Agenda packet — Oxnard City Council, July 28, 2022 (part 1 of 3)

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 July 28, 2022
Closed Session - 4:30 PM
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: 859 5465 7558

3. Passcode: 537206
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/citymeetings. *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
Closed Session Item #2 - Removed
Item H.2 - Added Attachments, Reports Items # M.1 and #M.3 - Added (Attachment #4 - Revised)

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 28, 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, Community Development Commission Successor Agency, and Oxnard Housing Authority B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one potential case regarding the claim filed by Jason Corona to recover costs of removing a tree from his property.

Legislative Body: City Council
D. APPOINTMENT ITEMS (5:30 PM)

1. SUBJECT: Presentation by Mixteco Indigena Community Organizing Project (MICOP) on the Mixteco/Indigenous migrant community in Oxnard.

E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. 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.

G. 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 Director Orders Regarding the Water Shortage Emergency and Mandatory Water Conservation Measures. 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 28, 2022 PAGE 3
RECOMMENDATION: That the City Council :

1. Adopt a resolution confirming the need to continue the local emergency declared on May 17, 2022 due to water shortage emergency conditions;

2. Ratify director orders, if any, modifying mandatory water conservation measures; and

3. Authorize the Mayor and the Chair of the Public Works and Transportation Committee to sign letters to regional water agencies regarding drought related issues on the City Council's behalf.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
H. 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.

1. City Manager Department
SUBJECT: Appointment of Member to Serve on the City's Cultural Arts Commission.

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Teodoro Lopez to the Cultural Arts Commission to represent District 1.

Please click the following link to view the required Measure M pre-recorded presentation video:https://youtu.be/z3H-gsOW-v4
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487

2. Human Resources Department
SUBJECT: Amendments to City Manager and City Attorney Employment Agreements.

RECOMMENDATION: That the City Council:

1. Adopt a Resolution approving and authorizing the Mayor to execute the Second Amendment to the employment agreement (No. A-8087) between the City and City Manager Alexander Nguyen to 1) provide a salary increase of 12% ($34,200), and 2) to extend the term of his contract by 5 years to July 8, 2029, with no built-in raises for the extension.

2. Adopt a Resolution approving and authorizing the Mayor to execute the Third Amendment to the employment agreement (No. A-7880) between the City and City Attorney Stephen Fischer to 1) provide a salary increase of 10% ($24,853), 2) to extend the term of his contract by 4 years to July 8, 2027, subject to base salary increases for Executive Employees established by City Council resolution, and 3) modify severance upon termination from 6 month’s salary paid monthly with benefits to 9 month’s salary paid as a lump sum.

3. Adopt a Resolution of the City Council of the City of Oxnard amending Resolution No. 15,594 authorizing and approving classification and salary schedules pursuant to Chapter 4 of the City Personnel Rules and Regulations.

Legislative Body: City Council
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Contact: Steve Naveau, (805) 385-7947
I. 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.

J. 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.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 21, 2022 regular meeting as presented.

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

2. Police Department
SUBJECT: Office of Traffic Safety STEP Grant.

RECOMMENDATION: That the City Council adopt a resolution authorizing:

1. The City Manager to apply for $500,000 in grant funds from the State of California, Office of Traffic Safety (OTS), to be used for the FY 2022-2023 Selective Traffic Enforcement Program (S.T.E.P.);

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of grant award;

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for use of OTS funds; and

4. The Chief of Police or designee to submit all program related progress or status reports.

Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

3. Public Works Department
SUBJECT: Agreement A-8489 to JTEC Corporation for Community Center Park East Restroom Project, Specification No. PW 22-116.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $354,600 in Project funds for the Community Center Park East Restroom Project, Specification No. PW 22-116 (No. 185701):

1. The Mayor to execute Agreement A-8489 with JTEC Corporation in the amount of $295,500 for the Project;

2. A Project contingency amount of $29,550 for the Project; and

3. A Project allocation amount of $29,550 for engineering, inspection, survey and project management for the Project.
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This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Police Department
SUBJECT: Resolution Commending Robin Whitney for over Twenty-Seven Years of Outstanding Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a resolution commending Robin Whitney for over Twenty-Seven Years of Service to the City of Oxnard Police Department.

Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

5. Information Technology Department
SUBJECT: Infrastructure Investment and Jobs Act (IIJA) Grant Application.

RECOMMENDATION: That City Council adopt a resolution authorizing:

1. The submittal of a grant application to the Federal Emergency Management Agency (FEMA) for a $500,000 grant funding, subject to use of City matching funds, through the Infrastructure Investment and Jobs Act (IIJA) for the purpose of investing in cybersecurity technology for systems used throughout the City;

2. The City Manager or Chief Information Officer, to execute all grant documents, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project for an amount not to exceed $500,000 in State of California IIJA cybersecurity grant funds;

3. The Chief Financial Officer to submit financial reports and grant claims and approve special budget appropriations for use of grant funds; and

4. The Chief Information Officer to submit non-financial reports.

Please click the following link to view the required Measure M pre-recorded presentation video:

Legislative Body: City Council
Contact: Helen Miller, (805)385-7446

6. Public Works Department
SUBJECT: Response to Grand Jury Report titled, "Cybersecurity of Water Providers in Ventura County."
RECOMMENDATION: That the City Council shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the Council's control related to the Ventura County Grand Jury Report "Cybersecurity of Water Providers in Ventura County" dated June 6, 2022, and that the Mayor shall also comment on the findings and recommendations, through the form titled "Response to the Grand Jury Report Form.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
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7. Finance Department
SUBJECT: Approval of Four Annual Citywide Blanket Purchase Orders with amounts greater than $200,000 each.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Blanket Purchase Orders with Amazon Business for $300,000, Grainger, Inc. for $250,000, Office Depot for $225,000, and Tri-County Office Furniture for $250,000, each utilizing competitively bid and awarded cooperative agreements for daily operations for a period of July 1, 2022, to June 30, 2023.
(Finance and Governance Committee approved 3-0.)
Legislative Body: City Council
Contact: Betsy George, (805) 200-5400

8. Human Resources Department
SUBJECT: Second Amendments to Gallagher Benefit Services Agreements for Recruitment, Classification and Market Study.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute the Second Amendment to Agreement Number 9109-21-HR with Gallagher Benefit Services for services related to classification and market study for an increase of $75,000 for a total contract amount not to exceed $150,000 and extending the agreement to December 31, 2022; and

2. Approve and authorize the Mayor to execute the Second Amendment to Agreement Number 9338-21-HR with Gallagher Benefit Services for recruitment services for an increase of $100,000 for a total contract amount not to exceed $200,000 and extending the agreement to June 30, 2023.

Contact: Steve Naveau, (805) 385-7947

9. City Attorney Department
SUBJECT: Adoption of Single-use Foodware Accessories and Standard Condiments Ordinance No. 3017.

RECOMMENDATION: That the City Council adopt Ordinance No. 3017 titled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO RESTRICT THE DISTRIBUTION OF SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS”
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
L. PUBLIC HEARINGS

1. City Manager Department
SUBJECT: Successor Agency and Many Mansions Purchase and Sale Agreement for 538 Meta Street for $1. (0/10/10)
RECOMMENDATION: That the Oxnard Community Development Commission Successor Agency adopt a Resolution titled “A Resolution of The Governing Board of The Oxnard Community Development Commission Successor Agency, Approving, and Recommending to The Ventura County Consolidated Oversight Board Approval of: (1) Entry By The Oxnard Community Development Commission Successor Agency Into a Proposed Purchase and Sale Agreement With Many Mansions; (2) A Grant Deed to Effectuate Said Purchase and Sale of Real 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 28, 2022 PAGE 7
Property; (3) The Remittance of the Net Purchase Price Proceeds Received By the Oxnard Community Development Commission Successor Agency After Close of Escrow to The Ventura County Auditor-Controller For Disposition to Taxing Entities; and (4) Related Actions.” That the City Council:

1. Conduct a public hearing and consider the Summary Report prepared pursuant to California Health and Safety Code section 33433; and

2. Adopt a Resolution titled “A Resolution Of The City Council Of The City Of Oxnard (1) Making Findings And Taking Action Pursuant To The Provisions Of California Health And Safety Code Sections 33431 And 33433; (2) Approving: (A) The Sale And Transfer Of Certain Real Property From The Oxnard Community Development Commission Successor Agency To Many Mansions; (B) Entry By The Oxnard Community Development Commission Successor Agency And Many Mansions Into A Proposed Purchase And Sale Agreement; and (C) A Grant Deed To Effectuate Said Purchase And Sale Of Real Property; and (3) Approving Related Actions.” Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Irh1SWJ6S9A
Legislative Body: City Council, Oxnard Community Development Commission Successor Agency Contact: Ashley Golden, (805) 385-7478

2. Community Development Department
SUBJECT: Utility Easement Vacation; Planning and Zoning (PZ) Permit No. 22-660-01- A Resolution to vacate a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet located at 2700 and 2750 North Ventura Road, Oxnard, CA 93033 (APN 132-0-100- 095 & 132-0-100-085). (0/5/5)
RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

3. Adopt a Resolution to vacate its right, title and interest in a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet.

4. Authorize the Mayor to sign a Quitclaim Deed releasing City authority and/or rights to the access utility easement at such time that the appeal of the Fore Apartments project has been resolved in a manner that would allow the Fore Apartments project to move forward as proposed.
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/6LanPFAEOoM
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882

3. Community Development Department
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 28, 2022 PAGE 8
SUBJECT: Subdivision of a 1.78 acre lot into two lots totaling 0.79 acre and 0.99 acre, located at 1600 Ives Avenue (APNs: 220-0-274-015, -025, -095). Filed by Hassan Amirsadeghi on behalf of the Philippine Center of Ventura County, property owner, 1600 Ives Avenue, Oxnard, California 93033. (0/5/5)
RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Infill Development); and

3. Adopt a Resolution approving Planning and Zoning Permit No. 21-300-04 for a tentative parcel map, subject to certain findings and conditions. (This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/u2SFbTU7KR8
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
M. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Monthly Investment Report for the Period Ending June 30, 2022. (0/5/5)
RECOMMENDATION: That the City Council receive and file the report.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/h5xi2ity6QU
Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808

2. Human Resources Department
SUBJECT: Memoranda of Understanding - Employee Bargaining Units. (0/10/5) RECOMMENDATION: That the City Council of the City of Oxnard adopt the following Resolutions:

1. A Resolution of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the International Union of Operating Engineers and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

2. A Resolution of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the Service Employees International Union and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

3. A Resolution of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the Oxnard Peace Officers Association and 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

4. A Resolution of the City Council of the City of Oxnard approving the benefits for the Executive and Unrepresented employees and authorizing the City Manager or designee to take the necessary administrative actions to implement the Resolution,

5. A Resolution of the City Council of the City of Oxnard amending Resolution number 15,594 authorizing and approving the classification and salary schedule pursuant to Chapter 4 of the City Personnel Rules and Regulations, and

6. A Resolution of the City Council of the City of Oxnard amending Resolution number 15,593 authorizing full time equivalent positions pursuant to Chapter 4 of the City Personnel Rules and Regulations.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/uRNXuzyY270
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

3. Human Resources Department
SUBJECT: Memorandum of Understanding - Oxnard Mid-Managers Association. (0/10/5) RECOMMENDATION: That the City Council of the City of Oxnard adopt the following resolutions:

1. A Resolution of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the Oxnard MidManagers Association and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

2. A Resolution of the City Council of the City of Oxnard amending Resolution number 15,594 authorizing and approving the classification and salary schedule pursuant to Chapter 4 of the City Personnel Rules and Regulations, and

3. A Resolution of the City Council of the City of Oxnard amending Resolution number 15,593 authorizing full time equivalent positions pursuant to Chapter 4 of the City Personnel Rules and Regulations.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/NW7_cfE6Uxo
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

4. City Manager Department
SUBJECT: Reconsideration of Successor Agency and Oxnard Housing Authority Properties in the Meta Street Area. (0/10/10)
RECOMMENDATION: 1. That the Board of Commissioners of the Housing Authority of the City of Oxnard upholds their October 5, 2021, decision to enter into a Purchase and Sale Agreement with the Oxnard Community Development Commission Successor Agency for property located on 6th and 7th streets adjacent to Meta Street (APNs 201-0-213-140, 201-0-272-030, 201-0-272-020, and 201-0-213-130).

2. That the Oxnard Community Development Commission Successor Agency:
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i. Upholds their October 5, 2021, decision to enter into a Purchase and Sale Agreement with the Housing Authority of the City of Oxnard for property located on 6th and 7th streets adjacent to Meta Street (APNs 201-0-213-140, 201-0-272-030, 201-0-272-020, and 201-0- 213-130);
ii. If the October 5, 2021 decision is not upheld, provide direction to staff to return to Committee to consider the parcels as either:
a. “Exempt Surplus Land” subject to the agency’s use and transfer ownership to the City of Oxnard in exchange for the price identified on the Long Range Property Management Plan; or
b. “Surplus Land” subject to future affordable housing construction through the California Department of Housing and Community Development. iii. Provide direction to staff to return to Committee to consider two (2) Successor Agencyowned properties (APNs 201-0-272-170, 201-0-272-200) as either:
a. “Exempt Surplus Land” subject to the agency’s use and transfer ownership to the City of Oxnard in exchange for the price identified on the Long Range Property Management Plan; or
b. “Surplus Land” subject to future affordable housing construction through the California Department of Housing and Community Development.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Mytm7lQqo10
Legislative Body: City Council, Community Development Commission Successor Agency, and Oxnard Housing Authority
Contact: Ashley Golden, (805) 385-7478

5. City Manager Department
SUBJECT: Third Amendment with Kreative Core Technologies Corp (9431-21-FN) for ERP Project Management Services. (0/10/5)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $1,700,000 for a new not to exceed contract amount of $2,600,000 and to extend the term to December 31, 2023, for Project Management Services related to the Enterprise Resource Planning (ERP) implementation.
(Finance and Governance Committee approved 3-0.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5S9LoQCCflY
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487

6. Public Works Department
SUBJECT: Agreement A-8487 with Unlimited Engineering Contracting Inc. for Thompson Park, Johnson Creek Park and Sierra Linda Park Improvements Project, Specification No. PW 22-100. (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the following for a total of 10 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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$1,021,068.00 in Project funds for the Thompson Park, Johnson Creek Park and Sierra Linda Park Improvements Project, Specification No. PW 22-100 (Project Nos. 215706 & 225704):

1. The Mayor to execute Agreement A-8487 with Unlimited Engineering Contracting Inc. in the amount of $850,890 for the Project;

2. A Project contingency amount of $85,089 for the Project; and

3. A Project allocation amount of $85,089 for engineering, inspection, survey and project management for the Project.

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-EflrM2BnPg
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Public Works Department
SUBJECT: Additional Appropriations for Fiscal Year 2021-22 in the Golf Enterprise Fund. (0/10/5)
RECOMMENDATION: That the City Council approve and authorize the recognition of additional golf course revenues in the amount of $1,197,450 and appropriate an amount not to exceed $778,352 for FY 2021-22 in the Golf Enterprise Fund (651).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/r9D2oaeKcjA
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
N. ADJOURNMENT
11 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. G.1
DATE: July 28, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Reconsideration of Local Emergency and Ratification of Director Orders Regarding the Water Shortage Emergency and Mandatory Water Conservation Measures.

