Oxnard City Council
June 30, 2022

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street June 30, 2022
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 829 3036 0667

3. Passcode: 980823
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record. c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the Mayor announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
1 AMENDED AGENDA
Item E.1 - Added

OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 30, 2022 PAGE 2
Detailed participation instructions can be found at www.oxnard.org/city-meetings. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

B. APPOINTMENT ITEMS (5:30 PM)

1. City Manager Department
SUBJECT: Presentation by the County of Ventura on Vector Control.

RECOMMENDATION: That the City Council receive the verbal report regarding the Ventura County Resource Management Agency, Environmental Health Division Vector Control Program and provide comments.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
C. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

E. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. Public Works Department
SUBJECT: Reconsideration of local emergency and ratification of a director order regarding the water shortage emergency and mandatory water conservation measures.

RECOMMENDATION: That the City Council adopt a resolution:

1. Ratifying an order of the Director of Emergency Services modifying mandatory water conservation measures; and

2. Confirming the need to continue the local emergency declared on May 17, 2022 due to water shortage emergency conditions.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 30, 2022 PAGE 3
F. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

G. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

I. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 17, 2022 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. City Clerk Department
SUBJECT: Adoption of Resolutions Ordering General Municipal Election, November 8, 2022.

RECOMMENDATION: That the City Council:

1. Adopt a resolution calling and giving notice of a municipal general election to be held on Tuesday, November 8, 2022, for the election of certain officers; and consenting to and requesting election consolidation with the County of Ventura; requesting the County Clerk to render services and supplies; and authorizing the Board of Supervisors to canvass the returns; and

2. Adopt a resolution establishing regulations for Candidate Statements to be printed in the Voter Information Guide at an election to be held on Tuesday, November 8, 2022.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

3. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only.

RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period January 1, 2022 through June 9, 2022.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

4. Community Development Department
SUBJECT: Memorandum of Understanding for the City to Participate in the Clean Power Alliance 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 30, 2022 PAGE 4
(CPA) Power Ready Program (Solar and Battery Backup).

RECOMMENDATION: That the City Council authorize the City Manager to enter into a Memorandum of Understanding (MOU) (A -8479) with the Clean Power Alliance (CPA) to participate in the CPA Power Ready Program for the City-owned building located at 214 South C Street (Service Center).
(Community Services, Public Safety, Housing and Development Committee authorized related actions 3-0 on June 8, 2021)
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882

5. City Treasurer
SUBJECT: Resolution Adopting the FY 2022-23 Investment Policy.

RECOMMENDATION: That the City Council adopt a resolution adopting the FY 2022-23 investment policy for the City of Oxnard.

Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808

6. Housing Department
SUBJECT: Agreement with Mercy House for FY 2022-23 Shelter Operation (No. A-8474).

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute an agreement with Mercy House (A-8474) for the provision of shelter and navigation center operations in Fiscal Year 2022-2023, in the amount not-to-exceed $2,796,891.00; and

2. Authorize the City Manager or designee to approve a budget appropriation(s) for the use of Permanent Local Housing Allocation (PLHA) grant funds from the 2022 - 2023 program year. (This items already budgeted for so it did not originate in Committee.) Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

7. Information Technology Department

SUBJECT: Ratify the Microsoft Corporation Enterprise Agreement #808445 with SoftwareOne, Inc. for a Not to Exceed (NTE) amount of $365,062.08 for information technology software licensing.

RECOMMENDATION: That City Council ratify the City’s Microsoft Corporation Volume Licensing Enterprise Agreement #808445 and authorize the Mayor to execute Purchase Order #8617 with SoftwareOne, Inc. for a not-to-exceed amount of $365,062.08 for the continued use and purchase of Microsoft products for the June 1, 2020, to May 31, 2023, agreement term. (The Finance and Governance Committee approved 3-0.)
Legislative Body: City Council
Contact: Helen Miller, (805)385-7446

8. Housing Department
SUBJECT: License Agreement A-8457 to Oxnard Housing Authority for use of property located 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 30, 2022 PAGE 5
at 1500 Camino Del Sol.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute License Agreement A-8457 with the Oxnard Housing Authority for the use of property located at 1500 Camino Del Sol in the amount of $564,000 over a term of five years. (Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 14, 2022.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

9. Public Works Department
SUBJECT: Agreement A-8471 with Taft Electric Company for On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 22-103.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement A-8471 with Taft Electric Company in the amount of $300,000 for a three year term for On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 22-103. (Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
J. REPORTS

1. Finance Department

SUBJECT: Resolution of City Council and Oxnard Financing Authority Approving the Issuance of Up to $17,400,000 in Principal of 2022 Local Obligation Revenue Refunding Bonds to Refund the Series 2012 Bonds. (10/5/5)

RECOMMENDATION: That the City Council and City of Oxnard Financing Authority Board approve and authorize the following:

1. Resolution of the City Council of the City of Oxnard approving a first amendment to local agency financing documents and the execution of certain certificates relating to the issuance by the City of Oxnard Financing Authority of refunding revenue bonds for the purpose of refunding its outstanding Series 2012 Bonds.

2. Resolution of the Board of Directors of the City of Oxnard Financing Authority authorizing the sale, issuance, and delivery of not more than $17,400,000 in principal amount of Local Obligation Revenue Refunding Bonds (Special District Bond) and approving certain documents and authorizing certain actions in connection therewith.
(Finance and Governance Committee approved 3-0.)
Presentation live upon Consultant's request.

Legislative Body: City Council
Contact: Betsy George, (805) 200-5400

2. Finance Department
SUBJECT: 2021 Single Audit Report and Update on the Corrective Action Plan (CAP). (10/5/5) 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 30, 2022 PAGE 6

RECOMMENDATION: That the City Council receive the 2021 Single Audit Report from the audit firm Eadie + Payne, and an update on the Corrective Action Plan (CAP) from staff. (Finance and Governance Committee approved 3-0.)
Eadie + Payne presentation on the Single Audit Report will be live per consultant's request. Please click the following link to view the required Measure M pre-recorded staff's presentation video for the update on the Corrective Action Plan (CAP): https://youtu.be/rT89ZG6_CAY Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
K. ADJOURNMENT

6 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. E.1

DATE: June 30, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Reconsideration of local emergency and ratification of a director order regarding the water shortage emergency and mandatory water conservation measures.

RECOMMENDATION

That the City Council adopt a resolution:

1. Ratifying an order of the Director of Emergency Services modifying mandatory water conservation measures; and

2. Confirming the need to continue the local emergency declared on May 17, 2022 due to water shortage emergency conditions.

BACKGROUND

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS

1. Resolution Ratifying Director Order 22-03
7 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

RATIFYING AN ORDER ISSUED BY THE DIRECTOR OF EMERGENCY

SERVICES AND CONFIRMING THE NEED TO CONTINUE THE LOCAL
EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 8630(C)

WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code (“OCC”) empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to request the City Council to proclaim the existence of a local emergency when drought conditions threaten the safety of persons or property within the City; and

WHEREAS, on May 17, 2022, the City Council proclaimed the existence of a local emergency due to drought conditions and lack of adequate water supply; and

WHEREAS, also on May 17, 2022, the City Council adopted Resolution 15,569 establishing new mandatory water conservation measures; and

WHEREAS, pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency; and

WHEREAS, the City Council has determined that that there is a need to continue the local emergency because the conditions that brought on the May 17, 2022 local emergency persist; and

WHEREAS, pursuant to Government Code section 8634, and Chapter 6 of the City Code, the Director may promulgate orders and regulations necessary to provide for the protection of life and property and shall request the City Council to ratify such orders and regulations; and

WHEREAS, the Director has issued Order No. 22-03 in response to the Local Emergency.

NOW, THEREFORE, the City Council of the City of Oxnard resolves that:

1. The local emergency declared on May 17, 2022 due to drought conditions and lack of adequate water supply shall remain in effect.

2. Order 22-03 issued by the Director and attached as Exhibit A hereto is necessary to provide for the protection of life and property in response to the Local Emergency and is hereby ratified.

PASSED AND ADOPTED THIS ____ day of ___________ 2022, by the following vote:

8 AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor

ATTEST:

Rose Chaparro, City Clerk

APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney

9 EXHIBIT A
[Director of Emergency Services Order 22-03]

10 11
12 13
14 15
16 17
18 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.1

DATE: June 30, 2022

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the May 17, 2022 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 05 17 2022 CC Regular Meeting
19 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
May 17, 2022

A. ROLL CALL, POSTING OF AGENDA
At 5:02 p.m., Mayor Pro Tem Bryan A. MacDonald called to order the regular meeting of the Oxnard City Council (concurrently with the Oxnard Housing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, and Mayor Pro Tem Bryan A. MacDonald. Mayor John C. Zaragoza was absent.

Housing Authority Commissioner Jose Andrade and Commissioner Francisco Vega joined the meeting at 6:00 p.m.

Staff members present in person were Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager ; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Alexander Hamilton, Fire Chief ; Denise Shadinger, Assistant Chief of Police ; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director ; Steve Howlett, Assistant Public Works Director; Tatiana B. Arnaout, P.E., City Engineer; Ab raham Maldonado, Water Resources Manager ; Megan Schneider, Public Works Water Conservation/Outreach Supervisor ; Emilio Ramirez, Housing Director; Albert Ramirez, Assistant Housing Director ; Vyto Adomaitis, Community Development Director; Mike More, Human Resources Risk Manager and Rose Chaparro, City Clerk.

Staff members Alexander Nguyen, City Manager ; Betsy George, Chief Financial Officer ; Eric L.

Storrie, Special Districts Manager ; and Jan Hauser, Wastewater Division Manager participated via videoconference.

Linda Wilson, Timothy Huynh, and Larry Haynes with Mercy House; Christy Madden with the County of Ventura; Brittany Seniff and Kyle Paine with Community Development Partners; Linda Braunschweiger with Housing Trust Fund Ventura County; Mark S. Manion, Legal Counsel with Price, Postel, & Parma LLP ; Luis Hernandez and Derrick Wada with Many Mansions; Amanda Welker, Financial Analyst with NBS Local Government Consultants ; and Marc Beye ler, Executive Director at Beacon.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority

B. APPOINTMENT ITEMS (5:00 PM)

1. SUBJECT: Virtual Presentation by BEACON's Executive Director, Mr. Marc Beyeler on BEACON's Structure, Projects and Recent Activities and Accomplishments.

Mr. Marc Beyeler, BEACON Executive Director, gave a presentation to Council about the Beacon’s structure, mission, goals, programs, projects, activities and accomplishments.

2. SUBJECT: Presentation by the Channel Islands Neighborhood Council on Water Quality.

Mr. Chuck Carter and Mr. David Copper, Members of the Channel Islands Neighborhood Council Clean Water Team, presented and answered questions. Public comments were received from Debbie Mitchell, Rene Aiu, and Carol Taylor. Written comments were also received in support of this item. 20 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 2

C. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of May, 2022 as "Mental Health Awareness Month."

Mayor Pro Tem MacDonald read the proclamation and presented it to the City of Port Hueneme Councilmember Misty Perez and Maya Zumaya, Director at Large with NAMI Ventura County and mental health advocates. They followed with remarks.

2. SUBJECT: Presentation of a Proclamation Designating the Week of May 24 - 31, 2022 as "Beach Safety Week."

Mayor Pro Tem MacDonald read the proclamation and presented it to Fire Chief Alexander Hamilton who made some remarks.

3. SUBJECT: Presentation of a Proclamation Designating June 18, 2022 as the "31st Annual Juneteenth Celebration."

Mayor Pro Tem MacDonald read the proclamation and presented it to Juneteenth – Oxnard Executive Board, Ms. Julia Dixon and Mrs. Angela Mitchell Landers, JCVC Committee Chairs which made some remarks.

They invited everyone to attend the Juneteenth Freedom Day Celebration at Plaza Park on June 18, 2022.

4. SUBJECT: Recommitment to Resolution No. 15,430 Condemning Racism, Xenophobia, Violence, and Hate Crimes Against Asian Americans and Pacific Islanders.

Mayor Pro Tem MacDonald read the proclamation and recommitted to those beliefs. Councilmembers followed with remarks.

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Alexis (electrification construction/new construction), Chelsy Maganon (electrification construction/new construction) , Lang Martinez (homeless advocate, ha laco encampment), Ariana Rivera (homeless, social services).

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

G. CITY COUNCIL REPORTS
Councilmember Basua reported that she attended the 57th SCAG Regional Conference and General Assembly to represent the City of Oxnard, with local leaders from throu ghout Southern California. The conference was held at the JW Marriott in Desert Springs. She attended the Oxnard Police Department Fallen Officers Memorial event.

Councilmember Lopez attended the Rio School District luncheon “Student of Inspiration ” to recognize the 21 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 3

students from every school within the District. She commended the Rio School District for celebrating and supporting the students. Parents attended to congratulate studen ts for their hard work and celebrate their accomplishments. She congratulated all students graduating this year. D ue to recent news and the possible overturning of Roe v. Wade, Councilmember Lopez made a request to Council for a Council Resolution. A resolution that supports women rights and reproductive freedom, including abortion.

Councilmember Teran echoed Councilmember Lopez’s request in support of a Council resolution to support women rights. Mayor Pro Tem MacDonald stated that s ince there is a first request b y Councilmember Lopez and a second request by Councilmember Teran this request will be forwarded to Ashley Golden, Assistant City Manager, for staff’s consideration.

Councilmember Teran was invited to make a presentation to a group of grad students from Cal Poly. There was a student from Oxnard in the group and she was excited to hear about the many things that the City of Oxnard is working on and the change happening at the City . He attended the “Public Works Appreciation Day” and t hanked the Public Works Director and staff for i nviting him to attend . They ate ice cream to celebrate. He will attend the Carriage Square Neighborhood Council and the Freemont North Neighborhood Council meetings. He made a request for a future appointment item that the Inter -Neighborhood Council Organization Executive Board (INCO) present at a future Council meeting. Mayor Pro Tem MacDonald also supported the request to have INCO present to Council about what they do and their culture.

Councilmember Madrigal attended the Rose Park Neighborhood Council meeting . The first in person meeting in over two years. He thanked Ventura County Supervisor Ramirez for assisting him with a problem situation in his neighborhood. He presented at Oxnard College discussed the City of Oxnard, and local and state government . He congratulated his sister for receiving her Master ’s Degree in Public Policy and Administration from Cal Lutheran University.

Councilmember Perello thanked Ventura County Supervisor Ramirez for her support in the clean -up of Teal Club Road between Patterson and Ventura Road. Also, thanked the staff at the County of Ventura for the cleaning-up work they have been doing . He also thanked the County of Ventura for their efforts in keeping the Etting Road dumping site clean. He attended the Ventura Regional Sanitation District Board meeting.

He also attended the Ventura Council of Governments ( VCOG) water conservation presentation which included Calleguas Municipal Water District, Casitas Municipal Water District, and United Water Conservation District and really enjoyed th e presentation. He said this presentation about the water restrictions should be shared with everyone. Councilmember Perello also supports Councilmember Lopez’s request for a Council resolution to support women rights. He also thanked the Public Works Director and staff for taking a dif ferent route to and from work and when they i dentify a problem in the City that needs attention and needs to be fixed, they utiliz e the 311 application to report these issues so that they can be addressed. He also attended the Oxnard Police Department Fallen Officers Memorial.

Mayor Pro Tem MacDonald participated in the Diversity Collective Ventura County – AIDS Walk Ventura in Ventura with Council members from the City of Ventura and Simi Valley. He attended the Ventura County Transportation Commission and the Gold Coast Transit District meetings. He also attended the Oxnard Police Department Fallen Officers Memorial event. He thanked the Police Department for organizing this event.

1. City Manager Department
SUBJECT: Appointment of Members to Serve on the City's Mobilehome Park Rent Review Board. (0/5/5)
RECOMMENDATION: That the Mayor, with the concurrence of the City Council, make the following appointments to Mobilehome Park Rent Review Board: Felipe Flores, Cynthia Daniels, 22 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 4

and Martin Lee Remmen.

It was moved by Councilmember Teran, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, and Teran voted in favor; motion passed 6-0.

Mayor Zaragoza was absent.

H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J-8 were discussed among the Council and staff.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

J. INFORMATION/CONSENT AGENDA

1. City Clerk Department SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the March 29, 2022 and April 5, 2022 regular meetings as presented.

2. Cultural & Community Services Department SUBJECT: Ventura County Area Agency on Aging Senior Nutrition Program.

RECOMMENDATION: That City Council adopt Resolution #15,567 authorizing:

1. The Cultural and Community Services Director or designee to submit an application for the next Ventura County Area Agency on Aging (VCAAA) Older Senior Nutrition Program grant cycle (July 2022 to June 2023); and

2. If funding is received, authorize the City Manager or designee to execute grant agreements; the Chief Financial Officer or designee to submit financial reports and grant claims and approve or amend budget appropriations for the use of the grant funds; and the City Manager or designee to submit non-financial reports. (This item did not originate in Committee.)

3. Police Department
SUBJECT: First Amendment to the Agreement between the City and the Oxnard Union High School District for Police School Resource Officer Services and Cost Sharing.

RECOMMENDATION: That the City Council execute a First Amendment to the Agreement for Police School Resource Officer ("SRO") Services between the City of Oxnard ("City"), and the Oxnard Union High School District ("OUHSD" or "District"), to extend the term of the agreement for one year from June 30, 2022 to June 30, 2023.

4. Finance Department
SUBJECT: Adoption: Revisions to Procurement Ordinance #3016 - Reflecting Preparation of the new Tyler Munis Enterprise Resource Planning (ERP) Financial System.

RECOMMENDATION: That the City Council adopt Ordinance #3016 amending and replacing portions of Chapter 4 of the Oxnard City Code regarding purchasing and contracting authority titled:

23 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 5

ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING AND REPLACING PORTIONS OF CHAPTER 4 OF THE OXNARD CITY CODE, RELATING TO PURCHASING

AND CONTRACTING

5. Public Works Department
SUBJECT: Agreement A-8459 with HORNE LLP for California Low Income Household Water Assistance Program.

RECOMMENDATION: That the City Council:

1. Receive and file a report about the California Low Income Household Water Assistance Program (LIHWAP); and

2. Authorize the Public Works Director to execute Agreement A-8459 with HORNE LLP to enroll in this financial assistance program, in substantial conformance with the attached template, subject to the final approval of the City Attorney for any final modifications. (Public Works and Transportation Committee approved 3-0.)

6. Public Works Department
SUBJECT: Amend Purchase Order #8552 with SiteOne Landscape Supply, LLC for Citywide Irrigation Parts and Supplies.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to amend Purchase Order #8552 with SiteOne Landscape Supply to increase the not to exceed amount from $100,000 to $1,000,000 and extend the term from June 30, 2022 to February 27, 2025, for the purchase of irrigation parts and supplies.
(Public Works and Transportation Committee approved 3-0.)

7. Public Works Department
SUBJECT: Approve Seventh Amendment to Agreement 7167-15-CM with Ventura Regional Sanitation District.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Seventh Amendment to Agreement 7167-15-CM with Ventura Regional Sanitation District (VRSD) in the amount of $431,441.09 for a total not-to-exceed amount of $1,150,000 and to extend the term from June 30, 2022 to June 30, 2023, with the option to exercise two (2) one-year extensions through June 30, 2025, for monitoring and reporting of the closed Santa Clara Landfill.

(Public Works and Transportation Committee approved 3-0.)

8. Housing Department SUBJECT: The Oxnard Housing Authority Education Scholarship Program.

RECOMMENDATION: That the Board of Commissioners approve the Oxnard Housing Authority’s new privately funded education scholarship program benefitting Section 8 participants and Public Housing tenants.

Consent Items No. 1-7:

It was moved by Councilmember Lopez , seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, and Teran voted in favor; motion passed 6-0. Mayor Zaragoza was absent.

24 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 6

Consent Item No. 8:

It was moved by Councilmember Lopez, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonal d, Madrigal, Perello, Teran , and Housing Authority Commissioners Andrade and Vega voted in favor; motion passed 8-0. Mayor Zaragoza was absent.

K. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Adoption of the Annual Action Plan for Fiscal Year 2022 - 2023 and amending the Annual Action Plans for Fiscal Years 2021 – 22 and 2020 - 2021. (0/10/15)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing regarding 2020 and 2021 Annual Action Plan Amendments, and the Plan Year 2022 Annual Action Plan draft document with fun ding recommendations for the third year
of the 2020 - 2024 Ventura County Regional Consolidated;

2. Approve the 2022 Annual Action Plan with the recommended use of funds for selected activities that conform with City of Oxnard consolidated plan goals as defined in the Ventura County Regional Consolidated Plan for the three entitlement grants, Community Development Block Grant, Home Investments Partnership grant and the Emergency Solutions Grant to be submitted to the United States Department of Housing and Urban Development, as prescribed;

3. Approve the updated changes in activities pertinent to the 2021 Annual Action Plan Amendment and Plan Year 2020 Annual Action Plan Amendment related to HEARTH Emergency Solutions Grant;

4. Authorize the City Manager and his designees, to incorporate the actual HUD grant allocation in the 2022 Annual Action Plan including increasing or decreasing approved activities by 10% of approved recommendation based on the actual HUD grant allocation;

5. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from the public input to the 2022 Annual Action Plan, 2021 Annual Action Plan Amendment and 2020 Annual Action Plan Amendment, as directed by the City Council, including amending any budget appropriations approved by the City Council;

6. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the 2022 Annual Action Plan, 2021 Annual Action Plan Amendment and 2020 Annual Action Plan Amendment to the United States Department of Housing and Urban Development, Office of Community Planning and Development;

7. Authorize the City Manager, and his designees, to execute HUD agreements and sign all agreements for the implementation of the Annual Action Plan including subrecipients, interdepartmental, and intradepartmental agreements.

