
12403 Flat Mirror Enclosure Panel Primetime GameTime
12215 Crunch Bar Primetime GameTime
12421 Counter Panel Primetime GameTime
12123 Clover Climber 4’/4’6″ Primetime GameTime
12138 Clover Climber 4’/4’6″ Primetime GameTime
12202 Chinning Bar, Two-Level Primetime GameTime
12203 Chinning Bar, Three-Level Primetime GameTime
12201 Chinning Bar, One-Level Primetime GameTime
12437 Barrier, 1′, Deck Opening, 36″ Wide Primetime GameTime 10848 Arch Swing Frame, Add-A-Bay, 5” Toprail Gt event GameTime 10847 Arch Swing Frame, 2-place, 5” Toprail Gt event GameTime 12328 4’Crawl Tube W/Spy Holes Primetime GameTime
12207 Primetime GameTime
Agenda Item No. 10 Page 80 of 123 CC Agenda 09-16-2024
IPEMA CSA Z614:20 UPDATE NO. 1 CERTIFICATE OF COMPLIANCE ISSUE DATE: August 5, 2024
Requested By: Michaella
Project: Bubbling Springs Park Playground- Opt 3v2
In the interest of public playground safety, IPEMA provides a third-party certification service whereby TÜV SÜD America validates a manufacturer's certification of conformance to CSA Z614:20 Update No. 1 (excluding clauses 10 and 11) Children’s Playspaces and Equipment.

The manufacturer listed below has received written validation from TÜV SÜD America that the product(s) listed conform with the requirements of CSA Z614:20 Update No. 1 (excluding clauses 10 and 11).

This certificate is invalid if any component or part is replaced, unless purchased from the original manufacturer and assembled in accordance with the original equipment manufacturer’s instructions. Check with the manufacturer to determine the validity of the certification of the product(s) listed prior to using this certificate for proof of certification.

MODEL # COMMERCIAL NAME OF PRODUCT PRODUCT LINE MANUFACTURER 10768 Toad Stool Seat Gt event GameTime
10777 Tire Swing, Arch Uprights Gt event GameTime
10740 Swing Frame, Single Post Gt event GameTime
12583 Swing Frame, P/T Gt event GameTime
12446 Panel, Lil’ House Primetime GameTime
12205 Overhead Tree Climber 1’6” thru 3’ Link Primetime GameTime 12206 Overhead Tree Climber 1’6” thru 2’ Attachment Primetime GameTime 12219 Horizontal Loop Ladder, Straight, 2’6″ & 3′ Primetime GameTime 12221 Horizontal Loop Ladder, 90-degree, 2’6″ & 3′ Primetime GameTime 12225 Horizontal Loop Ladder, “S” Reverse, 2’6″ & 3′ Primetime GameTime 12217 Horizontal Ladder 2′-6″ & 3′ Attachment Primetime GameTime 12216 Horizontal Ladder 1′-6″ & 2′ Attachment Primetime GameTime 12055 Handhold Transfer Primetime GameTime
12215 Crunch Bar Primetime GameTime
12421 Counter Panel Primetime GameTime
12202 Chinning Bar, Two-Level Primetime GameTime
12203 Chinning Bar, Three-Level Primetime GameTime
12201 Chinning Bar, One-Level Primetime GameTime
12437 Barrier, 1′, Deck Opening, 36″ Wide Primetime GameTime 10848 Arch Swing Frame, Add-A-Bay, 5” Toprail Gt event GameTime 10847 Arch Swing Frame, 2-place, 5” Toprail Gt event GameTime 12207 Primetime GameTime
Agenda Item No. 10 Page 81 of 123 CC Agenda 09-16-2024
IPEMA CSA Z614:20 UPDATE NO. 1 CERTIFICAT DE CONFORMITÉ Date de Délivrance Initiale: août 5, 2024
Demandé par: Michaella
Nom du parc: Bubbling Springs Park Playground- Opt 3v2
Dans l'intérêt de la sécurité au terrain de jeu, IPEMA offre une certification par une tierce partie et TÜV SÜD America valide une certification par le fabricant de la conformité à la norme CSA Z614:20 Update No. 1 (excluant les articles 10, 11) les enfants les espaces de jeu et du matériel.

Le fabricant ci-dessous a reçu la validation de la part de TÜV SÜD America que les produits énumérés ci-dessous sont conformes aux exigences de la norme CSA Z614:20 Update No. 1 (excluant les articles 10, 11).

Ce certificat n'est pas valide si un composant ou une pièce est remplacé, à moins que le composant soit acheté du fabricant d'origine et assemblé conformément aux instructions du fabricant de l'équipement. Vérifiez auprès du fabricant pour déterminer la validité de la certification du (des) produit(s) indiqué(s) avant d'utiliser ce certificat pour la preuve de la certification.

MODÈLE no NOM COMMERCIAL DU PRODUIT LIGNE DE PRODUIT MANUFACTURIER 10768 Toad Stool Seat Gt event GameTime
10777 Tire Swing, Arch Uprights Gt event GameTime
10740 Swing Frame, Single Post Gt event GameTime
12583 Swing Frame, P/T Gt event GameTime
12446 Panel, Lil’ House Primetime GameTime
12205 Overhead Tree Climber 1’6” thru 3’ Link Primetime GameTime 12206 Overhead Tree Climber 1’6” thru 2’ Attachment Primetime GameTime 12219 Horizontal Loop Ladder, Straight, 2'6" & 3' Primetime GameTime 12221 Horizontal Loop Ladder, 90-degree, 2'6" & 3' Primetime GameTime 12225 Horizontal Loop Ladder, "S" Reverse, 2'6" & 3' Primetime GameTime 12217 Horizontal Ladder 2′-6″ & 3′ Attachment Primetime GameTime 12216 Horizontal Ladder 1′-6″ & 2′ Attachment Primetime GameTime 12055 Handhold Transfer Primetime GameTime
12215 Crunch Bar Primetime GameTime
12421 Counter Panel Primetime GameTime
12202 Chinning Bar, Two-Level Primetime GameTime
12203 Chinning Bar, Three-Level Primetime GameTime
12201 Chinning Bar, One-Level Primetime GameTime
12437 Barrier, 1′, Deck Opening, 36″ Wide Primetime GameTime 10848 Arch Swing Frame, Add-A-Bay, 5” Toprail Gt event GameTime 10847 Arch Swing Frame, 2-place, 5” Toprail Gt event GameTime 12207 Primetime GameTime
Agenda Item No. 10 Page 82 of 123 CC Agenda 09-16-2024

PALETTE COLOR SELECTIONS
Project: Approved by:______________________________________ Surfacing:

Agenda Item No. 10 Page 83 of 123 CC Agenda 09-16-2024
Agenda Item No. 10 Page 84 of 123 CC Agenda 09-16-2024

TPV POURED RUBBER
.5-1.5mm | 1-4mm

COLOR CHART
1-800-235-2440 | [email protected] | WWW.GTIMPAX.COM Standard
Beige
RH30
Standard
Red
RH01
Standard
Blue
RH20
Standard
Green
RH10
Colors shown are only a representation of our product. Please be advised that actual colors may vary depending on region.

Premium colors below line may require an aliphatic binder based on location. Consult with your area representative for details.

Light
Blue
RH22
Azure
RH23
Turquoise
RH26
Bright
Green
RH11
Dark
Green
RH12
Purple
RH21
Bright
Red
RH02
Orange
RH50
Bright
Yellow
RH41
Mustard
RH40
Dark
Grey
RH60
Light
Grey
RH61
Pale
Grey
RH65
Brown
RH32
Cream
RH31
Premium Color Options
Agenda Item No. 10 Page 85 of 123 CC Agenda 09-16-2024
gametime.com 800.235.2440
The purpose of Play On! is to promote physical activity and fun through the use of thoughtfully designed outdoor play environments and creative playground learning activities. The Play On! program provides educators and recreation professionals evidence-based best design practices to promote health and wellness — maximizing the value and potential of school and community playgrounds. PlayCore is proud to partner with physical activity experts, SHAPE America, to provide a valid solution for intentionally increasing physical activity on playgrounds through six key elements of play to promote fitness.

Play On! can be used to enhance recess, physical education, before/after school programs, special events, camps, and other programming efforts that focus on combating sedentary lifestyles and childhood obesity. The Play On! curriculum contains 125 activities for grades PreK-5 that align with national physical education standards. The program includes assessment tools, equipment lists, playground funding opportunities, send-home family resources, and design best practices. Play On! can become a vital component in efforts to strengthen, educate, and build healthier communities through play and recreation.

High-quality play environments have a critical role in promoting community health. Research indicates that when evidence-based design principles are implemented within the built environment, positive outcomes occur.

Your National Demonstration Site ensures that your community maximizes the value of your investment.

Your project thoughtfully meets the following design best practices:
• Incorporates six key elements of play that promote your physical activity — balancing, brachiating, climbing, spinning, sliding, and swinging.
• Provides a developmentally appropriate progression of skill opportunities through beginning, intermediate, and advanced playground activities.
• The overall design encourages movement and moderate to vigorous levels of activity.
• Playground programming utilizing your Complementary Play On! curriculum can further encourages active play! The program includes 125 playground activities for PreK-5th grade.
• Signage on site includes a QR Code directing visitors to share their experiences.
• Three site-specific reports provided by CORE Data Service Lab aggregate local and site-collected data to demonstrate the impact, engagement, and park user sentiments. Each report aligns with the 7 indicators of Community Vitality to provide a holistic view of the health and wellness outcomes you site contributes to the community.
• Complementary signage installed at your site to create awareness, recognize your leadership, and gather visitor feedback.
• Welcome Kit with National Demonstration Site project of excellence award.
• Marketing Tool Kit with digital tools and tips to help promote your site to the public and encourage data collection
engagement with visitors.
• Recognition on the National Demonstration Site Map, an online resource to help others find high-quality play and recreation destinations in their community.

PLAY ON!
National Demonstration Sites

PROMOTING YOUTH PHYSICAL ACTIVITY THROUGH

ACTIVE PLAY

NATIONAL DEMONSTRATION SITE BENEFITS

EVIDENCE-BASED DESIGN

DATA COLLECTION & OUTCOMES SHARING

RECOGNITION & ADVOCACY

PRESENTED BY PLAYCORE

NATIONAL DEMONSTRATION SITE
PLAY ON! PROMOTING PHYSICAL ACTIVITY
Agenda Item No. 10 Page 86 of 123 CC Agenda 09-16-2024
Product Specifications
PART 1 – GENERAL
Work Details:

This work includes furnishing and installing GT Impax recycled poured rubber surfacing.

GT Impax recycled poured rubber surfacing shall be poured in place and trowelled to provide for a resilient, seamless rubber surface installed over the specified base. The surfacing provider shall be responsible for all labor, materials, tools, equipment, and applicable taxes to perform all work and services for the installation of the surface. The surface shall be stable and slip resistant to comply with all requirements set forth in the Americans with Disabilities Act.

Quality Assurance & Compliance Details:

Impact Attenuation – ASTM F1292: Impact attenuation test results will be provided to the owner or owner’s representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G-max and Head Injury Criteria (HIC).

Accessibility of Surface Systems – ASTM F1951: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.

Coefficient of Friction – ASTM D204: All products must meet a minimum standard on coefficient of friction of .9-wet, 1.0 dry.

Permeability: Product shall meet or exceed a coefficient of permeability of 0.4 gallons per square yard per second.

Tensile Strength – ASTM D412: This test indicates a product’s ability to stretch, and how far it will stretch before it breaks. Test results for wear course must be a minimum tensile strength of 60 PSI and minimum % elongation @ break of 140%.

IPEMA Certification: Manufacturer must provide proof of certification. “In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer’s certification of conformance to ASTM F1292. A list of current validated products, their thickness and critical heights may be viewed at www.ipema.org.”

Agenda Item No. 10 Page 87 of 123 CC Agenda 09-16-2024
Product Specifications
Submittal Details:

Submittal packages shall include but not be limited to: (1) product samples, (2) supplier’s written warranty, and (3) independent laboratory results.

PART 2 – MATERIAL DATA:

Polyurethane Primer and Binder – 100% Single Component Polyurethane Binding Agent – Methylene Dephenyl Isocyanate (MDI) based binder.

Aromatic Binder – All projects will include aromatic binder unless project specifies the use of aliphatic binder. The natural properties of the aromatic binder are to present a yellow tint which may cause some EPDM/TPV colors to amber. The yellowing affect is more common on lighter EPDM colors and will wear off with foot traffic and weathering.

Aliphatic Binder – This binder is available upon request but at an added cost to the over all project. Aliphatic binder is all clear providing full EPDM/TPV color from day one.

This binder has a higher resistance to ultra violet light and provides a greater resistance to wear.

Impact Course – The impact layer is to be a precise combination of 100% recycled black Styrene Butadiene Rubber (SBR) and polyurethane binder. This recycled rubber is shredded, mixed with binder and hand-toweled to create a seamless application. The impact course thickness, as specified by owner or architect, must be composed of recycled rubber and free of foreign matter.

Wear Course – The wear course is made of Ethylene Propylene Diene Monomer (EPDM) or Thermal Plastic Vulcanized (TPV) pigmented rubber granules with polyurethane binder.

Thickness of the wear course shall be a minimum ½”.

EPDM – The granule size will be 1-3 mm in diameter
TPV – the granule size will be 1-4 mm in diameter
Colors - The color of GT Impax recycled poured rubber surfacing will be indicated on plans. Owner or owner’s representative will be responsible for selecting standard blends. Selection of either standard color blends or custom color blends must be made at time quotation is being requested. EPDM colors are available in 100% black and a variety of colors. Ask you GameTime representative for available color combinations.

Note: If graphic designs and color transitions are used, they shall be full wear course depth. Color(s) to be determined by architect. Graphic Templates are the responsibility of the Architect or owner.

Agenda Item No. 10 Page 88 of 123 CC Agenda 09-16-2024
Product Specifications
PART 2 – MATERIAL DATA CONTINUED:

Physical Properties:

Tensile Strength (ASTM D412) 60 PSI, minimum
Elongation at Break (ASTM D412) 140%, minimum
Flammability (ASTM D2859) Pass
Coefficient of Friction (ASTM D204)
Wet 0.9, minimum
Dry 1.0, minimum
Water Permeability 0.4 gal. /sq. yd. /sec., minimum
PART 3 – SUB-BASE TYPES & DETAILS:

Sub-base Requirements - The base shall have the specific maximum slope (2%) and shall vary no more than 1/8” when measured in any direction with a 10’ straight edge.

Stone – The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of poured rubber surfacing. Failure to provide proof of compaction test will void 5-year warranty of PIP surfacing should signs of sub-base failure occurs.

Depth: 4 inch minimum thickness.

Slope: Stone elevation shall maintain ¼” per foot toward low end.

Porosity: Base course shall maintain porosity for direct drainage.

Enclosure: Stone base course must be surrounded by a retaining curb.

Drainage: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable.

Tolerances: ¼” in any 10-foot direction and 1/8” in any 3-foot direction.

Stone Selection: It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be wetted during mixing operations if necessary for proper blending.

Stone Graduation U.S. Sieve Percent Passing
1" 100

3/4" 90 - 100

No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Agenda Item No. 10 Page 89 of 123 CC Agenda 09-16-2024
Product Specifications
PART 3 – SUB-BASE TYPES & DETAILS CONTINUED:

Concrete or Asphalt – Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to arrival of poured rubber installation crews.

Depth: 4 inch minimum thickness.

Slope: Concrete or asphalt shall maintain ¼” per foot.

Tolerance: Concrete must maintain a tolerance of 1/8” in 10 ft. to avoid low areas that will hold water under the poured rubber surfacing.

PART 4 – SITE PREPARATION AND REQUIREMENTS:

Drainage – Having proper drainage at the low end of the concrete slab is of utmost importance.

Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub-base or a minimum of 1/8" below top of concrete slab, as GT IMPAX recycled poured rubber surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas, as the drains may not be covered with GT IMPAX poured rubber surfacing. Recommended locations for drains are under play unit or against low-end wall or curb.

Security & Waste Disposal – Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpster on site for all waste and debris. Failure to provide security and a dumpster will result in additional cost.

Utilities & Access – Power and water must be available within 300 feet of installation. Site will require tractor-trailer access. In a case where tractor-trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site.

PART 5 – INSTALLATION:

Weather Conditions – Because the polyurethane agents are moisture or heat sensitive, the nighttime temperatures must be above 40 degrees with daytime temperatures around 50 degrees. These temperatures must be consistent for several days before and after the poured rubber installation period. Complying with these weather conditions will prevent poured rubber from freezing which prevents proper curing.

Agenda Item No. 10 Page 90 of 123 CC Agenda 09-16-2024
Product Specifications
Thickness – Overall depth of the poured rubber will vary based on critical fall heights and installers test results. Depth of EPDM/TPV will be no less than 0.5”. Installation is performed by technically trained GameTime approved specialists. Your GameTime dealer will schedule installation of playground surfacing to meet your requirements.

THICKNESS CHART – (Below depths include 0.5” EPDM/TPV Topcoat 1’ to 4’ Critical Fall Height 1.5” to 2” Total Depth
5’ Critical Fall Height 2” to 2.5” Total Depth
6’ Critical Fall Height 2.5” to 3” Total Depth
7’ to 8’ Critical Fall Height 3” to 3.5” Total Depth
9’ to 10’ Critical Fall Height 4” to 4.5” Total Depth
11’ to 12’ Critical Fall Height 5.5” Total Depth
Cold Joints – Areas in excess of 2,000 square feet or areas that require adjacent color pours will have a cold joint or seam. Although seldom visible, seams are necessary when large pads require more than one day pours.

Edges – Surface edges shall be flush, beveled or rolled. It is important to advise what type of edge will be required so that the appropriate amount of materials is ordered.

Flush – When curbing is provided around the outside perimeters of the pad, the poured rubber will be adhered to the edge of the curbing so that the rubber surfacing is flush.

This allows for a smooth transition in to the play area. However, the sub-base should be installed to allow the proper depth of poured rubber so that the flush edge can be installed without having to fill voids by increasing the depth SBR materials. If the subbase is not installed properly, using too much of the SBR materials can cause the installer to run short on the cushion course which will require a change order to add additional materials for the project.

Beveled – When curbing is not provided for concrete or asphalt sub-bases, the installers will bevel the edge down along the edge of the pad. This type of edge can be sloped to provide a smoother transition but will require additional materials. If beveled at the edge of the use zones, the edge can be more round due to the depth of the poured rubber. In this case, you may want to have a rolled edge added to allow a smooth transition for wheelchair users.

ADA Rolled – This is the type of edge to meet the requirements of ASTM 1951, Specifications for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. The rolled edge will require additional materials in order to provide adequate ADA Wheelchair access. The total linear feet of the pad will need to be provided if the whole site is to be ADA compliant.

Agenda Item No. 10 Page 91 of 123 CC Agenda 09-16-2024
Product Specifications
PART 5 – INSTALLATION CONTINUED:

Keyway Cut – This type of an edge requires a trenched saw cut of ½” wide x ½” deep along the edge of the concrete or asphalt pad. The contractor or customer will be responsible for providing the keyway cut. There will be an up charge if the poured rubber installer is asked to provide this cut. The poured rubber will be beveled down into the saw cut where it will adhere preventing the exposure of a raw edge.

Cure Time - The poured rubber will require 72 hours (3 days) to properly cure. Security is required by the owner during this time so to avoid unnecessary damages.

PART 6 – WARRANTY:

When used under playground equipment, GameTime’s GT Impax recycled poured rubber is warranted against defects in materials and workmanship for five years.

When used with water play equipment, GameTime’s GT Impax recycled poured rubber is warranted against defects in materials and workmanship for three years provided aliphatic binder is added.

Without the aliphatic binder, the GT Impax recycled poured rubber will carry only one year warranty.

Ask your GameTime representative for a copy of our full GT Impax recycled poured rubber warranty details.

PART 7 – MAINTENANCE:

Ask your GameTime representative for a copy of our full GT Impax recycled poured rubber maintenance details.

Agenda Item No. 10 Page 92 of 123 CC Agenda 09-16-2024
Agenda Item No. 10 Page 93 of 123 CC Agenda 09-16-2024
Agenda Item No. 10 Page 94 of 123 CC Agenda 09-16-2024
gametime.com 800.235.2440
It’s our responsibility to act as stewards of our planet and its natural resources. It’s also our mission to
create fun, active, and innovative places for families
to gather and play. Our environmental sustainability
efforts are intended to help ensure children of
today can take their grandchildren to playgrounds
in the future. Our approach to stewardship and
sustainability encompasses every aspect of
our company - from the way we manufacture
our products to how we do business. Children
learn many valuable life skills on playgrounds.

We’ve learned some important lessons, too.

We continuously strive to be environmentally
responsible and to make sure future generations
benefit from our efforts.

Cardboard: 28.55 tons
Paper: 12.25 tons
Scrap plastics: 37,586 lbs.

Computer equipment: 5,526 lbs.