RECOMMENDATION
That the City Council :

1. Adopt a resolution confirming the need to continue the local emergency declared on May 17, 2022 due to water shortage emergency conditions;

2. Ratify director orders, if any, modifying mandatory water conservation measures; and

3. Authorize the Mayor and the Chair of the Public Works and Transportation Committee to sign letters to regional water agencies regarding drought related issues on the City Council's behalf.

BACKGROUND
On May 17, 2022, the City Council adopted a resolution proclaiming a local emergency due to water shortage emergency conditions, and adopted a resolution establishing new mandatory conservation measures.

On June 30, 2022, the City Council adopted a resolution ratifying an order issued by the Director of Emergency Services pertaining to the local emergency, and confirming the need to continue the local emergency pursuant to Government Code Section 8630(c).

By adopting the resolution attached to this staff report, the City Council would once again confirm the need to continue the local emergency. If Council adopts the resolution, staff will return to the Council within 60 days of adoption for reconsideration of the emergency.

Information related to the drought continues to change. Because of this, the City needs the ability to respond to these changes in a timely manner. The recommendation to allow the Mayor and Chair of the Public Works and Transportation Committee to sign letters related to the drought during the local emergency provides the City with the ability to do so.

At the time this agenda was posted, the Director of Emergency Services had not issued any director orders for Council ratification.

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
12 There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS

1. Resolution Continuing Water Shortage Local Emergency_ July 28_2022 13 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

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, on June 30, 2022, the City Council adopted a resolution ratifying mandatory water conservation measures, and confirming the need to continue the local emergency declared on May 17, 2022; 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.

NOW, THEREFORE, the City Council of the City of Oxnard resolves that the local emergency declared on May 17, 2022 due to drought conditions and lack of adequate water supply shall remain in effect.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
14 ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
15 CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1
DATE: July 28, 2022
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Appointment of Member to Serve on the City's Cultural Arts Commission.

RECOMMENDATION
That the Mayor, with the approval of the City Council, appoint Teodoro Lopez to the Cultural Arts Commission to represent District 1.

Please click the following link to view the required Measure M pre-recorded presentation video:https://youtu.be/z3HgsOW-v4

BACKGROUND
Oxnard City Code section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council Member congruent with his or her term in office.

DISCUSSION
The Cultural Arts Commission (CAC) advises on all matters related to cultural arts, including public art, in the City. The CAC is composed of seven members, all of whom must reside in the City and be at least eighteen years of age. For this purpose, Councilmember Perello nominates Teodoro Lopez, who has passed the City's formal background check procedures, to represent District 1.

Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City's commissions, committees and boards.

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.
16 Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Cultural Arts Commission Appointment Presentation
17 Samantha Shapiro, Project Manager
Appointment of Member to Serve
on the City’s Cultural Arts
Commission
City Council
July 28, 2022
18 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, appoint Teodoro Lopez to the Cultural Arts Commission to represent District 1.
19 3

CULTURAL ARTS COMMISSION
Function Advises on all matters related to cultural arts,including public art,in the City.

Requirements •7 members
•Resident of the City
•Must be at least 18 years of age
Nomination Councilmember Perello nominatesTeodoro Lopez (D1) 20 THE END
4 21

CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.2
DATE: July 28, 2022
TO: City Council
FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected] SUBJECT: Amendments to City Manager and City Attorney Employment Agreements.

RECOMMENDATION
That the City Council:

BACKGROUND
On October 6, 2020 the City Council approved the First Amendment to the City Manager’s employment agreement. That amendment made some minor adjustments to the original agreement and extended the contract through July 8, 2024. Mr.

Nguyen did not request nor receive a raise over the last four years.

On October 6, 2020 the City Council approved the Second Amendment to the City Attorney’s employment agreement.

That amendment updated the reference in the original agreement to the Executive Employee resolution and extended the agreement through April 8, 2023. Mr. Fischer has not requested nor received a merit increase over the last five years.

DISCUSSION
The City Council recently completed City Manager Nguyen’s 2022 performance evaluation. Mr. Nguyen has not received a salary increase since his original appointment as City Manager in 2018, due to the City’s economic hardships at the time, which the City has recently overcome. In acknowledgement of his performance and leadership, the Council desires to provide Mr. Nguyen with a 12% increase to his base salary, and to extend Mr. Nguyen’s employment agreement by an additional five (5) years, through July 8, 2029, with no built-in raises for the extension. This new amendment provides for a 12% raise and extends the expiration of the contract by five (5) years to a new date of July 8, 2029.

The City Council also recently completed City Attorney Fischer’s 2022 performance evaluation. Mr. Fischer has received 22 minimum base salary increases for satisfactory performance as provided for Executive Employees by Council resolution (which brings his current salary to $248,524), but has not received a merit increase since 2017. Based on performance and leadership, the Council desires to provide Mr. Fischer a 10% increase to his base salary, and to extend his employment agreement four years (4) years, through July 8, 2027, subject to base salary increases for Executive Employees established by City Council resolution. This new amendment provides for a 10% raise, extends the expiration of the contract by four (4) years to a new date of July 8, 2027, and revises the severance provision from six (6) month’s salary payable monthly plus benefits to a cash payment of nine (9) month’s salary.

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 increased cost for the City Manager's increase in base salary is approximately $39,491.

The increased cost for the City Attorney's increase in base salary is approximately $33,265.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Steve Naveau, Human Resources Director

ATTACHMENTS

1. Alexander Nguyen's Proposed 2022 Resolution and Amendment

2. Alexander Nguyen's previous agreement and amendment

3. Stephen Fischer's Proposed 2022 Resolution and Amendment

4. Stephen Fischer's previous agreement and amendments

5. City Manager/ City Attorney Salary Resolution
23 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OXNARD AND ALEXANDER T. NGUYEN (AGREEMENT NO. A-8087)
WHEREAS, the Oxnard City Code provides for the retention of a City Manager by the City Council and establishes certain powers, duties, and guidelines with respect to the position of City Manager; and WHEREAS, Mr. Nguyen has served as City Manager since July 9, 2018; and WHEREAS, the City Council has conducted its annual evaluation of Mr. Nguyen’s performance pursuant to Section 10 of Agreement No. A-8087; and
WHEREAS, Mr. Nguyen has not received a salary increase since his original appointment as City Manager due to economic hardships which the City has, with Mr. Nguyen’s leadership, overcome and in acknowledgement of his leadership the Council desires to provide Mr. Nguyen with a 12% ($34,200) increase to his base salary; and
WHEREAS, the City Council and Mr. Nguyen desire to extend the term of the employment agreement for an additional five years, without built-in raises.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to increase Mr. Nguyen’s base rate of pay by 12%, and to extend the term of the Employment Agreement No. A-8087 to July 8, 2029 and to modify said Agreement as set forth in the Second Amendment attached hereto as Exhibit A.

PASSED AND ADOPTED this 28th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen Fischer, City Attorney
24 EXHIBIT A
Agreement No. A-8087

SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN CITY OF OXNARD AND ALEXANDER T. NGUYEN
This Second Amendment (“Second Amendment”) to the Employment Agreement between City of Oxnard and Alexander T. Nguyen (“Agreement”) is made and entered into in the County of Ventura, State of California, this 28th day of July, 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Alexander T. Ngyuen (“Nguyen”). This Second Amendment amends the Agreement entered into on June 19, 2018, by City and Nguyen. The Agreement was previously amended on October 6, 2020 by a First Amendment.

WHEREAS, following City Council’s evaluation of Nguyen’s performance pursuant to Section 10 of the Agreement, the City Council and Nguyen desire to extend the term of the Agreement and modify certain provisions of the Agreement.

NOW, THEREFORE, the City and Nguyen agree as follows:

1. In Section 1 of the Agreement, the date “July 8, 2024” is replaced with “July 8, 2029”.

2. In Section 5.A of the Agreement, the base annual salary of $285,000 is increased to $319,200 (three hundred nineteen thousand and two hundred dollars), effective August 6, 2022.

3. The first paragraph of Section 10 of the Agreement (“Regular Evaluation and Incentive Compensation”) is amended to read as follows:
“City agrees to conduct mandatory annual performance evaluations in the month of July each year, utilizing the evaluation tool attached hereto as Exhibit “A”, which shall be subject to modification upon mutual agreement of the parties. Said evaluation shall be private and confidential, and the results shall be summarized and discussed in closed session, to the extent permitted by law, or through some other mutually acceptable closed format. Both parties agree the primary purpose of the evaluation is to facilitate open and honest discussion, define goals and expectations, identify strengths and areas of weaknesses and areas of improvement, and to provide Nguyen the opportunity to take affirmative action to address weaknesses and areas needing improvement. Additional interim evaluations may be initiated by either party to maintain open communications regarding Nguyen’s performance. Should the Council fail to timely organize or otherwise hold the annual performance evaluation, for any reason at all, Nguyen will automatically be granted a 2% increase for that year.”

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
25 IN WITNESS WHEREOF, the parties hereto have executed the Third Amendment on the date first written above.

CITY OF OXNARD ALEXANDER T. NGUYEN
______________________________ _________________________ John C. Zaragoza, Mayor Date Alexander T. Nguyen Date
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen Fischer, City Attorney
26 27
28 29
30 31
32 33
34 35
36 37

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING THE

AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN CITY OF OXNARD AND STEPHEN M. FISCHER (AGREEMENT NO. A-7880)
WHEREAS, the Oxnard City Code provides for the retention of a City Attorney by the City Council and establishes certain powers, duties, and guidelines with respect to the position of City Attorney; and WHEREAS, Mr. Fischer has served as City Attorney since April 5, 2016; and WHEREAS, following City Council’s evaluation of Mr. Fischer’s performance pursuant to Section 10 of Agreement No. A-7880, the City Council and Mr. Fischer desire to extend the term of the employment agreement and modify certain provisions of said Agreement; and
WHEREAS, Mr. Fischer has not received a merit increase since 2017, and in recognition of Mr. Fischer’s performance and leadership as City Attorney, the City Council desires to provide Mr. Fischer with a 10% increase to his base salary and modify the severance upon termination provision of Agreement No. A-7880.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to extend the term of Agreement No.

A-7880 to July 8, 2027, to modify said Agreement as set forth in the Third Amendment attached hereto as Exhibit A, increase Mr. Fischer’s base rate of pay by 10%, and authorize the Mayor to execute said Third Amendment.

PASSED AND ADOPTED this 28th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Kenneth Rozell, Chief Assistant City Attorney
38 EXHIBIT A
Agreement No. A-7880

THIRD AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN CITY OF OXNARD AND STEPHEN M. FISCHER
This Third Amendment (“Third Amendment”) to the Amended and Restated Employment Agreement between City of Oxnard and Stephen M. Fischer (“Agreement”) is made and entered into in the County of Ventura, State of California, this 28th day of July, 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Stephen M. Fischer (“Fischer”). This Third Amendment amends the Agreement entered into on April 5, 2016, which was amended and restated on September 26, 2017, by City and Fischer.

The Agreement was previously amended on April 16, 2019, by a First Amendment and on October 6, 2020, by a Second Amendment.

WHEREAS, following City Council’s evaluation of Fischer’s performance pursuant to Section 10 of the Agreement, the City Council and Fischer desire to extend the term of the Agreement and modify certain provisions of the Agreement.

NOW, THEREFORE, the City and Fischer agree as follows:

1. In Section 1 of the Agreement, the date “April 8, 2023,” is replaced with “July 8, 2027.”

2. Subsection A of Section 5 of the Agreement is amended to read as follows:
“City agrees to compensate Fischer for his services at a base annual salary of $273,377 (two hundred seventy-three thousand three hundred seventy-seven dollars) effective August 6, 2022, subject to base salary increases for Executive Employees established by City Council resolution.”

3. Section 15 of the Agreement is amended to delete subsections B. and C. thereto, and adding a new subsection B to read as follows:
"B. Fischer shall be entitled to a cash payment of compensation equal to nine (9) month's annual salary ("Severance Pay"), if Fischer is terminated without cause. Notwithstanding the above, if Fischer is terminated, the maximum Severance Pay that Fischer may receive shall be an amount equal to Fischer's monthly salary multiplied by the number of months left on the unexpired term of this Agreement, in accordance with Article 3.5 (commencing with Section 53260) of Chapter 2 of Part 1 of Division 2 of Title 5 of the California Government Code. Pursuant to California Government Code Section 53243.2, any Severance Pay paid to Fischer under this paragraph shall be fully reimbursed by Fischer to the City if Fischer is convicted of a crime involving an abuse of his office or position, including as set forth in California Government Code Section 53243.4."

4. Subsection D of Section 15 is redesignated subsection C.

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
39 IN WITNESS WHEREOF, the parties hereto have executed the Third Amendment on the date first written above.

CITY OF OXNARD STEPHEN M. FISCHER
______________________________ _________________________ John C. Zaragoza, Mayor Date Stephen M. Fischer Date
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Kenneth Rozell, Chief Assistant City Attorney
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING RESOLUTION NO. 15,594 AUTHORIZING AND APPROVING CLASSIFICATION AND SALARY SCHEDULES PURSUANT TO CHAPTER 4

OF THE CITY PERSONNEL RULES AND REGULATIONS
WHEREAS, Chapter 4, Article 4.5 of the City of Oxnard Personnel Rules and Regulations requires that the City of Oxnard classification listing all classes of positions in the general city service be established by resolution of the City Council; and,
WHEREAS, Chapter 4, Article 4.9 of the City of Oxnard Personnel Rules and Regulations requires City Council approval to establish a new classification title and salary range or to modify a salary range for an existing classification.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to amend Exhibit “A” of Resolution No. 15,594 in accordance with Chapter 4, Articles 4.5, 4.7, 4.8 and 4.9 of the City of Oxnard Personnel Rules and Regulations, by modifying the salary ranges as follows:

Classification Annual Salary Range
City Manager $265,000 - $325,000
City Attorney $227,435 - $278,960
PASSED AND ADOPTED this 28th day of July 2022, by the following vote:

YES:

NOES:

ABSENT:

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

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: July 28, 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 June 21, 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 06 21 2022 CC Regular Meeting
58 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
June 21, 2022
A. ROLL CALL, POSTING OF AGENDA
At 5:00 p.m., Mayor John C. Zaragoza 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 Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Basua was absent.

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

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Samantha Shapiro, Project Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Marc Amon, Police Commander; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Tatiana B. Arnaout, P.E., City Engineer; Eric L. Storrie, Special Districts Manager; Vyto Adomaitis, Community Development Director; Joe Pearson II, AICP, Senior Planner; Steve Naveau, Human Resources Director; Betsy George, Chief Financial Officer; Emilio Ramirez, Housing Director; Albert Ramirez, Assistant Housing Director; Helen Miller, Chief Information Officer; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; Terrel Harrison, Cultural & Community Services Director; and Rose Chaparro, City Clerk.

Staff members Denise Shadinger, Assistant Chief of Police; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; and Tatiana B. Arnaout, P.E., City Engineer; participated via videoconference.

Jackie Rose, Director; Donna Gillesby, Deputy Director; and Phil Rarick, Director of Administrative Services with the Ventura County Animal Services; Andrew Fogg with Cox Castle; and Ann Walsh, Director of Development with Shea Properties; also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. All Persons Interested in the Matter of the Issuance and Sale of Bonds for the Purpose of Refunding Certain Obligations Owed by the City of Oxnard to the Public Employees’ Retirement System Under the Public Employees’ Retirement Law, and all Proceedings Leading Thereto, Including the Adoption of Resolution No. 15,543 of the City Council of the City of Oxnard Authorizing the Issuance and Sale of Such Bonds and Authorizing the Execution and Delivery of a Trust Agreement and Related Documents.
59 June 21, 2022 OXNARD CITY COUNCIL PAGE 2
Ventura County Superior Court, Case No. 56-2022-00563903-CU-MC-VTA Legislative Body: City Council
At 5:02 p.m., the City Council recessed to a closed session. At 6:01 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions out of closed session.