The City Clerk announced the affidavit of publication and stated that no written communicatio ns were received.

Emilio Ramirez, Housing Director, presented and answered questions. 25 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 7

Mayor Pro Tem MacDonald opened the public testimony portion of the public hearing. Public comments were received from Jason Meek.

Without objection, the Council approved closing the public testimony portion of the public hearing.

Discussion ensued among the Council and staff.

Council made a motion to approve staff’s recommendations with one amendment, to do adjustments up to 5% cuts across the board, if needed.

It was moved by Councilmember Teran , seconded by Councilmember Lopez , to approve the recommended action as amended. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, and Teran voted in favor; motion passed 6-0. Mayor Zaragoza was absent.

L. REPORTS

1. Human Resources Department SUBJECT: Agreement for Third Party Administration of Workers' Compensation Claims. (0/5/5)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement No. A-8455 with CorVel Enterprise Comp., Inc. in an amount not to exceed $1,515,000 for a 5-year term for workers’ compensation claims administration and adjustment services.

Mike More, Human Resources Risk Manager , was available to answer questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Lopez, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, and Teran voted in favor; motion
passed 6-0. Mayor Zaragoza was absent.

2. Public Works Department SUBJECT: Public Works Department Update. (0/10/10)

RECOMMENDATION: That the City Council receive and file an update report from the Public Works Department with respect to an overview of department operations, programs, activities, challenges, opportunities and staffing.

Michael Wolfe, Public Works Director , presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. The report was received and filed, no formal action was required.

3. Public Works Department

SUBJECT: Declaration of a Local Emergency Due to Drought Conditions and a Lack of Adequate Water Supply, Authorizing the City Manager to Take Appropriate Actions, and Adoption of a Resolution Amending Water Conservation Restrictions. (0/10/5) RECOMMENDATION: That the City Council:
26 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 8

1. Adopt Resolution #15,568 proclaiming the existence of a local emergency due to water shortage emergency conditions; and

2. Adopt Resolution #15,569 rescinding Resolution No. 14,741 and adopting new mandatory water conservation measures.

Additional information will be provided live by Calleguas Municipal Water District.

Michael Wolfe, Public Works Director introduced Dan Drug an, Manager at Calleguas Municipal Water District, who presented and answered questions. No public comments were received . Discussion ensued among the Council and staff.

It was moved by Councilmember Lopez, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, and Teran voted in favor; motion
passed 6-0. Mayor Zaragoza was absent.

4. Housing Department
SUBJECT: Central Terrace Apartments located at 217 – 235 East Sixth Street in Downtown Oxnard. (0/5/5)

RECOMMENDATION: That the City Council:

1. Adopt
Resolution #15,570 of the City Council of the City of Oxnard approving and authorizing the City Manager or designee to execute and take all needed actions in consultation with City Attorney relative to entering into an Assignment of City loan documents; loan rider and subordination agreement in connection with that certain loan provided by City to Many Mansions for the development of Central Terrace Apartments affordable housing project;

2. Authorize the City Manager or designee to execute an Assignment, Assumption and Modification Agreement and Loan Rider by and between the City of Oxnard, Many Mansions, a California nonprofit public benefit corporation, and Central Terrace LP, a California limited partnership;

3. Authorize the City Manager or designee to execute a Subordination Agreement by and among Banner Bank, a Washington corporation, the City of Oxnard, and Central Terrace LP, California limited partnership; and

4. Authorize the City Manager or designee to execute the First Amendment to the Affordable Housing and Sustainable Communities (AHSC) Implementation Agreement by and between the City of Oxnard and Many Mansions, a California nonprofit public benefit corporation.

Emilio Ramirez, Housing Director was available to answer questions. No public comments were received.

It was moved by Councilmember Basua,, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Lope z, MacDonald, Madrigal, Perello, and Teran voted in favor; motion
passed 6-0.

5. Housing Department SUBJECT: Homeless Solutions Center, 241 West Second Street. (0/5/5) 27 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 9

RECOMMENDATION: That the City Council:

1. Adopt Resolution #15,571 of the City Council of the City of Oxnard approving and authorizing the Mayor to execute a Financial Cost Sharing Agreement by and between the City of Oxnard and the County of Ventura and further authorizing the City Manager or Designee to execute and take all needed actions relative to entering into a Permanent Local Housing Allocation loan agreement and a Measure O loan agreement with Mercy House Living Centers for the construction of the tenant improvements for the navigation center located within the proposed Homeless Solutions Center project;

2. Authorize the Mayor to execute a Financial Cost Sharing Agreement by and between the City of Oxnard and the County of Ventura for the financial sharing arrangement for the development and operation of the permanent year-round navigation center to be located on the ground floor of the Homeless Solutions Center;

3. Approve and authorize the City Manager or designee to execute the First Amendment to the Disposition and Development Agreement by and between the City of Oxnard and Housing Trust Fund Ventura County and CDP Developers, LLC;

4. Adopt Resolution #15,572
of the City Council of the City of Oxnard declaring 241 W. Second Street to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(a) and Authorizing the City staff to take related actions;

5. Accept, recognize, and deposit a lump sum contribution of $2,935,265 from the County of Ventura to pay for the County’s share of the cost to construct tenant improvements for development of the City’s new permanent year-round navigation center on the ground floor of the Homeless Solutions Center; and

6. Approve a budget appropriation of $160,000 from the Low-and-Moderate Income Housing Fund of the former redevelopment agency.

Emilio Ramirez, Housing Director and Mark S. Manion , Legal Coun sel with Price, Postel, & Parma LLP , presented and answered questions . Public comments were received from Commissioner Yukio Okano and Ventura County Supervisor Carmen Ramirez . Christy Madden, CEO with the Ventura County Executive Office, Community Development and Linda Braunschweiger , CEO of the Housing Trust Fund Ventura County were also available. Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, and Teran voted in favor; motion
passed 6-0. Mayor Zaragoza was absent.

6. Public Works Department
SUBJECT: Fiscal Year 2022-23 Landscape Maintenance Districts Initiation of Proceedings, Declaration of Intention to Levy and Collect Assessments, and Scheduling of Public Hearing. (0/5/5)

RECOMMENDATION: That the City Council acting as the legislative body of the City of Oxnard Landscape Maintenance Districts (LMDs):

1. Adopt
Resolution #15,573 initiating proceedings for the annual levy and collection of assessments for Fiscal Year 2022-23 within the City’s LMDs; and 28 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 10

2. Adopt Resolution #15,574 declaring intention to levy and collect assessments for Fiscal Year 2022-23 within the City’s LMDs pursuant to the Landscaping and Lighting Act of 1972.

Eric L. Storrie, Special Districts Manager and Amanda Welker, Financial Analyst with NBS Local Government Consultants, w ere available to answer questions. No public comments were received .

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmembe r Madrigal, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, and Teran voted in favor; motion passed 6-0. Mayor Zaragoza was absent.

7. City Attorney Department
SUBJECT: Setting November Election for Term Limits Measure; and Selecting Members of City Council to Sign the Argument Against the Measure. (0/10/10)

RECOMMENDATION: That the City Council:

1. Adopt
Resolution #15,575 titled as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD ORDERING AN ELECTION TO BE HELD ON NOVEMBER 8, 2022 TO CONSIDER THE ADOPTION OF A MEASURE TITLED “TERM LIMITS FOR THE MAYOR AND COUNCILMEMBERS,

EXTENSION OF MAYOR'S TERM FROM TWO YEARS TO FOUR YEARS STARING IN 2022”, REQUESTING THE COUNTY CLERK CONDUCT THE ELECTION, AND

AUTHORIZING THE BOARD OF SUPERVISORS TO CANVASS THE RETURNS

2. Authorize one or more members of the City Council to sign the argument against the initiative measure.

Kenneth Rozell, Chief Assistant City Attorney , presented and answered questions . Public comments were received by Alicia Percell. Discussion ensued among the Council and staff.

It was moved by Councilmember Teran, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, and T eran voted in favor; motion passed 6-0. Mayor Zaragoza was absent.

A second motion was made by Council to authorize one or more City Council members to sign the argument against the initiative measure. Councilmember Teran and Councilmember Perello were appoi nted.

Additionally, Mayor Pro Tem MacDonald, Councilmember Basua, and Councilmember Lopez were added to the list and authorized to sign the argument against the initiative measure.

It was moved by Councilmember Perello, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, and T eran voted in favor; motion
passed 6-0. Mayor Zaragoza was absent.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:33 p.m.
29 MAY 17, 2022 OXNARD CITY COUNCIL PAGE 11

ROSE CHAPARRO BRYAN A. MACDONALD
City Clerk Mayor Pro Tem

30 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.2

DATE: June 30, 2022

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Adoption of Resolutions Ordering General Municipal Election, November 8, 2022.

RECOMMENDATION

That the City Council:

1. Adopt a resolution calling and giving notice of a municipal general election to be held on Tuesday, November 8, 2022, for the election of certain officers; and consenting to and requesting election consolidation with the County of Ventura; requesting the County Clerk to render services and supplies; and authorizing the Board of Supervisors to canvass the returns; and

2. Adopt a resolution establishing regulations for Candidate Statements to be printed in the Voter Information Guide at an election to be held on Tuesday, November 8, 2022.

BACKGROUND

The City Council is required by state law to adopt a resolution calling and giving notice of the City's municipal general election in the November of even-numbered years. The November 8, 2022 election is being held for the purpose of electing three Councilmembers (representing districts 1, 2, and 5).

Both of the proposed resolutions are required to coordinate the municipal general election with the Ventura County Registrar of Voters.

The resolution presented as Attachment 1 will consolidate the municipal general election with the statewide general election. This resolution accomplishes the following: 1) requests that the Ventura County Board of Supervisors consolidate the municipal general election with the statewide general election, 2) requests and authorizes the County Election department to conduct the election, and 3) authorizes the county Election department to perform the election canvass.

In a consolidated election, the majority of the activities are managed by the County Registrar of Voters. These include consolidating precincts, establishing voting centers or polling places, recruiting and training precinct officers, furnishing precinct supplies, printing and mailing voter pamphlets (sample ballots), printing official ballots, conducting the Election tally and staffing the tally center, canvassing the election returns and certifying the official election results.

The City's Election official (the City Clerk) will retain the following responsibilities: Conducting the nomination process, publishing and posting legally required notices, and furnishing copies of ballot materials to the Ventura County Registrar of Voters.

Note that effective January 2022, California State law mandates that all voters receive a Vote-by-Mail ballot, mandates mail ballot tracking systems, and other provisions (AB 37). 31 Candidates Statements
The resolution presented as Attachment 3 establishes the regulations for candidate statements that will appear in the voter pamphlet.

The California Elections Code allows candidate statements to include the name, age, and occupation of the candidate and a brief description of the candidate's education and qualifications. The statement may not include the candidate's party affiliation, the candidate's membership or activity in partisan political organizations, or reference to other candidates for the same office. All statements are printed in type of uniform size and darkness, with uniform spacing.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The City’s budget provided $100,000 for the election.

The Ventura County Registrar of Voters has provided an estimated election cost of the elections for the three City Council Districts as follows:

The estimated election cost for the City of Oxnard General Municipal Election consolidated with the November 8, 2022 Statewide General Election for District 1, the cost is $11,000. For District 2, the cost is $9,000. For District 5, the cost is $7,500, plus legal publication costs.

In addition to the estimated costs of over $27,000 from the County, there are additional costs relating to preparing the election, consulting fees, conducting the nomination period, preparing the candidate handbook and installation of the newly elected officers.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. Resolution Calling Election_ November 2022

2. Request for Specified Election Services - Cities Candidates

3. Resolution Regarding Rules for Candidate Statements_ November 2022

4. City of Oxnard Election (3 Council) Cost Estimate NOV 8 2022 32 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

CALLING AND GIVING NOTICE OF A MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF CERTAIN OFFICERS; CONSENTING TO AND REQUESTING ELECTION

CONSOLIDATION WITH THE COUNTY OF VENTURA, INCLUDING

CONSOLIDATION WITH ANY OTHER ENTITIES THAT CONSOLIDATE
WITH THE COUNTY; REQUESTING THE COUNTY CLERK TO RENDER

SPECIFIED SERVICES AND SUPPLIES RELATING TO THE CONDUCT OF A MUNICIPAL GENERAL ELECTION; AND A UTHORIZING THE BOARD OF

SUPERVISORS TO CANVASS THE RETURNS

WHEREAS, under the provisions of the Election Code relating to General Law cities in the State of California, the City of Oxnard (City) is required to call and give notice of a municipal general election to be held on November 8, 2022, for the election of certain municipal officers; and

WHEREAS, a statewide general election will be held within the County of Ventura (County) on the same date, and the City Council desires to consolidate the City’s election with the County’s election; and

WHEREAS, in the course of conduct of the election it is necessary for the City to request certain election-related services from the County; and

WHEREAS, Elections Code section 10403 requires jurisdictions to file a resolution requesting consolidation with a statewide election, with the County Board of Supervisors and a copy with the County Registrar of Voters.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD HEREBY RESOLVES AS FOLLOWS:

SECTION 1. A municipal general election is hereby called and ordered to be held in the City of Oxnard, California, on November 8, 2022, for the purpose of electing three members of the City Council (Districts 1, 2, and 5) to four-year terms. The exact form of the candidates to be voted upon at the election and to appear on the ballot are as follows:

ONE MEMBER OF THE CITY COUNCIL (DISTRICT 1) – Vote for one ONE MEMBER OF THE CITY COUNCIL (DISTRICT 2) – Vote for one ONE MEMBER OF THE CITY COUNCIL (DISTRICT 5) – Vote for one

SECTION 2. The City consents to consolidate its election with the County election on November 8, 2022, and therefore requests that the County Board of Supervisors order that this regular municipal election be consolidated with the statewide general election to be held on November 8, 2022.

SECTION 3. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed by Elections Code section 10418.

SECTION 4. The ballots to be used at the election shall be in form and content as required by law.

33 SECTION 5. The County Board of Supervisors is authorized to canvass the returns of the municipal general election to be held in the City on November 8, 2022.

SECTION 6. Pursuant to Elections Code section 10002, the County Board of Supervisors is requested to permit the County Clerk to render the services and supplies as shown on Exhibit A, attached hereto and made a part hereof, and any and all other services and supplies necessary to complete the municipal general election on November 8, 2022.

SECTION 7. The City agrees to reimburse the County in full for the services performed and supplies provided by the County Clerk upon presentation to the City of a bill.

SECTION 8. Notice of the time and place of holding the election is given and the County Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 9. The vote centers for the election shall be open as required during the identified voting period pursuant to California Elections Code sections 4007 and 14401.

SECTION 10. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 11. The County Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 12. The City Clerk is directed to forward without delay to the County Board of Supervisors and to the County Clerk each a certified copy of this resolution.

SECTION 13. The City of Oxnard authorizes the County election official, pursuant to Section 15651 of the Elections Code, in the event of a tie vote, to determine the tie by random drawing.

PASSED, APPROVED, and ADOPTED, this 30th day of June, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
John C. Zaragoza, Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ ______________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney

34 EXHIBIT A

[ON THE PAGE TO FOLLOW]
35 MARK A. LUNN
Clerk-Recorder, Registrar of Voters
Elections Division

VENTURA COUNTY

REQUEST FOR SPECIFIED ELECTION SERVICES

CANDIDATE
TO: MARK A. LUNN, Clerk-Recorder, Registrar of Voters
FROM: 4
City Name Signature of Authorization
ELECTION: D ATE: _
SER
VICES REQUESTED: Place a check mark next to the desired services.

ITEM #1 PUBLICATIONS
_____ A. County elections official is requested to publish: Notice of Election for O
ffices, Nominees, Election Officers and Polling Places. _____ B. City will publish.

I
TEM #2 CANDIDATE CERTIFICATES AND OATHS OF OFFICE
_____ A. County elections official is requested to furnish Certificates and Oaths of Office.

1. B lank forms only - number requested .

2. F orms filled in appropriately - number requested ___. _____ B. City will furnish Certificates and Oaths of Office.

I
TEM #3 ELECTION NIGHT RESULTS
_____ On-line results
_____ E-mail ________________________________________________ E
LECTIONS DIVISION SERVICES PROVIDED:

CA
NDIDATE FORMS – Ventura County E lections Division to provide one master set for copying.

CA
NDIDATE FILINGS – Ventura County E lections Division will check nomination petition signatures.

CA
NDIDATE STATEMENT – Maximum number of words permitted for the Candidate's Statement will be 200 words. The City will be billed the cost of handling and printing the Candidate Statements. Pursuant to Elections Code Section 10002, the City agrees to reimburse the Ventura County Elections Division in full for the services performed upon presentation of a bill.
36 E
LECTION DAY VOTER INFORMATION – A CD of registered voters and a l ist of polling places will be provided.

SPA
NISH TRANSLATIONS – Ventura County Elections Division will arrange for all translations pursuant to Elections Code Section 13307.

P
RINTING OF COUNTY VOTER INFORMATION GUIDES – Ventura County Elections Division will arrange for printing Candidates' Statements in the County Voter Information Guide for each election.

VOT
E BY MAIL BALLOTS – Ventura County Elections Division will process all Vote By Mail ballots, including the checking of applications and ballot mailing. Applications and envelopes will be provided to City Clerks.

P
OLLING PLACES/PRECINCTS ASSIGNMENTS – Ventura County Elections Division will determine the number of polling places.

T
he undersigned requests the above election services to be performed by the Ventura County Elections Official and pursuant to Elections Code Section 10002, agrees to reimburse the County in full for services requested upon presentation of a bill.

Na
me of City: _________________________________________________ Signature & Title: _________________________________________________ Date: _________________________________________________ Rev. 10/04/17
Rose Chaparro, City Clerk
June 30, 2022
37 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

ADOPTING REGULATIONS PERTAINING TO CANDIDATE

STATEMENTS SUBMITTED TO THE VOTERS FOR THE MUNICIPAL
GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022

WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD HEREBY RESOLVES AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Oxnard on November 8, 2022 may prepare a candidate statement on the appropriate form provided by the City Clerk.

A. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications; written in the first person and conforming to the word count and formatting guidelines provided with the form. The statement must be typewritten in 12 -point type of any standard font, using block paragraphs and single space format, and is limited to 30 lines.

B. The statement shall not include the party affiliation of the candidate, nor the candidate’s membership or activity in partisan political organizations, nor comments nor reference to any opponent or their qualifications, character, or activities (Elections Code §13308). The Elections Official will remove improper language from any statement and not allow it to be printed. The candidate will be notified of the improper language and its removal from the Statement.

C. If text exceeds the word limit, the author will be asked to delete or change a sufficient number of words, or a sentence, to ensure compliance with the required word limit. The candidate should check the statement for proper spelling and punctuation, as the elections official is not permitted to edit any material contained therein once the Candidate Statement has been filed.

D. The statement shall be filed in the office of the City Clerk at the time the can didate’s nomination papers are filed. A signed hardcopy of the statement must be submitted in addition to an electronic version in the form of a Microsoft Word document, via email, CD, or USB drive.

The signed hard copy of the statement is the official fil ed document. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period.

E. Per Elections Code Section 18351, any candidate who knowi ngly makes a false statement of material fact in a candidate statement, with the intent to mislead the voters, is subject to punishment by a fine not to exceed $1,000.

F. All candidate statements shall remain confidential until the nomination period closes. 38 G. Filing a candidate statement is optional. If a candidate statement is not filed, the candidate shall submit a signed blank candidate statement form with his/her completed nomination papers.

SECTION 2. PAYMENT. The Elections Official shall estimate the total cost of printing, handling, translating, and mailing the candidate statement files pursuant to this section.

A. Each candidate filing a statement shall be required to pay a deposit in advance for the estimated pro rata share of printing costs per candidate. The deposit amount for City Council candidates is $ 750.00. The candidate shall deposit this estimated cost, payable to the City of Oxnard, at the time of submission of the candidate statement.

B. The candidate authorizes printing of a candidate statement with the clear understanding that the final pr inting cost will depend on the actual number of candidates filing statements.

Therefore the deposit paid may ultimately be significantly more or less than the actual final cost, and the candidates shall pay the balance of the cost incurred. In the case of overpayment, the clerk shall refund the excess amount to the candidate.