Plastic bottles: 23,850
Fluorescent bulbs: (4’) 428
Ballasts: 83 lbs.
• We work with our suppliers to source the most
environmentally preferable materials for our
products.
• We include as much pre-consumer and postconsumer recycled content in our products as possible – without compromising the quality,
durability, and performance.
• We’re updating light fixtures, upgrading air
compressors, and conducting energy audits
because every small improvement leads to
significant reductions in our overall environmental
impact.
• We’ve implemented a variety of initiatives to
reduce water consumption in our facilities,
including the use of high-efficiency technology for
product painting and washing.
• We recycle the vast majority of waste at our
manufacturing facility, including 100% of
manufacturing process waste like scrap metal,
rotationally molded plastic and paper. We recycle
the majority of our administrative waste, too.

ENVIRONMENTAL RESPONSIBILITY
Environmentally responsible play systems that last for decades, not years.

OUR PLAYGROUNDS ARE DESIGNED FOR FAMILIES AND TO
MINIMIZE THE IMPACT ON THE PLANET WHERE WE PLAY.
125,000 INDIVIDUAL PARTS
400,000 SQUARE FEET

ONE ENVIRONMENTAL COMMITMENT

RECYCLING (ANNUAL)
4 5
6 7
1 2
3 4
5 6
7 3
2 1 100% recyclable plastics are manufactured using efficient processes Steel tubing is 100% recyclable and contains 50% post-consumer recycled materials 100% recycled plastic lumber
Aluminum uprights are 100% recyclable and contain 65% pre-consumer and 10% post-consumer recycled content
100% recyclable plastics
Steel decks and stairs are 100% recyclable and contain 30% pre-consumer and 68% post-consumer recycled content
100% recycled plastic curbs
Fork lift batteries: 48 lbs.

PVC trimmings: 1,681 lbs.

Steel: 2,791,275 lbs.

Aluminum: 27,965 lbs.

Cartridges: 260
Trash can lids: 220 lbs.

Polyurea (liquid): 100 gal.

Agenda Item No. 10 Page 95 of 123 CC Agenda 09-16-2024
For extreme environments, GameTime offers the Coastal Paint Package for added durability. Our zinc-rich epoxy primer is specifically engineered for encapsulating and penetrating cracks, crevices, and voids in materials. We cover 100% of exposed metal components with this epoxy primer. Primed steel components are then semi-cured before being sent through the paint line not just once but twice, to apply additional color to the top coat with Super Durable powder paint. This custom paint formulation is designed to withstand the UV and corrosion aspects of the coastal environment by using higher grade resin and pigmentation that assures long term durability.

Our Super Durable paint and epoxy primer is tested to 4,000+ hours with minimum creep, gloss loss, or color change. This far exceeds the industry standard of 1,000 hours of corrosion testing.

With GameTime’s Coastal Paint Package, your playground
equipment will resist corrosion, and look great doing it! Second
Coat - S
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p
er D
ura
ble
Powder Coat
Paint
First
Coat - Su
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Powder Coat
Paint
Z
ni c-r ci h
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Primer
C
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Orga
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Convers
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Coating
Uni of
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Ga
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Zinc
Coating
90% Z
ni
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Orga
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Coating
H
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old-formed
Steel
Coastal Paint
Package
Additional upcharge required for all Coastal Paint Package projects.

All painted parts are covered by a limited eight-year warranty when properly maintained. gametime.com
800.235.2440
Agenda Item No. 10 Page 96 of 123 CC Agenda 09-16-2024
Staples Construction
1501 Eastman Ave.

Ventura, California 93003
Phone: +18056588786
Project: 1908 - BUBBLING SPRINGS PARK
850 Bard Road
Port Hueneme , California 93041
Phone: 805-986-6551
Prime Contract Potential Change Order #015:  CE #029 - Canopy Structure Deduct
TO: City of Port Hueneme
250 N. Ventura Rd.

Port Hueneme California, 93041
FROM: Staples Construction Company, Inc.
1501 Eastman Ave
Ventura California, 93003
PCO NUMBER/REVISION: 015 / 0 CONTRACT: 1908 - BUBBLING SPRINGS PARK

RENOVATION
REQUEST RECEIVED FROM:    CREATED BY: Joe Rizzi  (Staples Construction Company, Inc.)
STATUS: Pending - In Review CREATED DATE: 8/29 /2024
REFERENCE: PRIME CONTRACT
CHANGE ORDER:

FIELD CHANGE: No
LOCATION: ACCOUNTING
METHOD:

Amount Based
SCHEDULE IMPACT: 0 days PAID IN FULL: No
TOTAL AMOUNT: ($42,303.51)
POTENTIAL CHANGE ORDER TITLE: CE #029 - Canopy Structure Deduct CHANGE REASON: OWNER REQUEST
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #029 - Canopy Structure Deduct
Credit to Remove Canopy Structure from Playground Area
Staples: <$40,289.06>
OH&P@5%: <$2,014.45>
Total: <$42,303.51>
ATTACHMENTS:

PCO CALC SHEET.pdf Bubbling Springs 35' x 30' Shade Proposal.pdf # Cost Code Description Type Amount
1 13-34-05 - Fabricated Engineer Struc Subcontracts ($40,289.06) 2 00-72-34 - Fee Other ($2,014.45)

Subtotal: ($42,303.51)
Grand Total: ($42,303.51)
Staples Construction page 1 of 2 Printed On: 9/10/ 2024  12 :07 PM

PCO #015
Agenda Item No. 10 Page 97 of 123 CC Agenda 09-16-2024
Attachment C

SUBCONTRACTOR PERFORMED WORK ADD DEDUCT
(A) Labor Charge

1. Hours. Attach total itemized hours.

2. Rate. This shall be no more than the Straight-Time
Total Hourly Rate as determined by the Department of
Industrial Relations (“DIR”) for the applicable labor
category.
(B) Labor Burden & Worker’s Compensation Charge

1. This shall be no more than twenty percent (20%) of

2. This shall be the total cumulative charge permitted for all labor performed by Contractor. 40289.06 0
(C)
Subtotal (A+B) 40289.06 0
(D) Material Charge
Attach itemized quantity and unit cost plus sales tax
and invoice(s) from vendor(s).
(E) Equipment Charge
Attach invoice(s) from supplier(s).
(F)
Subtotal (C+D+E) 40289.06 0
(G) Contractor’s Overhead, Profit, Bond and Insurance

1. This shall be no more than five percent (5%) of Item (F).

2. This shall be the total mark-up permitted for Contractor. 2014.45 0 (H)
TOTAL (F+G) 42303.51 0
(I)
TIME

FORMAT FOR PROPOSED CHANGE FOR CONTRACTOR PERFORMED WORK __0__ Days
Agenda Item No. 10 Page 98 of 123 CC Agenda 09-16-2024
bubbling
SpringsPark
Port Hueneme, CA
Zoom Recreation
zoomrecreation.com 866-234-3392 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604 35’ x 30’ Shade
Agenda Item No. 10 Page 99 of 123 CC Agenda 09-16-2024
Zoom Recreation
Why Zoom?
Why Custom
Canopies?
We’ve Got you covered

1. Proudly manufactured in Southern California.

2. CPSI & ASTM certified designers and installers to ensure safety comes first on every project.

3. Fully licensed, bonded and insured.

4. Turn-Key. We handle both the design and installation. zoomrecreation.com 866-516-5439 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604 Agenda Item No. 10 Page 100 of 123 CC Agenda 09-16-2024 LICENSE # 1067651 (A, C61/D34)
DIR #1000655676
Zoom Recreation
4000 Barranca Parkway Suite 250-659
Irvine, CA 92604
+1 8665165439
[email protected]
Quote

ADDRESS
City of Port Hueneme
250 N. Ventura Rd
City of Port Hueneme
California 93041
United States

SHIP TO
City of Port Hueneme
250 N. Ventura Rd
City of Port Hueneme
California 93041
United States
QUOTE # 3391
DATE 01/19/2024
EXPIRATION DATE 02/19/2024

PROJECT MANAGER
Norma Rojas

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
CUSTOMCCSHADEShade type: Hip Shade
Length:35'
Width:30'
Entry Height(s):10'
Number of Posts:4
Number of Fabric Tops:1
Mounting Style:In-ground Mount
Frame Color:TBD
Fabric Color:TBD
Includes:
- Commercial grade steel frames and fabric
with minimum wind rating of hurricane force 1
(76MPH sustained winds)
- Shade and UV Factors of up to 98%
(dependant on color selection)
- Water resistant fabric
1 12,875.00 12,875.00T
Engineered
Sealed Drawings
Engineered Sealed Drawings with
Calculations for Permitting Purposes
-Sealed Drawings & Calculations Provided In
11”x17” Format
-(4) Copies of Sealed Drawings & (2) Of
Calculations, Digital Copies With Pier And
Spread Footer Analysis Included.
-Engineered Sealed Drawings will be
Performed to Meet Current Published Local
Codes and Conditions.
-Includes Epoxy Analysis with True Surface
Mount Designs.
-Check With The City Ordinances To Verify
1 1,225.00 1,225.00
Agenda Item No. 10 Page 101 of 123 CC Agenda 09-16-2024 LICENSE # 1067651 (A, C61/D34)
DIR #1000655676

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Any Special
Requirements Prior To Sealing Structure.
-Additional Alterations/Revisions Will Be
Subject To Added Fees.
-If Available Include A Soils/Geotechnical
Report (Location Specific To This Design).
-One Seal per Design and per Location
Excludes:
-Obtaining permits (permit submittal to be
handled by client)
-Architectural site plans or any other items
needed in the permit application
Rebar Cages Rebar cages to match engineered drawing
details
4 250.00 1,000.00T
Professional
Certified
Installation of
Shade
Structure(s)
Professional Certified Installation of
Playground(s). Prevailing Wages.
-Unloading
- Layout
- Excavation
-In-ground footers
- All concrete and required rebar/steel
reinforcement
- Assembly of structure
- Haul and dispose of spoils offsite
1 21,250.00 21,250.00
Unloading Unloading:
-Includes any heavy machinery needed to
properly unload crates/pallets from carrier and
stage onsite in a secure location.
1 1,875.00 1,875.00
Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.

This proposal does not provide for the following:
- Service items, unless stated: receipt, inventory, loading, unloading, storage, security of equipment, or security fencing
- Site sub-grade issues: material not suitable for footings, material requiring demolition, or contaminates that may require remediation, or inplace mechanical systems, including, but not limited to: irrigation, water, electric, sewer, or gas.

Client acknowledges that Zoom Recreation is not liable for any damage to existing concrete, landscaping or other surfaces while installing and/or using heavy machinery on-site.

This proposal does not include any bonding, permits, permitting fees, 3rd party inspection fees, or other related fees.

All invoices past due 30 days are subject to a 2% late fee.

Actual structure colors may vary slightly from renderings.

A 50% deposit and signed contract are required upon approval.

SUBTOTAL 38,225.00
TAX 1,214.06
SHIPPING 850.00
TOTAL $40,289.06
Agenda Item No. 10 Page 102 of 123 CC Agenda 09-16-2024 LICENSE # 1067651 (A, C61/D34)
DIR #1000655676
Accepted By Accepted Date
Agenda Item No. 10 Page 103 of 123 CC Agenda 09-16-2024

PLAN VIEW
Galvanized aircraft cable sewn in hem of fabric
NTS S1-1
Detail A
S1-2
Rafter
Ridge beam
Detail B
S1-2
Detail C1 or C2
Post

MATERIALS LIST
Post
Rafter
Ridge beam
Ridge/Post beam spigots
Rafter bolts
HDPE fabric to be ALNET EXTRABLOCK CASFM # 94501
Schedule 40 pipe
x 11ga Round tube
x 11ga Round tube
x.188 Round tube
A307 S/S Bolts

DESIGN CRITERIA
Designed to conform to IBC2013 Exposure: C
Wind speed: 115MPH
STEEL
Structural steel shall conform to ASTM A-36
Machine bolts shall confom to ASTM A-307
Pipe columns shall conform to ASTM A-53 Grade B

WELDING
Welding shall be done by AWS D1.1 Structural
certified welders.

REINFORCEMENT
Rebar shall conform to ASTM A 615 Grade 60
Clearance from soil shall be a minimum of 3"

SOIL CAPACITY
Allowable bearing pressure 1000psf Allowable
lateral bearing pressure 100psf

FOOTINGS
Square footing can be substituted for round with a
min. width equal to diameter measurement.

Concrete F'c = 2500 psi (Min.)
Course agregate - 3
4 " (Max.)
Slump 4.0" +/- 1"
W/C ratio = .54 (Max.)
FABRIC
HDPE Stentered to reduce shrinkage. Nominal
farbric mass 9.38 to

10.32 oz. sq, yard.

CLEARANCE FROM OTHER STRUCTURES
Canopies shall be at least 6" away from any other
structure which may be damaged due to deflection.

CUSTOM
CANOPIES INC.

Steel Sizes TBD

SHOP DRAWING HIP CANOPY

NOT FOR

CONSTRUCTION
TBD
TBD
TBD
Agenda Item No. 10 Page 104 of 123 CC Agenda 09-16-2024 C2
Endplate
Detail B
Rafter
HDPE Fabric
Spigot
Post
Ridge spigot
(2) Rafter bolts
Rafter
Ridge beam
Post
TBD
TBD
TBD
Galvanized aircraft
cable sewn in hem of fabric
Finished Surface
Detail
C1/C2 NTS S1-2
Spigot
Sloped for drainage
Round bar for cable hold down
(2)Rafter Bolts
(2) Rafter bolts
3/16 TYP
3/16 TYP
3/16 TYP
Round plate
Plate 2
1 "> than diam.
of post
Min. 3"
clearance
between
rebar and soil
8" min.

CUSTOM
CANOPIES INC.
3/16 TYP

SHOP DRAWING HIP CANOPY

NOT FOR

CONSTRUCTION
Post
TBD
Min. 3"
clearance
from soil
Finished Surface
Plate washer with
double nut typical
each anchor bolt
6"
Galvanized threaded rod
(1 each corner)
Non-shrink grout pad
Baseplates w/
holes c.o.c
Leveling nuts and washers
TBD
TBD
Detail A
C1
Baseplate
Agenda Item No. 10 Page 105 of 123 CC Agenda 09-16-2024 Agenda Item No. 10 Page 106 of 123 CC Agenda 09-16-2024 Agenda Item No. 10 Page 107 of 123 CC Agenda 09-16-2024

WHITE GREY ALMOND

GREEN TEAL POWDER BLUE

YELLOW RED ORANGE

BLACK BROWN BLUE
Agenda Item No. 10 Page 108 of 123 CC Agenda 09-16-2024 Agenda Item No. 10 Page 109 of 123 CC Agenda 09-16-2024 WHITE
YELLOW
GREEN
BLACK
GREY
RED
TEAL
BROWN
ALMOND
ORANGE

POWDER BLUE
BLUE
CustomShadeCanopies.com 818.993.8448
Custom Canopies Intl. Inc.
“SAFEST UNDER THE SUN”

POWDERCOAT COLORS
Agenda Item No. 10 Page 110 of 123 CC Agenda 09-16-2024 Custom Canopies Intl. Inc.
“SAFEST UNDER THE SUN”

STANDARD SHADE SAIL & SHADE STRUCTURE SPECIFICATIONS
Quality Assurance
All shade structures & shade sails shall be installed and rigged by a trained competent person.

All equipment shall be free of sharp edges and corners, or extremely rough surfaces.

All materials shall be new and conform to all standards as specified.

The steel frame and concrete foundations for the
shade structures or shade sails shall be designed by
an engineer licensed in the state of installation.

The steel frames and related concrete foundations for
the shade structure to be designed in conformance with
the latest version IBC or per local requirement.

Wind Design Speed: 80 to 130 miles per hour or per
local requirement.

Basic live load: 5 psf
Exposure: C
Coatings
Non-galvanized steel
Where size of structure or determined loads require
larger structural steel members or greater than 7 gauge thickness, carbon steel may be substituted. Cleaning and coating of carbon steel shall conform to the following:
• Degrease with mild alkaline cleaner at 140
degrees.
• Iron phosphate rinse to create a conversion layer
on the steel.
• Prebake in oven at 350-400 degrees to burn
off additional contaminants.
• Powdercoat with a TGIC polyester powder top
coat.
• Min. of 2.5 millimeters thick.

Pre-galvanized steel
Steel already has a triple layer of zinc protection with a polymer clear coat, which acts as a primer.
• Clean with a mild alkaline solution.
• Prebake in oven at 350-400 degrees to burn off
additional contaminants.
• Powdercoat with a TGIC polyester powder top
coat.
• Min. of 2.5 millimeters thick.

CustomShadeCanopies.com 818.993.8448
Agenda Item No. 10 Page 111 of 123 CC Agenda 09-16-2024 Materials
Steel:
• All carbon structural steel shall be ASTM A-36,
except steel pipe columns, which shall be ASTM
A-53, grade B, unless otherwise noted.
• All welds are performed using E70XX electrodes
or gas metal arc welding using ER 70S3 wire.
• All fillet welds shall be a minimum of threesixteenths (3/16) inch unless otherwise noted.

Tensioning cable & hardware:
• Shall conform to FED. Spec. RR-W-410
• Steel cable is determined based on calculated
engineering load. For high and medium loads, ¼”
(minimal) galvanized 7x19 cable is to be used. For
heavy loads, 5/16 - 3/8” (minimal) galvanized 7x19
cable is to be used.
• Cable connectors and fabric hardware shall be
stainless steel or galvanized.

Shade structure fabric shall meet the following
list of requirements:
• High-density polyethylene to block out
90% of ultra violet rays
• Monofilament and tape construction
giving a stable material.
• Rachell knitted to ensure material
will not unravel if cut.

Strip tensile Strength:

Warp lb/inch 278 lbs Per ASTM D5034
Weft lb/inch 340 lbs Per ASTM D5034
Fabric Mass Minimum: 9.6 oz / sq. yd.

Fading: Minimum fading
allowed after 5 years.

Temperature stability: Minimum temp. -13 ° F
Maximum temp. 176° F
Fire rating: CAFM Title 19 CFSM,
Section 1237
NFPA-701 #2
Weatherability: ASTM G53
All corners shall be strengthened with 13-16 oz
non-tear vinyl material.

Thread:
• Gortex Tenara thread
• Shall be high density, low shrinkage, abrasion
resistant, UV radiation immune, unaffected by
cleaning agents, acid rain, mildew, chlorine,
saltwater, and industrial pollutants.
• Should be warranted for a period of ten (10) years.

Custom Canopies Intl. Inc.
“SAFEST UNDER THE SUN”
CustomShadeCanopies.com 818.993.8448
Agenda Item No. 10 Page 112 of 123 CC Agenda 09-16-2024 Custom Canopies Intl. Inc.
“SAFEST UNDER THE SUN”
Installation:

Install shade structures in a timely manner and
coordinate with the work of other trades.

Securely fasten all parts to be attached. Make sure
all parts interact freely and smoothly without binding, sticking or excessive clearance.

Install each shade structure and hardware item in
compliance with the manufacturers’ instructions and
recommendations.

Warranty:

The structural integrity of the steel shall be warranted for twenty (20) years.

The fabric and sewn composite shade covering shall
have a limited warranty for 10 years.

The product, when used in its designed capacity, must
be guaranteed for a period of 10 years from original
installation against:
• The steel frame corroding or deteriorating
under normal conditions.
• The steel frame from deteriorating from
faulty workmanship.
• Inappropriate design of supporting structure.
• All fabric tops shall be warranted for winds and
gusts up to engineering requirement. The fabric
warranty is void if winds or gusts are in excess
of engineering.
• Excessive loss of color in the fabric under normal
exposure conditions, including sunlight, rot and
normal atmospheric chemicals that may render
it unserviceable.
• Any wearing or blowouts due to wind caused by
improper installation or design. Under extreme
wind conditions that exceed our design capacity,
it is advisable to remove the shade fabric from
the structure.
• Structures are not warranted for damages
caused by snowfall, cyclones, typhoons, or
other acts of God. For canopies not engineered
for snow loads, the fabric must be removed
during months when snow or heavy wind and
storms are expected.

The contractor reserves the right to repair or replace
any item covered by the warranty.

Shade structures located in areas where they may be
subject to damage during construction by handling,
cleaning, etc. (i.e. painting, cleaning of concrete block) shall be protected and or removed from the location
until the hazardous condition is terminated.

Maintenance:

Canopies and shade sails must be inspected and
maintenance must be done at least once a year. Refer
to the maintenance book supplied.

Agenda Item No. 10 Page 113 of 123 CC Agenda 09-16-2024 1 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392

ZOOM RECREATION CONTRACT
PAYMENT TERMS: A deposit in the amount of 50% of the total cost is required with Contract Signing.

Balance of Contract shall be paid upon completion. Past due invoices are subject to an annual interest rate of 18%.