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

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Commendation to Oxnard High School Boys Varsity Basketball Team.

Mayor Zaragoza read the proclamation and presented it to Coach Mark Cordes and Principal Richard Ramirez. Council congratulated the Oxnard High School Boys Varsity Basketball Team members for their achievements. The students were the winners of the 34th Annual CIF Southern Section @SoCaliFord Academic Awards and participated in the 2022 CIF Southern Section Boys' Basketball Championships (California). The team members were presented with certificates.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Larry Stein (water system/potable water), Cyndi Hookstra (signed petition for speeding, parking problems, and safety on Glenwood Drive and general area), Jerald Huffman (Oxnard Shores, submitted building permits, Planning staff non-responsive/rules changing), Luciano Morales (GoGo electric personal transportation), PW Robinson (Ventura County homeless deaths), and Marisa Martinez (behavioral health/mental health crisis).

G. REPORT OF CITY MANAGER

1. City Manager Department
SUBJECT: Ratification of Director Orders regarding the water shortage emergency and mandatory water conservation measures.

RECOMMENDATION: That the City Council adopt a resolution ratifying orders issued by the Director in response to the previously proclaimed water shortage emergency and mandatory water conservation measures.

Alexander Nguyen, City Manager provided a Covid-19 pandemic vaccine update. The City will be ending the two-year late fee suspension. A reminder that all fireworks are illegal. Mr. Nguyen also announced the upcoming South Oxnard Aquatics Center Community Meetings scheduled for Wednesday, June 29 and Monday, August 1, 2022, both meetings start at 6:00 p.m., to receive public input. Michael Wolfe, Public Works Director provided an update on the California drought conditions and the new regulations. The winners of the Student Art Contest Winners.

Public comments were received from Lawrence Stein (water shortage crisis). 60 June 21, 2022 OXNARD CITY COUNCIL PAGE 3
H. CITY COUNCIL REPORTS

1. City Manager Department
SUBJECT: Appointment of Member to Serve on the City's Measure O Citizen Oversight Committee. (0/5/5)

RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointment to the Measure O Citizen Oversight Committee: Noemi Valdes. (This item did not originate in Committee.)
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-13 were discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Lawrence Stein (K-10).

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 3, 2022 regular meeting and the April 13, 2022 and April 27, 2022 special meetings as presented.

2. Fire Department
SUBJECT: Purchase Order with Motorola for $777,385.26 for 73 Radios.

RECOMMENDATION: That the City Council authorize the Mayor to sign a Purchase Order with Motorola Solutions in the amount of $777,385.26 for the purchase of thirty-three (33) APX 8500 allband mobile radios and forty (40) APX 8000 all-band portable radios with spare batteries and remote speaker microphones.
(Community Services, Public Safety, Housing & Development Committee approved 3-0.)

3. City Manager Department
SUBJECT: Updates to Citizen Advisory Group (CAG) Bylaws and Efforts to Develop Effective and Efficient Processes for CAGs.

RECOMMENDATION: That the City Council adopt Resolution #15,589:

1. Establishing uniform CAG bylaws; and

2. Repealing previous CAG bylaws.
61 June 21, 2022 OXNARD CITY COUNCIL PAGE 4
(The Finance and Governance Committee approved 2-0.)

4. Police Department
SUBJECT: Ventura County Animal Services Agreement.

RECOMMENDATION: That the City Council approve a budget appropriation with a total cost projection in the amount of $2,156,159 and authorize the City Manager to sign a Service Level Request for FY 22-23 for the third year of a five-year agreement (A-8151) with the County of Ventura to provide animal safety services.
(The Community Services, Public Safety, and Economic Development Committee approved 3-0.)

5. Police Department
SUBJECT: CHP Cannabis Grant.

RECOMMENDATION: That the City Council adopt Resolution #15,590 authorizing:

1. The City Manager to apply for $394,147.00 in grant funds from the California Highway Patrol (CHP) to be used for the FY 22-23 CHP Cannabis Grant.

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of the grant award.

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of CHP Cannabis grant funds.

4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)

6. Public Works Department
SUBJECT: Second Amendment to Lease Agreement A-6480 with Union Pacific Railroad Company.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Lease Agreement A-6480 for five (5) years from the effective date of this Second Amendment with Union Pacific Railroad Company (Union Pacific) for the lease of City property at 255 and 273 East Fifth Street.
(This item did not originate in Committee.)

7. Housing Department
SUBJECT: Authorize the Assessment and Collection of Fees within the Oxnard Downtown Management District for Fiscal Year 2022-23.

RECOMMENDATION: That the City Council adopt Resolution #15,591 authorizing the assessment and collection of fees within the Oxnard Downtown Management District (the "District") for Fiscal Year (FY) 2022-23.
(This item did not originate in Committee.)

8. Housing Department
SUBJECT: Housing Authority Low Rent Public Housing and Housing Choice Voucher Program 62 June 21, 2022 OXNARD CITY COUNCIL PAGE 5
Budgets for Fiscal Year 2022-23.

RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard:

1. Adopt Housing Authority Resolution # HA 1330 approving the recommended $6,872,555 operating budget for the Low Rent Public Housing Program for Fiscal Year 22-23, as presented for each project area, and approve and authorize the use of $575,652 of unrestricted cash to fund the projected deficit; and

2. Adopt Housing Authority Resolution # HA 1331 approving the recommended $25,112,313 operating budget for the Housing Choice Voucher Program for Fiscal Year 22-23 and approve and authorize the use of $285,349 of unrestricted cash to fund the projected deficit. (The Finance and Governance Committee approved 2-0.)

9. Housing Department
SUBJECT: Housing Authority Investment Policy.

RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard adopt Housing Authority Resolution # HA 1332 adopting an investment policy for the Housing Authority of the City of Oxnard for FY 2022-2023. (The Finance and Governance Committee approved 2-0.)

10. Public Works Department
SUBJECT: First Amendment to Agreement A-8126 for Delivery of Bulk Fuel (Unleaded Gasoline, Clear Diesel and Red Dye Diesel) to City Facilities.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a first amendment to Agreement A-8126 with Conico Toro, Inc., to increase the not to exceed amount from $1,420,200 to $3,120,200 and extend the term two additional years from June 30, 2022 to June 30, 2024, and incorporate the Water Campus, Blending Stations 3, 4 and 5, and Advanced Water Purification Facility (AWPF) location sites.
(Public Works and Transportation Committee approved 3-0.)

11. Public Works Department

SUBJECT: Third Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Compressed Natural Gas (CNG) Residential Refuse Collection Vehicles for the Environmental Resources Division.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to Rental Agreement No. A-8221 with Big Truck Rental, LLC to increase the not to exceed amount from $1,707,200 to $3,168,800 and extend the term from June 30, 2022 to June 30, 2023 for the short term rental of 15 compressed natural gas (CNG) residential and commercial refuse collection vehicles.
(Public Works and Transportation Committee approved 3-0.)

12. Billing and Licensing Department
63 June 21, 2022 OXNARD CITY COUNCIL PAGE 6
SUBJECT: Agreement No. A-8467 with Infosend, Inc. for Utility Bill and Business Tax Form Printing, Inserting and Mailing Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a threeyear agreement with Infosend, Inc. for utility bills and business tax form printing, inserting and mailing services in an amount not to exceed $996,534 to commence on July 1, 2022, through June 30, 2025.
(Finance and Governance Committee approved 2-0.)

13. Information Technology Department
SUBJECT: Second Amendment to Superion LLC, a CentralSquare Company, Software License Agreement A-8011 for Information Technology Software and Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a second amendment to software license agreement A-8011 with Superion LLC, a CentralSquare Company, in the amount of $340,627 for a new not-to-exceed agreement amount of $1,458,505 for additional information technology software and services.
(Finance and Governance Committee approved 3-0.)
Consent Items No. 1 – 7 and 10 - 13:

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

Housing Authority Consent Items No. 8 - 9:

It was moved by Commissioner Andrade, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, Zaragoza and Housing Authority Commissioner Andrade voted in favor; motion passed 7-0. Commissioner Vega and Councilmember Basua were absent.

L. REPORTS

1. Finance Department
SUBJECT: Adoption of Fiscal Year 2022-23 Operating and Capital Improvement Budget. (0/20/20)

RECOMMENDATION: 1. That the City Council adopt the following resolutions:
a. Resolution #15,592 of the City Council of the City of Oxnard Approving the City Operating and Capital Improvement Budget for Fiscal Year 2022-23; b. Resolution #15,593 of the City Council of the City of Oxnard Authorizing Full-Time Equivalent Positions in the City Service Effective July 1, 2022, in accordance with the Operating Budget for the Fiscal Year 2022-23;
c. Resolution #15,594 of the City Council of the City of Oxnard Authorizing Classification and Salary Schedules and Approving the Attached Classification and Salary Schedule; d. Resolution #15,595 of the City Council of the City of Oxnard Establishing Financial Management Policies;
e. Resolution #15,596 of the City Council of the City of Oxnard Establishing an Appropriation Limit for the Fiscal Year 2022-23;
f. Resolution #15,597 of the City Council of the City of Oxnard adopting a Master Fee Schedule; and
64 June 21, 2022 OXNARD CITY COUNCIL PAGE 7

2. That the Housing Board of Commissioners adopt Housing Authority Resolution # HA 1333 Approving the Housing Authority's Operating Budget for the Fiscal Year 2022-23. (Finance and Governance Committee approved 3-0.)
Public comments were received from Lawrence Stein.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, Zaragoza and Housing Authority Commissioner Andrade voted in favor; motion passed 7-0. Commissioner Vega and Councilmember Basua were absent.

2. Community Development Department
SUBJECT: Agreements A-8481 and A-8482 / Fore - Caltrans Relinquishment Agreement and Maintenance Agreement and Notice of Intent to Vacate Easement. (0/10/10)

RECOMMENDATION: That the City Council:

1. Adopt Resolution #15,598 authorizing the City Manager or designee to negotiate and execute a State Highway Relinquishment Agreement (Agreement Number A-8482) by and between the State of California, acting through its Department of Transportation, and the City of Oxnard; and

2. Authorize the City Manager or designee to negotiate and execute a Maintenance Agreement For Access Road (Agreement Number A-8481) by and between City of Oxnard, Oxnard Coastal Investments, LLC., and Ventura Land Development Company, LLC.; and

3. Adopt Resolution #15,599 declaring its intention to vacate its right, title, and interest in a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet, along the frontage of the two parcels located at 2700 and 2750 North Ventura Road and direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday, July 26, 2022 at 6:00 p.m. at the City Council Chambers; and

4. Find the projects exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). (This item did not originate in Committee.)
Joe Pearson II, AICP, Senior Planner, presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

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

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:58 p.m.
65 June 21, 2022 OXNARD CITY COUNCIL PAGE 8
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
66 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: July 28, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Office of Traffic Safety STEP Grant.

RECOMMENDATION
That the City Council adopt a resolution authorizing:

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of grant award;

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for use of OTS funds; and

4. The Chief of Police or designee to submit all program related progress or status reports.

BACKGROUND
The State of California, Office of Traffic Safety (OTS), offers grant funding to assist cities in reducing the number of injury and fatal traffic collisions that occur on roadways. The Police Department is applying for the "Selective Traffic Enforcement Program" grant in the amount of $500,000.

The Police Department is committed to reducing the total number of collisions through enforcement, education, and engineering improvements and is dedicated to the safety of our motorists, pedestrians, and bicyclists. The Police Department will use grant funding to continue implementing strategies and conducting enhanced enforcement operations to address primary collision factors (such as speed, failure to yield, unsafe turning movements, and distracted driving) to aid in making our roads safer. Traffic safety presentations at community events, public meetings, and schools will also be a means of promoting public awareness regarding bicycle, motorcycle, and pedestrian safety.

The Police Department evaluates collision data and statistics on a monthly basis to ensure problematic areas and primary collision-causing factors are addressed. The Police Department uses this data to focus enforcement in collision-prone and problematic areas through the use of multi-officer enforcement operations that focus on specific collisions causing traffic violations and DUI enforcement operations. Grant funding will also be used to deploy officers for the sole purpose of conducting DUI enforcement. The Traffic Unit will conduct monthly DUI checkpoints and enforcement details during peak times and at locations that experience a high number of DUI-related collisions. Traffic officers will utilize seat belt and distracted driving laws in order to promote seat belt compliance and deter distracted driving. Working with the City's Traffic Engineer, the Traffic Unit will evaluate locations to facilitate roadway improvements in order to reduce the high number of collisions involving pedestrians, bicyclists, and motor vehicles on City streets.

The Police Department understands the value of educating the community to increase traffic safety. The Traffic Unit, with the assistance of the School Resource Officers (SROs), will continue conducting pedestrian and bicycle safety 67 presentations to school-aged children and young adults. The safety presentations will include topics such as safe pedestrian practices to enhance safety, risks and hazards of riding bicycles in traffic, and the importance of wearing the proper safety equipment. The Police Department will host "Start Smart" teen driver safety classes, in which parents and teenagers will be informed of the key factors associated with traffic collisions involving teenage drivers.

The Police Department will continue to collaborate with allied agencies in Ventura County to coordinate enforcement activities and implement strategies to address "Place of Last Drink" (POLD) data and alcohol service compliance. Social media will also be used to distribute and provide information regarding statistical crash data, improve public awareness, and encourage community involvement directed at collision reduction. We will also utilize all available media and outreach methods to promote safe driving habits, encourage seat belt compliance, and deter distracted driving.

The Police Department will continue to participate in the "Know Your Limit" program. The program was implemented in 2017 as a way to educate and reduce impaired driving. Officers developed partnerships with local bars and restaurants.

The officers worked to gain the cooperation of patrons in order to educate them on the effect of alcohol on their bodies, the potential for serious injury or death when driving while impaired, and the financial penalties involved when arrested for DUI. Patrons are asked to guess their Blood Alcohol Content (BAC) based on the number of drinks they have consumed and are offered a "no-consequence" breathalyzer test to see the results. Information is also provided regarding designated driver and rideshare programs. The program has received overwhelmingly positive responses from both business owners and patrons alike. Since the program's inception, it has been implemented at twenty-two (22) local businesses.

With this grant, the Police Department will proactively seek innovative approaches to combat DUI and DUID (Driving Under the Influence of Drugs) collisions and work toward providing continued education and enforcement to ensure the community’s safety while traveling our roadways.