SECTION 3. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Voter Information Guide.

SECTION 4. The City Clerk shall provide each candidate a copy of this resolution at the time nominating petitions are issued.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED, this 30th day of June, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
John C. Zaragoza, Mayor

ATTEST: APPROVED AS TO FORM:

___________________________ ________________________
Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 39 40

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.3

DATE: June 30, 2022

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: List of City Manager Approved Contracts - Informational Only.

RECOMMENDATION

That the City Council receive and file the list of City Manager approved contracts for the period January 1, 2022 through June 9, 2022.

BACKGROUND

On June 12, 2018, the City Council approved Ordinance No. 2943 changing the City's Purchasing Procedures. Ordinance No. 2943 increased the threshold for City agreements/contracts, change orders/amendments and purchase orders allowing the City Manager to award and execute any procurement contract or purchase order up to $200,000 annually. Additionally, the City Manager may execute any amendment that, collectively with the original purchase order or contract and all amendments thereto, does not exceed $200,000 annually. The attached list of contracts, purchase orders and amendments meet the criteria of amounts of being between $101,000 to $200,000 annually (including all prior amendments) for the period between January 1, 2022 through June 9, 2022.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, Executive Assistant I

ATTACHMENTS

1. City Manager Contract List 2022
41 42
43 44

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.4

DATE: June 30, 2022

TO: City Council

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]

SUBJECT: Memorandum of Understanding for the City to Participate in the Clean Power Alliance (CPA) Power Ready Program (Solar and Battery Backup).

RECOMMENDATION

That the City Council authorize the City Manager to enter into a Memorandum of Understanding (MOU) (A -8479) with the Clean Power Alliance (CPA) to participate in the CPA Power Ready Program for the City-owned building located at 214 South C Street (Service Center).
(Community Services, Public Safety, Housing and Development Committee authorized related actions 3-0 on June 8, 2021)

BACKGROUND

On June 8, 2021, the Community Services, Public Safety, Housing and Development Committee voted 3-0 to support the staff recommendation for the City to evaluate the participation in the Clean Power Alliance Power Ready Program for the installation of solar rooftop photovoltaic and battery storage at the Service Center (see Attachment A). The Service Center was selected and evaluated for the Power Ready Program, primarily because it hosts critical City functions (Building and Safety, Billing and Licensing and the City’s Emergency Operations Center).

The Power Ready Program offers CPA member agencies the opportunity to host a solar and battery storage system at a critical facility in their jurisdiction. Installation, maintenance, and operation of the system is at no cost to the City. The goal is for the CPA to install one project at each feasible member agency location. CPA is further making participation easy for the City by contracting with a developer/financier for a 20 year term to fund, build, own, and operate all of the CPA Power Ready Program sites as one aggregated portfolio of sites.

In exchange for hosting this energy storage system, the agency will re-generate solar savings, which CPA will use to pay for the Power Purchase Agreement (PPA) that CPA will enter into with the third party project developer. The City will simply continue to pay their monthly bill, but instead of paying for energy and demand costs, they will pay CPA for Solar and Storage Systems. With the program, bills will not be any higher than they would have been without the system, and could potentially even bring some savings to the City.

The benefits of the program are:
Back-up power system provides power during outages (including Public Safety Power shutoffs, natural disasters, rolling black outs);
No up-front cost to the City and no increase to annual energy bills for participating; Reduced harmful emissions associated with back-up diesel generators; The developer is responsible for all operations and maintenance; Enhanced grid resilience that helps to prevent grid emergencies; 45 Provides a clean, renewable, and reliable energy source as recommended in the City’s Draft Climate Action and Adaptation Plan (CAAP);
CPA may use the solar and battery combination to reduce peak energy demand and help prevent outages during grid emergencies;
Locally generated energy and battery storage can help keep rates stable and low for all of CPA’s customers; Member agency staff learn about hosting battery storage; and CPA will promote the City’s participation in this innovative program.

DISCUSSION
Execution of the MOU is the first step towards advancing the project. The MOU signifies the member agencies' intent to participate in the Power Ready program, which enables CPA to solicit bids through a Request for Offering (RFO) process for all sites together, making it possible for CPA to get the most cost effective bids from a developer.

After a developer is selected from the RFO process, the City will negotiate a site lease agreement (“Lease Agreement”) directly with the developer and CPA will negotiate a Power Purchase Agreement with the developer. Refined details on the solar and battery energy storage system will be developed through contractor bids from the RFO process. If the City is not able to reasonably negotiate a Lease Agreement, then the MOU can be terminated without liability to the City. By entering into the MOU, the City only agrees to negotiate reasonably with the contractor; details of the construction are part of the negotiation.

If acceptable lease terms are reached, Council will be asked to authorize a Lease Agreement, which would replace the subject MOU. The Power Purchase Agreement is between CPA and the developer and will not be brought before the City Council for consideration.

See tentative timeline below.

Support for Climate Action and Adaptation Plan (CAAP) and Grid Resilience Of note, the City has not yet pursued or implemented any municipal solar projects on City facilities or carports. There are currently no such projects in the Capital Improvement Program at any City facility, including the subject site. This proposed Power Ready program would be the first City solar and battery storage on City property and could serve as a demonstration site for future municipal and community solar and battery storage projects.

The City’s Draft Climate Action and Adaptation Plan (CAAP) includes recommended programs and policy directives to 46 promote 100% renewable energy in the City, including development of solar projects on municipal buildings and facilities. This document will be considered by the City Council in September 2022.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

The overarching value of this project is that the City will receive a solar and battery storage system at no cost for use in an emergency situation. By entering into this MOU, the City is essentially committing to “reasonable” lease terms with a future Developer that would provide power resilience for the Service Center in exchange for a zero lease cost to the Developer who builds and operates a solar and storage system for 20-years. In addition, any CPUC Self Generation Incentive Program (“SGIP”) funds awarded to the City, based on the Developer’s application, on behalf of the City to the CPUC, will need to be transferred to the Developer to support the financing of the system. The SGIP fund and the Power Purchase Agreement between the CPA and the Developer are the financing mechanism for this project. These financing mechanisms allow this project to be a no-cost power resilience to the City. By entering into this MOU, the City will pay CPA as billed for electric service at the site under the CPA’s future Power Ready Rate Structure. The Power Ready Rate charge is set up so that the City will pay equal or less than the amount charged to the City annually under the rate structure that would otherwise have been in place if the City did not participate in this program.

COMMITTEE OUTCOME

On June 8, 2021, the Community Services, Public Safety, Housing and Development Committee voted 3-0 to support the staff recommendation for the City to work with the CPA to determine the feasibility of installing solar rooftop photovoltaic and battery storage at the Service Center. Staff worked with the CPA’s consultant who conducted the site inspection and determined that the site was a good choice and the most feasible location for resilient installation.

Prepared by: Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. Attachment A : June 6, 2021 Committee Staff Report

2. Attachment B: CPA PowerReady MOU_ Exhibit A CPA Site Assessment Overview and Exhibit B CPA PowerReady factsheet
47 COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: June 8, 2021

TO: Community Services, Public Safety, Housing & Development Committee

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7868, [email protected]

SUBJECT: City of Oxnard Participation in Clean Power Alliance Power Ready Program (Solar and Battery Backup) for the Building Located at 214 South C Street (Service Center). (0/10/5)

RECOMMENDATION

That the Community Services, Public Safety, Housing & Development Committee support the City’s continued evaluation of participation in the Clean Power Alliance Power Ready Program for the installation of solar roof top photovoltaic and battery storage to support building operations at 214 South C Street (aka “the Service Center”).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/sVglbmYxygs

BACKGROUND

The City joined the Clean Power Alliance (CPA) in 2018. Consistent with the CPA enrollment protocol, customers were enrolled in a phased manner beginning on February 1, 2019 for residential customers and May 1, 2019 for commercial customers and municipal accounts. The CPA is a community choice energy (CCE) program through community choice aggregation (CCA), established as a Joint Powers Authority (JPA) of counties and cities. As a CCE program, the CPA purchases clean power and sells it to customers, while Southern California Edison (SCE) remains responsible for delivery, billing, and resolving any electricity service issues. A CCA program provides for government-led procurement of electricity for customers within their jurisdictional boundaries who elect to remain a program participant.

The goals of a CCA program include increasing the amount of renewable energy provided to residents, creating local clean energy jobs, reducing greenhouse gas emissions, and providing greater public accountability in energy decisions, generally at a cost savings compared to the incumbent electricity provider. CPA procures its renewable energy from a mix of eligible resources; these primarily come from solar and wind power, but also include small amounts of geothermal, biomass, and small hydroelectric power. Since 2018, CPA has entered into long-term power purchase agreements for over 1,300 megawatts of new renewable energy and over 700 megawatts of new battery energy storage. CPA continues to seek economically viable local renewable energy and battery storage projects and will be pursuing local community solar projects in disadvantaged areas in Ventura County; locally, these are census tracts which are primarily located in Oxnard and Ventura; this program will be released in the near future and is known as the Power Share Program.

Attachment A
48 DISCUSSION
The Power Ready Program was developed by the CPA to install solar and storage system(s) at critical load facilities for backup or emergency power. Installation, maintenance, and operations are at no cost to the City.

The Power Ready Program offers CPA member agencies the opportunity to host a solar + battery storage system at a critical facility in their jurisdiction. The goal is for the CPA to install one project at each feasible member agency location.

In exchange for hosting this energy storage system, the agency will re generate solar savings, which CPA will use to pay for the power purchase agreement (PPA) that CPA will enter into with the third party project developer. The City will simply continue to pay their monthly bill, but instead of paying for energy and demand costs, they will pay CPA for solar+storage. The program will keep the City’s monthly bills cost neutral, meaning bills will not be any higher than they would have been without the systems, and could potentially even bring some savings to the City. CPA will contract with a developer/financier to fund all of the CPA Power Ready Program sites as one aggregated portfolio of sites, and CPA will pay the PPA cost on behalf of the member cities.

The CPA approached the City requesting submission of five potential city facilities for consideration for enrollment in the Power Ready Program. The city selected Power Ready sites must be currently served by CPA, considered a critical facility, require substantial energy for operations, have good solar orientation and sufficient land area, and roof integrity to support the rooftop solar installation. The five potential city facilities submitted to CPA included: Service Center (214 South C Street), Oxnard City Hall (300 West Third Street), the Oxnard Main Library (251 South A Street), the Performing Arts Center/PAC (800 Hobson Way), and the Police building (251 South C Street).

The CPA determined that the Service Center was the most appropriate location for the solar and battery installation because it can support the largest sized solar photovoltaic (PV) system (195 kW versus 188kW for the next largest at the Oxnard Main Library) to help the CPA pay for the cost of the battery and PV equipment.

This location also meets the criteria of hosting critical city functions. The second choice which was the Oxnard Main Library. which can host 188kW) presents as a very good second choice, but rooftop installation and roof integrity is anticipated to be problematic. Carport PV installation was considered but installation costs do not make financial sense when considering the viability of an adjacent viable rooftop PV option (Service Center).

Additionally, within the context of all of the city's site submissions, the CPA consultant eliminated Oxnard City Hall, and the Oxnard Police Station in its analysis because those sites cannot support PV arrays as large as the Service Center or the Main Library. The PAC was eliminated because the current energy usage was not high enough on the existing facility.

Solar and Battery Storage Specifications for 214 South C Street The Service Center was identified as a critical facility due to the divisions hosted in the building (Building and Safety, Planning, Traffic Engineering, Code Enforcement, and Billing & Licensing). The Fire Department operations, including the Emergency Operations Center, is located within the Fire Department Headquarters on the northeast corner of Service Center at Second Street and C Street (see Attachment A for full view of Power Ready Project Site). This portion of the Service Center building is supported with an emergency generator; this generator provides robust backup power for the EOC and Fire Department building. The Service Center does have access to the emergency generator, but only for lighting, not power to serve computers, or retrieve records 49 or secure map data. In the event of an emergency, the City’s Service Center building would be limited in its ability to operate or support the EOC through records, utility data, permit information, etc.

Based upon roof capacity, the CPA/CPA consulting team has developed conceptual sizing for the Power Ready program installation for a 195.2 kilowatt ( kW) solar PV system and a 400 kWh (kilowatt-hour) battery system at the Service Center. A PV system of this size is expected to generate 327,448 kW annually. The Oxnard Service Center currently uses 535,940 kWh annually.

The conceptual sizing of the battery installation is to provide approximately 20% of the energy capacity for emergency backup in the event of a power outage. The battery project will provide at least four hours of backup for critical loads only that are defined by Oxnard. The city would likely have the ability to extend the backup timeframe through active load management of critical loads. As long as the sun is shining however, this solar plus battery storage system can run indefinitely; during a prolonged outage it will be able to recharge using solar. The on-site backup generator can contribute to this mix but will be limited to fuel on hand. The presence of a generator will not and has not impacted how the CPA consultant has modeled solar PV plus energy storage at the Oxnard Service Center. A future site visit will determine the precise location of the battery storage system, which is typically the size of a few parking spots.

Next Steps
Staff and the CPA are aware of pending legislation, Assembly Bill (AB) 1139 – Net Energy Metering, which may impact solar installation in the future. The City and CPA will continue to evaluate this potential legislation. The City’s participation in the Power Ready project is free of charge to the City. Therefore, if (AB) 1139 passes, the fiscal impact will be borne by the CPA.

Should the Committee and Council support continued evaluation and enrollment of the site in the Power Ready program, a site visit with CPA would occur in mid Summer. If the site is determined viable through an on-site inspection, the City would be required to sign a memorandum of understanding (MOU) for participation in the Power Ready program. This MOU would be in effect for the term of the Power Purchase Agreement (PPA) that CPA will enter into for the development of the systems. CPA will provide the MOU once, and if, the site is determined feasible. The MOU will then be reviewed by the City Attorney's office, and provided to Council for review and approval. Cities will have the ability to terminate the Power Ready MOU without cost up until a specific timeframe. The provisions of the MOU (terms, buy out clauses, termination, etc) will be communicated if and when the MOU is presented to the City Council. The City and the CPA would initiate a lease agreement through a MOU for use of the property in Fall 2021. The PPA that CPA will enter into for the development of the systems will be approved by the CPA Board of Directors. It is currently anticipated that the earliest construction could commence for this program is Q3 2022.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their 50 quality of life.

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

This agenda item is to continue evaluating the feasibility of the CPA selected location and therefore, there is no fiscal impact as a result of this evaluation. If the City proceeds with the program, the fiscal implications to the City associated with the MOU contract agreement will be evaluated when contract documents are provided.

Prepared by: Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. Attachment A - Solar Panel Installation 214 South C Street

2. Clean Power Alliance Power Ready Program Presentation 06.08.21 51 Agreement # A-8479

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding ("MOU"), made as of the last date signed below (the “Effective Date”), by and between The City of Oxnard (“Member Agency”), the owner or long-term lessee as described in Section 4.a. of the real property described in Exhibit A and referred to herein as the “Site,” and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll the Site in the CPA Power Ready Program, described in more detail below.

RECITALS
WHEREAS, CPA desires to support community energy reliability efforts in its service territory through its Power Ready Program (described in the Power Ready Fact Sheet, attached hereto as Exhibit B), which seeks to provide Member Agency with a no-cost energy resiliency project that provides significant community benefit and demand response to CPA, and WHEREAS, the Member Agency has worked diligently with CPA to determine a suitable site for energy resilience as part of the Power Ready Program, and WHEREAS, the Member Agency is the owner of the Site identified in Exhibit A, which Member Agency and CPA have identified as a suitable site for the Power Ready Program because the Site serves a public-facing service center that hosts offices for city staff and the Fire Administration Building, and
WHEREAS, to implement the Power Ready Program, CPA must enter into an agreement with a third-party developer (“Developer”), who will develop behind-the-meter battery energy storage and solar photovoltaic generation energy systems at the sites selected for the Power Ready Program, including the Member Agency Site, and
WHEREAS, CPA intends to issue and administer a competitive Request for Offers (“RFO”) to select the Developer, and
WHEREAS, CPA intends to include in the RFO a portfolio of development sites, including the Member Agency Site and sites belonging to other CPA member agencies, which portfolio will be relied upon by developers to submit bids to develop solar and storage on the Power Ready Program sites, and
WHEREAS, developers’ bids will include pricing that will be incumbent on the inclusion of the Member Agency Site in the portfolio, and
WHEREAS, the Member Agency will benefit from the installation of the battery energy storage system, which will provide the Site with power during planned and unplanned electrical outages to power certain critical electrical loads,
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NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:

1. Term. This MOU is in full force and effect upon signature by all parties and is effective for five (5) years following the signature date, at which point, CPA and Member Agency may agree, by mutual written agreement, to extend the term of this MOU.

2. Termination .
a. Convenience . Any time prior to CPA’s issuance of the RFO, either Party may terminate this MOU for convenience and without liability to the other Party upon giving the other Party written notice.
b. Default .
i. After CPA issues the RFO, the Parties acknowledge and agree that either Party’s failure to perform any of its material obligations under this MOU shall constitute an event of default and entitle the other Party to terminate the MOU immediately upon written notice of termination. ii. Member Agency Default. Member Agency recognizes that its default under this MOU could undermine CPA’s implementation of the Power Ready Program for other participating member agencies, invalidate Developer bids to develop Solar+Storage Systems under the Power Ready Program, increase costs of construction and reduce benefits to CPA and other member agencies, or a combination thereof. Member Agency acknowledges and agrees to reimburse CPA for all reasonable costs related to, resulting from, or arising from Member Agency’s default including but not limited to any qualified adjustment in the rate price, reasonable fees, or other direct charges that may be assessed by the Developer pursuant to the Power Purchase Agreement, and to be subject to any other remedies that may be available to CPA.
iii. CPA Default. If CPA defaults, CPA acknowledges and agrees to reimburse Member Agency for Member Agency’s reasonably expended costs to prepare the Site for the Solar+Storage System in reliance on the MOU. CPA shall not be liable for any other expenses incurred in reliance on the MOU, any Member Agency personnel time spent in reliance on the MOU, costs to pursue other renewable energy options, or any special or incidental damages.
iv. Force Majeur. Neither Party shall be liable for any default caused by reason of acts of God including volcanic eruption, landslide, lightning, earthquake, fire, or flood (but excepting reasonably anticipated weather conditions at the Site); explosion, sabotage, or similar occurrence; acts of a public enemy, extortion, terrorism, war, blockage, or insurrection; riot or civil disturbance; strikes, lockouts, or labor troubles; change in law or regulation; or other cause without fault and beyond the reasonable control of either Party (financial inability excepted).
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3. The Solar+Storage System and Its Operation.
a. Construction.
i. CPA will select a Developer to construct, install, operate, and maintain at the Site a behind-the-meter battery energy storage and solar photovoltaic generation energy system at Developer’s sole cost and expense, with the anticipated general specifications set forth in Exhibit A hereto (the “Solar+Storage System” or “System”).
ii. In the RFO, CPA will make clear that Developer is required to comply with all provisions of California law applicable to public contracting, including but not limited to bond requirements and prevailing wage requirements.
iii. CPA will require the Developer to submit a siting and construction plan for the Solar+Storage System for Member Agency’s approval, which shall include a commitment to obtain all necessary permits, a waste management plan, and a statement that Developer will adhere to the applicable building code and all local, state, and federal laws. iv. The Parties recognize that the Developer must secure interconnection approval for the Solar+Storage System from Southern California Edison. b. Financing. The Parties anticipate that construction, operation, and maintenance of the Solar+Storage System will be financed by a Power Purchase Agreement (“PPA”) between CPA and the Developer.
c. Ownership. The Parties acknowledge that the Developer will own the Solar+Storage System. However, the RFO will include a provision requiring the Developer to provide Member Agency with the opportunity to purchase the Solar+Storage System at the end of the Site Lease term. d. Maintenance. The Parties acknowledge that the Developer will be responsible for the maintenance of the Solar+Storage System, and Member Agency will provide reasonable access to Developer.
e. Control. The Solar+Storage System will be managed, and operated pursuant to the terms of the PPA, as set forth in more detail below. f. Normal Operations. Except when in Power Outage Operations pursuant to Section

3.g, below, the Solar+Storage System will be managed to meet CPA’s needs for demand-side management at its discretion, and such Solar+Storage System management will not impact Member Agency operations.
g. Power Outage Operations.
i. The Solar+Storage System will have the ability to generate solar energy and charge the Solar+Storage System during power outages that occur during daylight hours.
ii. The Solar+Storage System will be managed to provide power, to the extent reasonably practicable, for certain critical loads at the Site during power outages. The Solar+Storage System will be managed to provide sufficient power to the Site for at least four (4) hours during Power Outage 3 54
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Operations based on the Site’s power needs identified at the time the Solar+Storage System is designed.
h. Operations Insight.
i. CPA will provide Member Agency continuous access to the Solar+Storage System electricity generation dashboard on the worldwide web or otherwise provide Member Agency with the ability to review the amount of electricity generated at any given time.