EXCLUSIONS: This Contract only covers the cost of equipment, materials and services that are clearly outlined in the Scope of Work. All other equipment, materials and/or services that are not clearly outlined in this quotation are excluded. Exclusions include, but are not limited to the following:

1. Additional services, site work (demo, hauling, grading, drainage, site drains, curbing, border, sidewalks, pavement, striping, etc.), site materials, site furnishings, ADA accessible path of travel, payment and performance bond, builders risk insurance, furnishing plans, obtaining permits, dealing with inspections and/or permit agencies, engineering calculations, stamped engineered or architectural drawings, etc.

2. Inspection costs, testing and outside testing agencies, CPSI Inspection/audit/report, surfacing HIC test, survey work of any kind, fencing, swpps, barricades, traffic control, flagging, erosion control, dust control, removal of hazardous materials or contaminated soils, digging through rock and rocky soils.

3. Customer shall hire a utility locating service to mark all underground utilities prior to the start of our work, in order to minimize any damage to utilities. Modifications and/or repairs to any existing or damaged utilities as a result of this work is excluded. If owner would like us to hire a utility locating company, additional cost will be $950. Initial here to authorize this additional service _________.

4. Customer shall be responsible for keeping traffic away from the PIP rubberized surfacing area for at least 72 hours after it is poured so that surface can cure properly.

5. Additional move-in costs, if required (only one move-in cost is included in this quote), dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not clearly outlined in this Contract. See Exhibit A, Terms and Conditions for a description of Unforeseen Conditions.

Agenda Item No. 10 Page 114 of 123 CC Agenda 09-16-2024 2 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392
This Contract is executed between Zoom Recreation, a California corporation and Customer (also referred to as Owner), identified in the Customer section of this Contract. Either Customer or Zoom Recreation may be referred to as Party, together as Parties. The purpose of this Contract is for Zoom Recreation to provide Customer with equipment, materials and/or services as outlined in the Scope of Work section of this Contract in exchange for the sum of money as outlined in this Contract.

By signing below, both Parties acknowledge that they are entering into a legally binding Contract, which includes Exhibit A. Customer acknowledges the receipt and review of Exhibit A (Terms and Conditions) which shall be made a part of this Contract and enforceable to the full extent allowed by law.

PROJECT NAME: _________________________________________________________________________ PROJECT ADDRESS: _______________________________________________________________________ ACCEPTED BY CUSTOMER:

Signature: ____________________________ Signed By: _____________________ Date: ________________________________
ACCEPTED BY ZOOM RECREATION:

Signature: ____________________________ Signed By: _____________________ Date: ________________________________
Agenda Item No. 10 Page 115 of 123 CC Agenda 09-16-2024 3 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392

EXHIBIT A- TERMS AND CONDITIONS

1. ATTORNEY FEES & EXPENSES: In the event of any dispute under this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit, including any fees and costs incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes necessary, Zoom Recreation shall be entitled to collect interest and all reasonable collection and legal costs incurred to the extent allowed by law.

2. BUSINESS LICENSE: If obtaining a business license becomes necessary for a city in which Zoom Recreation does not hold a current license, Zoom Recreation shall obtain the required license and Customer shall reimburse Zoom Recreation for its cost (including staff time) at cost plus 15%.

3. CHANGE ORDERS: Extra Work and change orders shall become part of the contract once the change order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. Change order shall describe the scope of the extra work or change, the cost to be added or subtracted from the contract and describe effects on the schedule (if applicable).

4. DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Zoom Recreation in a manner selected by Zoom Recreation.

5. DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract, including making timely payments per Payment Terms outlined in this Contract. Customer’s failure to pay amounts due under this Contract in a timely fashion shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided.

6. ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards. EWF will settle during and after installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking, 18” of material settles to a compacted depth of 10”-12”. EWF require maintenance and some topping off from time to time.

7. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof.

8. EXPANSIVE SOILS: Zoom Recreation shall not be responsible for undesirable effects (poor drainage, settlement, expansion, contraction, finish surface cracking, etc.) of expansive and unstable soils (clay soils, etc.). If applicable, it shall be Customer’s responsibility to test soil samples and determine if the existing soil is suitable for the intended work. If applicable, expansive soils shall be removed at Customer’s cost.

Agenda Item No. 10 Page 116 of 123 CC Agenda 09-16-2024 4 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392

9. FINAL INSPECTION: Customer shall perform a final inspection of the project while Zoom Recreation and its agents are still on site and shall report any concerns to Zoom Recreation at that time so that valid concerns can be corrected right away to avoid delays and additional trips to the job site.

10. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the domestic laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Arizona.

11. LABOR RATES: Unless otherwise noted in writing, all labor rates are Non-Prevailing Wage Rates.

12. LIABILITY LIMIT: Zoom Recreation’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from this Contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, installation, resale, repair or use of any products covered by or furnished under this Contract, shall in no case exceed the price of the products or parts thereof which gives rise to this claim. In no event shall Zoom Recreation be liable for special, incidental or consequential damages, or for damages in the nature of penalties.

13. LEAD TIME: Unless otherwise noted, lead time for delivery of equipment is approximately 8-12 weeks AFTER receipt of a signed Contract, deposit and color selection from the Customer. Lead time does not include time needed for shipping, site work and installation. Lead time may vary for different projects, depending on size and Scope of Work.

14. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired items associated with this Contract, after completion, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc.

15. NOTICES: All notices required by this Agreement shall be in writing and be delivered via United States Certified Mail, addressed to the party to whom such notices are directed. Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein.

16. OWNERSHIP: Once equipment and materials are delivered to the Customer's premises, it is considered delivered and Customer shall become responsible for its security. All costs associated with replacement of vandalized and/or stolen equipment, materials shall be Customer’s responsibility. Customer shall take necessary steps to secure site and protect the work under progress, including keeping traffic away from the equipment under construction and protect finished surfaces (concrete, PIP surfacing, etc.) for a minimum of 24 hours after pour.

Agenda Item No. 10 Page 117 of 123 CC Agenda 09-16-2024 5 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392

17. OPTIONS, ADDITIONAL SERVICES: Equipment, materials and services listed under Options or Additional Services are not included in the Scope of Work (cost is extra). If Customer chooses to add any of these items, Customer shall notify Zoom Recreation in writing as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate the added items. Once equipment and materials are ordered, it may be too late to make any changes, without incurring additional costs.

18. PAYMENT TERMS: All payments are due per Contract’s Payment Terms. Past due balances are subject to an annual interest rate of 18%, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, aside from adding interest, Zoom Recreation shall be entitled to collection costs incurred plus attorneys’ fees & expenses to the full extent allowed by the applicable laws.

19. PERMITS: Unless otherwise noted in writing, obtaining permits are excluded from this Contract and shall be the Customer’s responsibility. Prior to the award of this Contract, Customer shall perform his, her own due diligence and determine if a permit is required and advise Zoom Recreation in writing accordingly. If required, Customer shall obtain all required permits and licenses and pay all applicable fees. Unless otherwise noted or agreed upon in writing, if Zoom Recreation is instructed to obtain a permit, all associated costs shall be extra, billed at cost plus 20%.

20. PROTECTION OF EXISTING PLAYGROUND SURFACING: Site at some playground renovation projects may contain existing playground safety surfacing that may be either sand, engineered wood fibers, rubber tiles, PIP rubberized surfacing or a combination of these items that may need to be protected while new improvements are made. Unless otherwise noted in our Contract, Customer shall remove and stock pile filter fabric, sand and engineered wood fibers out of the way prior to the start of work to minimize its contamination during construction and shall be responsible to place it back after completion of our work. Customer acknowledges that some damage to the existing rubber tiles or PIP rubberized surfacing may occur due to our work and the use of machinery, regardless of various protection methods used. Customer shall be responsible for the cost of its repair or replacement, if damage occurs.

21. REPAIRS: If any part of the project requires repairs (during or after completion) and becomes a safety concern, Customer shall close site immediately and properly barricade the site until repairs are made.

22. RETURNS: Equipment, materials associated with this Contract are highly customized and shall be considered Non-Returnable. Once the Contact is signed and equipment, materials and services are ordered, it cannot be cancelled. No Returns or Substitutions are permitted under this Contract, unless agreed to in writing by Zoom Recreation. If Zoom Recreation agrees to a change involving a reduction in the Scope of Work or the Contract Sum after the award of Contract, Zoom Recreation shall be entitled to charge Customer a fee in the range of 30% (as determined by Zoom Recreation) of the cost of items deleted for the time and effort put forth into processing those items. Additionally, any discounts (if any), associated with the deleted items shall be reversed.

Agenda Item No. 10 Page 118 of 123 CC Agenda 09-16-2024 6 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392

23. SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

24. SHADE STRUCTURES: Shade structures, shade sails, umbrellas, shelters and canopies (hereafter referred to as Shade Structures) included in the Scope of Work (if any) are non-engineered (no calculations or engineering drawings are provided), non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing. Non-engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for installation at locations that require obtaining a building permit. It shall be Customer’s responsibility to determine if a building permit is required for these Shade Structures and communicate same with Zoom Recreation in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced accordingly for the structural upgrades needed for engineered structures so that a building permit can be obtained by others. Unless otherwise noted, if Zoom Recreation is instructed to obtain a permit, all associated costs shall be extra at the rate of $120/hour, plus all necessary and applicable costs.

25. SITE WORK: Site work includes all work that is needed to prepare the site for the installation of equipment and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials/sub-base/ drainage/ curbing/ sidewalks/etc. and creating sufficient space to accommodate the Use Zone of the equipment. If site work is excluded from the Scope of Work:

A. Customer shall prepare site so that it is ready for Zoom Recreation to move in.

B. It shall be Customer’s responsibility to coordinate site requirements with Zoom Recreation and provide the proper rough grade elevation in order to have the site ready for installation.

C. If site is determined to not be ready upon move-in by Zoom Recreation and additional move-ins become necessary, a $1,500 - $2,000 extra move-in charge shall apply for each additional movein and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and materials that are delivered to the job site until Zoom Recreation is able to return and re-start installation.

Some damage to the existing grounds and landscaping shall be expected due to Zoom Recreation’s operations. Unless otherwise noted in writing, repairs to the existing underground utilities, landscaping and irrigation system are excluded from Zoom Recreation’s scope of work and shall be Customer’s responsibility. Zoom Recreation’s liability for cleaning marks (tire marks, etc.) on pavement shall be limited to power washing.

26. SLAB: All concrete slabs associated with the Scope of Work (if any), shall be 4" nominal (3 1/2" thick) without any reinforcement, unless otherwise noted.

Agenda Item No. 10 Page 119 of 123 CC Agenda 09-16-2024 7 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392

27. SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. A Party may not assign either this Contract or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party. Customer shall not assign this Contract to any third-party implementation agencies such as property management companies, contract compliance agencies, etc. without the prior written consent of Zoom Recreation.

28. SUB-CONTRACTORS: Zoom Recreation reserves the right to use subcontractors to perform labor without prior consent from the Customer as long as subcontractors used are licensed and insured.

29. TERMINATION: This Contract shall not be terminated by either party without material cause. Zoom Recreation may terminate this Contract with Customer for lack of payment and for other material breach, if not cured within 10 days of receipt of a written notice to Customer. If this Contract is terminated by any party for any reason, Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other time spent on the project and for services rendered to the full extent allowed by law.

30. UNFORESEEN CONDITIONS: Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc. that cannot be cored through with a standard Bobcat, augur or excavated with a shovel and requires the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as existing footings, curbing, border, pavement, tree roots, etc. found during the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Zoom Recreation’s cost plus 20%.

Customer shall indemnify Zoom Recreation from any liability associated with damage to underground utilities due to Unforeseen Conditions.

31. UTILITIES: Utilities include but are not limited to water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc. To minimize damage to utilities, Customer shall mark, cap or relocate all underground utilities that are located within the work area, prior to the start of work.

Zoom Recreation and its subcontractors shall do their best to minimize damage to underground utilities that are identified by the Customer prior to the start of construction. However, should unintended damage occur due to site operations, repairs or relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged, Customer shall repair, replace or relocate them at Customer’s cost as soon as possible to minimize delays. At Customer’s request, Agenda Item No. 10 Page 120 of 123 CC Agenda 09-16-2024 8 Zoom Recreation, 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604, Phone #: 866-234-3392
repairs may be made to damaged utilities by Zoom Recreation or its subcontractors at an additional cost of actual cost plus 20%.

32. UTILITY LOCATING SERVICE: For projects requiring excavation, prior to the start of work, Customer shall either clearly mark underground utilities and their depth, hire a utility locating service to locate them or authorize Zoom Recreation to hire a utility locating service to do so. Locating underground utilities is not an exact science and sometimes they are missed by utility locating companies or locations are not accurate, leading to unintended damage during excavation. Also, PVC or plastic pipes cannot be detected by these companies. Therefore, some potential damage to utilities should be expected. If utilities are damaged, Customer shall hold Zoom Recreation, its subcontractors, employees and officers harmless as it relates to any potential damages or liabilities. If underground utilities are damaged, regardless of whether a utility locating service was hired or not, Customer shall be responsible for the cost of their repair, replacement or relocation.

33. WARRANTY: Equipment warranties are provided by equipment manufacturers and not by Zoom Recreation. Material warranties are provided by the supplier of materials and not by Zoom Recreation. When available, Zoom Recreation shall provide copies of equipment and material warranties to Customer upon request. Zoom Recreation shall warrant all Labor provided in the Scope of Work for a period of one year from the date of completion.

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# DESCRIPTION MATERIALS / NOTES DETAIL QTY. 1a Concrete Paving - pedestrian Decomposed granite paving on base material, 2" depth, with 6" flush concrete header, (dimensions are outside face of curbs, per plan).

See Civil Engineer Plans 15,963 sf 1c Concrete Sidewalk Natural gray concrete, with light sand float finish. 2a DG Paving - Pedestrian Natural gray concrete, with light sand float finish, Scoring to be determined in field and per Civil plan requirements . 3/L1.7 32,200 sf See Civil Engineer Plans 9,559 sf
7 Seat Wall CMU block, medium weight, burnished finish, sandstone color, concrete cap with smooth finish, height per plan. 8/L1.7 and see Civil Engineer's Plans Chain-link fence to match existing, 8' height, with black #36 nylon, 1-3/4" mesh net w/ factory-sewn lead line bottom. Size and per plan. Paving surface to be Pedestrian DG, (see #2a above). 1d Asphaltic Concrete Paving - - - 6a Fence Chain-link fence, height per plan. Reuse existing top rail cap where noted on plan. 11 Bullpen (Add alternate) See Architect's Plans 3a Artificial Turf @ Soccer Fields (Alternate: Turfgrass, see Planting Plan) Sports field product, 'GameChanger 3C-46Z'. Available from Sporturf, https://sporturf.com. Installation to include play field lines. Confirm with City prior to installation. 9/L1.8 19,625 sf 6b Fence Black vinyl coated chain-link fence, height per plan. 8 Retaining or Freestanding Wall CMU block, medium weight, burnished finish, sandstone color, concrete cap with smooth finish, height per plan. 9/L1.7 and see Civil Engineer's Plans 2b DG Paving - Vehicular - - - 4 Safety Playground Surfacing PIP rubber playground surfacing, 'SpectraPour CA: CalRecycle Rubber Playground Surfacing', with natural gray concrete curb where shown on plan. Two-toned color, samples to be provided by Contractor and approved by Landscape Architect, available from SpectraTurf, https://www.spectraturf.com. 6/L1.7 9,730 sf 5 Playground Sand Area Sand sample to be approved. See sand specifications. Minimum depth 12". - - 6c Fence @ 'LIMIT OF WORK' line Silt Fence, 36' ht., with 2x2 wood fence posts at 8' spacing. -9 Concrete Steps Poured-in-place concrete, natural gray, sand float finish. 1/L1.8 10 Bollard Install per City standard detail 13/L1.8 6d Dog Park Safety Fence+Gates Black vinyl coated chain-link fence, height per plan. - 683 lf Chain-link fence to match existing, 12' height, with black #36 nylon, 1-3/4" mesh net w/ factory-sewn lead line bottom. Size and per plan. Paving surface to be Pedestrian DG, (see #2a above). 12 Batting Cage See Architect's Plans 13 Dugout 8'x30'. Chain-link fence to match existing. Concrete Paving (1a above). Size per plan. See Architect's Plans Age 2-5, 5-12. Available from RecWest Outdoor Products Inc, https://recwest.com/.

See quote #00000122 from Landscape Structures for equipment specification. 14 Playground Equipment - Cobble over Class 1 road base. Edged with Santa Barbara sandstone boulders, 2'-4'diameter, placed per plan. Cobble type sandstone rubble or as approved by City, size3"-6". Width min. 5', max 10'. Layout to be confirmed in field by Landscape Architect.

Headwall and graders per Civil Engineer.Contractor to submit cobble sample for approval. 15 Dry Stream Bed 2/L1.8 6' wide by 8' length. Concrete construction with 6" curb on both sides.

Civil Engineer to provide footing detail. 16 Pedestrian Bridge @ dry stream beds 3/L1.8 17 Boulder Bank Santa Barbara sandstone, approximate size and location per plan. 4/L1.8 18 Concrete Berm @ Dog Park Concrete with sunken boulders, minimum 25% of boulder below finished grade. - DG Paving (see #2a above), size per plan. See Greenfields Outdoor Fitness estimate 23852 for equipment. 19a Exercise Station - Santa Barbara sandstone, size per plan, 18" min. diameter, 5' max. diameter.

Minimum 25% of boulder below finished grade. 20 Decorative Boulder 5/L1.8 per plan Santa Barbara sandstone,, size per plan, approximate size 2'x3-4'x2', top to be flat.

Minimum 25% of boulder below finished grade. 21 Boulder Seat 6/L1.8 per plan Aluminum, 15'x7', 4 Row with concrete or grass mounting hardware, Models 'H4413', 'H4415'. Available from ULINE, 800-295-5510. Final selection to approved by City. 22 Bleachers - b Dog park waste bags box City to purchase and install 5/L1.9 per plan 1b Concrete Paving - vehicular Natural gray concrete, with light sand float finish, Scoring to be determined in field See Civil Engineer Plans 30,896 sf and per Civil plan requirements. ADA stainless steel pedestal drinking fountain w/ pet fountain, with hose bib, available from HAWS, https://www.hawsco.com/. Connect waste line and extend to sump, 3'x3'x3'. Fill sump with3/4" aggregate, wrap with non-woven filter fabric. Sump to be min. 18" below finished grade in planting area. a Water Fountain 1/L1.9 per plan SITE AMENITIES Concrete waste station, California Round 'QR-CAL2436W-A19', 'Latte' color, Craftsman's Etch finish. Available from QCP-corp, https://qcp-corp.com/City to purchase and install. c Trash Receptacle 4/L1.9 per plan
Concrete, QCP 'Transit' bench, 24x84, Q2TR84B, 'Latte' color, Craftsman's Etch finish outside, 'French Gray' color, Honed finish for seat. Available from QCP-corp, https://qcp-corp.com/. City to purchase and install.
d Bench 6/L1.9 per plan
Concrete, ADA length 102" and Standard 72", Models LBT Picnic, 'QLBT102PTADA' and 'QLBT72PT', 'Latte' color, Craftsman's Etch finish. Available from QCP-corp, https://qcp-corp.com/. City to purchase and install.
e Picnic Table 2,3/L1.9 per plan
f Signage City to purchase and install. (See plan for existing and future locations). - per plan Aluminum edging, 1/8"x4", black, top of edging to be max of 1/2" above surface material. 23 Header @ Turf or PA (see plan for condition) 7/L1.8 - Concrete spherical bollard, diam./model and qty per plan, natural color, Craftsman's Etch finish. Available from QCP-Corp, https://qcp-corp.com/. Min. 33% of boulder below finished grade. Minimum 6' clear from all play equipment. Playground Surfacing (see #4 above). Landscape Architect to confirm layout in field. 24a Concrete 'Bubble' @ playground 10,12/L1.8 per plan 2c DG Paving - Pedestrian Decomposed granite with black aluminum header, stabilized, 2" depth. 5/L1.7 3,303 sf35'x30'.HIP, with 4 columns +1 HDPE top, with 10' Entry, with engineered footing drawings.

Available from RecWest Outdoor Products Inc, https://recwest.com/. 25 Shade Canopy @ Picnic area - 3b Alternate Item: Artificial Turf @ Baseball Infields Sports field product, 'Fielder’s Choice 416-50'.Available from Sporturf, https://sporturf.com/artificial-turf-field-products/fielders-choice-416-52/. 11a,11b/L1.8 12,226 sf Steel foul pole, 4-1/2" O.D. posts, 20' tall with 12'H x 1'-6" W flag, electrostatically power coated yellow. Available from LA Steelcraft - LA-FLP-20,https://www.lasteelcraft.com/. Installation available from SFG,https://sportsfacilitiesgroup.com/ " 26 Foul Pole 7/L1.9 per plan DG Paving (see #2a above), size per plan. See Greenfields Outdoor Fitness estimate 23852 for equipment. 19b Exercise Station - DG Paving (see #2a above), size per plan. See Greenfields Outdoor Fitnessestimate 23852 for equipment. 19c Exercise Station - Concrete spherical bollard, diam./model and qty per plan, natural color, Craftsman's Etch finish. Spacing and quantity per plan. Available from QCP-Corp, https://qcp-corp.com/.Min. 33% of bubble below finished grade. Minimum 6' clear from all play equipment.Pedestrian DG Paving (see #2a above). Landscape Architect to confirm layout in field. 24b Concrete 'Bubble' in DG Paving 10,12/L1.8 per plan Contractor to provide the following samples for approval: 1. DG Paving, 6'x6' section 2. Cobbles 3. Boulders 4. Concrete Paving finish, 4'x4' panel 5. CMU block for walls g Table + Chairs City to purchase and install. - per plan 1/L1.7 9,730 sf - XX
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X X X X X X 1. See L0.1 and L0.2 for trees to be removed and protected in place. 2. See sheet L1.7 for Layout and Grading Notes. 3. Playground structure by Landscape Structures, Inc. See specifications.