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

FINANCIAL IMPACT
The Selective Traffic Enforcement Program does not require ongoing or one-time matching contributions. Upon execution of the grant award, the grant will be recognized and appropriated accordingly.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Marc Amon, Police Department

ATTACHMENTS

1. Office of Traffic Safety STEP Grant Resolution FY 22-23

2. Office of Traffic Safety STEP Grant Presentation FY 22-23 68 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING SUBMITTAL OF GRANT APPLICATION FOR THE

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT
WHEREAS, City Council Resolution No.________ sets out the procedures by which City staff may submit grant applications, following approval by resolution of the City Council; and WHEREAS, the Police Department has requested that City Council approve the submittal of an application to the State of California, Office of Traffic Safety for $500,000 in Office of Traffic Safety grant funds, to be used for traffic enforcement and education.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager for grant funds to be used for selective traffic enforcement and education and resolves to recognize grant revenue in the amount of $500,000 from the State of California, Office of Traffic Safety. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Chief of Police or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS 28th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________
John Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
69 Office of Traffic Safety
Selective Traffic Enforcement Program Grant
Oxnard City Council
July 28, 2022
Marc Amon, Commander
70 Recommend that City Council:
• Approve the application for grant funds from the Office of Traffic Safety (OTS) through a resolution.

RECOMMENDATION 2
71 Selective Traffic Enforcement Program (S.T.E.P.)
• Grant funding program used for the purpose of reducing the number of persons injured or killed in traffic collisions that involves alcohol and/or drugs and other primary collision factors.
• Focus is on Education and Enforcement
OFFICE OF TRAFFIC SAFETY 3
72 Education
• School presentations on pedestrian/bicycle safety
• “Start Smart” Teen Driver Safety Programs
• “Know Your Limit” Impaired Driver Education
• “Choose Your Ride” Campaign
S.T.E.P. GRANT 4
73 Enforcement
• Impaired Driving
• High Collision Areas
• Distracted Driving
• Pedestrian, Bicyclist, Motorcyclist Related Violations • Seat Belt Compliance
S.T.E.P. GRANT 5
74 S.T.E.P. GRANT 6
FY Grant Award
2012-2013 $150,000
2013-2014 $252,357
2014-2015 $316,500
2015-2016 $275,000
2016-2017 $330,00
2017-2018 $585,000
2018-2019 $410,800
2019-2020 $400,000
2020-2021 $435,596
2021-2022 $478,018
FY 22-23 Grant Application Request:

Award amount of $500,000
75 STEP Grant Objectives Include:
• 30 DUI Enforcement Operations
• 10 DUI Checkpoints
• 6 Street Racing Operations
• 15 Traffic Enforcement Operations
• 8 Bike/Pedestrian Enforcement Operations
• 8 Distracted Driver Operations
• 4 Motorcycle Safety Enforcement Operations
• 10 Traffic Safety Educational Presentations
• 4 “Know Your Limit” Campaigns
• Train 10 officers (minimum) on Standardized Field Sobriety Testing • Train 5 officers (minimum) on Advanced Roadside Impaired Driving Enforcement
S.T.E.P. GRANT 7
76 QUESTIONS
8 77

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: July 28, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement A-8489 to JTEC Corporation for Community Center Park East Restroom Project, Specification No. PW 22-116.

RECOMMENDATION
That the City Council approve and authorize the following for a total of $354,600 in Project funds for the Community Center Park East Restroom Project, Specification No. PW 22-116 (No. 185701):

1. The Mayor to execute Agreement A-8489 with JTEC Corporation in the amount of $295,500 for the Project;

2. A Project contingency amount of $29,550 for the Project; and

3. A Project allocation amount of $29,550 for engineering, inspection, survey and project management for the Project.

BACKGROUND
This project includes the installation of a prefabricated Exeloo restroom. The prefabricated restroom unit has been prepurchased by the city and will be installed by the contractor on-site. The Exeloo restroom’s various features such as auto wash and auto lock dramatically reduce service costs and increase the safety factor when compared with traditional toilet rooms. Because Exeloo restrooms are prefabricated in a factory environment and transported to the site, they are ready for rapid installation which can reduce on-site construction costs and public disruption.

The Project scope includes the installation of the pre-purchased Exeloo restroom modular building atop a concrete foundation. Site flatwork, grading and drainage improvements, water, sewer, and electrical connections are all associated with the installation. The prefabricated Exeloo restroom has been pre-purchased by the City and will be installed by the Contractor onsite. Installation will include offloading the Exeloo restroom from the delivery truck per Manufacturer specifications. The project scope also includes irrigation system repairs, tree and stump removals, security lighting and electrical improvements, and all other appurtenant and associated work.

Capital Improvement Project (CIP) Reference:

Project No. 185701– Community Center Park East Restroom Project, Specification No. PW 22-116- CIP 2022-2027 - Adopted May 17, 2022 – Page 26.

As noted in the above referenced CIP program project description, the installation of additional park amenities including playground replacement and security lighting enhancements will be incorporated together into a separate construction project anticipated for award in Fall 2022.
78 DISCUSSION
Absent any unforeseen delays, the work is tentatively scheduled to begin on September 1, 2022 with a contract duration of 70 working days. Staff will work closely with the Parks Manager and area residents to keep them informed of the schedule.

The notice inviting formal bids (NIFB) on the Project was published on May 12, 2022, and all bids were due on June 28, 2022. The City received the following bids:

JTEC CORPORATION: $279,500.00
NOHO CONSTRUCTORS: $517,750.00
The lowest bidder is JTEC Corporation (JTEC) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from JTEC and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to JTEC Corporation.

Based on the available budget, the contract award is not only the base bid amount of $279,500 but also additive bid item numbers 31 and 32 for an additional cost of $16,000 for a total award amount of $295,500. The additive bid items include demolition of the existing gazebo structure, barbeque pit and counter and temporary fencing and protection related to that work.

In addition to the project award amount of $295,500, Staff recommends authorizing $59,100 for the project, which includes $29,550 for project contingency (10% of the contract costs) and $29,550 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $354,600.

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

FINANCIAL IMPACT
The total cost for this Project is $354,600 which includes the construction agreement, contingency and project allocation.

This Project is funded in part by Community Development Block Grant funds (“CDBG”) from the United States Department of Housing and Urban Development (“HUD”) and the Project is subject to, and must comply with, the applicable requirements of HUD Agreement No. B-18-MC-06-0534. The Community Center Park East Restroom Project 185701 has an available project budget balance of approximately $357,000 from the CDBG Entitlement Fund (285).

COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-8489 JTEC CORPORATION PW 22-116
79 Agreement No. A-8489
1 CITY OF OXNARD CONTRACT FOR

COMMUNITY CENTER PARK EAST RESTROOM PROJECT
SPECIFICATION NO. PW 22-116
HUD Agreement No. B-18-MC-06-0534
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 JTEC CORPORATION (“Contractor”). Contractor’s license number is 1022744.

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 Notice Inviting Bids
● Instructions to Bidders
● General Provisions
● Grant and Federal Provisions
● Special Provisions
● Supplemental Special Provisions
● Plans, Standard Plans
● Greenbook
● Appendix A “Earth Systems Update of Geotechnical Engineering Report No. 22-1-11” ● Appendix B “Exeloo Jupiter Restroom Units Installation Procedures and Guidelines” ● Appendix C “Exeloo Jupiter 22DD Platinum Twin Accessible Drawings” ● Appendix D “HUD LR01.DG Contractor’s Guide to Prevailing Wage Requirements for FederallyAssisted Construction Projects” ● Appendix E “Davis Bacon Act Wage Decision”
● Appendix F “Section 3 Business Interest Forms”
● Appendix G, “Federal Labor Standards Provisions Form HUD 4010” ● Appendix H “HUD Agreement No. B-18-MC-06-0534”
● Appendix I “Inter-Departmental Agreement for Use of CDBG Funds” ● Exhibit A Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award)
● HUD-2530 Form Previous Participation Certification
● HUD-51000 Schedule of Amounts for Contract Payments (Exhibit B) ● HUD-5369-A Representations, Certifications, and Statements of Bidders ● Insurance documentation as set forth in Exhibit INS-E ● Bonds
● City business license
● Permits from regulatory agencies
● Addenda
● Change Orders and Supplemental Agreements
The documents above are incorporated herein by reference. The Appendices listed above are included as part of the Contract Documents.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Community Center Park East Restroom Project, Specification No. PW 22-116 (“Project”), as described in this Contract and in the incorporated Contract Documents. 80 Agreement No. A-8489
2 3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two hundred ninety five thousand five hundred dollars ($295,500.00) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made available to any interested 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.

6. 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 signing this Contract, the Contractor certifies as 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.”

7. 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.

8. 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.

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

10. Amendment. No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. 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 transmitted 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. [signatures on following page]

81 Agreement No. A-8489
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD JTEC CORPORATION

x John C. Zaragoza, Mayora Date Brian Olshever,b Date
☐ Alexander Nguyen, City Manager CEO/President/Secretary ☐ Purchasing Manager
☐ Buyer
ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:

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

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 82 EXHIBIT A
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form HUD-51000 (7/97)
ref Handbooks 7417.1 and 7485.1 Previous editions are obsolete U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Schedule of Amounts for
Contract Payments

Page 1 ends

No progress payments shall be made to the contractor unless a schedule of amounts for contract payments in accordance with the construction contract is received.

Total Amount of Contract or Carried Forward $
To the best of my knowledge, all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) OMB Approval No. 2577-0157
(Exp. 11/30/2023)
Signature of authorized represenative Date signed (mm/dd/yyyy) Project Name and Location Project Number
Name, Address, and Zip Code of Contractor
Nature of Contract Contract Number
Approved for Contractor by Title Date (mm/dd/yyyy)
Approved for Architect by Title Date (mm/dd/yyyy)
Approved for Owner by Title Date (mm/dd/yyyy)
Item Unit of Unit Price Amount of Amount of
No. Description of Item Quantity Measure in Place Sub-Item Principal Item (1) (2) (3) (4) (5) (6) (7)
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new lowincome housing developments or modernization of existing developments.

These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

EXHIBIT B
128
form HUD-51000 (4/20)
ref Capital Fund Guidebook Previous editions are obsolete Bond
General Conditions
Demolition & Clearing
Structures
General Excavation
Footing Excavation
Backfill
Foundation Piles & Caissons
Concrete Foundations
Concrete Superstructures
Reinforcing Steel
Waterproofing & Dampproofing
Spandrel Waterproofing
Structural Steel
Masonry
Stonework
Miscellaneous & Ornamental Metal
Metal Windows
Roofing
Sheet Metal
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 Master List of Items
Item No. Division of Work Item No. Division of Work Item No. Division of Work 20 Rough Carpentry
21 Metal Bucks
22 Caulking
23 Weatherstripping
24 Lath & Plastering-Drywall
25 Stucco
26 Finish Carpentry
27 Finish Hardware
28 Glass & Glazing
29 Metal Doors
30 Metal Base & Trim
31 Toilet Partitions
32 Floors
33 Painting & Decorating
34 Screens
35 Plumbing
36 Heating
37 Ventilating System
38 Electrical
39 Elevators
40 Elevator Enclosures—Metal
41 Incinerators—Masonry & Parts
42 (Other)
43 (Other)
Site Improvements
44 Retaining Walls
45 Storm Sewers
46 Sanitary Sewers
47 Water Distribution System
48 Gas Distribution System
49 Electrical Distribution System
50 Street & Yard Lighting
51 Fire & Police Alarm System
52 Fire Protection System
53 Street Work
54 Yard Work
55 (Other)
56 (Other)
Equipment
57 Shades & Drapery Rods
58 Ranges
59 Refrigerators
60 Kitchen Cabinets & Work Tables
61 Laundry Equipment
62 (Other)
63 Punch List \2
64 Lawns & Planting
1 General Conditions should be 3% to 5% of contract amount. 2 Punch List should be approximately 1/2 of 1% or $30 per dwelling unit, whichever is greater.

Instructions for Preparation of form HUD-51000

1. A separate breakdown is required for each project and prime contract instructions for preparation are given below.
a. Heading. Enter all identifying information required for both forms.
b. Columns 1 and 2. In column 1, enter the item numbers starting with No. 1, and in column 2 enter each principal division of work incorporated in the contract work.
(1) Master List. The Master list contains the basic items into which any construction contract may be subdivided for the purpose of preparing the Construction Progress Schedule and the Periodical Estimates for Partial Payments. Only those items shall be selected which apply to the particular contract. To ensure uniformity, no change shall be made in the item numbers. Generally, about 25 to 40 major items appear in a contract.
(2) Items Subdivided. In the Contractor's breakdown, against which all periodical estimates will be checked prior to payment, each major item must be subdivided into sub-items pertinent to the project involved and in agreement with the Contractor's intended basis for requesting monthly payments. c. Column 3. Enter the total quantity for each sub-item of each principal division of work listed in the breakdown.
d. Column 4. Enter the appropriate unit of measure for each subitem of work opposite the quantities described in column 3, such as “sq. ft.,” “cu. yd.,” “tons,” “lb.,” “lumber per M/BM,” “brickwork per M,” etc., applicable to the particular sub-item. Items shown on “lump sum” or equivalent basis will be paid for only on completion of the whole item and not on a percentage of completion basis.
e. Column 5. Enter the unit price, in place, of each sub-item of work.
f. Column 6. Enter the amount of each sub-item obtained by multiplying the quantities in column 3 by the corresponding unit prices in column 5.
g. Column 7. Enter the amount of principal item only, obtained by adding the amounts of all sub-items of each principal division of work listed in column 6. Continue with the breakdown on form HUD-51000.
h. The “Schedule of Amounts for Contract Payments” shall be signed and dated in the space provided at the bottom of each sheet of the form by the individual who prepared the breakdown for the Contractor.

2. The minimum number of copies required for each submission for approval is an original and two copies. When approved, one fully approved copy will be returned to the Contractor.

EXHIBIT B
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"General Decision Number: CA20220015 04/01/2022
Superseded General Decision Number: CA20210015
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Ventura County in California.

BUILDING, DREDGING (does not incldue hopper dredge work), HEAVY (does not include water well drilling), AND HIGHWAY

CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.

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Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/28/2022
3 02/25/2022
4 04/01/2022
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66
---------------------------------------------------------------- ASBE0005-004 07/05/2021
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 22.40 13.07
---------------------------------------------------------------- BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81
---------------------------------------------------------------- * BRCA0004-012 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.39 18.81
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11
TILE FINISHER....................$ 30.47 12.52
TILE LAYER.......................$ 43.09 18.31

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---------------------------------------------------------------- BRCA0018-010 09/01/2020
Rates Fringes
TERRAZZO FINISHER................$ 33.66 14.20
TERRAZZO WORKER/SETTER...........$ 41.60 14.73
---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes

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Modular Furniture Installer......$ 21.85 7.15
---------------------------------------------------------------- ELEC0952-001 12/27/2021
Rates Fringes
Electricians: (All work
within 32 road miles from the
nearest base point)
Cable Splicer...............$ 48.13 29.55
Electrician
Transportation Systems
Technician Journeyman
Wireman - Street Lighting
& Traffic Signals..........$ 43.75 29.42
Transportation Systems
Technician - Street
Lighting & Traffic Signals..$ 32.81 29.09
ALL WORK MORE THAN 32 ROAD MILES FROM NEAREST BASE POINT:

Add $5.00 to the basic hourly rate. BASE POINTS: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura.
---------------------------------------------------------------- ELEC0952-003 12/27/2021

COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer...................$ 42.17 15.55
Technician..................$ 30.10 12.78
SCOPE OF WORK:

Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings.

Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;
excluding all other data systems or multiple systems which include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current inside wireman total cost package.
---------------------------------------------------------------- ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b

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FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20

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PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or

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600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator

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GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine,

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Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed,

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lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons);

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Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.

Continue S along west boundary of R1E, SMB to Riverside County

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line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.

Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.

Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.