4. Member Agency Obligations.
a. Ownership. Member Agency warrants that it is the long-term lessee (with a lease term that does not end earlier than, or that Member Agency has the sole discretion to continue until at least, 2045) or owner of the Site and that it has the power to grant permission for use of the Site as part of the Power Ready Program. b. Project Development.
i. Member Agency agrees to allow CPA’s selected Developer to construct the Solar+Storage System at the Site, subject to Developer entering a Site Lease Agreement with Member Agency and subject to Developer receiving all necessary permits and approvals.
ii. Member Agency recognizes that its Site will be included in a portfolio in support of an RFO to potential developers and that withdrawal of its Site from the Power Ready Program could invalidate developers’ bids for the entire program.
c. Site Function. Member Agency agrees that the Site will continue to serve a critical community function, as described in the Recitals above, for the Term of the MOU. If Site no longer serves a critical community function, or Member Agency wishes to change the Site to a different critical community function than the one described herein, and that different critical community function significantly alters electricity usage at the Site, this may constitute a material change to this obligation. Member Agency must immediately notify CPA of the change and make best efforts to cooperate with CPA in remedying impacts related to the change in use.
d. Site Lease. Member Agency agrees to enter into a Solar+Storage Site Lease Agreement with the Developer, provided all material terms are agreed upon, or if the Member Agency does not own the Site, then Member Agency will use best efforts to secure a Solar+Storage Site Lease Agreement or any other agreements necessary to secure use of the Site between the Site owner and the Developer with Member Agency being a third-party beneficiary with a term length up to twenty (20) years. Member Agency shall act at all times in good faith to come to reasonable terms with the Developer and shall not unreasonably condition, delay, or refuse to enter into the Solar+Storage Site Lease Agreement. Reasonable terms shall include, at a minimum, (a) a reasonable provision providing for indemnification of the Member Agency by the Developer, (b) a requirement the Developer carry reasonable insurance, and (c) a reasonable requirement that the 4 55
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Developer return the Site to its condition prior to the installation of the Solar+Storage System if, at the end of the Site Lease term, Member Agency requests that the Solar+Storage System be removed. Member Agency recognizes that it may not require Developer to pay to lease the Site; the consideration for lease of the Site is installation of and Member Agency’s benefit from the Solar+Storage System.
e. Cooperation. Member Agency agrees to cooperate with Developer to secure necessary approvals for Developer to develop the Solar+Storage System at the Site; however, nothing in this MOU constitutes approval of development of the Solar+Storage System. Member Agency is solely responsible for issuance of any permits, including but not limited to providing necessary information for the selected Developer to acquire permits or to comply with the California Environmental Quality Act, if applicable.
f. Billing. Member Agency will pay CPA as billed for electric service at the Site under CPA’s future Power Ready Rate Structure, which will be developed prior to Member Agency execution of the Site Lease. The future Power Ready Rate Structure is further described in Section 5.d. of this MOU. The Power Ready Rate charged to Member Agency annually will be equal to or less than the amount charged to Member Agency annually under the rate structure that would have otherwise been in place if the Member Agency did not participate in the Power Ready Program.
g. SGIP Funds. Developer will apply for the CPUC Self Generation Incentive Program (“SGIP”) administered by Southern California Edison (“SCE”) on behalf of the Member Agency. Member Agency agrees to transfer any awarded SGIP funds to Developer to support financing of the battery energy storage.

5. CPA Obligations.
a. CPA will prepare, issue, and administer the RFO to select the Developer to develop the Solar+Storage System at the Member Agency’s and other member agencies’ sites. CPA will provide Member Agency a reasonable amount of time to review and provide comment on the RFO prior to issuing the RFO. b. CPA will make a commercially reasonable effort to ensure construction of the Solar+Storage System begins no later than June 30, 2023, and will coordinate with Member Agency to determine a mutually agreeable construction schedule.

However, CPA does not guarantee either (a) that the Solar+Storage System will actually be constructed, or (b) that construction will be free from delays beyond CPA’s control.
c. CPA will provide a construction liaison during construction of the Solar+Storage System that will make periodic on-site visits.
d. CPA will bill the Member Agency for generation service on a monthly basis under its Power Ready Rate Structure. The on-bill monthly charge will be calculated to approximate projected monthly bill savings generated by the Solar+Storage System. CPA will conduct a true-up of the Member Agency annual electricity 5 56
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costs annually during the April bill cycle and will credit or charge the Member Agency. Member Agency’s annual charges will be equal to or less than the amount that would have otherwise been charged to the Member Agency if the Member Agency did not participate in the Power Ready Program. e. CPA will provide Member Agency with educational/outreach materials and regular reporting on Solar+Storage System performance.

6. Indemnification. Each Party shall indemnify and hold harmless to the fullest extent permitted by law the other Party and its elected officials, officers, employees, members, volunteers, agents, and representatives from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and disbursements that may directly or indirectly arise and/or result from the indemnifying Party’s gross negligence or willful misconduct. This indemnification shall be only in proportion to and to the extent that such claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including attorneys’ fees and costs incurred in the defense of any such claim or any action or proceeding brought thereon arise from the negligent or intentional acts or omissions of indemnifying Party, and its officers, employees, invitees, or agents.

7. Insurance.
a. The Parties agree to provide and maintain throughout the term of this MOU, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees and contractors for the term of this MOU. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Member Agency’s commercial general liability policy, and Member Agency’s Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on CPA’s commercial general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. The Parties agree to maintain throughout the term of this MOU, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the term of this MOU, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. d. Upon request, either Party shall provide the other evidence of such coverage 6 57
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naming the other Party as an additional insured including an additional insured endorsement issued by the insurance company or program of self-insurance. e. CPA may waive or change any of the requirements in this Section 7 at its discretion, upon mutual agreement with the Member Agency. f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 6.

8. Publicity. Any publicity generated by either Party related to the performance of this MOU should reference both Parties’ contributions. Each Party shall make best efforts to display the words “Clean Power Alliance” and “The City of Oxnard” in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible). Any piece of publicity, including those mentioned above, must be reviewed and approved by both Parties before issuing a press release. Each Party agrees to provide the other Party with reasonable time for review before such issuance.

Where CPA and Member Agency logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size and quality. No signs may be posted, exhibited, or displayed on or about Member Agency property, except signage required by law or contemplated under this MOU, without prior written approval from Member Agency.

9. General Provisions.
a. Entire Agreement. This MOU represents the full and complete understanding between the Parties as to the subject matter of this MOU, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of the MOU.
b. Amendment. Any amendment to or modification of this MOU will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this MOU. c. Governing Law and Venue. This MOU is governed by the laws of the State of California. Any lawsuits files related to this MOU must be filed with the Superior Court for the County of Ventura, State of California.
d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
e. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. 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 partnership or joint venture between the parties. f. Headings. The headings in this MOU are for convenience only, are not a part of the MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
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g. Severability / Partial Invalidity. If any term or provision of this MOU, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this MOU or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this MOU to carry out its intent. h. Survival. All provisions which by their nature must continue after the MOU expires or is terminated shall survive the MOU and remain in full force and effect, including but not limited to the indemnification requirement in Section 6 and the insurance requirements in Section 7.
i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:

To CPA:

Theodore Bardacke, Chief Executive Officer
801 S. Grand Ave., Suite 400, Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:

Nancy Whang, General Counsel
801 S. Grand Ave., Suite 400, Los Angeles, CA 90017
[email protected]
To City of Oxnard:

Alex Nguyen
City Manager
300 West Third Street
Oxnard, CA 93030
[email protected]
j. Electronic Signatures: This MOU 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 MOU and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts : This MOU may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument. 8 59
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IN WITNESS WHEREOF, the parties have executed this MOU on the latest date of execution set forth below.

Theodore Bardacke
Clean Power Alliance of Southern California
Title: Chief Executive Officer
Date:

Alex Nguyen
City of Oxnard
Title: City Manager
Date:
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EXHIBIT A
Clean Power Alliance Power Ready Program
Last edited on April 12, 2022
Oxnard Site Assessment Overview:

Service Center
Address: 214 S C St. Oxnard, CA 93030
Meter Number: 259000-060240
Solar Size 195 kW
BESS Size 100W / 400kWh
Facility Age 2005
Facility Size ≈35,000 ft 2
Critical Loads TBD. Lighting and Plug loads not on generator backup The Oxnard Service Center includes a public-facing service center, offices for city staff, and the Fire Administration building . The building was constructed in 2005 and has a 250 kW backup diesel generator. The generator backs up servers and critical IT infrastructure, as well the circuits for lighting and plug loads in about half of the building. The city hopes the Power Ready program will back up those lighting and plug loads not served by the generator.

Intended Resilience
In the event of a grid outage, the Power Ready goal is to enable the facility to remain open and operational for city staff and fire administration personnel. Those lighting and plug loads not already supported by the generator are top priorities. There is no expectation that the power ready program will eliminate the need of the generator. Rather, the city hopes the solar and storage system will work in tandem with the generator in the event of an outage.

Solar System Size and Location
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The Helioscope design calls for approximately 195 kW of solar PV on the roof of the service center. A 195 kW solar array is projected to generate approximately 325,000 kWh / year, which accounts for approximately 60% of the facility’s annual use of 535,940 kWh (2019 interval data).

All sections of the roof date from 2013, approximately 8 years old, and are in good condition.

There is no significant shading on the roof. None of the roof sections present structural or logistical difficulties for solar installation.

BESS Size and Location
Our initial optimization suggests an ideal battery size of approximately 100kW / 400 kWh.

The facility has an annual peak kW demand of 150 kW; through SGIP, a battery with 4-hour discharge may be sized up to 150 kW / 600 kWh. The facility is located in a community that is Income Qualified for The Equity Tier of the SGIP incentive ($850/kWh, currently oversubscribed in SCE territory).

The Power Ready program design stipulates that approximately 25% of BESS capacity be maintained as a “Reserve Capacity” that is always ready for an unplanned outage. The remaining 11 62
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75% of BESS capacity may be used for daily energy management services, notably energy arbitrage and peak demand clipping.

The ideal BESS location is directly adjacent to the generator in the parking lot.

Electrical Infrastructure
All the Panels that begin with letter E are backed up by the generator. Panels that do no begin with the letter E are not backed up, and are candidates for backup with the Power Ready program. These are marked in red on the single line diagram.

All the Panels that end with the letter A are located in the main electrical room (Room 424) with the main switchboard.

All the Panels that end with the letter B are located in the secondary electrical room (Room 310, also called the Fire Department Electrical Room on the single line).

Hard-Wiring for Resiliency
Solar and Battery sources will connect to the Main Switchboard (in the electrical room accessible from the northern parking lot) via an automatic transfer switch (ATS), and will provide energy in the event of a grid outage.

Additional information regarding critical loads and electrical and building plans are available in the Fulcrum App and Shared Drive.
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EXHIBIT B
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FINANCE AND GOVERNANCE COMMITTEE

AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.5

DATE: June 30, 2022

TO: Finance & Governance Committee

FROM: Phillip Molina, City Treasurer, (805) 385-7808, [email protected]

SUBJECT: Resolution Adopting the FY 2022-23 Investment Policy.

RECOMMENDATION

That the City Council adopt a resolution adopting the FY 2022-23 investment policy for the City of Oxnard.

BACKGROUND

Government Code section 53646 provides that the City Treasurer may annually render to the City Council a statement of investment policy, which the Council shall consider at a public meeting. The Treasurer last submitted an investment policy to the City Council on June 29, 2021. The policy is attached hereto, and the attached resolution adopts this policy. The policy is, except for the date of expected adoption, unchanged.

The City of Oxnard's investment portfolio is conservative and planned with safety of principal as the first objective, followed by provision for funds when needed. Yield is important after these two objectives have been met. The portfolio is diversified as to type of investment, financial institution and maturity. Securities with maturities of more than thirty days are delivered to the City's third-party safekeeping account. City funds are consolidated in the pooled money investment fund to provide maximum investment opportunity. Analysis of cash-flow provides data for anticipated income, clearance of outstanding checks, and dates for extraordinary expenditures to manage liquidity requirements, like the $20 million-plus annual prepayment to CalPERS every July for the City's unfunded accrued liability that fiscal year, which saves the General Fund hundreds of thousands of dollars.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Phillip Molina, City Treasurer

ATTACHMENTS
67 1. FY 22-23 Treasurer's Authority Investment Policy-FINAL

2. Treasurer's Investment Policy Adoption Resolution FY 22-23-FINAL 68

City of Oxnard, California
2022-23 Investment Policy
Adopted June 30, 2022
This statement is intended to provide guidelines for the prudent investment of surplus funds of the City of Oxnard and to outline the policies for maximizing the efficiency of the City’s cash management system.

It is the policy of the City to invest public funds in a manner that will provide high investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State and local statutes governing the investment of public funds. The references to the City Treasurer shall include his or her designee. This policy does not include retirement, retiree health care savings/trust/plan(s) or deferred compensation plans.

This investment policy applies to the City’s pooled investment fund, which includes the General Fund, special revenue funds, capital project funds, enterprise funds, trust and agency funds, and internal service funds. This policy is generally applicable to bond proceeds with consideration given to specific provisions of each issuance. Reports of the investment of bond proceeds are issued monthly by the trustee and may be included in the City Treasurer’s monthly report of the pooled investment fund.

3.0 PRUDENCE-Reference Ca. Govt. Code 53600.3 Investments shall be made with judgment and care – under circumstances then prevailing – which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for the investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by City officials responsible for the investment of public funds shall be the “prudent investor” standard and shall be applied in the context of managing the overall City portfolio of funds. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual’s security risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

4.0 INVESTMENT OBJECTIVES The City’s cash management system is designed to accurately monitor and forecast revenues and expenditures thus enabling the City Treasurer to invest funds to the fullest extent possible. The City Treasurer maintains a diversified investment portfolio to accomplish the primary objectives of safety, liquidity and yield (in that order of priority).

Safety – The safety or risk associated with an investment refers to the potential loss of principal, accrued interest or a combination of these. The City seeks to mitigate credit risk by prequalifying and continuously monitoring financial institutions with which it will do business and by careful scrutiny of the credit worthiness of the investment instruments as well as the institutions. Such resources as FDIC bank ratings, Sheshunoff, Fitch, Moody’s and Standard and Poor’s rating services may be utilized for this review. The City seeks to mitigate interest rate risk through diversification of instruments as well as maturities.

Liquidity – The City investment portfolio will be structured with sufficient liquidity to allow the City to meet its anticipated cash requirements. This will be accomplished through diversity of instruments to include those with active secondary markets, those which match maturities to expected cash needs and the State Local Agency Investment Fund (LAIF) with immediate withdrawal provisions.

Yield – A competitive market rate of return is the third objective of the City investment program after the fundamental requirements of safety and liquidity have been met.

5.0 DELEGATION OF AUTHORITY California Government Code Section 53607 provides the authority for 69

the legislative body of the local agency to invest the funds of the local agency or to delegate that authority to the treasurer of the local agency. Effective January 1, 1997, such delegation is to be reviewed annually and may be renewed by the City Council (Appendix 3, Section 53607).

City Council – Under City of Oxnard Resolution No. 10455, the City Council has authorized the City Treasurer to invest City funds in accordance with California Government Code Section 53600, et. seq. The City Treasurer will include review of the delegation of authority in the annual presentation of the investment policy to the City Council.

City Treasurer – The execution of investment transactions on a daily basis will be conducted by the City Treasurer. The Assistant City Treasurer will execute transactions only as directed by the City Treasurer in the absence of the City Treasurer. The City Treasurer has established a system of controls and a segregation of responsibilities of investment functions to assure maintenance of internal control over the investment function. The City Treasurer may propose amendments to the City’s investment policy, guidelines and procedures at any time in order to carry out the duties as chief investment officer for the City. Such amendments shall be reviewed by the City’s Investment Review Committee and considered by the City Council at a public meeting.

6.0 ETHICS AND AVOIDANCE OF CONFLICTS OF INTEREST Investment officials shall refrain from personal business activity that could conflict with proper execution and management of the policy and the investment program, or which could impair their ability to make impartial decisions. Investment officials must provide a public disclosure document by February 1 of each year or when material interest in financial institutions or personal investment position(s) require it. Furthermore, investment officials must refrain from undertaking personal investment transactions with the same individual(s) employed by the financial institution with whom business is conducted on behalf of the City. The City Treasurer is governed by the Political Reform Act of 1974 regarding disclosure of material financial interests.

7.0CA Govt. Code 53601.5 The City Treasurer shall transact business only with the banks, savings and loan and properly registered securities dealers.

Authorization – The City may conduct business with major registered securities broker-dealers and with dealers designated “Primary” by the Federal Reserve provided all the following criteria are met. The Treasurer or his or her designee will maintain a list of approved financial institutions authorized to provide investment services to the public agency in the State of California. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). Broker-dealers must:
a. Have offices located within the State of California; b. Be adequately capitalized;
c. Make markets in securities appropriate to the City’s needs; d. Agree to abide by the conditions set forth in the City’s investment policy; The City Treasurer shall investigate all institutions which wish to do business with the City and shall require that each financial institution complete and return the appropriate questionnaire and required documentation. An annual review of the financial condition and registration of qualified bidders will be conducted by the City Treasurer.

No public deposit shall be made except in a qualified public depository as established by the established State laws. All financial institutions and broker/dealers who desire to conduct investment transactions with the public agency must supply the Treasurer (or Chief Financial Officer) with the following: audited financial statements, proof of NASD certification, trading resolution, proof of State of California registration, completed broker/dealer questionnaire, certification of having read the Public Agency’s 70

investment policy and depository contracts.

Ratings – With the exception of the Local Agency Investment Fund (LAIF) and U.S. Treasury and Government Agency issues, investments shall be placed only in the those instruments and institutions rated favorably as determined by the City Treasurer with the assistance of bank rating services and nationally recognized rating services (FDIC, Fitch’s, Moody's, Standard & Poor's, Sheshunoff performance rating, etc.).

8.0 AUTHORIZED AND SUITABLE INVESTMENTS
California Government Code Section 53601 (Appendix 3) defines eligible securities for the investment of surplus funds by local agencies. Surplus funds of the City of Oxnard are invested in compliance with this statute and as further limited in this Investment Policy.

U.S. Government - United States Treasury Bills, Notes, and Bonds are backed by the full faith and credit of the United States Government. There shall be no limitation as to the percentage of the portfolio invested in this category. Maturities are limited to a maximum of five years.

U.S. Agencies - The purchase of instruments of, or issued by, a federal agency or a United States government-sponsored enterprise will be limited to a maximum maturity of five years. Such agencies include, but are not limited to, the Federal Farm Credit Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corporation, Student Loan Marketing Association, Tennessee Valley Authority, and the Federal National Mortgage Corporation.

Municipal Bonds, Notes or Evidences of lndebtedness - Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. Registered State warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by the State or by a department, board, agency, or authority of the State.

Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this State include bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. A maximum of 15 percent of the portfolio may be so invested.

Bankers’ Acceptances - Bills of exchange or time drafts drawn on and accepted by commercial banks which are eligible for purchase by the Federal Reserve System are known as bankers’ acceptances. Purchases of these instruments may not exceed 180 days to maturity or 40 percent of an agency's surplus funds. A maximum of 30 percent may be invested in the bankers’ acceptances of any one commercial bank.

Commercial Paper - This short-term unsecured promissory note is issued to finance short term credit needs. Eligible paper is that which is ranked "Pl" by Moody's Investor Services or "Al" by Standard & Poor's or Fitch’s, issued by a domestic corporation having assets in excess of $500,000,000, and having an "A" or better rating on issuer's debt. Purchases of commercial paper may not exceed 270 days or represent more than 10 percent of the outstanding paper of an issuing corporation. Commercial paper purchases will be limited to 15 percent of the City's portfolio.

Negotiable Certificates of Deposit (NCDs) - Allowable NCDs are issued by a nationally or State-chartered bank or a State or federal association or by a State-licensed branch of a foreign bank. The City Treasurer may invest up to 30 percent of surplus funds in NCDs limited to institutions rated "Aa" or better by Moody's or "AA-" or better by Standard & Poor's CD Rating Services. A rating equivalent to FDIC rating of “One” or “Two” or a Sheshunoff performance rating of A or better is required for those institutions not rated by Moody's, Fitch’s or Standard & Poor's. NCDs are considered liquid, trading actively in the 71

secondary market.

Certificates of Deposit (CDs) - Certificates of deposit or "time deposits" of up to $250,000 are federally insured. Beyond that amount, these CDs must be collateralized with the collateral held separately from the issuing institution. The value of the investment must have collateral of at least 110 percent if government securities, or collateral of at least 150 percent if mortgage-backed securities. Statute does not limit CDs, however, this Investment Policy shall limit such investments to a maximum of 30 percent of the portfolio (GC 53601(i)). In addition, time deposits shall be placed in institutions meeting all capital requirements and which maintain a rating equivalent to FDIC rating of “One” or “Two” or a Sheshunoff performance rating of A or better.