Install per manufacturer instructions. 4. Exercise stations by Greenfields Outdoor Fitness, Inc. See specifications.Install per manufacturer instructions. 5. Baseball Field Renovation 5.1. New turfgrass for fields 1, 2, and 3. Full fields renovation for field 4. 5.2. Infields to be renovated as required. NOTES ABBREVIATIONS CLR CLEARANCE (E) EXISTING FF FINISHED FLOOR FH FIRE HYDRANT MIN MINIMUM (N) NEW PL PROPERTY LINE PA PLANTING AREA TW TOP OF WALL TYP TYPICAL All layout to be confirmed in the field by Landscape Architect prior to construction L1.3 LAYOUT PLAN23.05 CITY OF PORT HUENEME DRAWN BY: CHECKED BY: PROJECT MANAGER: JOB NO. PRINT DATE:

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF LAUTERBACH & ASSOCIATES, ALL RIGHTS RESERVED, AND SHALL NOT BE USED ON ANY OTHER WORK OR PROJECT EXCEPT BY WRITTEN AGREEMENT WITH LAUTERBACH & ASSOCIATES. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE, ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF LAUTERBACH & ASSOCIATES PRIOR TO COMMENCEMENT OF ANY WORK. BUBBLING SPRINGS PARK MASTER PLAN BB 10/30/2023 A
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O 16 17 18C 09.25.2023 ISSUE NO DESCRIPTION DATE 100% SUBMITTAL No. 4880 EXP. 4/30/25 These drawings, including all related design, details, specifications, and information are and shall remain the sole property of Brodersen Associates and are for use on this specific project and shall not be copied, disclosed to others or used without the expressed written consent of Brodersen Associates. BRODERSEN ASSOCIATES Landscape Architecture / Horticulture / Documentation 422 E. Main Street Ventura, CA 93001 tel 805 201 5614 [email protected] CA#4880 REVISION 10.30.2023 BID SUBMITTAL 11.13.2023 Top of Bank Trash Enclosure,
per Architect plans. Add alternate.
(E) Concrete Walk
(E) Restroom Picnic Area PA PA PA PA PA PA (E) Turf PA PA (E) Well (E) Concrete Walk 2a 2a 1c 1b 1a 1b 4 4 6b TW +4' FFE (13.89)
PARK AVE. MATCHLINE SEE SHEET L1.2

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(E) Concrete Walk

LIMIT OF WORK
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LIMIT OF WORK
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Top of Bank
(E) Concrete Walk
Ex tree to remain,
typ. Ex Palm tree to remain,
typ.

Ex tree to remain,
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5' typ. PA PA
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(E) Turf
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typ.

PROPERTY LINE
PROPERTY LINE KEY MAP SCALE: NTS Play Area 1 (2-5) Play Area 2 (5-12) 21 7 7 19a Final path layout to be confirmed in the field, prior to construction 6c At LIMIT OF WORK LINE Picnic Area 2a Picnic Area 2a Concrete pad for future building, see Architect's Plans TW +18" TW +18" PA 6c At LIMIT OF WORK LINE (E) Concrete Walk
a Existing railing
LIMIT OF WORK 24a 24a Existing turf and plantings to remain Sump Existing turf and plantings to remain 25 outside
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Play surface pattern
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typ. 1 of each model: 'QR-22SP' (22"), 'QR-30SP' (30"), Layout to be confirmed in field prior to installation 4 'QR-30SP' (30"), Layout to be confirmed in field prior to installation 'QR-36SP' (36"). Layout to be confirmed in field prior to installation 24a 24a 'QR-30SP' (30"), Layout to be confirmed in field prior to installation 'QR-22SP' (22"), Layout to be confirmed in field prior to installation 5'-11" 24a 'QR-30SP' (30"),
Layout to be confirmed in
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'QR-22SP' (22"),
Layout to be confirmed in
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typ.
3'-0"
typ. 1 of each model: 'QR-22SP' (22"),
'QR-30SP' (30"),'QR-36SP' (36").

Layout to be confirmed in
field prior to installation 2a
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(E) Concrete Walk Mulch Mulch 1a 6'-0"
20'-0" clr. TOB,
typ.
clr. TOB, 20'
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5' Existing turf and plantings to remain PA
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RFI 2
Proposed Shade Structure
Agenda Item No. 10 Page 122 of 123 CC Agenda 09-16-2024 City of Port Hueneme       Staples Construction Company, Inc. 250 N. Ventura Rd.       1501 Eastman Ave
Port Hueneme California 93041          Ventura California 93003

SIGNATURE DATE         SIGNATURE DATE
Staples Construction page 2 of 2 Printed On: 9/10/ 2024  12 :07 PM

PCO #015
Agenda Item No. 10 Page 123 of 123 CC Agenda 09-16-2024 DATE: September 16, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA JOINT

POWERS INSURANCE AUTHORITY TO PERFORM AMERICANS WITH

DISABILITIES ACT RELATED INSPECTIONS AND DEVELOP A

TRANSITION PLAN
RECOMMENDATION:

It is recommended that the City Council:

1. Authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the California Joint Powers Insurance Authority (CJPIA), in an amount not to exceed $71,700, which includes a contingency of $3,400, to evaluate city facilities and programs for Americans with Disabilities Act (ADA) compliance and develop an ADA Transition Plan.

2. Approve appropriations of $71,700 from various funds: $65,400 from General Fund, $3,150 Solid Waste, and $3,150 Water Fund. Of the $65,400 appropriation from the General Fund, $19,000 is available in the ADA compliance account and $46,400 will be from the unassigned balance.

BACKGROUND/ANALYSIS:

The Americans with Disabilities Act (ADA), was originally enacted on July 26, 1990 and became effective on January 26, 1992. The law seeks to prevent disability-based discrimination, promote equal opportunities in the workplace, encourage accommodations, foster inclusion and facilitate access to public spaces. Title II of the ADA establishes specific physical access requirements for public facilities and requires that state and local governments make programs, services, and activities accessible to persons with disabilities.

Undertaking an inspection and evaluation of city facilities and programs ensures that members of the public have access to various city offerings. Additionally, it has the benefit of ensuring that the City is in compliance with the requirements of Title II of the Agenda Item No. 11 Page 1 of 46 CC Agenda 09-16-2024
MOU with CJPIA – ADA Eval and Plan
September 16, 2024

ADA. Without an up-to-date plan, the City is at significant risk for claims and litigation.

Recent audits and enforcement activities by the DOJ, FHWA, CalTrans and HUD have shown that cities and other Title II entities under the ADA, can potentially have their federal pass-through funding delayed or lost, if they do not have an updated and comprehensive ADA Self-evaluation and Transition Plan.

As a member of the CJPIA, the City has the opportunity to avail itself of various tools, services and programs that facilitate risk management objectives. Among these is the Authority’s ADA Assistance program, which facilitates compliance with the ADA. This program provides member-agencies with cost-effective professional resources to conduct compliance assessments; evaluate facilities, public rights of way, programs and policies; and work with member-agencies to develop ADA Transition Plans. Further, the CJPIA subsidizes the program by providing up to $23,500 to supplement the cost of the project.

On March 14, 2017, CJPIA contracted with Disability Access Consultants (DAC) to provide the specified professional services. Based on DAC’s proven track record, CJPIA has renewed the agreement on multiple occasions, most recently for an additional two-year period beginning July 1, 2024. While contracts of this value typically require adherence to the City’s formal contract procedures, section 2564 of the Municipal Code provides for certain exemptions. Specifically, section 2564(b) allows the City Council to bypass formal contract procedures when it serves the City’s best interests. In this case, the City’s interests are best served by entering into a MOU with CJPIA. This is because CJPIA has evaluated and endorsed DAC’s services, secured competitive pricing for its members, and committed to contributing $23,500 towards the total project cost.

The City’s project will include an assessment of city buildings, parks, rights of ways (including sidewalks), policies, and programs. The inspections to be conducted seek to evaluate each facility for public accessibility requirements to ensure barriers to the public’s ability to access and/or participated in programs and services are identified.

Following the evaluation, the consultant will collaborate with staff to develop a Transition Plan to rectify non-compliant items. The cost and duration of the Transition Plan will be dependent on evaluation findings, but such plans are typically substantial and implemented over 15-20 years. The evaluation process and commencement of a transition plan is expected to take 9-12 months.

FISCAL IMPACT:

Approval of this action would require a total appropriation of $71,700 from the funding sources noted in the chart below. The chart provides the estimated fund balance at the end of the fiscal year including the appropriation for this project.

Agenda Item No. 11 Page 2 of 46 CC Agenda 09-16-2024
MOU with CJPIA – ADA Eval and Plan
September 16, 2024

Fund Amount Account
Projected Fund
Balance @6-30-25
Post appropriation
General Fund Compliance Funds ** 19,000 101-000-2406
General Fund Unassigned 46,400 101-115-5204 7,517,231
Solid Waste Fund 3,150 304-563-5204 1,702,863
Water Fund 3,150 301-561-5204 10,461,141
Total Appropriation 71,700
** The Compliance funds available are the outcome of the SB1186 California Senate Bill which requires a $4 fee for local business license applications for the purpose of increasing disability access and compliance.

Staff makes every effort to identify situations (like here) where the General Fund unassigned/reserve balance is anticipated to be utilized and to justify the expense, as any expenditure from this funding source should be considered closely as it reduces the amount of funding available for unanticipated general fund expenses. In this case, staff recommends proceeding with the proposed project due to the importance of the projects, and the significant reduction in potential liability which likely would exceed the cost of this project. It is important to note that upon completion of this review, several improvements will likely be identified and considered in future budgets.

STRATEGIC PLAN:

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

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

A. Agreement between DAC and CJPIA
B. Addendum to agreement between DAC and CJPIA
C. MOU between City of Port Hueneme and CJPIA
D. DAC Proposal for Services
Agenda Item No. 11 Page 3 of 46 CC Agenda 09-16-2024
This Page Intentionally Left Blank
Agenda Item No. 11 Page 4 of 46 CC Agenda 09-16-2024

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services (“Agreement”) is made this day of March 14, 2017 (“Effective Date”) by and between the California Joint Powers Insurance Authority (“Authority”) and Disability Access Consultants (“Consultant”) (together sometimes referred to the “Parties”).

Section 1. SERVICES. Subject to the tenus and conditions set forth in this Agreement, Consultant shall provide to Authority the services described in the Scope of Work attached as Exhibit A, and incorporated here. Such work shall be provided at the time and place and in the manner specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30. 2018. Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is othenvise terminated or extendedas provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Authority’s right to terminate theAgreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner including the necessary expertise or knowledge of the profession in whichConsultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the project representative.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to Agreement. In the event that Authority, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Authority of such desire of Authority, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt ofauthorization from the Authority’s project representative.

1.6 Eligible Recipients of Services. Authority members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement.

Additional services outside ofthe ADA assistance level services shall be at the agreed upon hourly rate of $98 per consultant. All members ofthe Authority are eligible, including but not limited to:
3/14/17 FINAL DAC/JPIA Page 1
Attachment A
Agenda Item No. 11 Page 5 of 46 CC Agenda 09-16-2024
City of Agoura Hills, Agoura Hills/Calabasas Community Center, City of Aliso Viejo, Town of Apple Valley, Area B Disaster Management, Area E Disaster Management, City of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of BellGardens, City of Beilfiower, Big Bear City Community Services District, Big Bear Fire Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System, City of Bradbury, City of Brawley, City of Bueliton, City of Calabasas, City ofCamarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra Transportation Authority, City of El Centro, City of Fillmore, City of Fountain Valley, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City ofGrover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hidden Hills, City of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Loma Linda, City of Lomita, City of Malibu, Town of Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transportation Authority, City of Needles, City of Norwalk, City of Ojai, Orange County Council of Governments, City of Palm Desert, City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles, City of Pico Rivera, City of Pismo Beach, Pomona Valley Transportation Authority, City of Port Hueneme, City of Poway, City of RanchoPalos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, Cityof San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside CountySanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Temple City, Ventura Port District, City of Villa Park, City of Walnut, West Cities Police Communication Center, City of Westlake Village.

Section 2. COMPENSATION. Authority hereby agrees to pay Consultant in accordance with the payment schedule as set forth in Exhibit B, attached hereto and incorporated herein by reference as though set forth in full, based upon work completed, as defined in Exhibit A. In the event of a conflictbetween this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. Authority shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Authorityto Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices toAuthority in the manner specified herein. Except as specifically authorized in advance by Authority, Consultant shall not bill Authority for duplicate services performed by more than one person. 3/14/17 FINAL DAC/JPIA Page 2 Agenda Item No. 11 Page 6 of 46 CC Agenda 09-16-2024

2.1 Invoices. Consultant shall submit invoices during the term ofthis Agreement, based on the work completed, and within 30 days. All work billed shall be on a per member basis,with an itemized detail of set-vices performed.

2.2 Payment. Authority shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incutTed.Authority shall have 30 days from the receipt of an invoice that complies with all of therequirements above to pay Consultant.

2.3 Total Payment. Authority shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement.

Authority shall make no payment for any extra, further, or additional service pursuant to this Agreement.

2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.5 Payment upon Termination. In the event that the Authority or Consultant tetminates this Agreement pursuant to Section 8, the Authority shalt compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorilycompleted as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

Section 3. EQUIP1tIENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all supplies and equipment necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Without limiting Consultant’s indemnification of Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at itsown expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Authority.

4.1 General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractualliability that has not been amended. Any endorsement restricting standard [SO “insured contract” language will not be accepted.

4.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Oftice form CA 00 01 covering bodily injury andproperty damage for atl activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired,non-owned or rented vehicles, in an amount not less than S 1.000,000 combined singlelimit for each accident. 3/14/17 FINAL DAC/JPIA Page 3 Agenda Item No. 11 Page 7 of 46 CC Agenda 09-16-2024

4.3 Professional LiabiLity (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$l,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the servicesrequired by this agreement.

4.4 Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

4.5 Proof of Insurance. Consultant shall provide certificates of insurance to Authority as evidence ofthe insurance coverage required herein, along with a waiver ofsubrogation endorsement for workets’ compensation. Insurance certificates and endorsements must be approved by Authoi-ity’s risk manager prior to commencement of perfonnance. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time.

4.6 Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or sub-consultants.

4.7 Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance oi- self-insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4.8 Authority’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced,Authority has the right hut not the duty to obtain the insurance it deems necessary and any premium paid by Authority tvill be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium fiorn Consultant payments. In the alternative, Authority may cancel this Agreement.

4.9 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI 3/14/17 FINAL DAC/JPIA Page4
Agenda Item No. 11 Page 8 of 46 CC Agenda 09-16-2024
(or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Authority’s risk manager.

4.10 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Authority, its elected orappointed officers, agents, officials, employees and volunteers or shall specifically allowConsultant or others providing insurance evidence in compliance with thesespecifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right ofrecovery against Authority, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

4.11 Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on theAuthority nor does it waive any rights hereunder.

4.12 Requirements Not Limiting. Requirements ofspecific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to theexclusion of other coverage, or a waiver of any type. Ifthe Consultant maintains higherlimits than the minimums shown above, the Authority requires and shall be entitled tocoverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority.

4.13 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except fornonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each reqtLired coverage.

4.14 Additional Insured Status. General liability policies shall provide or be endorsed to provide that Authority and its officers, officials, employees, agents, volunteers, andmembers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

4.15 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements ifthey include any limiting endorsement of any kind that has not been first submitted to Authority and approved of in writing.

4.16 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to eachinsured against whom claim is made or suit is brought, except with respect to the 3/14/17 FINAL DAC/JPIA Page 5 Agenda Item No. 11 Page 9 of 46 CC Agenda 09-16-2024 insurer’s limits of liability. The policy/policies shall not contain any cross-liability exci cLSIOfl5.

4.17 Pass Through Clause. Consultant agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage andendorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided inconformity with the requirements of this section. Consultant agrees that upon request, allagreements with consultants, subcontractors, and others engaged in the project will be submitted to Authority for review.

4.18 Authority’s Right to Revise Specifications. The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required bygiving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Authority andConsultant may renegotiate Consttltant’s compensation.

4.19 Self-Insured Retentions. Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority.

4.20 Timely Notice of Claims. Consultant shall give Authority prompt and timely notice of claims made or suits instituted that arise ottt of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of therequired liability policies.

4.21 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution ofthe work.

Section 5. INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to Authority and hold harmless the Authority and its officials, officers, employees, agents, members, and authorized volunteers from and against any and all losses, liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, damages and expenses of any kind, whether actual or threatened, (including but not limited to attorneys’ fees and costs, court costs, interest defense costs, and expertwitness fees) where the same arise out of are a consequence of or are in any way attributable to, in whole or in part, the performance of this Agreement (or the failure to perform) by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Such indemnification, defense and hold harmless extend to Consultant’s provision, use, transport and storage of hazardous materials, as those commonly aredefined under state and federal laws and regulations.3/14/17 FINAL DAC/JPIA Page 6 Agenda Item No. 11 Page 10 of 46 CC Agenda 09-16-2024 The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property or violation of law arises wholly from the negligence or willful misconduct ofthe Authority or its officers, employees, agents, members, or authorized volunteers and (2) the actions of Consultant orits employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law.

It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defendas set forth in Section 2778 of the California Civil Code. Acceptance by Authority of insurancecertificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term ofthis Agreement, Contractor shall be an independent contractor and shall not be an employee of Authority. Authorityshall have the right to control Contractor only insofar as the results of Contractor’sservices rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Authority shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.

Notwithstanding any other Authority, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident ofemployment by Authority, including but not limited to eligibility to enroll in theCalifornia Public Employees Retirement System (PERS) as an employee of Authorityand entitlement to any contribution to be paid by Authority for employer contributions and/or employee contributions for PERS benefits. It is understood by the parties that Contractor is independent and does not constitute a common law (employer-employee) relationship and said agreement is exempt for the post-retirement employmentrequirements.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws ofthe State of California shall govern this agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder.

7.3 Licenses and Permits. Consultant represents and warrants to Authority that Consultant and its employees. agents. and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to Authority that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in 3/14/17 FINAL DAC / JPIA Page 7 Agenda Item No. 11 Page 11 of 46 CC Agenda 09-16-2024 effect at all times during the term or this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the termof this Agreement valid Business Licenses from Authority.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Authority and Consultant hereby agree that this Agreement may be cancelled upon 30 days’ written notice.

In the event of terniination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Authority, however, may condition payment of such compensation upon Consultant delivering to Authority any or all documents, photographs, computer software, video and attdio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Authority in connection with this Agreement.

8.2 Extension. Both pal-ties agree that extending the Agreement beyond that provided for in Subsection 1 .1 may be in the best interest of all concerned. Any such extension shall require a written amendment to this Agreement, as provided for herein. Authority andConsultant understand and agree that, if both parties agree to such an extension, all termsand conditions of the original Agreement shall remain the same, and extended to the dateprovided for in said amendment.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Authority and Consultant shallsurvive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms ofthis Agreement, Authority’s remedies shall include, but not be limited to, any or all ofthe following:

8.5.1 1 mmcdi ately terminate the Agreement;

8.5.2 Retain the documents, and any other work product prepared by Consultant pursuant to this Agreenient;

8.5.3 Retain a different Consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the 3/14/17 FINAL DAC/JPIA Pages
Agenda Item No. 11 Page 12 of 46 CC Agenda 09-16-2024
amount that Authority would have paid Consultant putsuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports. data, maps. models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form thatConsultant prepares or obtains pursuant to this Agreement and that relate to the matterscovered hereunder, shall be the property of the Authority. Consultant hereby agrees to deliver those documents to the Authority upon termination ofthe Agreement.

9.2 Consultant’s Books and Records. Consultant 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 the Authority under this Agreement for a minimum of three (3) years, or for any longerperiod required by Law, from the date of final payment to the Consultant to thisAgreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit,and/or copying at any time during regular business hours, upon oral or written reqtiest of, the Authority. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Authority or as part of any audit of the Authority, for a periodofthree (3) years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.
101. Attorneys’ Fees. If either party to this Agreement brings any action, including an action for declaratory relieL to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action sla1l be vested exclusively inOrange County.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Barbara Thorpe.

10.7 Authority Contract Administration. This Agreement shall be administered by Norman Lefiuann (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee.