$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is

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the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
Rates Fringes

IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 03/01/2021

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Rates Fringes
Asbestos Removal Laborer.........$ 37.49 21.88
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2021
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0585-001 07/01/2020
Rates Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 42.54 21.04
GROUP 2.....................$ 42.86 21.04
GROUP 3.....................$ 43.32 21.04
GROUP 4.....................$ 44.01 21.04

LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04

LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete

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screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize

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concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0585-003 07/01/2021
Rates Fringes
Brick Tender.....................$ 35.82 20.45
---------------------------------------------------------------- LABO1184-001 07/01/2021
Rates Fringes
Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 38.89 17.10
(2) Vehicle Operator/Hauler.$ 39.06 17.10
(3) Horizontal Directional
Drill Operator..............$ 40.91 17.10
(4) Electronic Tracking

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Locator.....................$ 42.91 17.10
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 40.10 20.12
GROUP 2.....................$ 41.40 20.12
GROUP 3.....................$ 43.41 20.12
GROUP 4.....................$ 45.15 20.12

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1414-001 08/05/2020
Rates Fringes

LABORER
PLASTER CLEAN-UP LABORER....$ 36.03 21.01
PLASTER TENDER..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-007 07/01/2019
Rates Fringes
Painters:
(1) Repaint Including Lead
Abatement...................$ 25.40 15.87
(2) High Iron & Steel.......$ 32.12 16.03
(3) Journeyman Painter
including Lead Abatement....$ 30.04 16.03
(4) Industrial..............$ 34.02 16.49
(5) All other work..........$ 30.04 16.03

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REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.

HIGH IRON & STEEL:

Aerial towers, towers, radio towers, smoke stacks, flag poles (any flag poles that can be finished from the ground with a ladder excluded), elevated water towers, steeples and domes in their entirety and any other extremely high and hazardous work, cooning steel, bos'n chair, or other similar devices, painting in other high hazardous work shall be classified as high iron & steel
---------------------------------------------------------------- PAIN0036-008 10/01/2021
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 43.63 22.92
---------------------------------------------------------------- PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2021
Rates Fringes
SOFT FLOOR LAYER.................$ 38.75 14.03
---------------------------------------------------------------- PLAS0200-009 08/04/2021
Rates Fringes
PLASTERER........................$ 45.77 18.39
---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
---------------------------------------------------------------- PLUM0016-001 09/01/2021
Rates Fringes

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 52.20 24.38
Work ONLY on strip malls,

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light commercial, tenant
improvement and remodel
work........................$ 39.91 22.71
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 53.83 25.36
---------------------------------------------------------------- PLUM0345-001 09/01/2021
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 36.85 24.75
Sewer & Storm Drain Work....$ 40.94 22.13
---------------------------------------------------------------- ROOF0036-002 08/01/2021
Rates Fringes
ROOFER...........................$ 42.07 18.92
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- * SFCA0669-010 04/01/2022

DOES NOT INCLUDE PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:

Rates Fringes
SPRINKLER FITTER.................$ 43.25 26.77
(FIRE)
---------------------------------------------------------------- SFCA0709-001 01/01/2021

PORT HUENEME, PORT MUGU, THE CITY OF SANTA PAULA, AND THAT PART OF VENTURA COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:

Rates Fringes
SPRINKLER FITTER (Fire)..........$ 48.71 29.15
---------------------------------------------------------------- SHEE0273-002 08/01/2019
Rates Fringes
SHEET METAL WORKER...............$ 45.48 30.05

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HOLIDAYS: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
---------------------------------------------------------------- TEAM0011-002 07/01/2020
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck

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repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

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the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling

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On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISIO"

APPENDIX E
152

EXHIBIT INS-E

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT)
1 Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

1.1 Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (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;

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

1.3 If architectural, engineering, or electrical 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 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.

1.4 Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.

1.5 Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2 Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-E. 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 certificates 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.

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 provided 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 without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4 Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-E 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 contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6 Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and 153

volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7 All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 154

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 sample accord form. 155

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 PERIOD INDICATED, NOTWITHSTANDING

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $2,000,000 PRODUCTS COMP/OP AGG. $2,000,000 PERSONAL & ADV. INJURY $2,000,000 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY
COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, Course of Construction Insurance Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No
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

SAMPLE
156

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

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

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 suits arising from the operations, products and activities performed by or on behalf of the named insured.

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

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “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 exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._
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
157

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

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

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

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 exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No
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

158

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as Community Center Park East Restroom Project, Specification No. PW 22-116.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this
amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the 159

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 Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its:
__________________________
By:

Its:
__________________________
(Seal)

“Surety”
By:

Its:
__________________________
By:

Its:
__________________________
(Seal)
Notes: 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. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 160

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as Community Center Park East Restroom Project, Specification No. PW 22-116.

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 Dollars ($ ), this
amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the 161

Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
By:

Its:
__________________________
By:

Its:
__________________________
(Seal)

“Surety”
By:

Its:
_________________________
By:

Its:
_________________________
(Seal)
Notes: 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. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 162

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: July 28, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Resolution Commending Robin Whitney for over Twenty-Seven Years of Outstanding Service to the City of Oxnard.

RECOMMENDATION
That the City Council adopt a resolution commending Robin Whitney for over Twenty-Seven Years of Service to the City of Oxnard Police Department.

BACKGROUND
On June 24, 2022, Commander Robin Whitney retired after over 27 years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.

Commander Whitney began his law enforcement career in 1995, after graduating from the Ventura County Criminal Justice Training Center. He served the community of Oxnard honorably and with distinction in his advancement to Police Commander in 2016.

Throughout his career, Commander Whitney held a wide variety of assignments within the Police Department, including Patrol, Bicycle Patrol Team, Southwinds Storefront Officer, Traffic Enforcement Officer, Beat Coordinator of La Colonia neighborhood, Family Protection Unit Detective, Patrol Sergeant, Audit and Inspection Unit Sergeant as well as Patrol Watch Commander.

Over the course of his career, Commander Whitney has received several awards, including the Academic Achievement Award in the police academy, DA’s Office “Ellie Liston Crime Victim Assistance” Award, Officer of the Quarter in 2007 and City of Oxnard Employee of the Quarter in 2008.

We extend our best wishes to Commander Whitney on his retirement.

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.
163

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Nellie Estrada, Administrative Assistant

ATTACHMENTS

1. Resolution Robin Whitney (1)
164
165
166

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5
DATE: July 28, 2022
TO: City Council
FROM: Helen Miller, Chief Information Officer, (805)385-7446, [email protected] SUBJECT: Infrastructure Investment and Jobs Act (IIJA) Grant Application.

RECOMMENDATION
That City Council adopt a resolution authorizing:

3. The Chief Financial Officer to submit financial reports and grant claims and approve special budget appropriations for use of grant funds; and

4. The Chief Information Officer to submit non-financial reports.

Please click the following link to view the required Measure M pre-recorded presentation video:

BACKGROUND
The Infrastructure Investment and Jobs Act (IIJA) is federal legislation that provides close to $550 billion in new spending for state and local governments. This includes $1 billion of dedicated funding for cybersecurity programs. The State of California's appropriation is expected to receive $40 million in cybersecurity appropriations. These funds are available for a period of 4 years and come with a cost-sharing provision.

The funds may be used to implement, develop or revise cybersecurity plans. For funds that are received in Year 1 of the program, there will be a 10% funding match requirement that the City must share. For each year thereafter, there will be an increase of the match requirement by 10%. Thus year 2 will require a 20% share, 30% for year 3 and finally 40% for year 4.

Timing for the availability of these funds has yet to be determined. However, it is anticipated that sometime in September 2022 the State will submit its required application to the federal government. Each state must provide its application containing a comprehensive cybersecurity plan to the federal government via the State and Local Cybersecurity Improvement Act. Each state’s application will focus on addressing the following four measures:

1. Tactics to protect against cybersecurity threats to information systems

2. Framework to manage, monitor and track information systems, applications and user accounts 167

3. Conforming to continuous vulnerability assessments

4. Enhancing recruitment and workforce skills
Once the federal government approves the State's plan submission, California will receive its allocated IIJA cybersecurity grant funds. Then the State will have 45 days to make those funds available to local governments. The City anticipates submitting its application to the State of California somewhere in the window of September/October 2022. There is still a lot of ambiguity with the application process and, therefore, the City must be agile and ready to submit its application as soon as the State opens up the program. Staff wishes to prepare the City's application and present it to the State for submission to the federal government just as soon as the grant details are released.

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 Information Technology department is planning on requesting the grant funds to be used in the first year of disbursement. Based on a grant amount not to exceed $500,000, a 10% match in year 1 will be $50,000, which is available in the department's operating budget for FY22-23 and will not require any further appropriation. Since future years' funding require a higher match amount, it is possible that the match amount will increase depending on the disbursement schedule. The future year match amounts will be requested in the IT annual operating budget in the corresponding out years.

COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on July 12, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Gary Krumian, Programmer Analyst

ATTACHMENTS

1. Resolution authorizing approval to submit grant for cybersecurity technology

2. City Council 7_28_22 IIJA Agenda Item L5
168

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING SUBMITTAL OF A GRANT APPLICATION FOR

CYBERSECURITY TECHNOLOGY
WHEREAS, City Council Resolution No. 12,053 sets out the procedures by which City staff may submit grant applications, following approval of the City Council; and WHEREAS, the Information Technology Department has requested that City Council approve the submittal of an application to the Federal Emergency Management Agency (FEMA) for a $500,000 grant funding through the Infrastructure and Jobs Act (IIJA) for the purpose of investing in cybersecurity technology for systems used throughout the City.

NOW, THEREFORE, the City Council of the City of Oxnard hereby resolves to approve the submittal of a grant application by the City Manager or designee for the purpose of investing in cybersecurity technology for systems used throughout the City. The City Council further resolves that the Chief Information Officer or designee is authorized to execute grant agreements; the Chief Financial Officer or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Chief Information Officer or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS 28th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
169
Infrastructure Investment and Jobs Act
(IIJA) Grant Application
City Council
July 28, 2022
Gary Krumian, IT Business Analyst
170
That the City Council adopt a resolution authorizing:

3. The Chief Financial Officer to submit financial reports and grant claims and approve special budget appropriations for use of grant funds; and

4. The Chief Information Officer to submit non-financial reports.

RECOMMENDATION 2
171
• The IIJA is federal legislation that provides close to $550 billion in net new spending for state and local governments including $1 billion for cybersecurity programs
• The State of California is expected to receive $40 million in cybersecurity appropriations
• The funds are to be used for implementing cybersecurity plans • Funds are available for a period of four years and come with a cost-sharing provision
• 10% in Year 1
• 20% in Year 2
• 30% in Year 3
• 40% in Year 4
BACKGROUND 3
172
• Timing of application period is expected during September/October 2022 • State of California will submit a comprehensive plan to FEMA • Once state receives the funds, it must disburse them within 45 days • City must be agile in preparing and submit its application once the state begins its process
ACTION PLAN 4
173
• Based on the $500,000 grant amount and 10% match requirement in Year 1, up to $50,000 will be required from the IT department’s FY 22-23 operating budget
• This match amount is sufficiently available in the department’s budget and will not require any further appropriation
• If needed, use of the grant funds in future years will require higher match amounts that will be requested to be included in the department’s future operating budget
• No other appropriations will be required at this time FINANCIAL IMPACT 5
174
That the City Council adopt a resolution authorizing:

3. The Chief Financial Officer to submit financial reports and grant claims and approve special budget appropriations for use of grant funds; and

4. The Chief Information Officer to submit non-financial reports.

RECOMMENDATION 6
175

QUESTIONS
7 176

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6
DATE: July 28, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Response to Grand Jury Report titled, "Cybersecurity of Water Providers in Ventura County."

RECOMMENDATION
That the City Council shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the Council's control related to the Ventura County Grand Jury Report "Cybersecurity of Water Providers in Ventura County" dated June 6, 2022, and that the Mayor shall also comment on the findings and recommendations, through the form titled "Response to the Grand Jury Report Form.

BACKGROUND
On June 6, 2022, the Ventura County Civil Grand Jury (“Grand Jury”) delivered a Report on the Cybersecurity of Water Providers in Ventura County (“County”). The City of Oxnard (“City”) is required to respond to the Grand Jury's findings and recommendations. Those findings and recommendations are listed below, along with the City's responses:

Number Findings Agree Disagree wholly or
partially
Additional Responses
F-01 The Grand Jury finds
that cybersecurity of
both IT and SCADA
systems is essential
to safe and effective
delivery of water.

X
F-02 The Grand Jury finds
inconsistent levels of
cybersecurity for IT
systems among the
investigated water
providers.

X The City is not able to
agree or disagree with
this finding. However,
the City does note that
the City operates and
manages a standalone
SCADA network
independent from the
City IT and performs
routine cybersecurity
tests, penetration
tests, firewall
protection, and three
layers of password
177
access.

F-03 The Grand Jury finds
inconsistent levels of
cybersecurity for
SCADA systems
among the
investigated water
providers
X The City is not able to
agree or disagree with
this finding. However,
the City does note that
the City operates and
managesa standalone
SCADA network and
performs routine
cybersecurity tests,
penetration tests,
firewall protection,
and three layers of
password access.

F-04 The Grand Jury finds
that the level of
training on
cybersecurity is
inconsistent among
the investigated
water agencies
X The City is not able to
agree or disagree with
this finding as the
City is not privy to
the cybersecurity
training of the other
water providers.

F-05 The Grand Jury finds
that the level of
frequency of
cybersecurity
assessments are
inconsistent among
the investigated
water providers
X The City is not able to
agree or disagree with
this finding as the
City is not privy to
the cybersecurity
assessment of the
other water providers.

However, the City
does note that the City
Water SCADA
system is analyzed
routinely and
performs an annual
penetration test for
cybersecurity and
integrity purposes.

F-06 The Grand Jury finds
that knowledge of
cyber incident
reporting requirement
is inadequate among
the investigated
water providers
X The City is not able to
agree or disagree with
this finding as the
City is not privy to
the SCADA
cybersecurity
reporting of the other
water providers.

However, the City
does note that asa
member of the
178
Cybersecurity
&
Infrastructure
Security Agency, the
City is able to report
any cyber incidents
on this platform and
would also report any
incident with the State
Water Resources
Control Board
Division of Drinking
Water.

F-07 The Grand Jury finds
that there is
insufficient
information exchange
among the
interviewed water
providers regarding
cybersecurity threats,
attacks, protections
and remedies
X
F-08 The Grand Jury finds
that there is
insufficient
awareness among
public water
providers of available
government expert
cybersecurity
services and support
for water provider
systems
X The City is not able to
agree or disagree with
this finding as the
City is not privy to
the SCADA
cybersecurity support
of the other water
providers. However,
the City does note that
asa member of the
Cybersecurity&
Infrastructure
Security Agency, The
American Water
Works Association
and Homeland
Security and the State
Water Resources
Control Board, the
City is able to report,
receive reports on
cyber incidents as
well as take
advantage of the
services provided on
these platforms.

F-09 The Grand Jury finds
that not all the
investigated water
providers' business
recovery plans
X The City is not able to
agree or disagree with
this finding as the
City is not privy to
the other water
179
addressed recovery
from a cyber incident
providers' cyber
incident business
recovery plans
Recommendations:

Number Recommendations Implemented Not
Implemented
Further
Analysis
needed
Will not
implement
Additional
Response
R-01 The Grand Jury recommends
that the investigated public
water providers regularly
assess their cybersecurity,
addressing both IT and
SCADA, consistent with
EPA and CISA
recommended best practices.