Repurchase Agreements - The City may invest in repurchase agreements with banks and dealers of primary dealer status recognized by the Federal Reserve with which the City has entered into a master repurchase contract which specifies terms and conditions of repurchase agreements. The maturity of repurchase agreements shall not exceed 90 days. The market value of securities used as collateral for repurchase agreements shall be monitored by the City Treasurer's office and will not be allowed to fall below 102 percent of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code, which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be eligible negotiable certificates of deposit, bankers' acceptances, commercial paper, or securities that are direct obligations of or that are fully guaranteed by the United States or any agency of the United States. These eligible securities are further defined by California Government Code Section 53651.

Medium Term Notes - A maximum of 30 percent of the City's portfolio may be invested in medium-term notes issued by corporations organized and operating within the United States. Note maturities may not exceed five years. Securities eligible for investment must be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service (i.e., Moody's or Standard & Poor's).

Mutual Funds - Shares of beneficial interest (mutual funds) issued by diversified management companies investing in securities/obligations authorized by California Government Code Section 53600, et. seq., and complying with Section 53601, are permitted investments. Section 53601(l) further defines requirements.

A maximum of 20 percent of the portfolio may be so invested.

Local, State, or County Agency Investment Fund - The Local Agency Investment Fund (LAIF) has been established by the State Treasurer for the benefit of local agencies. The City may invest up to the maximum permitted by LAIF and the Ventura County Investment Pool operated under the control of the County Treasurer, and CALTRUST consistent with California Government Code Section 53635.

Ineligible Investments - Investments not described herein, including but not limited to common stocks and financial futures contracts and options, are prohibited in this fund.

City Inter-fund Loans - Funds may be invested in loans to provide specific funding to City programs, provided no loan shall violate any limitations prescribed by California law. Legal requirements shall include but not be limited to those listed in Government Code section 66006(b)(1)(G) for development impact fees and in Government Code section 66013(d)(5) for water connection, sewer connection and capacity charge fees.

9.0 COLLATERAL
The issue of collateral requirements is addressed in California Government Code Section 53652. All active and inactive deposits must be secured at all times with eligible securities in securities pools pursuant to Sections 53656 and 53657. Eligible securities held as collateral shall have a market value in excess of the total amount of all deposits of a depository as follows:
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government securities, at least 10 percent in excess
mortgage backed securities, at least 50 percent in excess letters of credit, at least 5 percent in excess.

FDIC coverage as the Official Custodian of a public unit is insured up to $250,000 per bank and all active and inactive deposits above the FDIC insured amount must be collateralized to be secured.

10.0 INVESTMENT POOLS/MUTUAL FUNDS
A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed which will answer the following general questions:
a) A description of eligible investment securities, and a written statement of investment policy and objectives.
b) A description of interest calculations and how it is distributed, and how gains and losses are treated. c) A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. d) A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
e) A schedule for receiving statements and portfolio listings. f) Are reserves, retained earnings, etc. utilized by the pool/fund? g) A fee schedule, and when and how is it assessed.
h) Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?

11.0 DIVERSIFICATION
The City's portfolio will be suitably diversified by type and institution in an effort to reduce portfolio risk while attaining market average rates.

Security Type and Institution - U.S. Treasury securities and authorized pools, and any portfolio or institutional limits shall comply with California Government Code. Investments are further limited by specific language relating to each investment type as stated in Section 8 of this Policy.

Maximum Maturities - To the extent possible, the City Treasurer will attempt to match investments with anticipated cash flow requirements. The City's portfolio will not be directly invested in securities which mature more than five years from the date of purchase. Reserve funds may be invested in securities exceeding the five years as allowed by California Law (maturity of such investments should coincide as nearly as practicable with expected use of funds).

12.0 INTERNAL CONTROLS
A system of internal controls will be maintained to assure compliance with Federal and State regulations, City Council direction, and prudent cash management procedures.

Investment Review Committee - The City Treasurer shall form the investment committee, whose members may include the City Manager, and Finance Director, or their designated alternates plus members of the public whose interest and knowledge can provide sound advice to the Investment Review Committee tasked with quarterly review of procedures and adherence to this Investment Policy.

Investment Portfolio Guidelines - Guidelines (Appendix No. 2) have been established for procedures within the City Treasurer's Office to assure internal investment controls and a segregation of responsibilities of investment functions.

Annual Audit - The City's portfolio is included in the annual review of the City's financial management 73

performed by an independent (as defined by FASB and GASB) outside audit firm.

13.0 PERFORMANCE STANDARDS
The investment portfolio will be designed to attain at least a market-average rate of return during budgetary and economic cycles. Whenever possible, and consistent with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return as shown on the average CMT (Constant Maturity Treasury) whose maturity most closely matches the average maturity of the portfolio. In addition, the City portfolio will be compared with LAIF and the goal is to maintain a higher positive annual yield than LAIF's annual yield.

14.0 REPORTING-Reference: CA Govt. Code 53646(b)
The City Treasurer shall provide investment information to City Council.

Periodic Reports - The City Treasurer will provide detailed reports of the investments in the pooled investment fund portfolio on a monthly basis to the City Council, City Manager, Chief Financial Officer, and City Clerk. Within thirty days of the end of each quarter, these reports will be provided with additional information such as market pricing. This report shall include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and moneys held by the local agency, and shall additionally include a description of any of the local agency’s funds, investments, or programs, that are under the management of contracted parties, including lending programs. With respect to all securities held by the local agency, and under management of any outside party that is not also a local agency or the State of California Local Agency Investment Fund, the report shall also include a current market value as of the date of the report, and shall include the source of this same valuation.

Annual Report - This Investment Policy will be presented annually following the close of the fiscal year, to the City Council for approval.

Financial Statements per GASB #31 - City Treasurer will provide the portfolio's market value gains/losses to Finance to be incorporated in the fiscal year-end balance sheet.

Financial Statements per GASB #40 - Effective June 30, 2005, additional disclosure is required. City Treasurer will provide detailed maturity and rating information to Finance to be incorporated in the Comprehensive Annual Financial Report (CAFR).

15.0 SAFEKEEPING AND CUSTODY –Reference: CA Govt. Code 53608 All security transactions, including collateral for repurchase agreements, entered into by the City Treasurer shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts.

16.0 INVESTMENT POLICY ADOPTION –Reference: CA Govt. Code 53646 The City of Oxnard’s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto by the City Treasurer must be presented to the City Council.

The City Treasurer shall establish written investment policy procedures for the operation of the investment program consistent with this policy. The procedures should include reference to: safekeeping, master repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person, or officer may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City of Oxnard. 74

APPENDIX
No. 1 Glossary
No. 2 Investment Portfolio Guidelines
No. 3 California Government Code Sections related to Investment of Public Funds City of Oxnard, California
2022-23 Investment Policy
Adopted June 30, 2022
APPENDIX NO. 1: GLOSSARY
AGENCIES: Federal agency securities.

BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

BASIS POINT: One one-hundredth of a percent (i.e. 0.01 %) BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in inter-dealer markets.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large- denomination CDs are typically negotiable.

COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker acts as a principal in all transactions, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt (also called free). Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&Ls, small business firms, students, farmers, farm 75

cooperatives, and exporters.

FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000.

FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks.

FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing & Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loans associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term “pass-throughs” is often used to describe Ginnie Mae investment instruments.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

LOCAL AGENCY INVESTMENT FUND (LAIF): Funds from local governmental units may be remitted to the California State Treasurer for deposit in this special fund for the purpose of investment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold at a specific date.

MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase and reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.

PORTFOLIO: Collection of securities held by an investor.

PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few unregulated firms. 76

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

RATING AGENCIES: S&P Probably the best known of the Big Three rating agencies, Standard and Poor’s (S&P) is a company providing financial publishing, information and media to the world’s capital markets.

It is owned by the McGraw-Hill Companies. S&P also publishes stock market indices, the most well- known of which is the S&P 500.

S&P’s ratings from the best quality borrowers to the lowest are: AAA, AA, A, BBB, BB, B, CCC, CC, C, and D. Investment grade is BBB and above. S&P uses plus and minus to add intermediate designations to these ratings.

Moody’s Moody’s started in 1909 as a publishing company, issuing railroad bond guides called Moody’s Manuals. It later expanded its coverage to municipal and commercial bonds, and is now called Moody's Investment Services.

Moody’s uses the following ratings: Aaa, Aa, A, Baa, Ba, B, Caa, Ca, and C. Numbers are added for intermediate designations, such as Baa1, Baa2, etc. Investment grade is considered to be Baa and above; anything below is considered speculative, or junk.

Fitch Owned by a French Holding Company, Fimalac SA, Fitch operates internationally and offers financial research as well as credit rating services. The smallest of the Big Three, Fitch uses the same ratings scale as S&P.

Conflicts of Interest of rating agencies
Credit ratings agencies receive fees from the issuers of the securities they rate. In the time leading up to the 2008 financial crisis, S&P, Moody's and Fitch all gave consistently high ratings to mortgage-backed securities created by the investment banks who were paying them. This overrating of risky debt instruments contributed to the financial bubble and subsequent decline. Congress has proposed new regulation of these agencies to increase competition and ensure independence in this market REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Federal Reserve Bank is said to be doing RP, it is lending money that is, increasing bank reserves.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the banks' vaults for protection.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SPREAD: a) The yield or price difference between the bid and offer on an issue; b) The yield or price difference between different issues.

TREASURY BILLS: A non-interest bearing security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BONDS: Long-term U.S. Treasury securities having initial maturities of more than ten years.

TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years.
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YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
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City of Oxnard, California
2022-23 Investment Policy
Adopted June 30, 2022
APPENDIX NO. 2: OXNARD CITY TREASURER INVESTMENT PORTFOLIO GUIDELINES A. INTRODUCTION. These guidelines are established to direct and control investment activities in such a manner to assure that the goals established in the Investment Policy are attained.

B.GENERAL FACTORS. Several factors must be considered in preparation for effective portfolio management.

1. Cash Forecast. The cash flow of the City shall be updated daily with an analysis of cash receipts and expenditures. A close working relationship with City Departments having a significant impact on cash flow is maintained to maximize the efficiency of the City's cash management system.

2. Pooled Cash. Whenever practical, the City's cash should be consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated according to specific general ledger cash balances. No City bank account may be opened without the knowledge and consent of the City Treasurer.

3. Authorized Institutions. A list of institutions, which meet the criteria of the Investment Policy and have been authorized by the City Treasurer to do business with the City, will be maintained and regularly updated. Investment transactions will be executed only with approved broker/dealers, banks, and savings and loans.

4. Preservation of Portfolio Value. Yield standards are in place in an effort to maintain earnings consistent with the market average rate of return.

5. Golden Rule of Portfolio Management. Investment instrument characteristics should be known and understood before a purchase of the investment instrument. And recognizing that there are no firm and steadfast rules (strategies) for portfolio management due to the fact that investor expectations change by the day, hour and minute, and because of this market instability, prudent principles of fiscal management must be applied.

C. STRATEGY: Strategy refers to the plan of action for managing financial resources in the most advantageous manner. The City Treasurer uses the following elements in developing strategy.

1. Economic Forecasts. Economic forecast information developed by economists and financial experts, obtained through bankers and brokers, is used to assist the City Treasurer with the formulation of an investment strategy for the City.

2. Investment Implementation. Investment transactions will be executed in conformance with anticipated cash flow requirements, economic conditions, and interest rate trends and must be consistent with the established Investment Policy.

3. Yield Enhancement. Investment techniques will be utilized which increase yield and maintain a fully invested position.

D. INVESTMENT PROCEDURES. The City Treasurer has developed internal investment procedures to 79

provide for effective cash management. Segregation of responsibilities is maintained to assure an adequate system of internal control over the investment function.

1. Diversification. The fund should consist of a mix of various types of securities, issuers, and maturities.

2. Competitive Bids. Purchase and sale of securities shall be made on the basis of competitive bids and offers with a minimum of two quotes being obtained, when practical.

3. Investment Transactions. Investment transactions will be authorized by the City Treasurer. In his/her absence, the Assistant City Treasurer will execute transactions as prescribed by the City Treasurer prior to his/her absence. In the event of unexpected absence and unavailability by the City Treasurer, the Assistant City Treasurer will transact within established guidelines.

4. Electronic Transactions. Whenever possible, the City will use preformatted wire transfers and ACH debits to restrict the transfer of funds to preauthorized accounts only. All electronic transactions require an initiator plus an approval by an authorized employee. Authenticity is verified on next business day for each electronic transaction.

5. Safekeeping. Securities purchased from broker/dealers (on which maturity is greater than 30 days) shall be held in third party safekeeping with the Trust Department of Union Bank of California acting as third party trustee. All such purchases will be on a delivery versus-payment basis. Evidence of account for certificates of deposit will be issued in the City's name and held in City Treasurer's vault.

E. INVESTMENT CRITERIA. All investments will be made in compliance with Federal, State, and Local laws governing the investment of City funds, and in accordance with the City Treasurer's Investment Policy.

1. Maturity of Investment. Investments longer than one year may be made if consistent with the City's cash flow needs, related intent to hold until maturity, unless market conditions demand otherwise.

Securities may be sold prior to maturity for cash flow purposes or to otherwise enhance the portfolio. If the rating of any depository declines to an unacceptable level prior to the maturity of an investment of City funds, the investment will be matured at the earliest possible opportunity. If the rating drops below the allowable level of any one of the rating services, the investment will be sold if no significant loss of principal is involved.

Such sales will be determined by the City Treasurer.

2. Certificate of Deposit Evaluation.
(a) Time Certificates of Deposit shall be evaluated in terms of FDIC coverage. For deposits in excess of the insured maximum of $250,000, approved collateral shall be required at the percentage above market value as specified by California Government Code Section 53652 and/or 53651. (b) Negotiable Certificates of Deposit shall be evaluated in terms of the credit worthiness of the issuer as these deposits are uninsured and uncollateralized promissory notes.

F. PRIMARY GOALS. As set forth in the Investment Policy, the primary goals for the City of Oxnard are safety, liquidity, and yield, in that priority order.

1. Safety. The safety/risk associated with an investment refers to the potential loss of principal, accrued interest, or a combination of these. The City of Oxnard employs investment instruments considered to be safe. The primary duty of the City Treasurer is to protect the cash and investments placed in her trust on behalf of the citizens of the community.

2. Liquidity. Liquidity refers to the ability to convert investment holdings to cash immediately with no loss of principal or accrued interest. This quality of investment is important should an unexpected need for funds occur.
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3. Yield. Yield is the dollar earnings the investment provides. Yield becomes important only after the fundamental requirements of safety and liquidity have been met.

G. INTERNAL CONTROL OF INVESTMENTS. Investment transactions are controlled through distribution of responsibilities within the Treasurer's Office by the following procedures:

1. The Treasurer initiates each investment transaction.

2. Details of the investment are recorded on a trade slip and given to the account clerk responsible for encoding the trade details into the electronic investment system. The same account clerk produces a verification letter mailed to the institution receiving the investment. A copy of the letter is forwarded to the transferring bank.

3. The transaction record is then delivered to a designee who enters the transaction on the cash balance spread sheet.

4. At month end the balances on the spreadsheet, maintained by a designee, must balance with the portfolio balance maintained independently by the electronic system clerk.

5. Each business day, the Treasurer's Office receives an electronic report from the City's bank. This report contains checking account balances, a listing of debits and credits, overnight investments and a record of wired funds. This information is incorporated into the monthly checking account statement which provides a cross reference.

6. The Treasurer's Office forwards copies of all investment and transfer letters to General Accounting daily. General Accounting also receives copies of all bank statements, daily print-outs, bank reconciliations, credit/debit memorandums, journal vouchers, and tapes coordinating Treasurer's Receipts with deposits.

7. The Treasurer's report of balances and summary of investments and earnings is compiled monthly and distributed to the City Council, City Manager, City Clerk and Chief Financial Officer. A report, including market values, will be provided on a quarterly basis within 30 days of the close of the last month of each quarter. A report of portfolio gains/losses will be provided to the Chief Financial Officer at fiscal year-end for inclusion in year-end balance sheet reporting.

These Guidelines are provided to all staff members of the City Treasurer's Office having involvement with the investment procedures in any way. It is intended that these guidelines define the details of current practice set forth by the Investment Policy.
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City of Oxnard, California
2022-23 Investment Policy
Adopted June 30, 2022
APPENDIX NO. 3: STATE OF CALIFORNIA GOVERNMENT CODE INVESTMENT PROVISIONS 53600.

As used in this article, “local agency” means county, City, City and county, including a chartered City or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation. (Amended by Stats. 1987, Ch. 887, Sec. 2.)
53600.3.

Except as provided in subdivision (a) of Section 27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. (Amended by Stats. 1996, Ch. 749, Sec. 4. Effective January 1, 1997.) 53600.5.

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a return on the funds under its control.
(Amended by Stats. 1996, Ch. 749, Sec. 5. Effective January 1, 1997.) 53600.6.

The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state.

Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern.
(Added by Stats. 1995, Ch. 784, Sec. 13. Effective January 1, 1996.) 53601.

This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or 82

investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery.

For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
(b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d) Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
(e) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f) Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g) Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section.

This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).
(h) Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria:
(A) Is organized and operating in the United States as a general corporation. 83

(B) Has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO.
(2) The entity meets the following criteria:
(A) Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B) Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(C) Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.

Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, that have less than one hundred million dollars ($100,000,000) of investment assets under management, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, that have one hundred million dollars ($100,000,000) or more of investment assets under management may invest no more than 40 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635. (i) Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. (j) (1) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section. (2) Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
(3) Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A) The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. (B) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio. (C) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
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(D) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (4) (A) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. (B) For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank:
(i) Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness.
(ii) Financing of a local agency’s activities.
(iii) Acceptance of a local agency’s securities or funds as deposits. (5) (A) “Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery. (B) “Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
(C) “Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
(D) “Securities lending agreement” means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral. (E) For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds. (k) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer.
(l) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve 85

Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily. (2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000). (4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). (5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (m) Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance. (n) Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o) A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay- through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section. (p) Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission. 86

(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000). (q) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. (r) Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.

This section shall remain in effect only until January 1, 2026, and as of that date is repealed. (Amended by Stats. 2020, Ch. 235, Sec. 2. (SB 998) Effective January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 3 of Stats. 2020, Ch. 235.) 53601.1.

The authority of a local agency to invest funds pursuant to Section 53601 includes, in addition thereto, authority to invest in financial futures or financial option contracts in any of the investment categories enumerated in that section.
(Added by Stats. 1983, Ch. 534, Sec. 3.)
53601.2.

As used in this article, “corporation” includes a limited liability company. (Added by Stats. 2004, Ch. 118, Sec. 18. Effective January 1, 2005.) 53601.5.

The purchase by a local agency of any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. (Amended by Stats. 2001, Ch. 57, Sec. 2. Effective January 1, 2002.) 53601.6.
(a) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in inverse floaters, range notes, or mortgage-derived, interest-only strips. (b) (1) Except as provided in paragraph (2), a local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in any security that could result in zero- interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Section 53601.
(2) Notwithstanding the prohibition in paragraph (1), a local agency may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. A local agency may hold these instruments until their maturity dates. (c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. 87

(Amended by Stats. 2020, Ch. 235, Sec. 4. (SB 998) Effective January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 5 of Stats. 2020, Ch. 235.) 53601.8.

Notwithstanding any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply:
(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution.
(b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose.
(c) The selected depository institution shall request that the local agency inform it of depository institutions at which the local agency has other deposits, and the selected depository institution shall provide that information to the private sector entity.
(d) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring all of the following:
(1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
(2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. (3) At the time of the local agency’s investment with a selected depository institution and no less than monthly thereafter, the private sector entity shall ensure that the local agency is provided with an inventory of all depository institutions in which deposits have been placed on the local agency’s behalf, that are within the private sector entity’s network.
(4) Within its network, the private sector entity shall ensure that it does not place additional deposits from a particular local agency with any depository institution identified pursuant to subdivision (c) as holding that local agency’s deposits if those additional deposits would result in that local agency’s total amount on deposit at that depository institution exceeding the Federal Deposit Insurance Corporation or the National Credit Union Administration insurance limit. (e) If a selected depository uses two or more private sector entities to assist in the placement of a local agency’s deposits, the selected depository shall ensure that it does not place additional deposits from a particular local agency with a depository institution if those additional deposits would result in that local agency’s total amount on deposit at that depository institution exceeding the Federal Deposit Insurance Corporation or the National Credit Union Administration insurance limit. (f) The selected depository institution shall serve as a custodian for each such deposit. (g) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution pursuant to subdivision (b). (h) Notwithstanding subdivisions (a) to (g), inclusive, a credit union shall not act as a selected depository institution under this section unless both of the following conditions are satisfied:
(1) The credit union offers federal depository insurance through the National Credit Union 88

Administration.
(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. (i) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. (j) The deposits placed pursuant to this section shall be subject to Section 53638 and shall not, in total, exceed 50 percent of the agency’s funds that may be invested for this purpose. (k) This section shall remain in effect until January 1, 2026, and as of that date is repealed. (Amended (as amended by Stats. 2015, Ch. 181, Sec. 1) by Stats. 2019, Ch. 619, Sec. 1. (AB 945) Effective January 1, 2020. Repealed as of January 1, 2026, by its own provisions. See later operative version, as amended by Sec. 3 of Stats. 2019, Ch. 619.)
53602.