10.8 Notices. Any written notice to Consultant shall be sent to:

Barbara Thorpe, President/CEO
Disability Access Consultants
2243 feather River Boulevard
Oroville, CA 95965
Any written notice to Authority shall be sent to the project representative, Abraham Han.

10.9 Integration. This Agreement. including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between Authority and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

10.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the Effective Date.

AUTHORITY CONSULTANT
Jo hull, Chief Executive Of cer Barbara Thorpe. President/CEO 3/14/17 FINAL DAC/JPIA Page 10
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EXHIBIT A
SCOPE Of SERVICES
Consultant will provide the necessary professional services:

Assistance Level 1: Member Assessment and Overall Diagnostic Profile Consultant will perform an assessment to determine the current level of ADA compliance, inaccordance with Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and Title 24 of the California Building Code, and plan a course of actionto enhance compliance. Consultant will review the initiatives of the Member to assesswhether the Member has met any or all of the mandatory compliance requirements of the ADA, Section 504 of the Rehabilitation Act and Title 24 and related accessibility standards and requirements. If, after review, it is determined that the member needs to complete or revise any ofthe required compliance components, Consultant will provide a recommended compliance plan that may include other assistance-level options.

All members participating in the Authority’s ADA Assistance Program shall receive Assistance Level 1 by default.Following is a list of items determined during an assessment:
• An ADA coordinator has been designated, noticed, and posted. • Each site has a current transitionlbarrier removal plan that meets the requirements under Title II ofthe ADA.
• A self-evaluation of programs, services, activities, policies, procedures, and practices has been completed.
• The member has updated its current transition/barrier removal plan, if applicable. • Current ADA transition/barrier removal plans include all sites, such as new sites added since the completion ofthe previous plan.
• Space leased “to” others by the member is identified. • Any current ADA-related concerns or issues are identified, including any pending or actual litigation.
• The member may need questions answered regarding the ADA, Title 24 of the California Building Code (CBC) or related accessibility standards. • Staff development activities have been provided or are requested. • Methods and priorities are recommended to members for achieving ADA compliance.

2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans Consultant will inspect sites that may be new or not inspected previously, or have had extensive modernization or major remodeling. Work will include inspection of member facilities and public rights-of-way, and identification of barriers to accessibility, solutions to remove these barriers, and incorporation of the information into Consultant’s accessibility management software.
3/14/17 FINAL DAC/JPIA Page 11
Agenda Item No. 11 Page 15 of 46 CC Agenda 09-16-2024
As part of Assistance Level 2, Consultant will provide training regarding the use ofthe management portion of DACTrak. Assistance Level 2 does not include comprehensivetraining in the use of DACTrak for the member to collect their own data.

3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices Consultant will conduct a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory. Programs, services, and activities would be reviewed to determine accessibility by persons with disabilities. 3/14/17 FINAL DAC/JPIA Page 12
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EXHIBIT B

RATES AND SCHEDULE OF PAYMENTS
Billing and Reimbursement:

Assistance Level 1: Member Assessment and Overall Diagnostic Profile The rate for this assistance level is a total one-time charge per member of $2,800, which includes all expenses.

2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans The hourly rate is $98 per consultant, plus actual expenses. Any amounts for services provided beyond the $16,500 per-member funding allowance will be billed to Authority for payment.

DACTrak Software License
Members that have DAC perform inspections of all facilities and public rights of way (Assistance Level 2) shall receive a one-year DACTrak software license at no cost to either the member or the Authority.

In all other instances, the Authority shall pay the first year of the DACTrak software licensefee for the member.

Any DACTrak software license fees beyond the first year shall be paid by the member andnot by the Authority.

The DACTrak annual software license fee is $2,000.

3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices The hourly rate is $98 per consultant, plus actual expenses. For amounts for services provided beyond the $5,000 per-member funding allowance will be billed to Authority for payment.

4. Expenses
Reasonable, actual expenses will be charged as authorized by Authority and may include mileage at the IRS rate, hotel, meals, rental car, airfare (no first-class flights) and travel time. 3/14/17 FINAL DAC/JPIA Page 13
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ADDENDUM TO AGREEMENT

BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND

DISABILITY ACCESS CONSULTANTS
This Addendum (“ADDENDUM”) is made and entered into this 1st day of July, 2024, by and between the California Joint Powers Insurance Authority (“The AUTHORITY”) and Disability Access Consultants (“CONSULTANT”) (together sometimes referred to as “Parties”).

WITNESSETH:

WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement (hereinafter referred to as “AGREEMENT”) for Americans with Disabilities Act (“ADA”) compliance consulting services related to the AUTHORITY’s ADA Assistance Program, which was approved by the AUTHORITY’s Chief Executive Officer on March 14, 2017; and WHEREAS, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this ADDENDUM, both the AUTHORITY and CONSULTANT desire to revise the AGREEMENT in the manner described herein; and WHEREAS, the AGREEMENT shall be amended as follows:

1. Section 1.1 (“Term of Services”) of AGREEMENT shall reflect the term being extended until June 30, 2026. If all Parties agree that further extending the AGREEMENT beyond June 30, 2026, is in the best interest of all Parties, then another addendum shall be executed at the appropriate time.

2. Section 1.6 (“Eligible Recipients of Services”) of the AGREEMENT shall read as follows:

California JPIA members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement. Additional services outside of the ADA assistance level services shall also be available at the agreed upon hourly rate of $120 per consultant. All members of the California JPIA are eligible, including but not limited to:

City of Agoura Hills, Agoura Hills and Calabasas Community Center, City of Alhambra, City of Aliso Viejo, Town of Apple Valley, Area E Disaster Management, City of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of Bell Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System, City of Bradbury, City of Brawley, City of Buellton, City of Calabasas, City of Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra Transit Authority, City of El Centro, City of Fillmore, Foothill Transit, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hermosa Beach, City of Hidden Hills, City of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La Attachment B
Agenda Item No. 11 Page 19 of 46 CC Agenda 09-16-2024
Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Lemon Grove, City of Loma Linda, City of Lomita, City of Malibu, City of Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transit Authority, City of Needles, City of Norwalk, City of Ojai, Orange County Council of Governments, City of Pacific Grove, City of Palm Desert, City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles, City of Pismo Beach, Pomona Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, Rossmoor Community Services District, City of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Clarita, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County Sanitation District, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Stanton, City of Temple City, Ventura Port District, City of Villa Park, City of Vista, City of Walnut, West Cities Police Communication Center, City of West Covina, City of West Hollywood, City of Westlake Village.

IN WITNESS WHEREOF, the Parties hereto have caused this ADDENDUM to be executed this 1st day of July 2024.
“The Authority” “Consultant”
California Joint Powers Insurance Authority Disability Access Consultants, LLC ___________________________________ ________________________________________ Alex Smith, Chief Executive Officer Tim Mahoney, General Manager Agenda Item No. 11 Page 20 of 46 CC Agenda 09-16-2024

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is between the California Joint Powers Insurance Authority (“CJPIA”) and the City of Port Hueneme (“Member”) for purposes of authorizing work related to CJPIA’s ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services.

Disability Access Consultants (DAC) will perform all work for Member on behalf of the CJPIA in accordance with all terms, covenants, standards, and conditions set forth in that certain agreement between the CJPIA and DAC, entered into on March 14, 2017 of which Member shall be considered a third party beneficiary to that agreement. Copies of the agreement are attached hereto as and incorporated herein by reference as if fully set forth herein.

This MOU also discloses costs related to the aforementioned work, which will be billed directly to CJPIA. CJPIA will then invoice Member, less the amount of CJPIA ADA Assistance Program funding. Member agrees to pay the invoiced amount within 30 days of billing by CJPIA.

1. Total cost for all work to be performed by DAC, $91,800 as per attached DAC written proposal.

2. Total program funding provided by CJPIA to be $23,500 paid directly to DAC on behalf of Member
for the aforementioned work.

3. Total amount owed by Member, representing $68,300
difference between Line 1 and Line 2, which
will be billed by CJPIA.

Should additional inspection items be added to the scope of work, DAC will provide an addendum to the proposal. Member acknowledges and agrees to be responsible for any supplemental costs incurred from the addition of these items to the scope of work (e.g., buildings, facilities, bus stops, sidewalk mileage, etc.). A revised MOU must be executed by the Member and CJPIA, before proceeding with additional work. ____________________________________ _______________
James Vega, City Manager Date
City of Port Hueneme
____________________________________ _______________
Toni Consolo, Senior Risk Manager Date
Attachments: DAC Proposal, DAC Professional Services Agreement, and addenda.

Attachment C
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City of Port Hueneme
Proposal for Accessibility Services

AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND

TRANSITION PLAN
Updated Proposal September 10, 2024
Disability Access Consultants, LLC
2862 Olive Highway, Suite D
Oroville, CA 95966
Attachment D
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Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 1

COVER LETTER
September 10, 2024 - UPDATED PROPOSAL
To: Mr. Charles Peretz
Deputy City Manager
City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA 93041
Re: Americans with Disabilities (ADA) Self-Evaluation and Transition Plan Proposal Firm Information: Disability Access Consultants, LLC (DAC) Headquarters: 2862 Olive Highway, Suite D
Oroville, CA 95966
[email protected]
Phone: 1-800-743-7067
We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of Port Hueneme public facilities and public rights-of-way.

Under Title II of the ADA, the City of Port Hueneme is required to have a current Self-Evaluation and Transition Plan. Title II entities, such as the City of Port Hueneme may be at significant risk for claims and litigations by not having a current plan. Also, recent audit and enforcement activities by the DOJ, FHWA, CalTrans and HUD have shown that cities and other Title II entities under the ADA, potentially can have their federal pass-through funding delayed or lost, if they do not have an updated and comprehensive ADA Self-evaluation and Transition Plan.

DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Port Hueneme. Founded as a California corporation and woman owned business in 1998, DAC has provided services for the past 26 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation.

DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds, 32,000 miles of sidewalks and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards. DAC has completed over a hundred similar studies.

To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats.

Respectfully submitted by Tim Mahoney, General Manager
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Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 2

FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS
Since Disability Access Consultants was founded in 1998, DAC has provided services to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Port Hueneme.

As our founder, Barbara Thorpe, worked with a public entity for 20 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan.

DAC has a team of more than 25 staff, with our Senior
Director of Accessibility Services Michael Boga holding CASp Certificate #152 and our Director of Accessibility Services Candice Pursh holding CASp Certificate #1140.

Our team is dedicated to assisting public entities, such as the City of Port Hueneme, with ADA compliance. DAC has
a comprehensive understanding of applicable standards,
regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards.

DAC has a reputation to being responsive to the client’s needs, providing on-time project completion within budgets. DAC has a proven track record for comprehensive experience in conducting ADA Self-Evaluations and Transition Plans, implementation and related services.

DAC is currently assisting the California Joint Powers Insurance Authority (CJPIA) members, of which the City of Port Hueneme belongs, to assist members with ADA compliance at a discounted rate. DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods. Over the 26 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record.

DAC provides a full continuum of professional services that include, but are not limited to:
• Facility inspections
• Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Policy review and development
• Transition plans
• Public rights-of-way surveys
• Consultation
• Accessibility compliance intake and management software – DACTrak • DACTrak training to conduct your own inspections
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Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 3 • Expert witness services
• Plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections
• ADA Playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
• ADA Standards
• California Building Code
• ADA-ABA
• UFAS
• ANSI
• Section 504 of the Rehabilitation Act
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI) standards • PROWAG – Federal Public Rights-of-way Guidelines
• Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our clients’ current status by preparing a study of all areas related to accessibility in different departments to document ongoing compliance.

Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-ofway. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive web-based software and is not an enhanced Excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software.

Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress.

DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City’s ADA plan and provides photographs of as-is site conditions, which has proved to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.

DACTrak Accessibility Management Software
The accessibility management software is included at no cost to the City for the first year as the cost is paid by the CJPIA. If the City decides to continue with the use of the online management software after the initial year, the cost is $2,000 and includes unlimited seat licenses. The use of the DACTrak software includes the storage and maintenance of the data. If the City decides not to continue to use the online DACTrak Accessibility Management System to maintain, update and document compliance of the ADA plan, the data can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and easy to manage software (instead of Excel spreadsheets) is imperative to maintaining and updating the ADA plan.

Reports can be customized using categories, and findings may be organized as demonstrated in the screen shots of the DACTrak software included in the supplemental materials Appendix.

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Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 4

PROJECT TEAM STAFFING AND RESUMES
DAC has a dedicated team of twenty-five professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The team has worked together on numerous ADA compliance projects with City and Town governments and public entities.

DAC works with several large JPA’s and insurance pools to assist public entities with ADA compliance.

The DAC team has a proven record to provide on-site services in a collaborative and efficient manner.

DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will be involved with the project and field evaluations. The project team is organized to provide a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of Port Hueneme project.

Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City’s Project Manager or designee. Barbara will serve in the leadership role regarding the ADA selfevaluation of programs, services, activities and events along with the review of policies and procedures. The public input process will be coordinated by Barbara in collaboration with the City.

Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998.

With an additional 26 years of experience with DAC working with school districts, city, town and county governments nationally, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation for accessibility compliance.

In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the California Department of Transportation (Caltrans) and the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist.

City of Port Hueneme
City Contacts
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Senior Director of Accessibility Services
Candice Pursch
CASp-1140, ICC
Director of Accessibility Services
Field Inspectors (4-6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe
President
Project Manager
Tim Mahoney
General Manager
Agenda Item No. 11 Page 27 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 5 Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400 public entity self-evaluation and transition plan projects that are similar to the City of Port Hueneme’s project.

Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control As manager of the production and the field survey teams, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements for facilities, parks and public rights-of-way. If requested, Michael would provide training, assist with plan reviews and review new construction and renovations completed for compliance. Michael has worked on over 400 projects that are similar to the City of Port Hueneme’s ADA Self-evaluation and Transition Plan project.

Candice Pursch, A.S. Building Inspection Technology, California Certified Access Specialist (CASp #1140) ICC Accessibility, Usability and Plans Examiner, Accessibility Trainer Director of Accessibility Services
Candice’s 19 years of experience with DAC includes accessibility surveys of thousands of public facilities while employed by DAC as an accessibility specialist. Her educational background includes a degree in Building Inspection Technology from Butte College and coursework in Architectural Project Management at California State University with emphasis on construction plans and specifications, construction materials and systems, building codes, construction graphics and architectural design.

Candice is a California Certified Access Specialist (CASp #1140). Candice has completed the updated Agenda Item No. 11 Page 28 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 6 DSA courses regarding the California Building Code that include CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing and Social Service Enter Establishments. Candice also has International Code Council (ICC) Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building Inspector. As a volunteer for Habitat for Humanity, Candice volunteers to help build residential homes. Candice provides oversight of accessibility specialists and performs quality control checks.

Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 16 years. Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. Jennie also organizes the process and procedure for providing opportunities for public input, as well as collecting and compiling the information received into the self-evaluation and transition plan. Jennie also provides training and help desk support for DACTrak users.

Tim Mahoney, B.S.

General Manager
Tim brings twenty-eight years of executive management experience in consulting, IT, manufacturing and the construction industries. Additionally, Tim has provided program development and management for members of professional associations for twenty years. Tim has also assisted in the design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas. As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations.

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Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 7 Srikant Talasila, M.S. Computer and Internet Applications Director, Information Technology
Srikant has worked in DAC’s IT Department for the past 16 years and has a total of 25 years in the field of Information Technology, holding a master’s degree in Computer Science. Srikant is very proficient in numerous software technologies, including but not limited to all modules of .Net, Java, SQL Server and Oracle. Srikant is also a Microsoft Certified Azure Solutions Architect Expert. Srikant oversees DAC’s entire IT department, including infrastructure and applications, as well as managing and overseeing all stages of the development lifecycle for new software. In addition to maintaining existing software, Srikant also ensures that all necessary software updates and version enhancements are completed. Srikant also oversees the maintenance of all hardware and verifies that all reported IT related issues are resolved quickly and efficiently.

SUBCONSULTANTS
DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff.

SCOPE OF WORK
DAC understands that the City is seeking a qualified firm to inspect, evaluate and prepare reports identifying potential barriers in the City-owned buildings, parks, parking lots and public rights-ofway.

The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing a schedule for barrier removal over time in a cost effective and realistic manner, using programmatic solutions where available.

To successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of Port Hueneme without imposing unnecessary interruptions or burdens to staff. During the past 26 years, Barbara Thorpe and her team have developed ongoing working relationships with City, Town and County governments and have worked diligently to have clear lines of communication.

DAC has the extensive knowledge and experience with all Federal and State regulations during the past 26 years in business, that includes, but is not limited to the ADA up to and including the current 2010 Americans with Disabilities Act Standards (ADAS), 28 Code of Federal Regulation (CFR) 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and Regulations.

Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings
In addition to the above understandings and confirmations, DAC has found through its experience of working with City, Town and County Governments and Joint Power Authorities, such as the California Joint Powers Insurance Authority, of which the City of Port Hueneme is a member, that certain other items enhance the level of success and implementation of ADA Transition Plans and Self-Evaluations by public entities.

The California JPIA (CJPIA) offers a discounted price to its members that has been negotiated with DAC. The CJPIA is also assisting members, such as the City, with costs for selected services for ADA compliance.

The use of DACTrak by City staff to conduct surveys at facilities, process reports and manage the information to implement and document the plan may assist the City to more efficiently and effectively achieve the City’s project objectives and will provide longevity to the plan.

Agenda Item No. 11 Page 30 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 8 As an additional value at no cost, DAC provides at least one photograph of each noncompliant accessible item or element, a record number for reference, estimated costs and other features to assist with the implementation of the Transition Plan. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress. Custom reports can be easily prepared, printed and saved in a variety of formats.

DAC includes the following additions at no additional cost:
• Noncompliant findings and recommendations are included in the DACTrak software • One or more photographs of each noncompliant finding are included • Additional photographs can be viewed of the noncompliant item by one click • DACTrak provides a method to schedule and track the barrier removal • Documentation of progress and compliance using the progress reporting feature of DACTrak • Priorities can be established and further refined using DACTrak DACTrak provides for an organized input method that captures all the information gathered from the site inspections with photographs for each noncompliant finding. All the field information is captured in a web-based software package and provides for “green” data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans.

DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan. Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include:
• Software to update and manage your Transition Plan
• The ability to document progress and barrier removal
• The ability to print custom reports
• The ability to update the plan “automatically” when codes change without re-inspecting sites • The ability to project costs
• The ability to add or delete facilities
DAC’s collection of actual measurements of as-is conditions and GIS information for public rights-ofway is another value-added item. The collection of an as-is condition is an asset to allow the user to make an informed decision based on an actual measurement. For example, if a “yes” or “no” approach is utilized to indicate if an item is compliant, the user may not know what the actual level of noncompliance is and would not be able to set a priority or severity rating. If codes change, the information collected can be re-processed without the need to re-inspect, thus providing longevity of the plan and internal capacity of the City in a cost-effective manner.

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Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 9

SCOPE OF WORK OVERALL PHASES
DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the following scope of work description.

Phase I: Study and Evaluation - Self-Evaluation/Facility Survey/Barrier Assessment a) DAC will conduct an initial project kick-off meeting, if requested, with selected City of Port Hueneme staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Port Hueneme facilities and identify key City of Port Hueneme personnel related to the project scope. Initial self-evaluation activities will be completed during this step.
b) The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the City maintained public rights-of-way to sidewalks, curb ramps and signalized intersections. d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 of the California Building Code and the ADA Standards (previously referred to as ADAAG). e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than ½ inch, no actual quantifiable information is reported of how much greater or of the severity. In order to get the actual measurements for the sidewalks and intersections, the use of a “profiler” does not provide the measurements needed for items such as automated pedestrian signals and street furniture.
f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs to be updated.
g) Provisions and standards for historic buildings will be applied as appropriate. h) Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code.
i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element Agenda Item No. 11 Page 32 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 10 in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
j) Physical access problems that require structural solutions will be documented in the Compliance Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will identify physical barriers that may limit accessibility of City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City.
k) The field survey information will be presented to the ADA Compliance Team as requested using the DACTrak online accessibility management system. Many different types of reports will be available for the City. Feedback will be incorporated as appropriate. l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF formats. The Transition Plan data will include photographs, findings, recommendations, code references, estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility management. Photographs and GIS coordinates are valuable for the development of the transition plan. m) DAC will assist the City to solicit input from members of the community and persons with disabilities. Methods will be utilized to solicit public input may include notices, information on the website and surveys.
n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and online tracking tools that allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan requirements.