X This
response is
subject to the
Grand Jury
Report's
"Limitations
to Scope"
and
"Discussion"
sections,
which limit
our response
to OT and
SCADA
R-02 The Grand Jury recommends
that the investigated public
water providers regularly
share and exchange
information regarding
cybersecurity threats, attacks,
protections and remedies,
and provide training, using
such forums as the
AWAVC.

X This will be
implemented
by the end of
2023.

R-03 The Grand Jury recommends
that the investigated public
water providers use free
federal and state expert
assistance to enhance
security.

X
R-04 The Grand Jury recommends
that the investigated public
water providers regularly
conduct cybersecurity
awareness training.

X Subject to the
Grand Jury
Report's
"Limitations
to Scope"
and
"Discussion"
sections,
which limit
our response
to OT and
SCADA, we
180
will begin
conducting
regular
trainings by
the end of
2022.

R-05 The Grand Jury recommends
that the investigated public
water providers address
recovery from cybersecurity
incidents in their business
recovery plans.

X Subject to the
Grand Jury
Report's
"Limitations
to Scope"
and
"Discussion"
sections,
which limit
our response
to OT and
SCADA, we
will begin
addressing
recovery
from
cybersecurity
incidents in
our BRP by
the end of
2022
R-06 The Grand Jury recommends
that each investigated public
water provider establish a
CISA-complaint internal
protocol for reporting cyber
incidents.

X
Detailed responses to the Grand Jury's findings that the City disagrees with in whole or in part, and recommendations are as follows:

Findings
F-01: The City of Oxnard (“City”) agrees that the cybersecurity of both the IT and SCADA systems is essential to the safe and effective delivery of water.

F-02: The City is not able to agree or disagree with this finding. However, the City does note that the City operates and manages a standalone SCADA network independent from the City IT and performs routine cybersecurity tests, penetration tests, firewall protection and three layers of password access.

F-03: The City is not able to agree or disagree with this finding. However, the City does note that the City operates and manages a standalone SCADA network and performs routine cybersecurity tests, penetration tests, firewall protection and three layers of password access.

F-04: The City is not able to agree or disagree with this finding as we are not privy to the cybersecurity training of the other water providers.

F-05: The City is not able to agree or disagree with this finding as we are not privy to the cybersecurity assessment of the 181
other water providers. However, the City does note that the City Water SCADA system is analyzed routinely and performs an annual penetration test for cybersecurity and integrity purposes.

F-06: The City is not able to agree or disagree with this finding as we are not privy to the SCADA cybersecurity reporting of the other water providers. However, the City does note that as a member of the Cybersecurity & Infrastructure Security Agency, the City is able to report any cyber incidents on this platform and would also report any incident with the State Water Resources Control Board Division of Drinking Water.

F-07: The City agrees that there is insufficient information exchange among water providers regarding cybersecurity threats, attacks, protections and remedies.

F-08: The City is not able to agree or disagree with this finding as we are not privy to the SCADA cybersecurity support of the other water providers. However, the City does note that as a member of the Cybersecurity & Infrastructure Security Agency, The American Water Works Association and Homeland Security and the State Water Resources Control Board, the City is able to report, receive reports on cyber incidents as well as take advantage of the services provided on these platforms.

F-09: The City is not able to agree or disagree with this finding as the City is not privy to the other water providers' cyber incident business recovery plans.

Recommendations
R-01: This response is subject to the Grand Jury Report's "Limitations to Scope" and "Discussion" sections, which limit our response to OT and SCADA. The City’s Water Division has implemented this recommendation. The Water Division is a member Cybersecurity & Infrastructure Security Agency (“CISA”) where security updates and cyber reports are shared and reported along with best available practices. The Water Division operates on a stand-alone SCADA platform that is not connected in any way to the City’s IT network. The Water Division uses a third-party consultant to conduct periodic SCADA Security Penetration Tests to ensure the integrity of the SCADA system, identify any cyber access attempts and fortify the cyber security protection of the water divisions SCADA system. The Water Division uses three layers of separate passwords for access and a firewall for additional cyber security protection.

R-02: This will be implemented by the end of 2023.

R-03: The City of Oxnard’s Water Division has implemented this recommendation. The Water Division is a member Cybersecurity & Infrastructure Security Agency (“CISA”) and the American Water Works Association (“AWWA”), where security updates, alerts, cyber reports are shared and reported. The Water Division will use federal and state assistance to enhance their cyber security. The Water Division also receives cyber threat notifications through Homeland Security and the State Water Resources Control Board.

R-04: Subject to the Grand Jury Report's "Limitations to Scope" and "Discussion" sections, which limit our response to OT and SCADA, we will begin conducting regular trainings by the end of 2022.

R-05: Subject to the Grand Jury Report's "Limitations to Scope" and "Discussion" sections, which limit our response to OT and SCADA, we will begin addressing recovery from cybersecurity incidents in our BRP by the end of 2022.

R-06: The City’s Water Division has implemented this recommendation. The Water Division is a member CISA where security updates and cyber reports are shared and reports can be made. The Water Division Manager or the Water Operations Manager notifies the Assistant Public Works Director and the Public Works Director of cyber security incidents and follows the following CISA Incident Notification Protocol.

The entire grand jury report is attached to this staff report, along with detailed responses to each finding and recommendation.

STRATEGIC PRIORITIES
182
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. Grand Jury Report - Cybersecurity of Water Providers in Ventura County

2. Response to Grand Jury Report Form_ Cybersecurity of Water Providers in Ventura County 183
2021 - 2022
Ventura County Grand Jury
Final Report
Cybersecurity of Water Providers
in Ventura County
May 11, 2022
184
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2021-2022 Ventura County Grand Jury Final Report
Cybersecurity of Water Providers in Ventura County 1
Cybersecurity of Water Providers in Ventura County

SUMMARY
Cyber-attacks are a serious threat to the public drinking water supply. Recent cyber-attacks around the United States have resulted in community water supplies being poisoned or their suppliers’ business operations being held hostage by ransomware. In recognition of this critical threat, the 2021-2022 Ventura County Grand Jury (Grand Jury) investigated the cybersecurity of Ventura County public water providers.

The Grand Jury investigated two primary areas of cyber vulnerability in the water sector: the Information Technology (IT) used to bill consumers and record usage, and the Operational Technology (OT) used to control and monitor treatment and delivery of the water supply. Malicious actors can take advantage of network vulnerabilities and/or weak user access controls in either IT or OT to disrupt the business and the water service, and potentially degrade public safety.

The Grand Jury found that Ventura County relies on a complex network of public and private water wholesalers and retailers. The investigation encompassed those public water providers who supply 76% of Ventura County water users and concluded that there is considerable opportunity for improvement of cybersecurity policies and procedures.

The Grand Jury recommends that Ventura County water providers seek out and utilize free Federal and State expert support for implementing cybersecurity best practices, such as regular vulnerability assessments and cyber training for all employees. The Grand Jury further recommends that water providers utilize forums such as water agency associations to share information concerning cybersecurity threats, attacks, protections and remedies.

The Grand Jury recommendations can serve as a model to strengthen the cybersecurity of all Ventura County water providers.

METHODOLOGY
The Grand Jury obtained information from the following:
• Environmental Protection Agency (EPA) website
• Cybersecurity & Infrastructure Security Agency (CISA) website • American Water Works Association (AWWA) website
• Water Information Sharing and Analysis Center (WaterISAC) website • Internet research to gather information from a variety of authoritative sources
• Audio-visual presentation entitled “Water Supply Conditions and Drought Update” to the Simi Valley City Council, October 11, 2021 • Interviews with officials who have knowledge of the IT and OT of the community water systems in Ventura County
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2 Cybersecurity of Water Providers in Ventura County

BACKGROUND
The Cyber Threat
In 2021, there were two well-publicized attempts by malicious actors to poison water supplies in Oldmar, Florida and the San Francisco Bay area. (Ref-01, Ref-02) In March 2019, a hacker gained unauthorized access to a public water plant in Kansas. (Ref-03) Ransomware attacks against water providers occurred in various locales, including Nevada, Maine, New Jersey, and California between September 2020 and August 2021. (Ref-04) These cyber-attacks involved the IT systems supporting the providers, such as customer account information and billing, as well as the OT systems that operate the water provider’s physical plant. (Ref-01, Ref-04, Ref-05) The Grand Jury investigation addressed the vulnerability of Ventura County water providers to similar cyber-attacks, which could disrupt clean water availability and/or provider business operations, potentially threatening public health and safety. (Ref-02)
In 2019, the AWWA declared that “[c]yber risk is the top threat facing business and critical infrastructure in the United States.” They also reported that “given the very real threat and significant consequences, it is critical that organizations prioritize cybersecurity and take reasonable steps to prevent, detect and respond to cyber incidents.” The AWWA further observed that “optimistic reliance on sovereign immunity defenses or insurance policies, or an unconfirmed expectation that someone else within the organization is ‘handling’ cybersecurity issues, are not sufficient to protect an organization or its leaders from the repercussions of a cyber-attack….” (Ref-06) In response, CISA has published best practices for enhancing cybersecurity, including but not limited to risk assessments, user training, data backup and multi-factor authentication for remote access. (Ref-07) In January 2022, the Biden-Harris Administration announced a new Water Sector Action Plan to secure water systems from cyberattacks. (Ref-08) The action plan, sponsored by the EPA and its federal partners, encourages the water sector to adopt technology which will enable early detection of cyber threats. (Ref-09) The plan will also boost information sharing about cyber threats between water utilities and the federal government. (Ref-08, Ref-09)
Ventura County Water Infrastructure
According to EPA’s Water Systems Summary for Quarter 4 2021, there are 64 community water systems that supply drinking water to the residents of Ventura County. (Ref-10) About 98% of the county water is supplied by the 25 largest systems. The Grand Jury investigation focused on public water providers, as almost 80% of the county water agencies are operated by the County, its cities, and special districts. The Grand Jury investigation addressed 95% of these community water systems, corresponding to 76% of Ventura County water users. (Att-01) More than half of the water delivered to Southern California homes and businesses is imported from Northern California by the Metropolitan Water District of Southern California (MWD) through the State Water Project and from the Colorado River. (Ref-11) The MWD allocates a portion of this water to Ventura County. (Ref-05) As shown on the Ventura County Water Purveyors map, two wholesale water 187
2021-2022 Ventura County Grand Jury Final Report
Cybersecurity of Water Providers in Ventura County 3
providers, Calleguas Municipal Water District and United Water Conservation District, are primarily responsible for distribution of this imported water to Ventura County communities. As shown on the Ventura County Water Purveyors map, these water districts provide water to every city in Ventura County except the City of Ojai, which is served by Casitas Municipal Water District. (Att-02) The water that comes from the MWD is already filtered and treated; the water from local sources is filtered and treated locally. (Ref-05, Ref-12, Ref-13) Some imported water is retreated if it has been stored for any length of time prior to its delivery to the end user. (Ref-05) Each of these points of distribution and treatment is a potential target of a cyber-attack. (Ref-04, Ref-05)
Limitations to Scope
In many cases, the IT support for municipal water systems was housed within the respective city IT division rather than dedicated to the water department. As the cybersecurity of the cities’ IT divisions was addressed in a recent Grand Jury report, the 2021-2022 Grand Jury elected not to make it our primary focus. (Ref-14) Although the Grand Jury did not interview all of Ventura County water providers, the Grand Jury recommendations could serve as a model to strengthen the cybersecurity of all.

The Grand Jury also considered that this report’s findings and recommendations could potentially provide useful information to a malicious actor, as could the responses of the various water providers to this report. Therefore, this report does not make overly specific assertions of vulnerabilities or recommended remedies.

DISCUSSION
For each water provider, the chemical treatment, filtration, storage and distribution of water are controlled by OT, which is remotely accessed and managed by an industrial control system identified as the Supervisory Control and Data Acquisition (SCADA) system. (Ref-05, Ref-15) Hereafter this report will focus on SCADA as the cyber vulnerable component of OT. SCADA operators are trained in manual operation of pumps, valves and other equipment as backup in the event of SCADA failure or interruption. Additionally, each provider employs enterprise IT systems that support their workforce and provide customer interface,, including usage tracking and billing for services rendered. Both the IT and SCADA systems have inherent cyber vulnerabilities, being dependent upon computer networking, remote access and user and operator awareness. SCADA administrators interviewed represented their systems to be less vulnerable due to fewer authorized users. (Ref-05) However, any cyber-attack on SCADA “…could result in devastating physical consequences to such things as critical infrastructure and services, the environment, and even human life.” (Ref-16)
Seven of the 14 water providers interviewed by the Grand Jury have experienced some form of cyber-attack within the last five years, ranging from successful phishing attacks to ransomware. (Ref-05) These attacks exploited cyber vulnerabilities such as an attacker’s familiarity with the network, vulnerability of connected devices, or poor access controls. (Ref-05, Ref-17) The AWWA website provides tools and a robust suite of guidance to support cybersecurity assessments, 188
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4 Cybersecurity of Water Providers in Ventura County
including review of security weaknesses. (Ref-18) CISA offers a variety of exercises simulating cyber-attacks, many levels of cyber awareness training, and detailed vulnerability assessments, all of which are free to the recipient. Additionally, CISA offers resources to address vulnerabilities identified by their assessments. (Ref-19) The California State Water Resource Control Board also offers information to assist water agencies in becoming more cyber aware and cyber resilient. (Ref-20) Only three of the water providers interviewed have pursued available state or federal assistance to improve cybersecurity. (Ref-05)
The Grand Jury investigation revealed that all Ventura County public water providers interviewed have some level of cybersecurity for their IT and SCADA. Ten of 14 water providers interviewed have recently conducted cyber vulnerability assessments, however the complexity level and frequency vary among those assessments. (Ref-05) Cybersecurity experts recommend that a robust cyber security program includes firewalls, backups, controlled VPN access for mobile devices and multi-factor authentication. (Ref-21, Ref-22) All the water providers interviewed utilize remotely accessible IT and SCADA systems. Thirteen of 14 water providers interviewed employ firewalls, VPN access and/or multi-factor authentication to protect against unauthorized access. The water providers also employ various forms of data backup; some utilize the Cloud, while others utilize remote servers. (Ref-05)
Per the America’s Water Infrastructure Act of 2018, every drinking water utility that serves at least 3,300 citizens was required to submit a Risk and Resilience Assessment by June 30, 2021 and update it at least every five years. (Ref-23) These assessments specifically address SCADA vulnerability. All Ventura County water providers interviewed by the Grand Jury are aware of this requirement, and 12 of 14 have completed the assessment. (Ref-05)
The Biden-Harris Administration’s Water Sector Action Plan and CISA recommend raising the awareness of cyber risks and lessons learned from past incidents in the water and wastewater sector through cybersecurity training and information sharing. (Ref-08, Ref-21) Twelve of 14 Ventura County water providers interviewed by the Grand Jury have recently conducted cyber training in addition to the operator training required to achieve and maintain operational certification. All water providers interviewed are members of professional water associations such as the Association of Water Agencies Ventura County (AWAVC), the Association of California Water Agencies (ACWA) and AWWA; however, none have shared information with other local providers regarding cyber-attacks. (Ref-05) The AWWA encourages member agencies to ensure their business recovery plans identify potentially disruptive events including cyber-attack, estimate their impact, and implement mitigation strategies. (Ref-24) Thirteen of 14 Ventura County water providers interviewed by the Grand Jury confirmed that their agencies had some form of business recovery plan, but not all addressed recovery from cyber incidents. (Ref-05) CISA directs that all cyber incidents must be reported to Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) in addition to local law enforcement. (Ref-21) All water providers interviewed agreed that cyber incidents should be reported, however only five of 14 identified FBI or DHS as report recipients. (Ref-05)
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Cybersecurity of Water Providers in Ventura County 5

FINDINGS
F-01. The Grand Jury finds that cybersecurity of both IT and SCADA systems is essential to safe and effective delivery of water.