The legislative body shall invest only in notes, bonds, bills, certificates of indebtedness, warrants, or registered warrants which are legal investments for savings banks in the State, provided, that the board of supervisors of a county may, by a four-fifths vote thereof, invest in notes, warrants or other evidences of indebtedness of public districts wholly or partly within the county, whether or not such notes, warrants, or other evidences of indebtedness are legal investments for savings banks. (Amended by Stats. 1954, 1st Ex. Sess., Ch. 10.)
53603.

The legislative body may make the investment by direct purchase of any issue of eligible securities at their original sale or after they have been issued.
(Amended by Stats. 1953, Ch. 537.)
53604.

The legislative body may sell, or exchange for other eligible securities, and reinvest the proceeds of, the securities purchased.
(Amended by Stats. 1953, Ch. 537.)
53605.

From time to time, the legislative body shall sell the securities so that the proceeds may be applied to the purposes for which the original purchase money was placed in the sinking fund or the treasury of the local agency.
(Amended by Stats. 1953, Ch. 537.)
53606.

The bonds purchased, which were issued by the purchaser, may be canceled either in satisfaction or sinking fund obligations or otherwise. When canceled, they are no longer outstanding, unless in its discretion, the legislative body holds then uncanceled. While held uncanceled, the bonds may be resold. (Added by Stats. 1949, Ch. 81.)
89

53607.

The authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one-year period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year.
(Amended by Stats. 1996, Ch. 749, Sec. 6. Effective January 1, 1997.) 53608.

The legislative body of a local agency may deposit for safekeeping with a federal or state association (as defined by Section 5102 of the Financial Code), a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any Federal Reserve bank or with any state or national bank located in any City designated as a reserve City by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested pursuant to this article or pursuant to other legislative authority. The local agency shall take from such financial institution a receipt for securities so deposited.

The authority of the legislative body to deposit for safekeeping may be delegated by the legislative body to the treasurer of the local agency; the treasurer shall not be responsible for securities delivered to and receipted for by a financial institution until they are withdrawn from the financial institution by the treasurer.
(Amended by Stats. 1985, Ch. 983, Sec. 17. Effective September 26, 1985.) 53635.
(a) This section shall apply to a local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body. However, Section 53601 shall apply to all local agencies that pool money in deposits or investments exclusively with local agencies that have the same governing body.

This section shall be interpreted in a manner that recognizes the distinct characteristics of investment pools and the distinct administrative burdens on managing and investing funds on a pooled basis pursuant to Article 6 (commencing with Section 27130) of Chapter 5 of Division 2 of Title 3.

A local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other agencies may invest in commercial paper pursuant to subdivision (h) of Section 53601, except that the local agency shall be subject to the following concentration limits:
(1) No more than 40 percent of the local agency’s money may be invested in eligible commercial paper. (2) No more than 10 percent of the total assets of the investments held by a local agency may be invested in any one issuer’s commercial paper.
(b) Notwithstanding Section 53601, the City of Los Angeles shall be subject to the concentration limits of this section for counties and for cities and counties with regard to the investment of money in eligible commercial paper.
(c) A local agency subject to this section may invest in commercial paper, debt securities, or other 90

obligations of a public bank, as defined in Section 57600. (Amended by Stats. 2019, Ch. 442, Sec. 12. (AB 857) Effective January 1, 2020.) 53656.
(a) At the time the treasurer enters into a contract with the depository pursuant to Section 53649, he or she shall authorize the agent of depository designated by the depository, but including the trust department of the depository only when acceptable to both the treasurer and the depository, to hold securities of the depository in accordance with this article to secure the deposit of the local agency. (b) Only those trust companies and trust departments, or the Federal Home Loan Bank of San Francisco, which have been authorized by the administrator pursuant to Section 53657 shall be authorized by treasurers to act as agents of depository.
(c) The securities are subject to order of the depository in accordance with Section 53654 except when the provisions of subdivision (i) of Section 53661 and Section 53665 are in effect. (d) An agent of depository shall not release any security held to secure a local agency deposit in a depository unless the administrator issues an order authorizing the release where either of the following occurs:
(1) A state or federal regulatory agency has taken possession of the depository. (2) A conservator, receiver, or other legal custodian has been appointed for the depository. (Amended by Stats. 1998, Ch. 1035, Sec. 10. Effective September 30, 1998.) 53657.
(a) No person shall act as an agent of depository unless that person is a trust company located in this state, the trust department of a bank located in this state, or the Federal Home Loan Bank of San Francisco, and is authorized by the administrator to act as an agent of depository. (b) (1) An application for authorization shall be in such form, shall contain such information, shall be signed in such manner, and shall (if the administrator so requires) be verified in such manner, as the administrator may prescribe.
(2) The fee for filing an application for authorization with the administrator shall be five hundred dollars ($500).
(3) If the administrator finds, with respect to an application for authorization, that the applicant is competent to act as an agent of depository and that it is reasonable to believe the applicant will comply with all applicable provisions of this article and of any regulation or order issued under this article, the administrator shall approve the application. If the administrator finds otherwise, the administrator shall deny the application.
(4) When an application for authorization has been approved, the applicant shall file with the administrator an agreement to comply with all applicable provisions of this article and of any regulation or order issued under this article. The agreement shall be in such form, shall contain such provisions, and shall be signed in such manner as the administrator may prescribe. (5) When an application for authorization has been approved, the applicant has complied with paragraph (4), and all conditions precedent to authorizing the applicant to act as agent of depository have been fulfilled, the administrator shall authorize the applicant to act as agent of depository. (Amended by Stats. 1996, Ch. 1063, Sec. 82. Effective January 1, 1997.) 91 RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
ADOPTING THE FY 2022-23 INVESTMENT POLICY
WHEREAS, Government Code Section 53646 provides that the City Treasurer may annually render to the City Council a statement of investment policy, which the City Council shall consider at a public meeting.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to adopt the FY 2022-23 Investment Policy attached hereto as Exhibit A.

PASSED AND ADOPTED this 30th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 92 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.6

DATE: June 30, 2022

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Agreement with Mercy House for FY 2022-23 Shelter Operation (No. A-8474).

RECOMMENDATION

That the City Council:

1. Approve and authorize the Mayor to execute an agreement with Mercy House (A-8474) for the provision of shelter and navigation center operations in Fiscal Year 2022-2023, in the amount not-to-exceed $2,796,891.00; and

2. Authorize the City Manager or designee to approve a budget appropriation(s) for the use of Permanent Local Housing Allocation (PLHA) grant funds from the 2022 - 2023 program year. (This items already budgeted for so it did not originate in Committee.)

BACKGROUND

Since January of 2019, the City has operated a 110-bed, 24-hour shelter, which provides a safe place to sleep, shelter from the elements, meals, and sanitation and related services for individuals experiencing homelessness, at the former National Guard Armory on K Street. After being operated directly by Housing Department staff for five months, in June of 2019 the City procured the non-profit Mercy House to manage the shelter and navigation center operations.

On December 16, 2019, Council approved Agreement No. A-8194 with Mercy House covering shelter operations through June 30, 2020. That Agreement has been subsequently amended three times, and the current agreement will expire on June 30, 2022.

The onset of the COVID-19 public health emergency in March of 2020 required the City and Mercy House to make immediate modifications in the operation of the shelter. The First Amendment, executed in March of 2020, provided for the dispersal and relocation of patients, and the commencement of operations at a second location in order to implement public health requirements for social distancing. That second location is the Police Athletics League facility, located approximately one block from the main shelter location in the former National Guard Armory Building on K Street.

The shelter/navigation center’s projected annual operating cost for FY 2022-23 is $3,084,891.00, exclusive of the additional COVID-19-related expenses. Mercy House has secured $288,000 of HHAP grant funding for FY 2022-23, which reduces the City’s share of the regular operational costs to $2,796,891.

This operating cost for FY 2022-23 will be financed by a combination of Permanent Local Housing Allocation (PLHA) grant funding, together with Measure “O” and General Funds, as set forth in the Financial Impact section of the report.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The not-to-exceed cost of the Agreement for Fiscal Year 2022-2023 is $2,796,891. $1,889,112 will be funded from Measure O, Fund 104-5105, Project MO5101 - Homless Program ($795,565 FY2021-22 available balance plus $1,103,547 FY2022-23 Recommended Budget). $400,000 from the General Fund (Account 101-5105-804.82-09), which is in the Fiscal Year 2022-2023 Recommended Budget.
$497,779 from Permanent Local Housing Allocation (PLHA) grant funds (Fund 190-5192) and appropriated upon execution of the Standard Agreement by the State of California.

COMMITTEE OUTCOME

This item did not originate in Committee. This is a recurring agreement necessary for the continued operation of the homeless navigation center on K Street and funding is included in the FY 22-23 Budget. These agreement terms were considered by the Committee at the initial establishment of the year around shelter operation in 2019.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Agreement Number A-8474
94 Agreement No. A-8474

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: July 1, 2022
(2) Consultant: Mercy House
(3) Services: Emergency Shelter and Navigation Center Operating Agreement (4) Schedule of Services: Shelter operation services shall be provided between July 1, 2022, and June 30, 2023, inclusive.
(5) Agreement Ending Date: June 30, 2023
(6) Total Agreement Amount: $2,796,891.00
(7) City’s Project Manager: Emilio Ramirez, Housing Director (8) Consultant’s Project Manager: Patti Long, Chief Operating Officer (9) Insurance Coverage: INS-B
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:

P. O. Box 1905 435 South “D” Street
Santa Ana CA 92702 Oxnard CA 93030
Attn: Patti Long Attn: Emilio Ramirez
(11) Contact Emails:

CONSULTANT’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit
☐ Rates and Costs Exhibit
☐ Insurance Exhibit (INS-)
95 Agreement No. A-8474

AGREEMENT FOR PROFESSIONAL SERVICES (V-05/23/22)

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.

3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.

4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month.

Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to:
[email protected].

7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect 96 Agreement No. A-8474

AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
or error in the Services performed by Consultant and its employees, agents and subcontractors.

Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

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

9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing.

Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.

12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all documents requested by City.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit 97 Agreement No. A-8474

AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to 98 Agreement No. A-8474

AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees. a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations.

This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.

15. Insurance. Consultant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit.

Maintenance of insurance coverages by Consultant is a material element of this Agreement.

Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.

16. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16. b. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is 99 Agreement No. A-8474

AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.
d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement. e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense. b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City. 100
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c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement. f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.

Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, 101
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and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.

19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.

20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, Section 18704 of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. 102
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23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.

26. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.

27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.

29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.

30. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.

31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.

32. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part. 103
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33. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

34. Attorneys’ Fees. The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relief to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.

36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in “(11) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD CONSULTANT
John C. Zaragoza, Mayor Date Larry Haynes, Chief Executive Officer
Date
Patti Long, Chief Operating
Officer
Date
ATTEST
Rose Chaparro, City Clerk Date

APPROVED AS TO FORM
Stephen M. Fischer, City
Attorney
Date
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Agreement No. A-8474

SCOPE OF SERVICES EXHIBIT
Consultant will provide homeless shelter services to the City at the current shelter location at 351 South K Street in Oxnard from July 1, 2022 through June 30, 2023. The specific areas in which the Consultant will provide services are (1) Operate and manage homeless shelter 24 hours a day, seven days a week. (2) Provide supervision of shelter managers and staff. (3) Deliver quality homeless shelter services for up to 110 participants per day; (4) Work effectively with City and neighboring jurisdictions to ensure needs and services are coordinated. (5) Work closely with City to improve indoor ADA accessibility and other needed indoor capital improvements at the shelter campus; (6) collaborate with the City and the County of Ventura in the development of a tri-partite agreement governing the operation of the future permanent year-round shelter; and (7) Develop a program and engage in fund-development for the future permanent year-round shelter operation.

These areas are detailed with more specificity below:

Shelter Operations: The services provided by Consultant will include the following deliverables:

Consultant will provide three meals (one hot meal) per day, a shower and clean bed for shelter participants (facility currently has 110 beds), with an objective of maintaining a minimum of at least seventy-five percent (75%) occupancy at all times, absent extraordinary circumstances.

Consultant will provide case managers and housing navigators, and will work with and participate in regular coordination meeting with local homeless social service agency staff to assist shelter participants.

Consultant will provide 24 hour security service and work to minimize negative impacts within 500 ft. of shelter facility due to any activity conducted by shelter participants or other homeless persons.

Consultant will employ the necessary staffing to ensure shelter operations provide quality services and hospitality at all times.

Consultant will maintain a clean, healthy and sanitary shelter facility at all times.

Consultant will provide storage of acceptable personal belongings; and storage of acceptable material donations, which will be used for the benefit of shelter participants’ health, hygiene and personal well-being.

Consultant will allow personal pets or service animal into the shelter when it can be done in a way that will ensure that the safety of all shelter staff and participants is not threatened.

Consultant will work with City to identify any and all issues that will need to be addressed before Consultant transitions the Oxnard Navigation Center into a permanent shelter operation under Consultant’s management.

Consultant will provide laundry service for bedding lines, towels, and client clothing, at an on-site facility which has been established for this purpose.
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With respect to case management, Consultant will ensure that each client will be assigned a Housing Navigator who shall work with the client to create a pathway to permanent housing opportunities; in addition, each client will have a completed VI-SPADT assessment and be entered into the Coordinated Entry System (CES). Housing Navigators will assist clients to create a housing plan, including obtaining necessary documentation to move forward in the client’s housing connection process. Case management will be provided daily or as necessary, for the purpose of housing navigation as well as linkages to benefits establishment, to community providers for substance abuse, primary and mental health care, and all other services needed to assist clients in reaching stabilization goals.

Consultant will provide a daily summary of Navigation Center operations that includes client enrollment, new intakes, referrals, and available beds.

Consultant will provide a monthly report related to City Council Five-Year Priorities Metrics; said report will indicate the number of clients served, the number of positive exits, and the number of exits into housing.

Consultant will assist shelter guests to travel to and from appointments and other necessary destinations during the duration of this Agreement. Consultant shall be responsible for all travel operating costs including ride-sharing.

Consultant will maintain required records in accordance with the Homeless Management Information System (HMIS), including recording case notes, and provide all required reporting for required funding sources, including City Metrics, HUD, and PLHA.

Capital Improvements and Accessibility Modifications: City and Consultant acknowledge that (1) the future permanent year-round shelter is under development and anticipated to be operated at another site in Oxnard; (2) Consultant agrees to provide input and design recommendations, to both the City and to any professional architectural and engineering firms retained by the City, and to be involved in the pre-development phase to determine the type of design elements that are desirable to be incorporated into the permanent shelter; and (3) the current K Street Site may require certain capital improvements and accessibility modifications in order to increase its suitability for the permanent shelter operation.

Utilities: Consultant shall be responsible for payment of electricity, gas, telephone and internet utilities. City shall be responsible for payment of water, sewer, and refuse utilities. Consultant shall be responsible for ongoing rental cost of such restroom and shower facilities for the duration of this agreement. City shall be responsible for the cost of any additional restroom and shower facilities which are necessary due to the requirements to modify operations during the COVID-19 emergency. Consultant shall comply with any applicable living wage ordinance.

Fund Development: The parties recognize that additional funding resources will be needed in order to ensure sufficient resources and optimum funding for the current and future permanent- year shelter. Consultant has applied for and received an HHAP grant of $288,000.00 for FY 2022- 23, which it shall utilize towards the cost of Oxnard shelter operations. 107
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RATES AND COSTS EXHIBIT
Compensation: For the term of this Agreement, City shall compensate Consultant a not-to-exceed total of $2,796.891.00 for shelter operations. In addition to the aforementioned, Consultant is the direct recipient of additional grant funds for shelter operations in Fiscal Year 2022-2023 in the amount of $288,000.00 in Homeless Housing Assistance and Prevention (HHAP) funding.

Terms of Payment: Consultant shall invoice City on a monthly basis for the single-site operating costs for all months from July 2022 through June 2023, inclusive. 108
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INSURANCE EXHIBIT
INS-B
109

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.7

DATE: June 30, 2022

TO: City Council

FROM: Helen Miller, Chief Information Officer, (805)385-7446, [email protected]

SUBJECT: Ratify the Microsoft Corporation Enterprise Agreement #808445 with SoftwareOne, Inc. for a Not to Exceed (NTE) amount of $365,062.08 for information technology software licensing.

RECOMMENDATION

That City Council ratify the City’s Microsoft Corporation Volume Licensing Enterprise Agreement #808445 and authorize the Mayor to execute Purchase Order #8617 with SoftwareOne, Inc. for a not-to-exceed amount of $365,062.08 for the continued use and purchase of Microsoft products for the June 1, 2020, to May 31, 2023, agreement term. (The Finance and Governance Committee approved 3-0.)

BACKGROUND

The City of Oxnard uses a Microsoft Enterprise Agreement (EA) for its Microsoft products used by the Police Department. Microsoft software is on every Police Department computer and on most of PD's technology infrastructure servers, providing the business systems used to conduct City business and deliver services to residents. This EA currently provides licensing for 415 computer workstation operating systems, and Microsoft's installed desktop productivity software suites (Word, Excel, PowerPoint, Visio), plus the licensing for database and server infrastructure for business systems; e.g., electronic content management, time-keeping, records management, computer aided dispatch, remote IT support, reporting writing.

The County of Riverside negotiated a contract, PSA-001530, for an Enterprise Agreement with Microsoft based on its user and device counts. As another public agency, the City chose to piggyback on this contract to achieve greater savings than if we were to negotiate with Microsoft on our own. The minimum term that Microsoft allows for Enterprise Agreements is three years. And, the City is required to enroll with and use one of the Riverside agreement’s authorized resellers to obtain the reduced Level D pricing offered by Microsoft to organizations with more than 15,000 devices/users.

DISCUSSION
The City recently renewed the last and third year of its EA for the period of June 1, 2022, through May 31, 2023.

Maintaining the EA ensures the City can keep departmental systems operational and resident services available via:
Valid compliant Microsoft licensing
Weekly Microsoft security maintenance and product bug fixes Enhanced functionality service pack updates
Rights to the latest version of a software product (aka software assurance) Microsoft technical support
Single IT administrative portal consolidating product & licensing information in one place 110

Description FY 20-21 FY 21 -22 FY 22-23 Total
Microsoft Enterprise Agreement
(EA)
$96,687.36 $96,687.36 $96,687.36 $290,062.08
Growth & Contingency 0 0 $75,000 $75,000
TOTAL, per fiscal year $96,687.36 $96,687.36 $171,687.36 $365,062.08 As of May 31, 2022, the City has spent a total of $290,026.08 over the three-year EA agreement’s term of June 1, 2020, to May 31, 2023. Although this contract is in compliance with the City's purchasing ordinance, which allows staff to administratively approve contracts up to $200,000 annually, this was brought for ratification because of the City Manager directive, instituted a few years ago, to use a more restrictive aggregate limit of $200,000. This three-year Microsoft EA contract value exceeds $200,000; therefore, staff should have come to Council for approval before executing the agreement with Microsoft through reseller SoftwareOne in May 2020. Staff is requesting ratification of the original agreement and a not to exceed (NTE) limit of $365,062.08. Doing so covers the $290,062.08 cost of the original EA and allows staff an additional $75,000 to procure necessary Microsoft products from SoftwareOne at the discounted EA prices.

The growth and contingency amount included in Table 1 is for unforeseen remediation or emergency needs and flexible capacity to support the City’s needs through May 31, 2023, when the current software agreement terminates.

Going forward, IT staff will more closely monitor information and technology contracts such that we proactively come to Council before a NTE limit is reached and/or a contract over $200,000 is executed. The new Tyler Munis ERP system’s purchase module will enforce business rules and internal controls that identify and mitigate this scenario from reoccurring in the future.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

Funds for this expenditure for FY 20-21 were not budgeted in the IT department’s annual budget and the license fee was paid with a combination of funds from various departments. For FY 21-22 and 22-23, there are sufficient appropriations in IT's department budget (Fund 731-7301).