Phase II: Implementation Phase - Transition Plan Development a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan for facilities, buildings, parks and public rights-of-way. b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels. c) DAC will meet with the City to review the draft document and incorporate any comments, changes or feedback.
d) DAC will assist the City to conduct public outreach activities that may include website announcements, postings, surveys, announcements, individual meetings and other activities as requested.
e) DAC will prepare and produce a
second draft if necessary with a
detailed description of the barrier
and the proposed method for barrier
removal.
f) DAC will train the City in the use of
the DACTrak online accessibility
management system to prepare
reports as well as update and
manage the ADA Plan.
g) DAC will provide an executive
summary of the project.
h) If requested, DAC can present the
draft ADA Transition Plan at a
regularly scheduled council meeting
for discussion and for informational purposes. DAC does not recommend that the plan be adopted by the City, as adoption is not required and may cause additional discussion regarding projected dates in the plan that are meant to be “projected and estimated dates” and not final dates of Agenda Item No. 11 Page 33 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 11 barrier removal.
i) DAC will provide the City with DACTrak, an online monitoring, tracking, and management system at project completion. DACTrak allows users to review and update progress in barrier removal, and to generate many different styles of reports to document progress. DACTrak contains one or more integrated photographs that are attached to the finding, eliminating the need to reference another area or report supplement. DACTrak is an actual accessibility management software, not just electronic database of items contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does not provide the City with a tool containing integrated photographs needed to implement the plan, set priorities, make notes and print custom reports.

If the City does not want to use the software, the data can be placed in an Excel spreadsheet. • DAC will license DACTrak to the City to manage all of the field data collected, print custom reports, document progress, estimate costs and perform other management functions; • Data collected will be the property of the City should the City decide for any reason not to continue to use the DACTrak accessibility intake and management software system; • The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of DACTrak;
• DACTrak will include and provide correlation with field data collected, reports, transition plans, drawings, code references, estimated costs and photographs for each noncompliant accessibility item or element;
• Reference maps for GIS information will be provided in addition to a linked mapping system for each item;
• DACTrak provides a description, location and record number for each barrier that allows the user to access the information and location
j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and administrative point of view and also for facility management and maintenance.

Agenda Item No. 11 Page 34 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 12

COST PROPOSAL

1. Total Cost for the following City of Port Hueneme facility/park inspections is: $56,200 1) City Hall
2) Human Resources and Information Technology Offices
3) Community Center
4) Port Hueneme Historical Museum
5) Moranda Park Rec Building
6) Utilities Services Yard
7) Housing and Facilities Office
8) Snack Bar/Fish Market/Bait Building
9) Port Hueneme Pier
10) Bubbling Springs Park
11) Bolker Park
12) Bubbling Springs Recreation Corridor
13)Dewer Park
14)Hueneme Beach Park
15) Moranda Park
16) Wene'Mu Park
17) Beach Parking Lot City
18) Beach Parking Lot City
19) Beach Parking Lot
20) Beach Parking Lot
21) Postal Drive-thru City
22) Agency Vacant Lot
23) Two Agency Vacant Lots
24) Vacant Building
25) Vacant Lot (City Owned)
26) Agency Owned Lot
27) Agency Vacant Lot
28) Agency Vacant Lot
29) Agency Vacant Lot
30) City Vacant Lot (Water Tower)
31) Water Treatment Plant

2. Total estimated pricing for the inspection of Public Rights-of-Way: $28,600 City has indicated it currently owns an estimated 44 linear sidewalk miles within its City owned Public Rights-of-Way (PROW). DAC will survey an estimated 44 linear miles of City sidewalks, curb ramps, APS intersections and bus stops for a total cost of $28,600 using the rate of $650 per linear mile of sidewalk.

Agenda Item No. 11 Page 35 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 1 Cost Summary

1. Total estimated cost for Facility/Park inspections (AL-2): $56,200

2. Total estimated cost for Public Rights-of-Way inspections (AL-2): $28,600 a. Total estimated cost Facilities, Parks and PROW Inspections $84,800 b. Less AL-2 Assistance Funding provided by CJPIA ($16,500) Total AL-2 Cost AL-2 to City of Port Hueneme $68,300

3. Cost of review of policies, procedures and programs and public input assistance :$5,000 a. Review of Programs, Policies and Procedures and Public Input Process. b. Less AL-3 Assistance Funding provided by CJPIA ($5,000) Total AL-3 to City of Port Hueneme $0.00

4. DACTrak Licensing is paid for by the CJPIA in year one. $2,000 a. Less CJPIA DACTrak Assistance ($2,000)
b. Year 2 and beyond DACTrak licensing is $2,000/year.

Total DACTrak Cost to City of Port Hueneme in Year 1 $0.00 *Total AL-2 and AL-3 Assistance provided by CJPIA: $23,500 SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES Based upon experience, a project milestone chart is provided in months. It is estimated that the project will be completed in twelve (12) or sooner. The chart below is a summary of major milestones and is not necessarily representative of all of the individual project activities.

Scope of Service –Activity or
Task
1 2 3 4 5 6 7 8 9 10 11 12
DAC Team Meetings with City;
survey methodologies, deliverables
and schedule confirmation
Project planning, scheduling,
procedures review
Field inspection data compiled
Public Input and community
outreach
Draft Self-Evaluation of services,
policies, programs and practices
Final Draft
Deliverables completed and
presentation to the City
Agenda Item No. 11 Page 36 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 2 Consultant Responsibilities
DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan and provide the City with an anticipated project schedule prior to commencement of work.

DAC will perform all work in conformance with current City policies and procedures and carry out the instructions received from the City, in cooperation with other City approved and involved agencies.

DAC has the financial, operational and staff stability to complete a quality and comprehensive project on time. DAC has no adverse conditions.

Minority Utilization and Affirmative Action
DAC is an equal opportunity employer and has recruited minorities and veterans. DAC’s quality control team leader is a Vietnam veteran with a disability.

Background Checks and Fingerprinting
All employees of Disability Access Consultants have been fingerprinted and have background checks.

DAC has FBI and DOJ fingerprint clearances on file for DAC staff. We have conducted studies for school districts, state and local governments, the Federal Government, Judicial Chambers and Correctional Institutions that require background checks. DAC has found that background checks are important especially in situations where inspection staff may be working near children, and are required in certain situations.

Agenda Item No. 11 Page 37 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 3 Supplemental Materials
Sample DACTrak Screen Shots and Information
These samples are generated from the DACTrak Accessibility Management web-based software program. The following screen shots are recent examples generated from the DACTrak Accessibility Management online software program prepared for several public entity clients.

Upon logging in
to the secure
DACTrak website,
you are able to
choose the facility
you would like to
view and
manage. This
screen shot is an
example of a
facility list for a
recent public
entity transition
plan project.

After choosing a
facility, you are
able to use
Reports drop
down menu to
choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.

Agenda Item No. 11 Page 38 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 4 The Single Finding and Dual Finding Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user.

The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab.

Agenda Item No. 11 Page 39 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 5 This screenshot is an example of a finding page in a Single Finding Photo Report. This type of report shows the user the finding, with accompanying recommendation to correct the non-compliant item, the associated photo, code reference(s), estimated cost to remove the barrier, and any progress that has been added to update the transition plan.

Agenda Item No. 11 Page 40 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 6 Reports Sort and Filter Panel
Users are able to customize the report that is generated by making selections in the drop down menus and choice fields.

Single Facility PDF Report Options
DACTrak offers users many different styles of reports to view in a PDF file which can be exported from DACTrak and saved offline for viewing, printing or emailing.

Agenda Item No. 11 Page 41 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 7 Multi Facility PDF Report Options
In addition to viewing reports for individual facilities, DACTrak offers users the ability to view findings for multiple facilities combined in as single PDF. Users choose which facilities to include from the selection list and are further able to customize the generated report by selecting filtering options.

Single Facility Excel Report Options
DACTrak also contains options to export reports to an Excel format, which can be customized using the drop down menus and selection fields. The exported Excel report is a fully functioning workbook which can be further manipulated to suit the needs of the user.

Agenda Item No. 11 Page 42 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 8 Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi Facility Report option in DACTrak. This report is able to be customized using the available filter fields.

If the user requires a small file size for storage or emailing, the option is available to exclude photos in the generated report.

Map Overlay Report
Aerial map reports of non-compliant findings can be viewed using the Map Overlay option in DACTrak.

This report plots the locations of the findings on a user friendly interactive map. Unique icons are used to symbolize the different types of findings.

Agenda Item No. 11 Page 43 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 9 Drilled Down View of Map Overlay Report
Each icon in the map overlay report is a clickable link that will expand to a pop up window identifying the finding. The individual finding information may also be printed from this feature.

Summary and Chart Reports
DACTrak also includes options for summary and chart reports to be created for individual or multiple facilities. The example below is a column chart that summarizes the number of noncompliant records by category for a facility.

Agenda Item No. 11 Page 44 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 10 Global Progress Editor
Many records are able to be managed and updated with identical information from one screen using the Global Progress Editor. Users choose the records to update and the information that they would like to apply to all chosen records. Once information is entered, the user needs only to click the “Submit” button once to update all chosen records.

Priority Manager
Priority Manger allows users to manage many records on one page, but individually update each record with unique information. Once all selections are made, the user clicks “Submit” to apply all updates.

Agenda Item No. 11 Page 45 of 46 CC Agenda 09-16-2024
Disability Access Consultants Proposal to the City of Port Hueneme for ADA Consulting Services 11 Heat Map
DACTrak also provides an option for viewing locations where there is a high or low concentration of noncompliant findings in a heatmap. The following example shows locations of noncompliant exterior findings at a park, using colored icons. Information about the noncompliant findings can be viewed by clicking on each colored icon to launch an interior window with the descriptions of the findings.

The following two examples are heat maps for a park viewed in DACTrak and a signalized intersection exported to Google Earth.

Agenda Item No. 11 Page 46 of 46 CC Agenda 09-16-2024
DATE: September 16, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Tony Stewart, AICP, Community and Economic Development Director SUBJECT: APPROVAL OF MURAL DESIGN – CONTINUED DISCUSSION RECOMMENDATION:

It is recommended the City Council, after considering the additional revisions suggested by the Mural Sub-Committee Members in conjunction with those already suggested by the City Council and the Mural Committee, approve the draft mural design and authorize the Mural Committee to move forward with coordinating completion of the project.

BACKGROUND/ANALYSIS:

INITIAL REVIEW AND DISCUSSION
At their June 17, 2024 meeting, the City Council heard a presentation of the draft mural design selected by the Mural Committee.

After hearing about the design, and the minor revisions the Committee recommended be made to it, the City Council made the following comments and directed that the mural design be brought back for further discussion:
• The Council majority liked the overall design concept • Mayor Perez wanted to see more historic Port Hueneme-specific interpretation (this should be addressed through an interpretive panel). • Council Member Gama suggested the following revisions be made: remove the lemon and related blossoms; consider including California Poppies; add more emphasis on ocean imagery and proximity/view to islands from coastline (possible watermark silhouette); he supports emphasizing Port/Navy symbolism and suggested the stylized cranes used to represent the Port of Hueneme be more realistic.
• Council Member Martinez requested the addition of a Snowy Plover to the lefthand side of the mural.

Agenda Item No. 12 Page 1 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

• Comments were made about the Tomol’s (Chumash boat) perspective and how it will look if not viewed from the corner.
• Comments were made that the mural should be expanded to go around the wall at the library’s northwest corner, facing Park Avenue.

Draft #1 - Initial Mural Design
Draft #2 - Revised Mural Design with City Council and Mural Committee Input To accommodate several of the items requested for revision by the City Council and the Mural Committee, the artist team revised the mural, shown above. As can be seen in the graphic, while the overall theme was kept, several revisions were made:

Agenda Item No. 12 Page 2 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

• The title of the mural is saxipak’a - “Once Upon A Time” translated from Chumash. This, along with the Chumash elements depicted within the mural were validated by the local Chumash Tribe.
• The cranes were moved to the right corner and made to appear more realistic. • A Snowy Plover was added to the far left
• The Tomol (Chumash boat) was made to appear more realistic and additional “wave” elements were added around it
• The lemon and lemon blossoms were replaced by California poppies.

Based on previous input, additional fine-tuning could take place, such as replacing the uppermost sand dollar and poppy (above the blue heron) with an element that references the Channel Islands, and adding at least one additional Snowy Plover and additional wave elements added to the far left, which would wrap around the corner to face Park Avenue.

At the June 17, 2024 meeting, the City Council also requested that the Sub-Committee responsible for reviewing the initial submissions made in response to OPAC’s call for submissions should also be shown the selected design and be asked for their feedback.

Therefore, on June 24, 2024, Denise Sindelar of OPAC emailed the Sub-Committee Members the initial mural design, a list of the revisions recommended by the City Council and the Mural Committee, and requested any additional feedback from the SubCommittee Members.

From the June 17, 2024 meeting and Ms. Sindelar’s emails, three of the Sub-Committees provided feedback regarding the mural design and the process to date. Please refer to Attachment A.

JULY 15 CONTINUED DISCUSSION
After hearing the update on the project at their July 15, 2024 meeting, as well as the comments made by the Sub-Committee Members (per Attachment A), the City Council discussed the design revisions as well as the process further. Ultimately, the majority of the City Council decided the existing mural design should move forward, but that it was too far along in concept to allow for general public input, as there would be the possibility of too many additional revisions added. Instead, the City Council directed staff and the Mural Committee to include the Mural Sub-Committee Members’ input in the mural design before bringing it back to the City Council for further consideration.

Consequently, the City Council unanimously voted: 1) that the Sub-Committee Members meet with the Mural Committee, review the two mural designs that were not chosen to move forward, and provide feedback on the selected mural design; and 2) that the revised mural, with input from the Sub-Committee Members included, be brought back for consideration at the September 3, 2024 City Council meeting.

Agenda Item No. 12 Page 3 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

MURAL COMMITTEE/SUB-COMMITTEE MEETING
Consequently, on August 8, 2024, the Mural Committee and three of the five City Councilappointed Sub-Committee Members, along with the Sub-Committee Member who was appointed by the Ventura County Library (VCL) members of the Mural Committee, met at City Hall. (It should be noted that although at their July 15 meeting, the City Council only discussed their five Sub-Committee appointees, when the concept of the Sub-Committee was approved, it also included an appointee from the VCL, since the VCL is a partner in the mural project). The Sub-Committee Members in attendance were:

Ricardo Holden (City Council appointee)
Rick Perez (City Council appointee)
Randall Thomas (City Council appointee)
Beverly Kelley (VCL appointee)
City Council appointee Nancy Yancy-Cozza RSVP’d to attend; however, became ill and could not attend after all. However, Ms. Yancy-Cozza provided comments on the information provided at the meeting. Please refer to Attachment B.

City Council appointee Lyla Ortega did not respond to the invitation to the meeting nor attend it. However, as noted above, Ms. Ortega previously provided comments regarding the initial mural design (although not on the revised design shown to the City Council on July 15). Please refer to the last two pages of Attachment A.

During the meeting, a timeline of the project was presented by the Mural Committee, to provide context for the overall process. The three finalist designs were also shown and discussed. Finally, lessons learned and improvements that would be made to the process for potential future arts projects were discussed.

At the meeting, the Sub-Committee Members also provided the following feedback on the selected mural design:

Ricardo Holden: Liked the overall design. Liked the artist team chosen (one of his top choices from his vetting of the initial 38 proposals) and their approach to incorporating the building architecture. Liked the poppies as presented but potentially open to replacing a few of them with a different type of flower. Liked idea of adding a silhouette of the Channel Islands and made suggestion to add another silhouette to recognize the Navy – an anchor or sailor in uniform. However, also liked revised design shown to them at the meeting (with City Council and Mural Committee input incorporated) better than the original version and liked it as-is, even if no additional revisions were made.

Rick Perez: Thought the design was beautiful but that it did not depict Port Hueneme well enough. Suggested something with more Chumash componentry to depict City’s early history. Suggested the process start over and wanted to know why there was a “time crunch” for the project. Liked the idea of the QR code or other technology, such as augmented reality, so viewers could learn more about the mural project and design. Thought the revised version is better than the original.

Agenda Item No. 12 Page 4 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

Randall Thomas: Liked the revised mural design and agreed with addition of hibiscus to supplement the poppies and to add a symbol to represent the Navy. Liked the idea of adding a QR code.

Beverly Kelley: Liked the design and that it fits well with the architecture of the library building. Liked the idea of adding a QR code or other technology, such as augmented reality and suggested adding hibiscus (the official City flower) but also liked idea of adding another native flower instead of the hibiscus, to replace some of the poppies.

As noted above, two of the three City Council appointees (as well as the VCL’s appointee) were in favor of the proposed mural design with minimal revisions, while one appointee was not. In addition, as noted in Attachment A, two of the City Council appointees’ comments appreciated the proposed mural design while the other did not.

The mural design, with revisions based upon feedback from the City Council, Mural Committee and Sub-Committee Members is provided below:

Draft #3 - Revised Mural Design with Sub-Committee Members’ Input Based upon input received by the Sub-Committee Members at the August 8, 2024 meeting, the artists modified the draft mural design and provided the revised rendering to OPAC on August 30, 2024. The artists revised the previous design further by replacing the sand dollar previously depicted above the Tomol with the silhouette of a nautical compass to symbolize the U.S. Navy’s presence in the City, replaced the California poppies previously depicted in the Tomol with Cedros Island Verbena (a flowering plant that is native to seaside landscapes), and corrected the spelling of the Chumash translation of the mural’s title “Once Upon a Time”: saxipake’et.

Agenda Item No. 12 Page 5 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

Comparison of all three drafts discussed above
Draft #1 - Initial Mural Design
Draft #2 - Revised Mural Design with City Council and Mural Committee Input Draft #3 - Revised Mural Design with Sub-Committee Members’ Input Agenda Item No. 12 Page 6 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

To allow the artists sufficient time to make the revisions discussed above, and to allow time for the Mural Committee and Sub-Committee Members to review the revised design before the City Council meeting, the scheduling of the item for City Council consideration was moved from September 3 to September 16, 2024. However, this will not conflict with the completion of the project, as discussed in further detail, below. As noted above, the artists provided the third rendering draft to OPAC on August 30, 2024. OPAC member Denise Sindelar then emailed the proposed design to the Mural Committee and SubCommittee members on August 30, 2024, requesting any further feedback. To date, the Mural Committee has positively commented on the revised design, as has SubCommittee Member Nancy Yancy-Cozza. No further feedback has been received.

TIMEFRAME FOR MURAL INSTALLATION
As noted at the June 17, 2024 City Council meeting, the project is on schedule per OPAC’s proposed timeline, with the artists preparing to engage in public outreach and hire an intern over the summer. Should the City Council provide direction for the mural project to move forward at their September 3 meeting, the timeline then calls for the actual mural installation to occur in early fall, with the formal unveiling proposed to occur in late October/early November.

LANDSCAPING AND ON-GOING COSTS
To make room for the mural installation and in conjunction with the re-construction being done at the Library, the existing landscaping around the base of the Library was removed.

To replace the landscaping, the City’s contract landscape architect, who also designed the landscaping concept for the adjacent Bubbling Springs Park upgrade, proposes to use a similar plant palette at the Library. The new design will consist of using native and/or drought-tolerant low-growing shrubs and ground covers in the planter areas in front of the wall areas where the mural will be installed and to use Kurapia as a substitute for the former turf areas between the sidewalk and the low wall near the Library’s main entrance. The new landscaping will not only help “frame” the mural, but will help tie the Library to the remainder of the Bubbling Springs Park upgrades and will help conserve water. The estimated cost for the design work, actual planting and modified irrigation (i.e., replacing the controllers and some of the spray heads with drip irrigation) is estimated to be a one-time cost not to exceed $10,000. The new plants will require little on-going maintenance other than occasional edging of the Kurapia and weed control.

At the time of installation, the mural will be treated with an anti-graffiti coating (this is included within the initial cost of the mural installation) and City staff will have the product information for the various paint colors, in case minor touch up is needed. However, the artists may be needed to perform unforeseen repairs to the mural. If the artists are needed to repair the mural, their rate is $200 per hour.

The initial budget for the mural project was $50,000 in CBF funds, to be used for the permanent mural installation ($35,000) and two pop-up murals at approximately $6,000 apiece. However, the initial estimates did not include the cost of site preparation or upkeep of the murals, and staff recommends allocating the remaining $15,000 of the initial Agenda Item No. 12 Page 7 of 18 CC Agenda 09-16-2024
Approval of Mural Design
September 16, 2024

$50,000 budget to be used to pay for the replacement landscaping and irrigation, and to be set aside for some future maintenance costs. Maintaining this initial mural to a high standard will benefit all partner agencies, including the Port, County Library, and the City of Port Hueneme, by ensuring the ability to maintain and protect this investment for the community.

FISCAL IMPACT:

The cost for the preparation and installation of the mural project, related landscaping and irrigation replacement and some on-going maintenance costs will be paid from the City/Port Community Benefit Fund and therefore, there will be no impact to the General Fund. Future maintenance beyond what is budgeted through the CBF would be paid through the General Fund or could be included within a larger capital improvement program for the maintenance of the Bubbling Springs Park/Community Center/Library.