F-02. The Grand Jury finds inconsistent levels of cybersecurity for IT systems among the investigated water providers.

F-03. The Grand Jury finds inconsistent levels of cybersecurity for SCADA systems among the investigated water providers.

F-04. The Grand Jury finds that the level of training on cybersecurity is inconsistent among the investigated water providers.

F-05. The Grand Jury finds that the level and frequency of cybersecurity assessments are inconsistent among the investigated water providers.

F-06. The Grand Jury finds that knowledge of cyber incident reporting requirements is inadequate among the investigated water providers.

F-07. The Grand Jury finds that there is insufficient information exchange among the interviewed water providers regarding cybersecurity threats, attacks, protections and remedies.

F-08. The Grand Jury finds that there is insufficient awareness among public water providers of available government expert cybersecurity services and support for water provider systems.

F-09. The Grand Jury finds that not all the investigated water providers’ business recovery plans addressed recovery from a cyber incident.

RECOMMENDATIONS
R-01. The Grand Jury recommends that the investigated public water providers regularly assess their cybersecurity, addressing both IT and SCADA, consistent with EPA and CISA recommended best practices. (F-01, F-02, F-03, F-05)
R-02. The Grand Jury recommends that the investigated public water providers regularly share and exchange information regarding cybersecurity threats, attacks, protections and remedies, and provide training, using such forums as the AWAVC. (F-01, F-02, F-03, F-04, F-06, F-07) R-03. The Grand Jury recommends that the investigated public water providers use free federal and state expert assistance to enhance cybersecurity. (F-01, F-02, F-03, F-05, F-06, F-07, F-08)
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6 Cybersecurity of Water Providers in Ventura County
R-04. The Grand Jury recommends that the investigated public water providers regularly conduct cybersecurity awareness training. (F-01, F-02. F-03, F-04)
R-05. The Grand Jury recommends that the investigated public water providers address recovery from cybersecurity incidents in their business recovery plans. (F-01, F-02, F-03, F-09)
R-06. The Grand Jury recommends that each investigated public water provider establish a CISA-compliant internal protocol for reporting cyber incidents. (F-01, F-02, F-03, F-06)

RESPONSES
Responses required from:

The following agencies within 90 days:

Calleguas Municipal Water District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
Camrosa Water District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
Casitas Municipal Water District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
Triunfo Water District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
United Water Conservation District (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
Ventura County Public Works Agency (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Camarillo Department of Public Works (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Fillmore Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Oxnard Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Port Hueneme Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Santa Paula Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
City of Simi Valley Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)
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Cybersecurity of Water Providers in Ventura County 7
City of Thousand Oaks Public Works Department (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06) City of Ventura, Ventura Water (F-01, F-02, F-03, F-04, F-05, F-06, F-07, F-08, F-09) (R-01, R-02, R-03, R-04, R-05, R-06)

REFERENCES
Ref-01. Cybersecurity & Infrastructure Security Agency. Alert (AA21-042A):

Compromise of U.S. Water Treatment Facility, February 12, 2021. https://www.cisa.gov/uscert/ncas/alerts/aa21-042a Accessed May 7, 2022
Ref-02. Collier, Kevin. NBC News, June 17, 2021. 50,000 Security Disasters Waiting to Happen: The Problem of America's Water Supplies. https://www.nbcnews.com/tech/security/hacker-tried-poison-califwater-supply-was-easy-entering-password-rcna1206 Accessed May 7, 2022
Ref-03. Water Information Sharing and Analysis Center (Water ISAC). Insider Threat - Former Employee Indicted for Unauthorized Computer Access with Intent to Harm a Kansas Public Water District, October 21, 2021. https://www.waterisac.org/portal/updated-october-21-2021-insiderthreat-–-former-employee-indicted-unauthorized-computer Accessed May 7, 2022
Ref-04. Cybersecurity & Infrastructure Security Agency, Alert (AA21-287A):

Ongoing Cyber Threats to U.S. Water and Wastewater Systems, October 14, 2021. https://www.cisa.gov/uscert/ncas/alerts/aa21-287a Accessed May 7, 2022
Ref-05. Interviews with Ventura County water providers
Ref-06. Germano, Judith H. Cybersecurity Risk & Responsibility in the Water Sector. American Water Works Association, 2019.
https://www.awwa.org/Portals/0/AWWA/Government/AWWACybersec urityRiskandResponsibility.pdf Accessed May 7, 2022
Ref-07. Cybersecurity & Infrastructure Security Agency. Cyber Security Practices for Industrial Control Systems.
https://www.cisa.gov/sites/default/files/publications/Cybersecurity_Be st_Practices_for_Industrial_Control_Systems.pdf Accessed May 7, 2022
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2021-2022 Ventura County Grand Jury Final Report
8 Cybersecurity of Water Providers in Ventura County
Ref-08. The White House. Fact Sheet: Biden-Harris Administration Expands Public-Private Cybersecurity Partnership to Water Sector, January 27, 2022. https://www.whitehouse.gov/briefing-room/statementsreleases/2022/01/27/fact-sheet-biden-harris-administration-expandspublic-private-cybersecurity-partnership-to-water-sector/ Accessed May 7, 2022
Ref-09. United States Environmental Protection Agency. EPA Announces Action Plan to Accelerate Cyber-Resilience for the Water Sector, January 27, 2022. https://www.epa.gov/newsreleases/epa-announces-action-planaccelerate-cyber-resilience-water-sector Accessed May 7, 2022 Ref-10. United States Environmental Protection Agency. SDWIS Federal Reports Search. Water Systems Summary for Quarter 4 2021. https://ordspub.epa.gov/ords/sfdw/sfdw/r/sdwis_fed_reports_public/2 1?clear=RP,RIR Accessed May 7, 2022
Ref-11. The Metropolitan Water District of Southern California. How We Get Our Water: Infrastructure Serving Our Communities.
https://www.mwdh2o.com/your-water/how-we-get-our-water/ Accessed May 7,2022
Ref-12. Metropolitan Water District of Southern California. Metropolitan’s Water Treatment Plants: Safeguard Public Health, September 2018. https://www.mwdh2o.com/media/4360/water-treatmentplants-fact-sheet-final_web.pdf Accessed May 7,2022 Ref-13. Miller, Joanna M. Working out the Bugs: Calleguas Playing it Safe with New Treatment Plant. Los Angeles Times, September 27, 1995. https://www.latimes.com/archives/la-xpm-1995-09-27-me-50595- story.html Accessed May 7,2022
Ref-14. Ventura County Grand Jury Final Report. Cybersecurity Strategies for Cities in Ventura County, April 17, 2020.
https://vcportal.ventura.org/GDJ/docs/reports/2019-
20/Cybersecurity_Final_Report_2019-2020.pdf. Accessed May 7, 2022 Ref-15. Williamson, Graham. OT, ICS, SCADA – What’s the difference? Kuppingercole Analysts, July 7, 2015.
https://www.kuppingercole.com/blog/williamson/ot-ics-scada-whatsthe-difference Accessed May 7, 2022 Ref-16. Maddison, John. Resolving the Challenges of IT-OT Convergence. CSO.

June 21, 2018. https://www.csoonline.com/article/3283238/resolvingthe-challenges-of-it-ot-convergence.html Accessed May 7, 2022 193
2021-2022 Ventura County Grand Jury Final Report
Cybersecurity of Water Providers in Ventura County 9
Ref-17. Cybersecurity & Infrastructure Security Agency, Alert (AA21-209A):

Top Routinely Exploited Vulnerabilities, August 20, 2021. https://www.cisa.gov/uscert/ncas/alerts/aa21-209a Accessed May 7, 2022
Ref-18. American Water Works Association. Cybersecurity & Guidance: What Water Utility Leaders & Professionals Should Know.
https://www.awwa.org/Resources-Tools/Resource-Topics/RiskResilience/Cybersecurity-Guidance Accessed May 7, 2022 Ref-19. Cybersecurity & Infrastructure Security Agency. CISA Services Catalog. https://www.cisa.gov/publication/cisa-services-catalog Accessed May 7, 2022
Ref-20. California State Water Resources Control Board. https://www.waterboards.ca.gov Accessed May 7, 2022
Ref-21. Cybersecurity & Infrastructure Security Agency. Preparing for and Mitigating Potential Cyber Threats ISA Insights, December 15, 2021. https://www.cisa.gov/sites/default/files/publications/CISA_INSIGHTSPreparing_For_and_Mitigating_Potential_Cyber_Threats-508C.pdf Accessed May 7, 2022
Ref-22. Ekran Systems. 15 Cybersecurity Best Practices to Prevent Cyber Attacks in 2022, April 6, 2022.
https://www.ekransystem.com/en/blog/best-cyber-security-practices Accessed May 7, 2022
Ref-23. Environmental Protection Agency. America’s Water Infrastructure Act of 2018, January 3, 2018. https://www.epa.gov/ground-water-anddrinking-water/americas-water-infrastructure-act-2018-awia Accessed May 7, 2022
Ref-24. American Water Works Association. Emergency Response and Recovery Planning for Water Systems: A Kit of Tools.
https://engage.awwa.org/PersonifyEbusiness/Store/ProductDetails/productId/7944 Accessed May 7, 2022

ATTACHMENTS
Att-01. Ventura County Water Providers by Population Served Att-02. Map of Ventura County Water Purveyors
194
2021-2022 Ventura County Grand Jury Final Report
10 Cybersecurity of Water Providers in Ventura County

GLOSSARY

TERM DEFINITION
ACWA Association of California Water Agencies
AWAVC Association of Water Agencies Ventura County
AWWA American Water Works Association
CISA Cybersecurity & Infrastructure Security Agency
CWS Community Water Systems
DHS Department of Homeland Security
EPA Environmental Protection Agency
FBI Federal Bureau of Investigation
IT Information Technology
OT Operational Technology
SCADA Supervisory Control and Data Acquisition
VPN Virtual Private Network
Water ISAC Water Information Sharing and Analysis Center 195
2021-2022 Ventura County Grand Jury Final Report
Cybersecurity of Water Providers in Ventura County 11
Attachment-01
Ventura County Waster Providers by Population Served
196
2021-2022 Ventura County Grand Jury Final Report
12 Cybersecurity of Water Providers in Ventura County
The Grand Jury developed this pie chart and the following table with data from EPA Safe Drinking Water Information Service Federal Reports Search. (Ref-10)

COMMUNITY WATER PROVIDERS POPULATION SERVED
Oxnard Water Department 200,232
(City of) Ventura Water 113,500
Ventura CWWD No. 8 - Simi Valley 94,738
Cal American Water Company 69,828
Thousand Oaks Water Department 53,157
Golden State Water Company - Simi Valley 43,934
Camarillo Water Department 40,481
Ventura CWWD NO. 1 - Moorpark 38,703
Camrosa Water District 30,000
City of Santa Paula 29,321
Port Hueneme Water Department 21,926
California Water Service Company - Westlake 19,477
Fillmore Water Department 15,222
Oak Park Water Service (now Triunfo) 12,200
Casitas Municipal Water District 11,042
23%
13%
11%
6%
5%
5%
3%
3%
3%
2%
1%
5%
20%

VENTURA COUNTY COMMUNITY WATER PROVIDERS
(by population served)
Oxnard Water Dept
Ventura City Water Department
Ventura CWWD No. 8 (Simi Valley)
Thousand Oaks Water Dept
Camarillo Water Department
Ventura CWWD No. 1 (Moorpark)
Camrosa Water District (Camarillo &
Santa Rosa Valley)
City of Santa Paula
Port Hueneme Water Dept
Fillmore Water Dept
Casitas Municipal Water District
Small Public Community Water
Systems
197
2021-2022 Ventura County Grand Jury Final Report
Cybersecurity of Water Providers in Ventura County 13

COMMUNITY WATER PROVIDERS (CONTINUED) POPULATION SERVED Ojai Water System 6,712
Ventura River Water District 5,700
Channel Islands Beach CSD 5,180
Pleasant Valley Mutual Water Company 5,000
Meiners Oaks CWD 4,200
Naval Base Ventura County, Port Hueneme 3,500
Ventura CWWD No. 19 - Somis 3,275
Warring Water Service Inc. 2,100
Cal American Water Company - Las Posas Estates 2,049
Ventura CWWD No. 17 - Bell Canyon 2,049
Crestview Mutual Water Company 2,040
Vineyard Avenue Acres MWC 1,820
Cal American Water Company - Rio Plaza 1,716
Naval Base Ventura County, Point Mugu 1,700
Ventura CWWD No. 38 - Lake Sherwood 1,527
Vineyard Ave Estates MWC 1,200
Dempsey Road Mutual Water Company 990
Rio Manor Mutual Water Company 983
Nyeland Acres Mutual Water Company 915
Garden Acres Mutual Water Company 840
Limoneira Ranch #1 832
Senior Canyon Mutual Water Company 800
Yerba Buena Water Company 690
Rancho Sespe Workers Imp Association 600
Cloverdale Mutual Water Company 455
Strickland Acres 429
Saviers Road Mutual Water Company 368
Fillmore Irrigation Company 353
Sisar Mutual Water Company 340
Siete Robles Mutual Water Company 323
Casitas Mutual Water Company 238
Cypress Mutual Water Company Inc. 228
Del Norte Mutual Water Company 211
Saticoy Club (Ventura Water) 196
U.S.N., San Nicolas Island 187
Glenview Mobile Park 160
Navalair Mobile Home Park 160
Elkins Ranch 150
Middle Road Mutual Water Company 134
Solano Verde Mutual Water Company 100
198
2021-2022 Ventura County Grand Jury Final Report
14 Cybersecurity of Water Providers in Ventura County

COMMUNITY WATER PROVIDERS (CONTINUED) POPULATION SERVED Fillmore West Mobile Home Park 99
Tico Mutual Water Company 70
South Mountain Mutual Water Company 58
Community Mutual Water Company 53
Esterina Properties 50
San Cayetano Mutual Water Company 46
Krotona Institute 31
Rincon Water & Road Works 25
Waters Road Domestic Users Group 25
199
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Cybersecurity of Water Providers in Ventura County 15
Attachment-02
Map of Ventura County Water Purveyors
200
2021-2022 Ventura County Grand Jury Final Report
16 Cybersecurity of Water Providers in Ventura County
201
r__ COUNTY f e VENTURA
Grand Jury
800 South Victoria Avenue
Ventura, CA 93009
Tel (805) 477-1600
Fax (805) 658-4523
grandjury.countyofventura.org
Response to 2020-2021 Ventura County Grand Jury Report Form (Please See California Penal Code Section 933.05)
Report Title: Cybersecurity of Water Providers in Ventura County Responding Entity: City of Oxnard Public Works Department

FINDINGS
• I (we) agree with the Findings numbered: _
• I (we) disagree wholly or partially with the Findings numbered: _ (Attach a statement specifying any portions of the Findings that are disputed; include an explanation of the reasons.)