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on June 14, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Helen Miller, Chief Information Officer

ATTACHMENTS

1. County of Riverside Licensing Solution Provider Agreement PSA-0001530

2. County of Riverside 1st Amendment PSA-0001530

3. Microsoft Program Signature Form 2020-05-28-15_59

4. 5-0000005482816 City of Oxnard Microsoft Alt Acceptance 052920 111

5. Software One Microsoft EA Year 3 renewal quote
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ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883

Program Signature Form
MBA/MBSA number

5-0000005338069
Agreement number 8084445

Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10635
Enterprise Amendment M97 (New)
Product Selection Form 0952708.003_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer
Name of Entity (must be legal entity name)* City of Oxnard on Behalf of Oxnard Police Department Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
DocuSign Envelope ID: BD9FB1BA-C91B-4838-A024-59FF144C7038 5/28/2020 | 4:14 PM PDT
Purchasing Manager
Daniel Willhite
148
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883

Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include th e appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
DocuSign Envelope ID: BD9FB1BA-C91B-4838-A024-59FF144C7038 Daniel Willhite
Purchasing Manager
5/28/2020 | 4:14 PM PDT
149
AAForm(MSOnly)(WW)(ENG)(May2020) MAAF01 Page 1 of 2
Document X20-12893
Alternative Acceptance Form (Microsoft Only)
Due to the extraordinary impact of the coronavirus (COVID-19), Microsoft has implemented steps to protect personnel and the communities in which they live and work, including conducting business from remote locations and/or using different processes. As a result, Microsoft is utilizing this Alternative Acceptance Form in place of signing a Program Signature Form.

Microsoft’s authorized representative is accepting the contract documents shown on the Program Signature Form bearing the Proposal ID shown below (“Contract Documents”) by typing their name and entering the date of acceptance on this Alternative Acceptance Form. The Agreement Effective Date shown below is the Agreement Effective Date shown on the Program Signature Form.

For the purposes of this Alternative Acceptance Form, “Customer” means the Customer entity identified on the Program Signature Form bearing the same Proposal ID that appears on this form, and “Microsoft” means the Microsoft entity or entities identified below on this form.

MBA/MBSA number: N/A
Agreement number: 01E65727
Enrollment number: 5627032
Proposal ID: 0952708.003
Opportunity ID (if applicable): 5-0000005338069
Agreement Effective Date: 6/1/2020
Customer Name: Executive Office of Technology Services and Security
To indicate Microsoft’s agreement, Microsoft’s duly authorized representative will complete this form by entering their name and the date of Microsoft’s acceptance below. Upon completion of this form, Microsoft agrees that it (1) has received, read and understands this Alternative Acceptance Form, the Program Signature Form, and all Contract Documents, including any websites or documents incorporated by reference and any amendments, and (2) agrees to be bound by the terms of all such documents, as of the Agreement Effective Date. This Alternative Acceptance Form, when completed, will be incorporated into the Agreement noted above.

Acceptance by Microsoft
Enter applicable Microsoft Affiliate: Microsoft Corporation Name of Microsoft authorized representative: John Bjurman Acceptance date: 5/29/2020
The above person is duly authorized on behalf of Microsoft to accept these Contract Documents. Microsoft will not challenge the enforceability or validity of the agreement formed by this alternative process or any of the Contract Documents based on its acceptance using this Alternative Acceptance Form.
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AAForm(MSOnly)(WW)(ENG)(May2020) MAAF01 Page 2 of 2
Document X20-12893
Optional Confirmation of Acceptance on Customer Request Once Microsoft returns to its normal business processes, if Customer requests a Microsoft signature, an authorized representative of Microsoft will sign and deliver a copy of this Alternative Acceptance Form below to confirm the effectiveness of the agreement as of the Agreement Effective Date shown above.

Optional Microsoft Confirmation of Acceptance
Enter applicable Microsoft Affiliate: <choose one>
By signature of its duly authorized representative below, Microsoft hereby acknowledges, ratifies and confirms that the agreement referenced on this Alternative Acceptance Form was duly accepted, and is effective as of the Agreement Effective Date shown above.

Signature: sign your complete name
Printed First and Last Name: print your complete name
Printed Title: print your title
Signature Date: enter the date you signed this form
151
Quoted to: Oxnard Police Dept
Gary Krumian
Date: 2/17/2022 [email protected]
Quote#: 44609
Expires: 3/19/2022 EA# 85882211 - Expires 5/31/2023
Quantity Part # Description Unit Price Ext. Price
4 6QK-00001 Azure Monetary Commitment 1,200.00$ 4,800.00$ 415 W06-01069 CoreCAL ALNG SA MVL Pltfrm DvcCAL 34.67 $ 14,388.05$ 415 269-12442 OfficeProPlus ALNG SA MVL Pltfrm 94.78 $ 39,333.70$ 415 KV3-00353 WINENTperDVC ALNG SA MVL Pltfrm 42.06 $ 17,454.90$ 8 7NQ-00292 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 584.79$ 4,678.32$ 9 D86-01253 VisioStd ALNG SA MVL 51.51 $ 463.59$ 20 6VC-01253 WinRmtDsktpSrvcsCAL ALNG SA MVL DvcCAL 17.94$ 358.80$ 120 9EA-00278 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 125.57$ 15,068.40$ 8 9EM-00270 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 17.70$ 141.60$ Sub-Total 96,687.36 $
Tax
ESD - nontaxable. Please type "Electronic Software
Delivery" on your PO. -$
Shipping No Charge
Total Total Annual Installment 96,687.36$
Prices good for 30 days
Quoted by Jason Carmer
Phone 214-480-845-7155 [email protected]
Pass-Through Warranty and Other Rights. As a reseller, end-user warranties and liabilities (with respect to any third party software products provided by SoftwareONE) shall be provided as a pass-through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment.

Important: Please provide the email address of the recipient designated to receive a SoftwareONE order confirmation and/or receive electronic software deliveries.

Please fax your POs to our Client Assistance Center at 800-366-9994 or email to:
[email protected] - Call 800-400-9852, option 2, to check order status. 152

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.8

DATE: June 30, 2022

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: License Agreement A-8457 to Oxnard Housing Authority for use of property located at 1500 Camino Del Sol.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute License Agreement A-8457 with the Oxnard Housing Authority for the use of property located at 1500 Camino Del Sol in the amount of $564,000 over a term of five years. (Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 14, 2022.)

BACKGROUND

The City’s Multi-Service Center, located at 1500 Camino Del Sol, was originally leased to the Oxnard Housing Authority on July 19, 1994 to assist the Oxnard Housing Authority to obtain a $1 million grant from the United States Department of Housing and Urban Development to implement a Family Investment Center. The proposal was for a five-year program focused on providing self-sufficiency training through supportive services for residents of public housing. When the grant ended, the Oxnard Housing Authority continued the program at a reduced level and a new lease was initiated in July 2001. The Oxnard Housing Authority was also able to operate the building at a reduced cost, compared to what it cost the City to operate the building.

The premises represent a tremendous asset to the La Colonia community and surrounding neighborhoods. For the past two plus decades, the premises have provided an operational base for Resident Services Programs that serve public housing residents. Tenants located at the premises include: Catalyst Family Inc. aka “La Escuelita”, Child Development Resources of Ventura County, Inc., New Dawn Counseling and Consulting, Inc., Future Leaders of America, City of Oxnard Colonia mini library, Infinite New Day, Inc., a computer lab, and Colonia Village Tenant Association’s office. Staff will be actively marketing the office space available.

Although the premises has rent-paying tenants, those rents have never covered the full operating costs. The 2001 lease provided a $130,000 subsidy from the City General Fund to the Housing Authority for the operation of the site, including landscaping, necessary repairs, administrative costs, and utility services expenses. Over the years, the annual operating subsidy has continued to decrease to the most recent amount of $72,000, which is budgeted in from the General Fund Non-Departmental.

As a result of the pandemic, one of the tenants occupying the largest tenant space closed its offices permanently, a second tenant requested rent relief, and Oxnard Housing Authority has not been able to actively market the vacant space. The unexpected financial losses in FY 2020 - 2021 were covered by exhausting the operating reserves for the premises. Despite receiving $126,732 in rent revenues for the current fiscal year and only completing emergency repairs, there is not sufficient budget in the operating reserves to cover the loss of rent in FY 2021-2022. Therefore, the Oxnard Housing Authority is seeking approval for an increase in subsidy to a total of $184,000 for FY2021-22 (net increase of $112,000). This increased funding will cover the monthly operating expense of $22,000 (grounds keeping, janitorial 153
services, plumbing, electrical, heating, air conditioning, etc.).

Effective July 1, 2022, and in the remaining years of the agreement, the subsidy will be $95,000 annually, which is included in the proposed FY 2022-2023 budget.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The funding for this item will be from the General Fund Non-Departmental. There is sufficient funding in the FY 2021- 22 available budget to fund the net increase of $112,000. Thereafter, the annual net increase of $23,000, to a total of $95,000 annually, will be included in each recommended budget through the end of the contract term.

COMMITTEE OUTCOME

The Community Services, Public Safety, and Housing & Development Committee approved 3-0 on June 14, 2022 to approve the staff recommendation and to forward the item for Council approval. Committee members identified blanks in the agreement that had to be filled in, including in sections 2, 8c., and the agreement number.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Multi Service Center License
154
Agreement A-8457

LICENSE AGREEMENT
THIS LICENSE for use of property located at 1500 Camino del Sol, Oxnard, California (“License”) is made and entered into in the County of Ventura, State of California on this 30 th day of June, 2022, by and between the Oxnard Housing Authority (“Licensee”), and the City of Oxnard, a California municipal corporation (“Licensor”), upon the following terms and conditions:

1. Description of Property
Licensor hereby licenses to Licensee, and Licensee hires from Licensor for the term pursuant to the covenants, provisions and conditions set forth herein, the use of an approximate 17,682 square foot building located at 1500 Camino del Sol in Oxnard, California (“Premises”).

Licensee has previously used the Premises pursuant to a lease dated July 19, 1994, July 1, 2011, and September 1, 2014, and extensions thereof (“Prior Leases”). Presently, the Premises are occupied by Licensee and subtenants of Licensee. Most of Licensee’s subtenants are public service organizations, providing support for the community and Housing Authority public housing tenants. Licensor and Licensee acknowledge that the subtenants presently occupying the Premises are providing public service to the residents of Oxnard, and that such benefit shall serve as consideration for Licensor’s grant of this License.

2. Term
This License shall begin on July 1, 2022, and expire on June 30, 2027, unless sooner terminated pursuant to the provisions of this License, or in accordance with law. This License may be extended by written agreement executed by the City Manager and the Housing Director.

3. Use
The Premises shall be used for the following specified purposes and shall not be used for any other purpose without the prior written consent of the City Manager: Office spaces, library purposes, child care purposes, after school programs, job and training programs, welfare to work programs and other public services programs operated by either Licensee or sublicensees that benefit the residents of Oxnard.

4. Improvements
a. Licensee shall not make, or permit to be made, any alteration to the Premises, or any part thereof, without the prior written consent of the City Manager. The City Manager will not unreasonably withhold consent to any request by Licensee to make reasonable improvements to the Premises. Licensee will not make material changes to the signs identifying the Premises without written consent of the City Manager.
b. Any improvements placed or constructed upon the Premises, or any part thereof, shall be at the sole expense of Licensee. Any addition to or alteration of the Premises, except movable furniture and trade fixtures, shall become a part of the realty and belong to the Licensor. 155
Agreement A-8457
2 c. Licensee shall at Licensee’s sole expense, provide and maintain any special equipment used by Licensee and make any installation, alteration or improvement required by law or by any governmental authority by reason of Licensee’s use of the Premises.

5. Utilities
a. Licensee shall pay for and supply to the Premises the following utilities: Custodial services, water, gas, wastewater, solid waste, electric, and heating and air conditioning for the comfortable use and occupancy of the Premises.
b. Licensee shall provide, at its own expense, telephone service and any other necessary or convenient service for which Licensee may subscribe, including any special utility accessory or connection not regularly provided by Licensor.

6. Indemnity by Licensee
a. To the fullest extent permitted by law, Licensee shall (1) immediately defend; (2) indemnify; and (3) hold harmless the City of Oxnard, its City Council, each member thereof, and its directors, officers, and employees (the “Indemnified Party”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with: (i) Licensee’s performance of this License; (ii) Licensee’s failure to comply with any of its obligations contained in this License; (iii) the condition of any portion of the Premises subject to use by Licensee and Licensee’s employees, staff, consultants, agents, contractors, suppliers, invitees, guests, patrons, licensees, sublicensees, successors and assigns (collectively, “Licensee’s Representatives”); (iv) Licensee’s and Licensee’s Representatives’ use of any portion of the Premises; or (v) the conduct of Licensee’s business operated on or about the Premises or any act or negligence of Licensee, or any of Licensee’s Representatives. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Licensee’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of the Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the Indemnified Party, then Licensee’s indemnification obligation shall be reduced in proportion to the established comparative liability.
b. The duty to defend is a separate and distinct obligation from Licensee’s duty to indemnify. Licensee shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the Indemnified Party immediately upon tender to Licensee of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by the Indemnified Party shall not relieve Licensee from its separate and distinct obligation to defend the Indemnified Party. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Licensee asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnified Party. If it is finally adjudicated that 156
Agreement A-8457
3 liability was caused by the comparative active negligence or willful misconduct of the Indemnified Party, Licensee shall submit a claim to the City of Oxnard for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the Indemnified Party.
c. This Section shall survive the termination of this License. The provisions of this Section shall not be restricted by and do not affect the provisions of this License relating to insurance.

7. Maintenance and Repair
a. Licensee accepts the Premises “as is” and agrees, at Licensee’s sole expense, to maintain the Premises and the landscaping immediately surrounding the Premises in neat and clean order and in a condition free from debris and accumulations of waste and fire hazards. Licensee, at its own expense, shall maintain and make all necessary repairs to the Premises, except as otherwise provided below. Licensee may use the “operating subsidy” described below to offset the expenses set forth in this Subsection 7.a.
b. Licensor and Licensee acknowledge that the Premises require new air conditioning, heating, ventilation and roofing systems. Licensee shall maintain existing systems to the extent reasonably possible, however, Licensee shall not be responsible for repair or replacement of major system components which have deteriorated or deteriorate during this License because of age.
c. Licensor shall be responsible for replacement and repair of all exterior utility lines, such as gas, electric, water and sewer lines servicing the Premises. Licensee shall be responsible for maintenance, repair and lighting of the parking facilities adjacent to and servicing the Premises. d. Licensee shall be liable for the costs of any repairs to the Premises that may be necessary due to Licensee’s acts or omissions.
e. Licensee agrees that on the last day of the License term or upon early termination of this License, Licensee will surrender to Licensor, the Premises and appurtenances in the same condition as received, less reasonable use and wear.
f. If Licensee shall fail to perform its duty of maintenance or repair hereunder, Licensor may, following thirty (30) days written notice to Licensee, perform or cause to be performed the maintenance or repair obligations of Licensee hereunder at Licensee’s expense.

8. Operating Subsidy
a. Licensor shall pay to Licensee an operating subsidy of $184,000 for Fiscal Year 2021- 2022. Thereafter, the operating subsidy shall be adjusted to $95,000 effective July 1, 2022. b. The operating subsidy together with all revenues received by Licensee from sublicensees and from Licensee’s own programs for occupancy of the Premises shall be used only to defray the reasonable and appropriate expenses of operating the Premises, including direct expenses and administrative expenses. Licensee shall provide to Licensor, within 90 days of the end of each year of the term of this License, a summary of expenses paid for the License year and the 157
Agreement A-8457
4 revenues received. To the extent that revenues exceed expenses, the revenues shall be offset against the operating subsidy for the following year of the License term; provided, however, that Licensee shall be allowed to maintain an operating reserve equal to 8% of the previous year’s operating expenses. If at the end of the License term, there is an excess of revenue over expenses and/or there remains any operating reserve, Licensee shall pay such excess, as well as the operating reserve, to Licensor.
c. Licensor shall pay the Fiscal Year 2021-2022 operating subsidy to Licensee by within thirty days. Commencing with July 1, 2022, Licensor shall pay the operating subsidy to Licensee on the first day of the month and, and shall be prorated and paid on a monthly basis, so that 1/12 of the subsidy shall be paid each month.

9. Mechanic’s Liens
Licensee shall maintain the Premises free from any liens arising out of any work performed on the Premises for material and labor furnished to the Premises or for any obligation incurred by Licensee.

10. Waste/Quiet Conduct
Licensee shall not permit, or suffer to be committed, any waste upon the Premises, or any nuisance or act which may disturb the quiet enjoyment of any other parties in the vicinity.

Licensee shall remove or abate any and all nuisance conditions and cease all actions which may disturb the quiet enjoyment of any other party in the vicinity within twenty-four (24) hours of the date of any written or electronic notification from the Licensor.

11. Insurance
Licensor understands and acknowledges that Licensee is a self-insured public entity. Licensor agrees to accept Licensee’s status as satisfactory compliance with Licensor’s insurance requirements. In the event Licensee decides to change its insurance status, Licensee agrees to provide Licensor with thirty (30) days advance written notice of the effective date of this change in status. Thereafter, Licensee agrees to provide Licensor with appropriate evidence of insurance coverage(s).

12. Fire Insurance
The maintenance of fire and extended coverage casualty insurance on the Premises and the improvements herein licensed (except fixtures, appliances, equipment and any other items brought into the Premises by Licensee) shall be the responsibility of the Licensor. Following Licensor’s notice to Licensee thereof, Licensee shall not permit acts to be done upon the Premises, or uses to be made thereof which will increase the existing rate of fire or extended coverage insurance on the Premises, or any part thereof.

13. Taxes
158
Agreement A-8457
5 If any activities carried on by Licensee or Licensee’s sublicensees at the Premises result in the imposition of property or possessory interest taxes, Licensee shall be responsible for the payment of such taxes.

14. Assignment/Sublicensing
Licensee may sublicense all or any part of the Premises to any person or entity, so long as the “Use” provisions of Paragraph 3 hereinabove are not violated. Any sublicensing or assignment which would otherwise violate the “Use” provisions shall require the prior written consent of the City Manager. The City Manager’s consent to any assignment, sublicensing, occupation or use by another person or entity shall not be deemed to be a consent to any subsequent assignment, sublicensing, or grant of permission for use.

15. Licensor’s Regulations
Licensor reserves the right to promulgate and later amend reasonable rules and regulations relating to the occupancy and use of the Premises and appurtenances thereto to promote the maximum and best use of the Premises and the interests of all occupants of portions of the Premises. Licensee shall abide by such regulations and they shall be binding upon Licensee following Licensee’s receipt of a copy of the regulations or later amendments thereto.

16. Condemnation
In case the whole of the Premises or such part thereof as shall be taken by any lawful power or authority by exercise of the right of eminent domain, or sold to prevent such taking, either Licensee or Licensor may terminate this License effective as of the date possession is required to be surrendered to such authority. Licensee shall not because of such taking, assert any claim against Licensor or the taking authority for any compensation because of such taking, and Licensor shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Licensor except as provided below. In the event the amount of the Premises or the type of estate taken shall not substantially interfere with the conduct of Licensee’s business; Licensor shall be entitled to the entire amount of the award without deduction for any estate or interest of Licensee. In such event, Licensor shall promptly proceed to restore the Premises to substantially its condition prior to such partial taking, and a proportionate allowance shall be made to Licensee for the rent corresponding to the time during which, and to the part of the Premises of which, Licensee shall be so deprived on account of such taking and restoration.

17. Parking
Licensee and Licensee’s employees, agents, and invitees shall have the non-exclusive right to use the parking facilities located on the Premises. All parking facilities will be maintained by Licensee.

18. Entry by Licensor
Licensee shall permit Licensor, its agents or employees to enter into and upon the Premises at all reasonable times for the purpose of inspections, or making repairs, alterations or additions to any portion of the Premises which Licensor is required to make without any rebate or liability to 159
Agreement A-8457
6 Licensee for any loss of occupation or quiet enjoyment of the Premises occasioned thereby.

Licensor agrees that such right of entry shall not be exercised in such a manner as to unreasonably interfere with any business conducted by the Licensee or Licensee’s sublicensees on the Premises.

19. Waiver
A waiver by Licensor of any default by Licensee in the performance of any covenant, term or condition of the License shall not constitute or be deemed a waiver of any subsequent or other default. The subsequent acceptance of consideration hereunder by Licensor shall not be deemed to be a waiver of any preceding breach or default by Licensee regardless of Licensor’s knowledge of such preceding breach or default at the time of acceptance of such consideration.

20. Notices
Except as otherwise provided, any communications between Licensor and Licensee and notices provided herein are to be given in writing or made by mailing:

To Licensor:

City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Manager
To Licensee:

Oxnard Housing Authority
435 South “D” Street
Oxnard, California 93030
Attention: Housing Director

21. Governing Law
Licensor and Licensee agree that the construction and interpretation of this License and the rights duties of Licensor and Licensee hereunder shall be governed by the Laws of the State of California.

22. Severability
Licensor and Licensee agree that the invalidity in whole or in part of any provision of this License shall not void or affect the validity of any other provision.

23. Successors and Assigns
Licensor and Licensee agree that this License shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Licensor and Licensee. 160
Agreement A-8457
7 24. Time of Essence
Licensor and Licensee agree that time is of the essence in regard to performance of any of the terms or conditions of this License.