ATTACHMENTS:

A. Feedback from Sub-Committee Members Yancy-Cozza, Holden and Ortega received prior to August 8, 2024 meeting with Mural Committee and SubCommittee Members B. Feedback from Sub-Committee Member Yancy-Cozza pertaining to August 8, 2024 meeting with Mural Committee and Sub-Committee Members Agenda Item No. 12 Page 8 of 18 CC Agenda 09-16-2024
Stewart, Tony
From: Nancy Cozza <[email protected]>
Sent: Wednesday, June 19, 2024 2:44 PM
To: [email protected]
Cc: [email protected]; Stewart, Tony; Hernandez, Laura D.; Martinez, Bobby; Vega, James
Subject: Re: Ray D. Prueter Library Mural Update
Thanks for the update. I am looking forward to seeing the final project.

On Wed, Jun 19, 2024, 1:02 PM Denise Sindelar <[email protected]> wrote:

Dear Ms. Yancy-CozzaOn behalf of the City of Port Hueneme Mural Committee and the Oxnard Performing Arts Center I would like to thank you for your patience and participation in the RFQ review process for the Ray D. Prueter Mural Project. As a recap, since you submitted your scoring of the 38 applications received for this project on February 12, 2024, the following meetings and actions have taken place:

February 29, 2024 - City of Port Hueneme Mural Committee meeting review of panelists top eight artist/artists teams.

Three finalists were selected to move forward with formal proposals: Renee Fox & David Russell of Mobile Mural Lab, Alonsa Guevara & James Razco of Revival Murals, and Sofia Lacin & Hennessy Christophel of Studio Tutto.

March 1-13, 2024 - References were called on all finalist teams, and all were determined eligible and highly recommended candidates.

March 14, 2024 - Remaining applicants were notified of the Mural Committees selection and thanked for their submissions.

March 21, 2024 - Preliminary agreement executed with artist teams to submit preliminary proposals by May 15, 2024.

Stipend of $800 to be paid upon receipt of design proposal and community outreach plan.

April 3-5, 2024 - Artist Teams were invited to attend a site tour at the library (under construction for flood damage), to tour the Port of Hueneme, waterfront, and various historic sites within the City of Port Hueneme. Finalists were provided with a list of resources for their use in researching their proposals. Finalists met with the PH Mural Committee to learn about themes and priorities to inform their proposed designs.

May 15, 2024 - Preliminary proposals received.

May 22, 2024 - Artist Teams presented their proposals to the PH Mural Committee. All designs determined to have merit, and the Mural Committee shared that they would like to consider all finalists for future projects as they become available, but selected the design by Renee Fox & David Russell of Mobile Mural Lab as the choice to move forward.

May 23, 2024 - All finalists were notified of the PH Mural Committee decision. Mobile Mural Lab received committee feedback for modifications to preliminary design.

May 28 - June 7, 2024 - Draft mural agreement and scope of services developed between Mobile Mural Lab, OPAC, City of Port Hueneme and Ventura County Library. Total agreement amount to muralists $24,000 in addition to original $800 design stipend.
1 ATTACHMENT A
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Agenda Item No. 12 Page 15 of 18 CC Agenda 09-16-2024
Agenda Item No. 12 Page 16 of 18 CC Agenda 09-16-2024
Stewart, Tony
From: Hernandez, Laura D.

Sent:

To:

Cc:

Wednesday, August 14, 2024 12:49 PM
Stewart, Tony; Denise Sindelar; Martinez, Bobby
Vega, James
Subject: Comments from Nancy Yancy Cozza.

Please see written comments from Mural Subcommittee Appointment Nancy Yancy-Cozza. In speaking with Nancy, her views that the Mural is really the Library's Mural and should be more about the environment and things we don't readily know about. She also offered the following thoughts.

The mural should promote learning about the Hueneme
The mural should be about things that need to be protected.

Topicsshould encourage people to go into Library to learn more about our history and environment. It’s about the children
Please see her statement below.

Thank you.

Get Outlook for iOS
From: Nancy Cozza <[email protected]>
Date: Wed, Aug 14, 2024 at 11:48 AM
Subject: Re: Minutes from Meeting with Mural Sub-Committee To: Laura Hernandez <[email protected]>
My only recommendation would be to not add the anchor, more snowey flowers or Channel Islands.

1. Keep it simple.

2. We can see the Islands all of the time

3. The Navy is also in full view and have their own library.

4. Only use things like whales, dolphins, butterflys, exotic shore birds, too. The ocean only as their background.

This isn't about political statements.

Thanks
On Sun, Aug 11, 2024, 8:25 AM Laura Hernandez <[email protected]> wrote:

Good morning Nancy,
Attached are the notes from our August 8 meeting which included members of the Mural Subcommittee. This also includes City Council comments from our last public meeting and the subsequent revisions based on comments received.

We want to make sure that you have an opportunity to provide your feedback on the latest design and hear any comments you may have on the overall process.
1 ATTACHMENT B
Agenda Item No. 12 Page 17 of 18 CC Agenda 09-16-2024
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DATE: September 16, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Robert Albertson, Police Commander
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF

VENTURA FOR A REGIONAL RADIO SYSTEM
RECOMMENDATION:

It is recommended that City Council authorize a Memorandum of Understanding (MOU) between the City of Port Hueneme and the County of Ventura for subscription to the County of Ventura Regional Radio System.

BACKGROUND/ANALYSIS:

In 2015, the Ventura County Board of Supervisors approved a letter to the federal Communications Commission (FCC) expressing support for the County of Ventura’s plan to develop a countywide 700MHz regional radio network and the County of Ventura subsequently secured 56 frequencies within the 700MHz spectrum. The network is specifically designed to provide a regionally integrated communications platform to enhance multi-agency interoperability.

For many years, the Port Hueneme Police Department has been challenged with an aging radio infrastructure and outdated portable and mobile radios. In addition to the aging infrastructure, the department upgraded to P25 digital in 2013, while most other law enforcement agencies in the county remained on analog systems. This impacted interoperability with other county agencies, the most significant of which was the Oxnard Police Department and the Ventura County Sheriff’s Office.

On July 16, 2024 the City of Oxnard approved an MOU with the County of Ventura to subscribe to the regional Radio System, which will be P25 compliant. However, the Port Hueneme Police Department’s current radio infrastructure, although P25 digital, is not capable of communicating at the 700MHz spectrum and would need to be completely replaced from the ground up at significant capital outlay and ongoing maintenance costs.

Alternatively, this MOU would allow the City of Port Hueneme to enter into an agreement with the County of Ventura to provide radio services, maintenance of all county radio equipment, and support services for the system. The contract’s recurring cost is “subscriber based” and depends on the number of radios connected to the system per Agenda Item No. 13 Page 1 of 31 CC Agenda 09-16-2024
County of Ventura Regional Radio System MOU
September 16, 2024

month, allowing the Port Hueneme Police Department to achieve interoperability between public safety agencies in the County of Ventura without replacing and maintaining its own radio infrastructure.

It’s estimated that the police department would have 50 radios operating on the Regional Radio System. Operating costs associated with the Regional Radio System, including infrastructure and support costs, will be shared proportionally by the participating agencies. Subscriber rates will be based on the County’s actual incurred expense increases in salaries and benefits, overhead, services, and supplies. A per-unit subscriber rate will be developed by apportioning all costs (system hardware and support costs) based on the total number of mountaintop sites utilized by the participating agency.

Based on this method, the cost per radio connection per month is currently set at $19.96 (Port Hueneme is listed as a regional access user).

In July of 2023, the police department spent a month field testing several 700MHz capable radios on the Regional Radio System. Staff recommends subscribing to the Regional Radio System because it provides interoperability between public safety agencies in the County of Ventura and provides superior coverage as compared to the police department’s current radio system.

In addition, on May 15, 2024, the Ventura County Grand Jury issued a report on the Ventura County Regional Radio System and issued the following Finding(s) and Recommendation(s) for the City of Port Hueneme:
“F-05. Using the current system, first responders in multiple locations may lose communication.”
“R-05. The Grand Jury recommends completing the VCRRS MOU for consideration by the city council by October 2024.”
FISCAL IMPACT:

There is sufficient funding in the FY24-25 General Fund to cover the first year’s subscription cost of $11,976, account number 101-440-5223. Funding for subsequent years will be incorporated into the annual budget process.

In the future, staff will need to replace the existing radio equipment to be compatible with the new system. Staff estimates the replacement of the existing radio equipment will cost approximately $200,000. This purchase will require an appropriation of funds and will be presented to Council once staff is able to solidify the costs and the timing of the purchase. That purchase may require funding from the General Fund unassigned balance which is typically only recommended for priority projects. Due to the impact on public safety, as confirmed by the Grand Jury report on this matter, this project should be considered as a priority project. However, staff will explore funding sources and/or grants and provide more detail and options as the project proceeds.

Agenda Item No. 13 Page 2 of 31 CC Agenda 09-16-2024
County of Ventura Regional Radio System MOU
September 16, 2024

STRATEGIC PLAN:

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

Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
Strategic Partnerships
• Establish a mechanism for engagement, information sharing, dialogue and ongoing cooperative decision-making with key stakeholders ATTACHMENTS:

A. Regional Radio System MOU
B. Ventura County IT rate calculator
C. Adopted Resolution
D. Board Letter
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Agenda Item No. 13 Page 4 of 31 CC Agenda 09-16-2024

VENTURA COUNTY REGIONAL RADIO SYSTEM

USE AGREEMENT
This Use Agreement (“Agreement”) shall be effective as of September 16, 2024 by and between the County of Ventura (“COUNTY”) and City of Port Hueneme (“AGENCY”). The following terms shall apply:

COUNTY operates, manages, and maintains the Ventura County Regional Radio System (“REGIONAL RADIO SYSTEM”) and all equipment used to communicate on the REGIONAL RADIO SYSTEM. Agency’s use of the REGIONAL RADIO SYSTEM must always be in compliance with the terms of this Agreement and must never hinder the functionality or operation of the REGIONAL RADIO SYSTEM.

Supervision over the provision of County services, the standards of performance and other matters incident to the performance of such services, shall remain with the COUNTY.

1. GENERAL

1.1 AUTHORITY

1.1.1 The COUNTY retains ultimate legal and financial responsibility over the REGIONAL RADIO SYSTEM.

1.2 PERIOD OF PERFORMANCE

1.2.1 The initial term of this Agreement shall be for a period of one hundred eighty (180) months commencing September 16, 2024 and expiring at 12:01 a.m. on September 16, 2039.

1.3 TERMINATION BY COUNTY

1.3.1 COUNTY shall have the right to immediately terminate this Agreement if AGENCY: files for voluntary or involuntary bankruptcy for the adjudication of Agency as a debtor; makes a general assignment, or AGENCY’s interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors; does not comply with applicable law. In addition, COUNTY may terminate this Agreement in the event of a material breach of the Agreement by AGENCY if such breach is not cured within thirty (30) days after written notice from COUNTY.

1.3.2 Continuation of the Agreement is subject to the appropriation of funding by the COUNTY’s Board of Supervisors. If funds are not appropriated, or if the COUNTY no longer desires to use the REGIONAL RADIO SYSTEM, the Attachment A
Agenda Item No. 13 Page 5 of 31 CC Agenda 09-16-2024

VENTURA COUNTY REGIONAL RADIO SYSTEM

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2 COUNTY will provide support and assure full operation for a minimum of five (5) years or through the end of this Agreement, whichever comes first. If the COUNTY elects early termination of this Agreement, all subscriber fees and any ancillary expenses will be frozen at the current Board approved rate existing at the time of the termination notice.

1.3.3 Upon termination of operations by the COUNTY, the COUNTY shall make every effort to reassign the appropriate frequencies to the AGENCY in a manner and timeline to be agreed upon by the participating agencies. In addition, notwithstanding section 1.4.1, below, AGENCY may terminate this Agreement in the event of a material breach of the Agreement by COUNTY if such breach is not cured within thirty (30) days after written notice from AGENCY.

1.4 TERMINATION BY AGENCY

1.4.1 This Agreement may be terminated by AGENCY effective only on June 30 in any calendar year and with not less than one full year (12 months) written notice to COUNTY, prior to the effective date of termination.

1.5 COUNTY’S REPRESENTATIVE

1.5.1 COUNTY appoints its Chief Information Officer, or designee, as its authorized representative to administer this Agreement.

Notices:

Notices required to be given by either party under this Agreement shall be in writing to the following addresses:

COUNTY
County of Ventura
Chief Information Officer
800 South Victoria Avenue #1100
Ventura, CA 93009
AGENCY
City of Port Hueneme
City Manager
250 North Ventura Road
Port Hueneme, CA 92041
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VENTURA COUNTY REGIONAL RADIO SYSTEM

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3 1.6 GENERAL

1.6.1 This Agreement contains all the terms agreed to by COUNTY and AGENCY related to the subject matter of this Agreement. There shall be no oral or other terms agreed to by the parties. No waiver by either party at any time of any of the terms and conditions of this Agreement shall be deemed or construed as a waiver at any time thereafter of the same or of any other terms of the Agreement. This Agreement may be modified only by a written amendment signed by both parties.

1.6.2 COUNTY and AGENCY shall cooperate with each other to reasonably assist in performance of the other party’s obligations under this Agreement.

1.7 INDEMNIFICATION

1.7.1 Subject to the terms of this Agreement, AGENCY and COUNTY shall indemnify, defend, and hold harmless each other from any and all liability for any claims, losses, damages, or injuries to persons or property caused by the negligence or intentional acts of the indemnifying party, its agents or employees, arising from or related to this Agreement, including without limitation all Consequential damages.

1.8 GOVERNING LAW

1.8.1 The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, will be construed pursuant to and in accordance with the internal laws of the State of California.

1.9 FORCE MAJEURE

1.9.1 Neither party shall be responsible for delays or failures in performance resulting from acts beyond such party’s control. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact.

1.9.2 COUNTY shall make every reasonable effort to assure public-safety grade reliability of the REGIONAL RADIO SYSTEM. Restoration of service shall be made at the highest level of priority as compared to any other COUNTY communication or data system. Restoration of facilities shall not be dependent on reimbursement or compensation by insurance, grant, disaster declaration, or other outside means.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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4 1.10 GOVERNANCE COMMITTEES

1.10.1 The Ventura County Information Technology Services Department will operate and maintain the REGIONAL RADIO SYSTEM. As the governing body for the County, the Board of Supervisors shall have ultimate fiscal and operational control over the REGIONAL RADIO SYSTEM and shall be ultimately responsible for the overall administration and direction of the REGIONAL RADIO SYSTEM through interaction with the GOVERNENCE COMMITTEES.

1.10.2 To assist in the administration of the REGIONAL RADIO SYSTEM, an oversight governance committee (OVERSIGHT COMMITTEE) shall be established to provide oversight of the REGIONAL RADIO SYSTEM.

1.10.3 The OVERSIGHT COMMITTEE will review all matters relating to the design, build, operation, and maintenance of the REGIONAL RADIO SYSTEM. In addition, this committee will review and approve all requests for new agencies to join the REGIONAL RADIO SYSTEM.

1.10.3.1 The OVERSIGHT COMMITTEE shall be made up of one named voting member and their alternate per AGENCY, designated by the AGENCY and submitted in writing to the COUNTY, no later than June 30th each calendar year.

1.10.3.2 While the COUNTY may have several agencies using the system, the COUNTY will have one participant and subsequent vote on the OVERSIGHT COMMITTEE.

1.10.3.3 The County Chief Information Officer will be a non-voting member in their role as contract administrator.

1.10.3.4 The Chairperson and Vice Chairperson of the OVERSIGHT COMMITTEE shall be biennially elected by a majority vote of the committee. The Chairperson and Vice Chairperson shall serve at the discretion of the majority of the OVERSIGHT COMMITTEE.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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5 1.10.4 The OVERSIGHT COMMITTEE may appoint subcommittees as necessary.

These subcommittees will be chartered with responsibilities, meeting frequencies, etc. Subcommittees will not have any voting rights and should include appointees from each voting AGENCY.

1.10.5 Responsibilities of the OVERSIGHT COMMITTEE shall include but not be limited to:

1.10.5.1 Meeting quarterly or more frequently, if necessary.

1.10.5.2 Developing and approving REGIONAL RADIO SYSTEM operating policies and procedures.

1.10.5.3 Identifying participating AGENCY needs and requirements.

1.10.5.4 Addressing concerns of participating agencies.

1.10.5.5 Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups.

1.10.5.6 Establishing subcommittees as necessary to ensure the interests and concerns of the REGIONAL RADIO SYSTEM as represented and to ensure technical issues are thoroughly researched and addressed to the satisfaction of the OVERSIGHT COMMITTEE.

1.10.5.7 Monitoring the implementation and management of the REGIONAL RADIO SYSTEM.

1.10.5.8 Review and approval of annual rate increases if requested by the COUNTY.

1.10.5.9 Making recommendations to the COUNTY Chief Information Officer for presentation to the County Board of Supervisors

1.10.5.10 Review technical and financial impacts of potential new customer contracts.

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6 1.11 Severability

1.11.1 Should any provision of this Agreement be determined by a court or regulatory agency of competent jurisdiction to be invalid, illegal or unenforceable, it shall be severed, and the remaining provisions shall not be impaired or affected thereby.

1.12 Assignments

1.12.1 This Agreement binds and inures to the benefit of the COUNTY and AGENCY.

It may not be assigned by either party without the express written consent of the other.

1.13 Nondiscrimination

1.13.1 The parties agree not to engage in any form of unlawful discrimination because of race, color, national origin, religion, sex, sexual orientation, disability, age, military status, creed, marital status, or any other legally protected status with respect to activities undertaken pursuant to this Agreement.

1.14 Independent Status

1.14.1 Each party and its employees and agents, and subcontractors, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the other party. Each party shall be solely responsible for the acts and omissions of its officers, agents, and employees.

Nothing herein shall be considered as creating a legal partnership or joint venture between the parties.

1.15 Publicity

1.15.1 Both parties agree to jointly review and approve any public informational releases, including text, layout, photographs, etc., which describe the partnership or activities covered under this Agreement.

1.16 Execution

1.16.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together constitute one and the same instrument. Further, this Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“.PDF”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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7 2. FISCAL MANAGEMENT

2.1 COST APPORTIONMENT & RATE MODIFICATIONS

2.1.1 Operating costs associated with the REGIONAL RADIO SYSTEM, including infrastructure and support costs, will be shared proportionately by the participating agencies. Subscriber rates will be based on the County’s actual incurred expense increases in salaries and benefits, overhead, services and supplies. A per unit subscriber rate will be developed by apportioning all costs (system hardware and support costs) based on the total number of mountaintop sites utilized by the participating AGENCY

2.1.2 Two subscriber rate plans have been made available to participating agencies, based upon their assumed day-to-day operational needs.

2.1.2.1 Regional Access: Regional access is defined as a single entity that uses up to three sites to operate:

2.1.2.2 Full Access: Full Access is defined as a single entity that uses more than three sites for the majority of their operations.

2.1.3 No later than December 31 of each year the County Chief Information Officer shall prepare and present to the OVERSIGHT COMMITTEE a preliminary budget for the subsequent Fiscal Year. The Preliminary Budget must include all operational and maintenance costs, planned capital costs, and cost distribution methodologies for the upcoming year.

2.1.4 The proposed rate offered by the COUNTY includes an annual 4% cost of living increase for salaries and benefits. Should the cost-of-living increase beyond 4%, an additional 2% increase may be considered by the OVERSIGHT COMMITTEE.

2.1.5 REGIONAL RADIO SYSTEM rates will be reviewed, adjusted, and approved annually by the Oversight Committee. Once agreed upon by the committee, the new rate schedule will be proposed for adoption by the Ventura County Board of Supervisors. Rate changes will take effect July 1 of each year.

2.1.6 COUNTY shall invoice AGENCY each month for the total number of subscribers that they have registered in the system that indicate usage over 5 minutes during the monthly period. The payment shall be due and payable within 30 days of the invoice date.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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8 3. SYSTEM DESIGN

3.1 DESIGN OBJECTIVES

3.1.1 The REGIONAL RADIO SYSTEM design objectives for the performance of portable and mobile voice and the quality of coverage provided shall be determined by the OVERSIGHT COMMITTEE

3.1.1.1 Unless otherwise decided by the OVERSIGHT COMMITTEE it is understood that the REGIONAL RADIO SYSTEM shall be
designed, operated, managed, and maintained to achieve 95% street level coverage reliability measured to and from typical portable radios, used in the system, while on the wearer’s belt and within the area depicted in APPENDIX A. Methodology for both prediction and measurement of such performance shall be in accordance with TIA standard TSB88.

3.1.1.2 In the event that the REGIONAL RADIO SYSTEM encounters a sustained degradation of service below the standards set forth in Section 3.1.1.1, the County Chief Information Officer will be responsible for evaluating the issue and proposing a solution(s) to the satisfaction of the OVERSIGHT COMMITTEE.

3.1.2 The REGIONAL RADIO SYSTEM shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the life of the system.

3.1.2.1 Unless otherwise decided by the Oversight committee, the system shall be designed, operated, managed, and maintained to achieve a 2% grade of service (GOS) or better during average daily busy hours, without invoking priority access.

3.1.2.2 A 2% grade of service is a standardized method of quantifying the throughput of the REGIONAL RADIO SYSTEM. For every 100
attempts to transmit during the busy hour, no more than 2 attempts are blocked for more than 5 seconds.