25. Default
Any breach of any term or condition of this License by Licensee shall constitute a default hereunder.

26. Remedies
In the event of any default by Licensee as defined herein, Licensor may exercise any remedy or right now or hereafter available to Licensor under the laws of the State of California.

27. Amendment
This License may be amended only by a written document signed by both the Licensor and the Licensee.

28. Entire Agreement
Licensor and Licensee agree that this License constitutes the entire agreement of the parties and supersedes all prior communications, agreements and promises either oral or written.

IN WITNESS WHEREOF, Licensor and Licensee each herby represent that each has read this License, understand it, and hereby executes this License.

LICENSOR AND LICENSEE FURTHER ACKNOWLEDGE THAT EACH RECEIVED A COPY OF THIS LICENSE AT THE TIME OF EXECUTING THE SAME. [SIGNATURES ON FOLLOWING PAGE]
161
Agreement A-8457
8 SIGNATURE PAGE TO LICENSE AGREEMENT
LICENSOR: LICENSEE:

CITY OF OXNARD OXNARD HOUSING AUTHORITY
APPROVED AS TO FORM: APPROVED AS TO INSURANCE:

Stephen M. Fischer
City Attorney
Rhonda Hodge
Housing Finance Officer
162

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.9

DATE: June 30, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Agreement A-8471 with Taft Electric Company for On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 22-103.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute Agreement A-8471 with Taft Electric Company in the amount of $300,000 for a three year term for On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 22-103.
(Public Works and Transportation Committee approved 3-0)

BACKGROUND

The On-Call Traffic Signal Services will provide City Traffic Engineering staff with much-needed support during day-to- day operations, and emergency issues. The on-call contractor will supplement staff’s capabilities with the ability to perform repairs that City staff does not have the capacity or the equipment to perform. Further, during emergency situations, the on-call contract will respond within 1 hour to an incident to make repairs, assisting City staff at locations where traffic collisions damage signal equipment, or where equipment has failed.

This will be a not-to-exceed agreement amount up to $300,000 and the term will be for three years. All work will be issued through task orders at the direction of the City Traffic Engineer. The work under this agreement will be at prevailing wage rates through task orders issued prior to the start of any work. The work includes furnishing all labor, materials, equipment and other incidentals to provide on-call traffic signals repairs, maintenance, replacement, construction and electrical services as directed by City staff.

Projects to be completed by Contractor are categorized as follows:

Non-Scheduled Urgent Repair Work
Contractor must verbally respond within 30 minutes of telephone notification by the City. Contractor must be on the site within one hour of the notification and begin work immediately. Urgent repairs are those where public interest and necessity demand the immediate response to avoid harm to or to safeguard life, health or property.

Scheduled Repair and Maintenance Work
Contractor must verbally respond within four hours of telephone notification by the City. The scope of work and schedule shall be mutually agreed to between City staff and the Contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
163

DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on April 28, 2022, and all bids were due on May 17, 2022. The City received the following bid which is based on a summary of hourly rates for various services and equipment:

Taft Electric Company: $3,346.04
The lowest (and only) bidder is Taft Electric Company (Taft) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Taft. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR).

Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Taft. Additionally, although there was only a single bidder for this project, City staff recommends moving forward with the award as this was anticipated due to the highly specialized nature of the work and lack of contractors within Ventura County that have the ability to respond to urgent work within the allotted timeframes.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for this agreement with Taft Electric Company shall not exceed $300,000 over three years commencing in Fiscal Year 2022-23. Staff has projected the annual budget for this work of approximately $100,000 per year. Funds for Fiscal Year 2022-23 have been included in the Proposed Budget in the General Fund Traffic Signal Maintenance Division (Account No. 101-3102-803-8209) for these on-call services.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 14, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-8471
164

Agreement No. A-8471
1 CITY OF OXNARD CONTRACT FOR

ON-CALL TRAFFIC SIGNALS REPAIRS AND MAINTENANCE SERVICES SPECIFICATION NO. PW 22-103

THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2022 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and TAFT ELECTRIC COMPANY (“Contractor”). Contractor’s license number is 772245.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all do cuments referenced in either the General or Special Provisions as well as the Cont ractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Traffic Signals Repairs and Maintenance Services Specification No. PW 22-103 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the serv ices rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed three hundred thousand dollars ($300,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.

5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents.

This assignment shall be made and become effectiv e at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages appl y. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any in terested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signi ng this Contract, the Contractor certifies as 165

Agreement No. A-8471
2 follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.

12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract tran smitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes . This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]

166

Agreement No. A-8471
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD TAFT ELECTRIC COMPANY

John C. Zaragoza, Mayor1 Date Jim Marsh, CEO 2 Date Alexander Nguyen, City Manager
Jennifer Yates, Purchasing Manager
[ n a m e ] , B u y e r
C a r o l S m i t h , S e c r e t a r y D a t e A T T E S T :

Rose Chaparro, City Date
Clerk (only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.

2 The City requires the following for any contract:
 For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;  For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
 For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different struct ure, or if the above-listed person s are not the appropriate signers, please submit to the City Attorney legally-bindi ng documentation stating who can sign and bind your company.

167

Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any servi ces under this Contract the following insurance against claims for injuries to persons or damage s to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services O ffice Commercial General Liability Covera ge (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant fo r automobile liability with coverage e quivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. If architectural, engineering, or electr ical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 indivi dually. The Professional Li ability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.

d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.

2. Contractor shall, prior to performance of any ser vices, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certifi cates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No. A-8471
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

3. Contractor agrees that all insurance coverages shall be pr ovided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits w ithout 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Contractor agrees that the Commercial General Liability a nd Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability aris ing out of activities performed by or on behalf of Contractor; pr oducts and completed operations of Contractor; premises owned, occupied or used by Contractor; or autom obiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not cont ributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the Ci ty. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, empl oyees and volunteers. The insurance shall 168

apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure r’s liability.

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured rete ntions as respects City, its Ci ty Council, officers, employees and volunteers, or the Contractor shall procure a bond gua ranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide prope r evidence of coverage upon receipt of a written request from the Risk Manager.

169

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

170

SAMPLE

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

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED, NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)

BODILY INJURY
$
(Per accident)

PROPERTY DAMAGE
$

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$
AGGREGATE $

A

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

A

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be
performed under the Agreement

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No.

A-8471
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
171

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would ha ve as a claimant if not so included.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8471
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

172

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodil y injury and property damage.

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

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

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

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No A-8471
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

173

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 22-103 (the “Project”).

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors a nd administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the per formance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), this amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or fo r amounts due under the Unemployment Insurance Act with respect to this Work or labor that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 174

of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of the Bond must not be before the Contract’s Effe ctive Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 175

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 22-103 (the “Project”).

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of D o l l a r s ( $ ) , t h i s
amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of Americ a, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns , successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to t he Work in any Task Order. Surety hereby waives 176

California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

D a t e d :

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: _________________________

By:

Its: _________________________

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of Bond must not be before the Contra ct’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

177
Exhibit A
178
179

SP 1

SPECIAL PROVISIONS

ON-CALL TRAFFIC SIGNAL REPAIRS AND MAINTENANCE SERVICES SPECIFICATION NO. PW 22-103

1000 Scope and Location of Services

The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to repair, maintain, replace, construct, and service traffic signals, detectors, fiber and twisted-pair traffic signal interconnects as requested through Task Order and at locations throughout the City of Oxnard as directed by the Project Manager. Such services may include but are not limited to:

1. Inspect traffic signal equipment and identify required maintenance needs.

2. Repair, maintain, or replace worn, damaged, or potentially faulty components in signal cabinets.

3. Repair, maintain, or replace signal cabinets and/or components that exceed the useful life.

4. Repair, maintain, or replace signal poles, including foundations and standard required underground work.

5. Repair, maintain, or replace broken traffic signal conduits.

6. Repair, maintain, or replace traffic signal wiring.

7. Repair, maintain, or replace traffic signal detector loops.

8. Repair, maintain, or replace video detection equipment.

9. Repair, maintain, or replace fiber and/or twisted pair traffic signal interconnect and conduit. For any fiber activity, Contractor shall be required to provide certification or subcontractor certified to work on fiber optic cables and equipment.

10. Any Work on service pedestals shall include reinstating electrical power to that service pedestal.

11. Provide temporary signaling equipment.

12. Obtain all necessary permits to complete any Task Order.

All Work shall comply with the City of Oxnard Traffic Signal Specifications which may be located at:
https://www.oxnard.org/wp-content/uploads/2022/04/2020-Oxnard-Traffic-Signal- Specifications.pdf

1000-1 Schedule and Response Time

Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid sheets.

Response time by the Contractor shall be as stated below:

1. Non-Scheduled Urgent Repair Work:

Contractor must verbally respond within thirty (30) minutes of telephone notification by the City. Contractor must be on the site within one (1) hour of the notification and begin Work immediately. Urgent repairs are those where public interest and necessity demand 180

SP 2
the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

2. Scheduled Repair and Maintenance Work:

Contractor must verbally respond within four (4) hours of telephone notification by the City.

The scope of Work and schedule shall be mutually agreed to between City staff and contractor before Work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

1000-2 Contractor Requirements

Contractor’s field electricians shall be California Certified Electricians per the Division of Apprenticeship standards. A State certified electrician shall be present during any electrical Work.

1000-3 Payment

All Work will be pre-approved by a Task Order issued by the Project Manager prior to starting Work. Rates for the Work performed under each Task Order shall not exceed the rates specified in the Bid Sheets attached hereto as Exhibit A. The Task Order may include all materials, labor, and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work. A separate invoice is required for each Task Order issued pursuant to the Contract.

Contractor’s markup on the purchase of materials or rental of equipment used for each Task Order shall not exceed fifteen percent (15%) of the Contractor’s costs. If a permit is required to complete any Task Order, then Contractor may invoice for the actual permit cost and Contractor’s mar kup which shall not exceed fifteen percent (15%) for Contractor’s cost to obtain the permit. Contractor is required to itemize hours worked, materials used, and number of hours and type of rented equipment used to complete each Task Order. Contractors invoice shall include such itemizations along with backup evidencing the basis for the fifteen percent (15%) markup on purchased materials, equipment rental and permits.

Contractors hourly rate shall only include time spent at the location of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless pre-approved by the Project Manager and stated in the Task Order.

181

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.1

DATE: June 30, 2022

TO: City Council

FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Resolution of City Council and Oxnard Financing Authority Approving the Issuance of Up to $17,400,000 in Principal of 2022 Local Obligation Revenue Refunding Bonds to Refund the Series 2012 Bonds. (10/5/5)

RECOMMENDATION

That the City Council and City of Oxnard Financing Authority Board approve and authorize the following:

1. Resolution of the City Council of the City of Oxnard approving a first amendment to local agency financing documents and the execution of certain certificates relating to the issuance by the City of Oxnard Financing Authority of refunding revenue bonds for the purpose of refunding its outstanding Series 2012 Bonds.

2. Resolution of the Board of Directors of the City of Oxnard Financing Authority authorizing the sale, issuance, and delivery of not more than $17,400,000 in principal amount of Local Obligation Revenue Refunding Bonds (Special District Bond) and approving certain documents and authorizing certain actions in connection therewith. (Finance and Governance Committee approved 3-0.)
Presentation live upon Consultant's request.

BACKGROUND

In 2012, the City of Oxnard Financing Authority (“Authority” or “City”) issued 2012 Local Obligation Revenue Bonds (“LOIBs”), Series A Senior Lien Bonds and Series B Subordinate Lien Bonds (the “2012A Bonds” and “2012B Bonds,” respectively). The 2012A Bonds had an original par of $19,505,000 and the 2012B Bonds had an original par of $9,060,000. Combined, they have an outstanding balance of $18,765,000. This balance reflects some early prepayments by taxpayers within the underlying Assessment District and Community Facilities Districts. The 2012A and 2012B Bonds were issued to purchase prior obligations that refunded the 2002 Assessment District No. 2001-1 Bonds, 2002 CFD No. 1 Bonds, and 2003 CFD No. 2000-3 Bonds. The 2012A and 2012B Bonds have a final maturity of September 2, 2033, and a first optional redemption of September 2, 2022. The 2012A Bonds have an S&P rating of “A-“. The 2012B Bonds are non-rated.

The City’s financing team recently completed a competitive bidding process and received several bids from national banks. City National Bank (the “Bank”), came in with the most advantageous bid, quoting 3.22% for the refinancing with a 60-day rate lock. This locked rate mitigates interest rate risk since the rate will remain at 3.22% through mid-July regardless of how the underlying market indexes perform during that period.

Refunding Analysis and Structure
Based on the locked interest rate provided by the Bank, the City can refund the 2012A and 2012 Bonds with the 2022 Local Obligation Revenue Refunding Bonds (“2022 Bonds”) to achieve interest rate savings. The annual cash flow 182
savings are estimated to average $350,000 per year from 2023 through 2031. This equates to $1.3 million in net present value savings (over 6.8% of refunded par).

All savings will be credited against the assessment and special tax levies to the benefit of property owners in Assessment District No. 2001-1 (Rice Avenue/Highway 101 Interchange), CFD NO. 1 (Westport at Mandalay Bay), and CFD No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange). The $350,000 average annual savings from 2023 through 2031 represents an annual tax levy reduction of almost 16%.

The 2022 Bonds will preserve the current aggregate structure of the 2012A and 2012B Bonds, with the total debt service escalating at an average of 1% per year. The final maturity on the 2022 Bonds will remain 9/2/2033 (same final maturity as the 2012A/B Bonds).

Relative to the structure of the 2012A and 2012B Bonds, the 2022 Bonds will be sold as one series that refunds both of those prior series. Accordingly, the senior/subordinate structure is no longer needed given the development that has occurred within the Assessment District and Community Facilities Districts since the 2012A and 2012B Bonds were sold.

In the graph below, the blue bars represent the anticipated debt service on the 2022 Bonds, while the orange line represents the combined debt service on the 2012A and 2012B Bonds. The amount by which the orange line is higher than the blue bars represents anticipated annual cashflow savings on the bond payments due from 2023 through 2031.

Summary of Legal Documents
The issuance of the 2022 Bonds will require the Board of the City of Oxnard Financing Authority to approve resolutions and authorize an Indenture of Trust, a Placement Agent Agreement, and Irrevocable Refunding Instructions. The 2022 Bonds also require the City Council to approve the First Amendments to the Local Agency Financing Documents. Those legal documents are briefly summarized below:

Authorizing Resolutions - the Authorizing Resolutions authorize the legal documents and also authorize City staff to execute those legal documents for the 2022 Bonds. It also authorizes City staff to finalize the 2022 Bonds provided the issuance is within not-to-exceed parameters of $17,400,000 principal, 3.25% true interest cost, and a 183
maximum term of 9/2/2033. These not-to-exceed parameters are based on the term sheet provided by the Bank. A refunding with these parameters would result in 6.8% net present value savings, well above the minimum 3% net present value savings minimum identified under the City’s adopted debt management policy.

Indenture of Trust - the Indenture of Trust formalizes the relationship between the City of Oxnard Financing Authority (issuing the 2022 Bonds) and Computershare Trust Company, N.A. as trustee for the 2022 Bonds. The Indenture describes the terms of the 2022 Bonds, including the payment terms and schedule, prepayment options, other covenants related to the 2022 Bonds, and other administrative items.

Placement Agent Agreement – the Placement Agent Agreement between the City and Piper Sandler & Co. (“Piper Sandler”), which is acting as placement agent for the 2022 Bonds. This agreement defines Piper Sandler’s role in placing the 2022 Bonds with the bank and identifies the amount to be paid to Piper Sandler for services provided in that role. This fee is contingent upon a successful closing of the 2022 Bonds.

Irrevocable Refunding Instructions - the Irrevocable Refunding Instructions provide detailed instructions to Computershare Trust Company regarding the process of refunding the 2012A and 2012B Bonds. As such, it details the establishment of required funds, the application of monies toward refunding the 2012A and 2012B Bonds, and logistical items related to required noticing and escrow management for the 2012A and B Bonds.

First Amendment to Local Agency Financing Documents – the First Amendment to Local Agency Financing Documents amends the original 2012 documents to instead refer to the 2022 Bonds and documents. The Authority and underlying special districts and assessment district pledge repayment of the 2022 Bonds just as repayment of the 2012A and 2012B Bonds was originally pledged under the original Local Agency Financing Documents.

Anticipated Timing
If Council and the Financing Authority approve this item, the anticipated schedule for the 2022 Bonds is outlined below:

Timeline Task
Mid-July 2022 Close 2022 Refunding Bonds, funds transferred into escrow September 2, 2022 Refund 2012A and 2012B Bonds

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

The 2022 Bonds are expected to result in approximately $350,000 average annual savings from September 2023 to September 2031. In present value terms, this equals approximately $1.3 million in savings net of all costs of issuing the bonds, including a City fee to compensate the City’s general fund for staff time associated with working on the refunding on behalf of taxpayers.

The savings mentioned here will be enjoyed by taxpayers within Assessment District No. 2001-1 (Rice Avenue/Highway 101 Interchange), CFD NO. 1 (Westport at Mandalay Bay), and CFD No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange). The taxpayers will see these savings starting with fiscal year 2023-24 tax levies.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on May 10, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: NHA Advisors

ATTACHMENTS
184

1. Oxnard 2022 LORBs - Resolution of the City-c1 (1).v2

2. Oxnard 2022 LORBs - Resolution of the Authority-c1 (1).v2

3. Oxnard 2022 LORBs - Irrevocable Refunding Instructions-c1-c1

4. Oxnard 2022 LORBs - Indenture of Trust-c1-c1.v2

5. Oxnard 2022 LORBs - First Amendment to Local Agency Financing Documents-c1-c1

6. (Updated) 2022 LORBs Presentation - 6.30.22 City Council 220603 185
60302.00021\35017658.3
1 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF CITY OF OXNARD APPROVING A FIRST

AMENDMENT TO LOCAL AGENCY FINANCING DOCUMENTS AND THE EXECUTION

OF CERTAIN CERTIFICATES RELATING TO THE ISSUANCE BY THE CITY OF

OXNARD FINANCING AUTHORITY OF REFUNDING REVENUE BONDS FOR THE PURPOSE OF REFUNDING ITS OUTSTANDING SERIES 2012 BONDS
WHEREAS, the City of Oxnard Financing Authority, a joint exercise of powers authority duly organized and existing under the laws of the State of California (the “Authority”), has the authority, among other things, pursuant to the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California) (the “Act”), to incur indebtedness for the purpose of financing and refinancing capital projects of the City; and WHEREAS, the Authority issued its $19,505,000 City of Oxnard Public Financing Authority Local Obligation Revenue Bonds (2012 Special District Bond Refinancings), Series A Senior Lien Bonds (the “Series 2012A Bonds”), and its $9,060,000 City of Oxnard Financing Authority Local Obligation Revenue Bonds (2012 Special District Bond Refinancings), Series B Subordinate Lien Bonds (the “Series 2012B Bonds”, and together with the Series 2012A Bonds, the “Series 2012 Bonds,” for the purpose of acquiring (i) the $11,835,000 City of Oxnard Assessment District No. 2001-1 (Rice Avenue/Highway 101 Interchange) Limited Obligation Improvement Refunding Bonds, Series 2012 (the “AD Bonds”), (ii) the $8,750,000 Community Facilities District No. 1 (Westport at Mandalay Bay) of the City of Oxnard 2012 Special Tax Refunding Bonds (the “CFD No. 1 Bonds”), and (iii) the $7,980,000 City of Oxnard Community Facilities District No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange) Special Tax Refunding Bonds, Series 2012 (the “CFD No. 2000-3 Bonds” and, together with the AD Bonds and the CFD No. 1 Bonds, the “Acquired Obligations”) issued by the City, CFD No. 1, and CFD No. 2000-3, respectively, to refund certain Assessment District, CFD No. 1, and CFD No. 2000- 3 bond issues, the Authority has determined to issue its 2022 Local Obligation Revenue Refunding Bonds (Special District Bond) (the “2022 Authority Bonds”); and WHEREAS, as part of the issuance of the Series 2012 Bonds, and to secure the repayment thereof, the Authority purchased and acquired, among other special tax bonds, the Acquired Obligations, pursuant to the provisions of the Bond Law, the Mello-Roos Act and separate Fiscal Agent Agreements, each dated as of August 1, 2012, by and between the City or respective CFD and Computershare Trust Company, N.A., as successor in interest to Wells Fargo Bank, N.A. (the “Bank”), as fiscal agent (the “Fiscal Agent Agreements”) (collectively, the “Local Agency Financing Documents”); and
WHEREAS, pursuant to the Indenture of Trust for the 2022 Authority Bonds, the 2022 Authority Bonds will be secured by the same pledge of funds derived from the Acquired Obligations and Local Agency Financing Documents, defined below, which Acquired Obligations will remain outstanding and in the ownership and possession of the Authority, held through the Bank, as trustee, and will not be re-issued or refunded; and 186
60302.00021\35017658.3
Resolution No. _____