3.1.3 A list of all features currently supported by the REGIONAL RADIO SYSTEM will be incorporated into APPENDIX B.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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9 3.2 RADIO COVERAGE & GRADE OF SERVICE

3.2.1 It is the intent of the COUNTY to provide radio coverage as depicted in Attachment A. The information depicted in APPENDIX A is a predictive signal propagation map and does not guarantee coverage in all areas outlined.

3.2.2 Requests for additional coverage beyond these boundaries may be made to the OVERSIGHT COMMITTEE. Upon approval, the COUNTY will perform an analysis and provide cost estimates.

3.2.3 Upon completing any significant repairs and/or upgrades, the COUNTY shall complete system testing to ensure signal propagation remains in alignment with APPENDIX A.

3.2.4 Any consideration to add new agencies or specialty features shall be evaluated and approved by the OVERSIGHT COMMITTEE before implementation. When appropriate, evaluation of such proposals shall include a calculation of throughput and GOS for the REGIONAL RADIO SYSTEM.

3.2.5 The COUNTY or its agent shall, at a minimum, publish monthly reports to the OVERSIGHT COMMITTEE confirming REGIONAL RADIO SYSTEM
performance to include daily busy hour statistics by talk group, site, zone, and agency. This report will also include an after action reports for any major repair or upgrade activity in the prior month.

3.3 USER PRIORITIZATION & ACCESS

3.3.1 In the event regional radio channels are busy, users wanting to speak shall be prioritized as follows, regardless of how long they have been waiting:

3.3.1.1 Priority One – Emergency Identification. Emergency Identification is defined as the message received when a member calls for immediate assistance by activating an emergency button or switch on the user radio equipment.

3.3.1.2 Priority Two – Public Safety. Public safety includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster response resources using the REGIONAL RADIO SYSTEM.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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10 3.3.1.3 Priority Three –Special Event. Special Event includes planned events involving public service participants that are beyond the scope of their normal daily operations. This includes any special event for public safety organizations such as fundraising, community service, public awareness, etc.

3.3.1.4 Priority Four – Non-Public Safety, Government. Non-Public Safety Government includes normal daily radio transmissions of public services agencies, including but not limited to: Animal Services, Public Transit and Public Utilities.

4. RADIO SYSTEM MANAGEMENT

4.1 SYSTEM MANAGEMNET

4.1.1 The COUNTY is responsible for the day-to-day management, operation, and oversight of the REGIONAL RADIO SYSTEM. The County IT Services Staff is responsible for making decisions on issues related to the day-to-day operation of the system and addressing urgent system operations, maintenance, and repair decisions. This includes, but is not limited to, the following:

4.1.1.1 Monitoring all radio systems and components for normal operation.

4.1.1.2 Physical and logistical security of mountaintop sites, radio system and network.

4.1.1.3 Diagnosing system performance, problems, and developing correction action recommendations.

4.1.1.4 Dispatching appropriate repair services in the event of a malfunction of system equipment.

4.1.1.5 Managing the database elements, including subscriber IDs, talk group IDs, and the various parameters that relate to their effective operation.

4.1.1.6 Working with all agencies and their technical staff to diagnose and resolve problems that involve radio operations, maintenance, or repair of the infrastructure equipment.

4.1.1.7 Serving as the point of contact (POC) with infrastructure equipment manufacturers for issues related to the radio systems.

4.1.1.8 Providing timely information to Agencies on issues that arise, or repair/maintenance issues related to system infrastructure equipment that would affect normal radio operations.

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VENTURA COUNTY REGIONAL RADIO SYSTEM

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11 4.1.1.9 Perform preventive system maintenance and administration per vendor’s recommendations.

4.1.1.10 Manage all applicable Federal Communications Commission (FCC) licenses authorized to the County.

4.1.1.11 Prepare and maintain all system documentation.

4.1.1.12 Evaluate new technology for possible cost reduction or service enhancements.

4.1.1.13 Set and maintain standards of “Approved Equipment” that access County radio systems.

4.1.1.14 Identify and correct private carrier Radio Frequency (RF) related interferences affecting public safety systems.

4.2 TALK GROUPS

4.2.1 A talk group is a defined organizational grouping of radio users that need to communicate together. When two or more radio users select the same talk group on their radios, all radio users with that talk group selection hear the transmitted audio. A talk group plan is a summary of all defined radio talk groups. This plan is then used to develop the radio template that is the programming data for the individual radios. The OVERSIGHT COMMITTEE is responsible for the talk group plan including the total number of talk groups. .It may delegate that responsibility to a subcommittee.

4.2.2 Talk groups are “owned” by the AGENCY that uses a talk group for primary business operations. Authority to assign or release a talk group for use by other entities resides with the owner of the talk group.

4.2.3 Several talk groups will be designated as interoperability talk groups.

Interoperability talk groups are assigned a single AGENCY owner by the County.

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12 5. SYSTEM OPERATIONS

5.1 SERVICE LEVEL OBJECTIVES

5.1.1 The County IT team that supports the REGIONAL RADIO SYSTEM provides support during normal business hours and after hours/on-call support 24 hours a day, 7 days a week, 365 days per year.

5.1.2 The following objectives are currently in place for all existing County radio and microwave systems. These objectives may be modified by the OVERSIGHT COMMITTEE; however, rates may increase based upon the resulting approved OVERSIGHT COMMITTEE changes.

5.1.3 Types of expected failures and response time objectives:

5.1.3.1 Complete system failure – The County team will engage within 1 hour and will continue to work until service is restored.

5.1.3.2 Single site failure – The County team will engage within 1 hour to assess the outage and determine appropriate next steps.

5.1.3.3 Feature failures – The County team will respond within 4 hours of the outage and will work under best efforts until resolved.

5.2 SUBSCRIBER UNIT PROGRAMMING

5.2.1 The COUNTY will support participating agencies by providing programming handheld and mobile subscriber devices, as needed. Generally, County IT Services Staff will complete programming requests within 7 business days.

5.2.1.1 County IT Services staff may limit programming to radios that are FCC certified and P25 compliant and are programmable using software that is readily available and supported by the manufacturer.

5.2.2 If a participating AGENCY requires access to another AGENCY’s talk group(s), the requesting AGENCY must obtain written permission from the talk group owner AGENCY and submit that written authorization to the County IT Service Desk for processing.

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13 5.2.3 AGENCY is responsible for the purchase, maintenance, and repair of its own Subscriber Units and related equipment. In addition, the AGENCY will be responsible for the subscriber unit purchase of any optional features regardless of whether they are supported in the REGIONAL RADIO SYSTEM.

5.2.4 AGENCY is responsible for the purchase, maintenance, repair, and connection of its consoles to the COUNTY system core.

5.3 SERVICE / SUPPORT REQUESTS

5.3.1 For urgent matters, including system outages or service degradation, COUNTY IT Services on-call personnel will respond within 1hour or less to diagnose the problem.

5.3.2 Priority will be given to the most impactful issue as determined by the County Chief Information Officer. Multiple IT Services staff (teams) may be deployed to multiple sites simultaneously.

5.3.3 The OVERSIGHT COMMITTEE will be convened as soon as possible to discuss and provide its input on priorities if the COUNTY cannot address multiple issues simultaneously.

5.4 SYSTEM STATUS / OUTAGE NOTIFICATIONS

5.4.1 COUNTY is responsible for monitoring the REGIONAL RADIO SYSTEM on a 24-hour basis, whether by on-site personnel or by an automated electronic monitoring and notification process. COUNTY shall notify AGENCY’s designated representative in advance of any planned or unplanned maintenance activities affecting AGENCY. Notification of planned maintenance shall be made in accordance with section 6.5.

5.4.2 Realtime monitoring of GOS, among other parameters, will be used to determine repair priority levels. Any hardware or software failure that results in a real-time GOS of 5% or greater shall be treated as a major failure immediate repair response.

5.4.3 Due to the complexity and distributed administration and maintenance of the REGIONAL RADIO SYSTEM, problems typically occur when changes are made to hardware or software. To keep all representatives informed of any updates, notifications will be sent to all AGENCY representatives, OVERSIGHT COMMITTEE members and any subcommittee members, when the following actions occur:

Agenda Item No. 13 Page 17 of 31 CC Agenda 09-16-2024

VENTURA COUNTY REGIONAL RADIO SYSTEM

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14 5.4.4 Planned maintenance work is being performed on the REGIONAL RADIO SYSTEM that will impact performance or system operation.

5.4.5 Equipment malfunctions or failure occur that affect system performance or operation.

5.4.6 Configuration changes in infrastructure equipment or software.

5.5 SYSTEM MAINTENANCE

5.5.1 In the event of planned maintenance, the COUNTY will use all efforts to conduct this type of activity during off-peak hours where radio utilization is as low as possible. If an emergency or high priority incident is in progress at the time of scheduled maintenance, it may be necessary for the COUNTY to reschedule or delay the maintenance until the situation has stabilized and can be safely moved to alternate talk groups or channels.

5.5.2 Advanced notice of seven (7) business days shall precede planned maintenance activities. The notification methods shall be by phone, email, radio, or any combination of the same. The notification will consist of the type of planned maintenance activity, when the maintenance will be conducted, the amount of time anticipated to complete the activity and the anticipated impact to the REGIONAL RADIO SYSTEM and subsystems.

5.5.3 If a known activity has a significant operational impact upon any specific AGENCY, confirmation of receipt of notification shall be obtained. It is the responsibility of the COUNTY to ensure that all Agencies are notified well in advance of any such operations. Whenever possible, these operations shall be scheduled when the normal radio traffic is slowest.

5.6 SYSTEM OUTAGES

5.6.1 Upon notification of an equipment outage, COUNTY technical staff is expected to:

5.6.1.1 Determine the impact of the impairment to the operation of the REGIONAL RADIO SYSTEM. A minor failure is something that either does not affect or minimally affects user functionality, capacity, or coverage. A major failure is something that seriously affects coverage, capacity, or risks user functionality of the REGIONAL RADIO SYSTEM.

Agenda Item No. 13 Page 18 of 31 CC Agenda 09-16-2024

VENTURA COUNTY REGIONAL RADIO SYSTEM

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15 5.6.1.2 Determine if there are internal or external factors that alter the priority of system impairment, such as weather, subscriber loading, unique public safety activities or impending events, etc.

5.6.1.3 Determine if manual intervention is required. A serious failure requires initiating repair processes regardless of the time of day.

Minor failures can wait until normal business hours or other convenient time before repair.

5.6.1.4 Determine if additional external resources are required.

5.7 LOST OR STOLEN EQUIPMENT

5.7.1 In the event that a radio programmed on the REGIONAL RADIO SYSTEM is lost, stolen, or missing, the COUNTY shall be notified immediately by the AGENCY. The AGENCY shall report lost/missing radios to the IT Service Desk at [email protected] or 805-658-4357. County personnel will disable and remove the radio from the REGIONAL RADIO SYSTEM within 4 hours

6. FUTURE SYSTEM ENHANCEMENTS

6.1 SYSTEM UPGRADES

6.1.1 AGENCY shall make any request for expanded services the OVERSIGHT COMMITTEE. The OVERSIGHT COMMITTEE will review the request and may grant preliminary approval for the AGENCY to work with the COUNTY in evaluating and developing planning for the request.

6.1.2 Examples of requests for expanded services include a request to add sites to the network to increase AGENCY’s in-building coverage or to implement a network upgrade in order to receive a new feature. These types of requests require detailed assessment and planning due to their potential technical and rate impacts to all users.

6.1.3 The COUNTY will provide the assessment/evaluation information to the AGENCY and if it wants to proceed the AGENCY will present the request to the OVERSIGHT COMMITTEE for review and approval.

6.1.4 The OVERSIGHT COMMITTEE may choose to approve the requested enhancement resulting in the revision of the approved rate structure or require the AGENCY to solely pay the full cost of the change without any rate increase.

Agenda Item No. 13 Page 19 of 31 CC Agenda 09-16-2024

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16 6.1.5 All submitted requests for improvement will require a technical review to ensure that no agency is subject to negative impacts to operations and if there are negative impacts, there is a mitigation plan developed and included in the plan that is acceptable to all affected partners.

6.1.6 If the OVERSIGHT COMMITTEE fails to identify a funding strategy for the proposed upgrade, The County reserves the right to veto the proposed change.

Agenda Item No. 13 Page 20 of 31 CC Agenda 09-16-2024

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17 COUNTY OF VENTURA AGENCY

PRINTED NAME PRINTED NAME

SIGNATURE DATE SIGNATURE DATE
Agenda Item No. 13 Page 21 of 31 CC Agenda 09-16-2024

VENTURA COUNTY REGIONAL RADIO SYSTEM

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18 APPENDIX A: PREDICTED COVERAGE MAPS

MOBILE COVERAGE MAP
Agenda Item No. 13 Page 22 of 31 CC Agenda 09-16-2024

VENTURA COUNTY REGIONAL RADIO SYSTEM

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19 PORTABLE COVERAGE MAP
Agenda Item No. 13 Page 23 of 31 CC Agenda 09-16-2024

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20 APPENDIX B: REGIONAL RADIO FEATURE LIST
Radio Requirements
• FCC approved, P25 capable mobile or portable radio capable of operating on the 700mHz band.
• P25 9600 baud trunking enabled
• TDMA Enabled
Optional Features Supported
• Encryption (AES)
• Emergency trigger enablement
• Motorola Smart Connect, including LTE and WiFi connectivity • Motorola Smart Mapping
• Motorola Smart Locate
• Motorola OTAP
Agenda Item No. 13 Page 24 of 31 CC Agenda 09-16-2024
FY 2022-23 FY 2023-24
Regional Radio - Full Access Per Registered Radio $ - $ 146.17 Regional Radio - Regional Access Per Registered Radio $ - $ 19.96 Subscribing entities may maintain an agreed upon number of radios as indicated in their MOA as stand by radios. If such radios exceed 5 minutes of usage in each month, the subscribing entity will be billed for that radio.

FY 2023-24 INFORMATION TECHNOLOGY SERVICES AND NETWORK SERVICES RATES Service Rates per Month Service Unit of Measure
Attachment B
Agenda Item No. 13 Page 25 of 31 CC Agenda 09-16-2024
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Agenda Item No. 13 Page 26 of 31 CC Agenda 09-16-2024
Attachment C
Agenda Item No. 13 Page 27 of 31 CC Agenda 09-16-2024
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Agenda Item No. 13 Page 28 of 31 CC Agenda 09-16-2024
COUNTY cf VENTURA INFORMATION TECHNOLOGY SERVICES
Terrence Theobald
Chief Information Officer
September 26, 2023
Board of Supervisors
County of Ventura
800 South Victoria Avenue
Ventura, California 93009
SUBJECT:

Public Hearing Regarding Adoption of a Resolution Establishing the Regional Radio Subscription Rates for the Regional Radio System for the County of Ventura for Fiscal Year 2023-2024, Effective October 1, 2023; and, for the Ventura County Chief Information Officer ("CIO") or Designee to Execute Memorandums of Agreement with Regional Partners that will Subscribe to Utilization of the Regional Radio System, Subject to County Counsel's Approval.

RECOMMENDATIONS:

1. Adopt the attached Resolution establishing the regional radio subscription rates for the Regional Radio System for Ventura County for fiscal year 2023-2024, effective October 1, 2023.

2. Authorize the CIO, or designee to execute Memorandums of Agreement ("MOA") with the regional partners that will subscribe to the utilization of the Regional Radio System, subject to County Counsel's approval.

FISCAL/MANDATES IMPACTS:

Mandatory:

Source of Funding:

Funding Match Required:

Impact on Other Departments:

No
9712 - Revenue
No
None
SUMMARY OF REVENUES AND COSTS:

Revenues:

Costs:

Direct
Indirect-Dept
Indirect-County CAP
Total Cost
Net County Cost
Recovered Indirect Costs
FY2023-24
$2,600,322
$2,600,322
$0
$0
FY2024-25
$3,467,096
$3,467,096
$0
$0
$2,600,322
$0
$0
$3,467,096
$0
$0
1957-A Eastman Avenue, Ventura, California 93003 (805) 654-3540 - FAX: (805) 654-3394 Attachment D
Agenda Item No. 13 Page 29 of 31 CC Agenda 09-16-2024
Board of Supervisors
September 26, 2023

FY 2023-24 Budoet Proiection for 4850 ITS Network Services Adopted Adjusted Projected Estimated
Budget Budget Budget Savings/(Deficit)
Appropriations $25,237,194 $25,237,194 $25,237,194 $0
Revenue $25,237,194 $25,237,194 $25,237,194 $0
Operatinq Gain/(Loss) $0 $0 $0 $0
Includes lease payments, interfund and capital asset related expenses.

DISCUSSION:

In 2015, your Board approved a letter to the Federal Communications Commission (FCC) expressing support for the County of Ventura's plan to develop a countywide 700MHz regional radio network. This project was conceived to enhance multi-agency interoperability and provide greater channel capacity over the existing very high frequency (VHF) system. With your Board's support, Ventura County Information Technology Services (ITS) secured 56 frequencies within the 700 MHz spectrum. In 2016, ITS provided a five-year slow growth plan to the FCC, which was subsequently approved.

Currently this plan provisions six sites to expand the 700MHz Regional Radio system:

South Mountain East, South Mountain West, Hall Mountain, Laguna Peak, Torrey Hill, and Rocketdyne.

On June 20, 2023, your Board approved a contract with Motorola to complete the remaining sites. Since this network is specifically designed to provide a regionally integrated communications platform, ITS has communicated with the Sheriff's Office, Probation, District Attorney's Office, Fire Protection District (FPO), and all the incorporated cities within Ventura County regarding this future radio network. The cities of Oxnard and Ventura plan to have their Police Departments use the system, and other cities are also considering the use of this system.

The County has sixteen towers located throughout the region. It has been determined that the County partners will utilize three (3) of the towers within their geographic area.

Therefore, a rate model has been developed to provide "Regional Access" and "Full Access" rate. The full access users must pay a rate that is the sum of the regional access rate, and the full access rate. The cost base for the rate calculation utilizes a 10-year average of expenses. The average is utilized to smooth the rate as depreciation, maintenance, and software update costs will begin in approximately year six of the projection. The proposed rates are calculated with only the known contracting entities as the subscribers. As new entities contract with the regional radio system, this will increase the number of subscribers and therefore reduce the rate. The rate will be adjusted either annually, or as outlined in the memorandums of agreement with the external partners.

The methodology utilized to develop this rate has been reviewed and approved by the Auditor-Controller's Office. Thus, ITS requests that your Board adopt a resolution establishing the regional radio subscription rates for the County of Ventura for fiscal year 2023-2024 effective on October 1, 2023, and authorize the CIO, or designee, to sign MOAs with the regional partners that will subscribe to the utilization of the Regional Radio System, subject to County Counsel's approval.

INFORMATION TECHNOLOGY SERVICES L#1100
(805) 654-3540 • FAX (805) 654-3394 • 1957-A Eastman Avenue, Ventura, CA 93003 Agenda Item No. 13 Page 30 of 31 CC Agenda 09-16-2024
Board of Supervisors
September 26, 2023

ITS has agreed to waive the subscription fees for FPO for 12 months from adoption of the regional radio rate due to FPD's prior contributions towards the project in excess of $4 million dollars. FPO currently has radios registered to the 700 MHZ system for test purposes and that would prompt charging the regional radio subscription rate. However, FPO purchased the Core for the 700 MHZ system (approximately $4 million) and is upgrading the tower at their site at their expense. FPO also contributed $375,000 towards the upgrade of the South Mountain site last year, specifically for the 700 MHZ system.

Lastly, FPO is not fully committed to 700 MHZ at this time and this waiver will provide time to determine if they will proceed. FPO will need to decide if they will subscribe to the regional radio system and pay the rate or discontinue the use of the registered radios on the regional radio network.

Your Board's approval is also requested to authorize the CIO to sign the Memorandums of Agreement with the subscribing entities subject to County Counsel review and approval. Within the agreements, there will be an agreed upon number of radios that will be designated as stand-by radios. If the stand-by radios exceed five (5) minutes of usage each month, the subscribing entity will be billed for those radios.

In accordance with state law, the Office of the Clerk of the Board has issued a public notice for the public hearing on establishing the regional radio subscription rates for the Regional Radio System for Ventura County for fiscal year 2023-2024 effective October 1, 2023.

This item has been reviewed by the County Executive Office, County Counsel, General Services Agency - Procurement, and the Auditor-Controller's Office. If you have any questions, please contact me at (805) 654-2744.

Sincerely,
~

TERRENCE THEOBA
~ LD ·· ..

Chief Information Officer
Information Technology Services
TT/TY:dc
Attachments: Resolution
Exhibit 1 - ITS Regional Radio Rate Schedule
INFORMATION TECHNOLOGY SERVICES L#1100
(805) 654-3540 • FAX (805) 654-3394 • 1957-A Eastman Avenue, Ventura, CA 93003 Agenda Item No. 13 Page 31 of 31 CC Agenda 09-16-2024