RECOMMENDATIONS
• Recommendations numbered have been implemented.
(Attach a summary describing the implemented actions.)
• Recommendations numbered have not yet been
implemented but will be implemented in the future.
(Attach a summary indicating the timeframe for implementation.) • Recommendations numbered require further analysis.
(Attach an explanation to include: scope and parameters of the analysis or study and time frame for the matter to be prepared for discussion with the agency or department head. The timeframe shall not exceed six months from the date of publication of the report.)
• Recommendations numbered will not be implemented
because they are not warranted or are not reasonable.
(Attach an explanation.)
Date: _ Signed: _
Title: _
Number of pages attached:
202
SUPPLEMENTAL RESPONSE TO 2020-2021 VENTURA COUNTY GRANT

JURY REPORT FORM
Cybersecurity of Water Providers in Ventura County
Findings
F-02: The City of Oxnard (“City”) is not able to agree or disagree with this finding. However, the City does note that the City operates and manages a standalone SCADA network independent from the City IT and performs routine cybersecurity tests, penetration tests, firewall protection and three layers of password access.

F-04: The City is not able to agree or disagree with this finding as we are not privy to the cybersecurity training of the other water providers.

F-05: The City is not able to agree or disagree with this finding as we are not privy to the cybersecurity assessment of the other water providers. However, the City does note that the City Water SCADA system is analyzed routinely and performs an annual penetration test for cybersecurity and integrity purposes.

F-09: The City is not able to agree or disagree with this finding as the City is not privy to the other water providers cyber incident business recovery plans. 203
2 Recommendations
R-01: This response is subject to the Grand Jury Report's "Limitations to Scope" and "Discussion" sections, which limit our response to OT and SCADA. The City’s Water Division has implemented this recommendation. The Water Division is a member Cybersecurity & Infrastructure Security Agency (“CISA”) where security updates and cyber reports are shared and reported along with best available practices. The Water Division operates on a stand-alone SCADA platform that is not connected in any way to the City’s IT network. The Water Division uses a third-party consultant to conduct periodic SCADA Security Penetration Tests to ensure the integrity of the SCADA system, identify any cyber access attempts and fortify the cyber security protection of the water divisions SCADA system. The Water Division uses three layers of separate passwords for access and a firewall for additional cyber security protection.

R-02: The City’s Water Division has not implemented this recommendation, but will implement this recommendation by the end of 2023.

R-04: Subject to the Grand Jury Report's "Limitations to Scope" and "Discussion" sections, which limit our response to OT and SCADA, we will begin conducting regular trainings by the end of 2022.

R-06: The City’s Water Division has implemented this recommendation. The Water Division is a member CISA where security updates and cyber reports are shared and reports can be made.

The Water Division Manager or the Water Operations Manager notifies the Assistant Public Works Director and the Public Works Director of cyber security incidents and follow the following CISA Incident Notification Protocol.
204

FINANCE AND GOVERNANCE COMMITTEE

AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: July 28, 2022
TO: Finance & Governance Committee
FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Approval of Four Annual Citywide Blanket Purchase Orders with amounts greater than $200,000 each.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute Blanket Purchase Orders with Amazon Business for $300,000, Grainger, Inc. for $250,000, Office Depot for $225,000, and Tri-County Office Furniture for $250,000, each utilizing competitively bid and awarded cooperative agreements for daily operations for a period of July 1, 2022, to June 30, 2023. (Finance and Governance Committee approved 3-0.)

BACKGROUND
A blanket purchase order (BPO) is an agreement established with a vendor to fill repetitive needs for goods.

BPOs make it easier for the vendor and departments to fill recurring needs, while using the City's full buying power by taking advantage of quantity discounts, saving administrative time, and reducing paperwork. BPOs are established as purchase orders with a maximum order amount or not to exceed (NTE) amount, rather than for a specific amount.

DISCUSSION
Each fiscal year, departments and divisions require a quick and efficient method to procure goods needed to accomplish their mission. Blanket purchase orders are a tool the City of Oxnard utilizes, as do many other public agencies, in order to satisfy this need. The blanket purchase orders proposed in this report will be issued using cooperative agreements that have been bid and awarded in accordance with local, State and, in many instances, federal laws that govern public procurement, and other public agencies, like the City, are invited to utilize the terms and conditions of purchase.

Below is a list of recommended BPOs to be used citywide that will be awarded through a cooperative agreement, with an annual NTE amount greater than $200,000 that require the Mayor or most senior Council Member’s approval and signature. While the contracts continue past this fiscal year, we are only requesting authorization for the current fiscal year.

Vendor Name
Cooperative Cooperative
Agreement
FY 2022-23
Recommended
205
Cooperative
Agreement
Agreement
Number
Initial
Expiration Date
Not to Exceed
Amount
Amazon Business OMNIA
Partners
MA3457 5/5/2025 $300,000
Grainger, Inc. OMNIA
Partners
2018-000207 6/30/2025 $250,000
Office Depot OMNIA
Partners
R190303 6/30/2024 $225,000
Tri-County Office
Furniture
OMNIA
Partners
2020000622 12/31/2024 $250,000
The Purchasing Division of the Finance Department requests approval of the four blanket purchase orders for the NTE amounts in the table above. The amounts suggested are based on data collected from departments’ FY 2022-23 forecasted spending with each vendor, rising inflation, unpredictability for cost of goods, and a significant number of vacancies that once filled may require the purchase of office furniture. As reference, previous spending, by vendor, is provided in the table below.

Vendor FY 19-20 FY 20-21 FY 21-22 (thru
mid-June)
3-Year Average
Amazon Business $277,101 $244,090 $288,695 $279,271
Grainger, Inc. $189,281 $198,694 $177,354 $194,941
Office Depot $145,366 $157,729 $151,720 $156,833
Tri-County Office
Furniture
$126,673 $163,924 $234,072 $180,920

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
Before a purchase is made from any of the four BPO vendors, Finance and the Department requesting the purchase will ensure that there are sufficient appropriations in each department's FY 2022-23 approved budget.

Prepared by: Jennifer Yates, Purchasing Manager

ATTACHMENTS

1. BPO8719 Amazon

2. BPO8720 Grainger

3. BPO8722 Office Depot

4. BPO8723 Tri-County Office Furniture
206
207
208
209
210
211
212
213
214
215
216
217
218

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8
DATE: July 28, 2022
TO: City Council
FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected] SUBJECT: Second Amendments to Gallagher Benefit Services Agreements for Recruitment, Classification and Market Study.

RECOMMENDATION
That the City Council:

BACKGROUND
The City entered into a contract with Gallagher Benefit Services for the Classification and Market Study, agreement 9109-21-HR, in January 2021 for $50,000 with a termination date of December 31, 2021. A First Amendment was approved in August 2021 to increase by $25,000 for a total not to exceed of $75,000. This Second Amendment will extend the agreement to December 31, 2022, and add an additional $75,000. The additional funds will be used for consulting to finalize the implementation of the Classification and Compensation Study.

The City entered into a contract with Koff and Associates for Recruitment Services. This agreement provides recruitment services for executive searches and hard-to-fill positions. On April 30, 2021, Gallagher Benefit Services bought Koff and Associates. Agreement 9338-21-HR was approved in July 2021 for $70,000 under Gallagher Benefit Services. A First Amendment was approved in April 2022 to extend the agreement to December 31, 2022, and add an additional $30,000 for a total agreement of $100,000. This Second Amendment will extend the agreement to June 30, 2023, and add an additional $100,000 for a total agreement of $200,000.

FINANCIAL IMPACT
219
Fiscal Year 2022-23 funding to cover the cost of these amendments is available as follows: $75,000 from the General Fund (Account 101-1701-801.82-09, 9109-21-HR) and $100,000 from various departmental operating budgets (9338-21- HR).

COMMITTEE OUTCOME
The Finance and Governance Committee approved item 3-0.

Prepared by: Casey Clay, Human Resources Manager

ATTACHMENTS

1. Original Agreement with Gallagher Benefits Services, Inc. (9109-21-HR)

2. First Amendment with Gallagher Benefit Services, Inc. (9109-21-HR)

3. Second Amendment with Gallagher Benefits Services, Inc. (9109-21-HR)

4. Original Agrement with Gallagher Benefit Services, Inc. (9338-21-HR)

5. First Amendment Ballagher Benefits Services, Inc. (9338-21-HR)

6. Second Amendment with Gallagher Benefits Services, Inc. (9338-21-HR) 220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
Agreement No. 9109-21-HR

SECOND AMENDMENT TO CONSUL TING SERVICES
This Second Amendment ("Second Amendment") to the Consulting Services ("Agreement") is made and entered into in the County of Ventura, State of California, 20th day of June, 2022, by and between the City of Oxnard, a municipal corporation ("City"), and Gallagher Benefit Services, Inc. ("Consultant"). This Second Amendment amends the Agreement entered into on January 15, 2021, by City and Gallagher Benefits Services, Inc. The Agreement previously has been amended on August 11, 2021, by a First Amendment.

City and Consultant agree as follows:

1. The Agreement ending date in Section 5 of the Cover Page of the Agreement is hereby amended to 12/31/2022

2. The amount in Section 6 of the Cover Page of the Agreement is hereby amended to "$150,000."

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
AGREEMENT FOR PROFESSIONAL SERVICES (V0l/29/15)
238
Agreement No. 9338-21-HR
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19)
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD GALLAGHER BENEFITS SERVICES, INC.
☐ John C . Z aragoza, M ayor1 Date Georg S. Krammer, Managing Director Date ☐Alexander Nguyen, City Manager
☐Jennifer Yates, Purchasing Manager
☐___________, Buyer
Catherine B. Kaneko, Treasurer Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 239
Agreement No. 911>1-21-HR

FIRST AMENDMENT TO CONSUL TSING SERVICES
This First Amendment ("First Amendment") to the Consulting Services ("Agreement") is made and entered into in the County of Ventura, State of California, 11th day of August, 2021, by and between the City of Oxnard, a municipal corporation ("City"), and Gallagher Benefit Services ("Consultant"). This First Amendment amends the Agreement entered into on January 15, 2021, by City and Consultant.

City and Consultant agree as follows:

I. The amount in Section 6 of the Cover Page of the Agreement is hereby amended to "$75,000."
' As so amended, the Agreement remains in full force and effect. !,Signatures on next page]
FIRST AI\IENDMF:NT TO CONSULTING SERVICES (V-01-17-19)) 240
Agreement No. 91Q'\-2l-HR
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD
01 ohn C. Zaragoza, Mayor1 Date
D .Nlexander Nguyen, City Manager
15ZJ Daniel Willhite, Purchasing Manager
□------- Buyer
ATTEST:

NA
Rose Chaparro, City Clerk Date
( only if Mayor signs)
APPROVED AS TO FORM:

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

GALLAGHER BENEFIT SERVICES
Mike Verdoorn, Principal Consultant Date
Date
1 The City Council must authorize and the Mayor must sign the amendment if the original contract and all amendments collectively total over $200,000 annually. The City Manager may authorize and sign the amendment if the original contract and all amendments collectively total over$ I 00,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign the amendment if the original contract and all amendments collectively total up to $100,000 annually. A Buyer may authorize and sign the amendment if the original contract and all amendments collectively total up to $25,000 annually,
FIRST AMENDMENT TO CONSULTING SERVICES (V-01-17-19)
241
4'I I e ■ 7 Tl Ne. tl"4l ...
wriltm above.

IN WITNESS WHBREOF, the paztiea bmto have executod the Amendment on the daN fint CITY or OXNARD
Jabil C, 7.lrllDa, Mayor1 Date
AJeraoder
Dlaiel WUlhite.

Nguyen.

Pinbuina
City Meapr
Manager
___ _,Buyer
ATIEST:

NA
Role Cblplr10. City Clerk
(llllly if Mayor lip)
APPROVED AS TO FORM:
ktrtroltt
S11.phen M. Flllcber, City DIile
(always required)
GALL�GIIER UNEffl SDlVIC,U
.u lJc-,., .. u.,
Miko Verdoom. · Coosulllm Dale
___, __
1 '11114:'10Quncll lllllll lllldtodalllll llie MtYl!f 7111111 llp lllt ......-1rlhearfplljlllll!l'llllllllllall • $ 11•1 colilellwiy IOIIII OWf -.000 wily. ,,_ City Min1111' NY ............ M 11 I I If llltorfpill_..11111111• h11tt�ylOIII-SIOO,OOOl1111p111...- yt.'1111 PIii t 171 Mpnp -..y ..,._ 111d 1Jp d1um■ld1111111 lflhurfatnal __. .. Ill ttt toll� IDlll l!PIOSI00,000--11y, A lllys dy llllbol1iil atd1lan lllttnlllld.-t trdWqlall coallllllld 1111 ............ �111111 up IO n,,ooo ..-ll�.
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242

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: 1/15/2021
(2) Consultant: Gallagher Benefits Services
(3) Services: Classification and Compensation Market Study (4) Schedule of Services: See Scope of Services:
(5) Agreement Ending Date: 12/31/2021
(6) Total Agreement Amount: $50,000
(7) City's Project Manager: Steve Naveau
(8) Consultant's Project Manager: Mike Verdoom
(9) Insurance Coverage: INS-B
(10) Addresses for Notice:

FOR CONSULTANT:
901 Marquette Ave. S., Ste. 1900
Minneapolis, MN 55402
Attn: Mike Verdoom,
(11) Contact Emails:

FOR CITY:
300 W. 3rd St. First Floor
Oxnard, CA 93030
Attn: Steve Naveau,
Agreement No. 9109-21-HR

CONSULTANT'S PROJECT
MANAGER:

CITY'S PROJECT MANAGER:

Mike [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:

X Scope of Services Exhibit
X Rates and Costs Exhibit
□ Insurance Exhibit (INS-B)
243
Agreement No. 9109-21-HR

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVlCES ("Agreement") is entered into in Ventura County, California, on the date that is written as "(l) 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:
l, 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 tenns of this Agreement and any incorporated docurnent(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 "(I) 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. fnvoices 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 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 perfonned 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

Page 8 ends

AGREEMENT FOR PROFESSIONAL SER VICES (V-07/26/18)
244
Agreement No. 9109-21-HR
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 Consuhant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and pieserve 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 l O 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 l O 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 Indernnit;y.

If Consultant provides any architectural, landscape architectural, engineering or land surveying ("design professional") services, to the maximum extent permitted by law, Consultant shaU hold harmless, defend, and

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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, reckJessness, 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 cotmsel 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 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 lndemnitees 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 perfonnance 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 Exru'bit.

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.

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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 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.

7. 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 soLrrce 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. e. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information's disclosLrre 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

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written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, wiless 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 injtmction 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 wider this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.

This Section 17 shall survive the termination of this Agreement

18. Indem,ndeut Contractor. D:insu.hant is ·and shall at all limes r�main, 1lll to City, a wholly indepGndcn contractor. Ncilber Cify oor �y of its ,employees or ·agents shall have control over the condm:t of C11ns11ltmt or y of its employees, except as •'itated in thi!i Agreement. Consultant has. and $h�ll t'etain e right o exercise full control over lhe �toyrrumt. direction, mcalls of performance. locaf an. com_pensatioo and dischat'Je of aU pt.-rsoru; assi ting 0;1nsulrant, and. it is free o dispose of an portions of its ti..me whlcb it i� not obligated to devor to City in .such a. manner and to 5:UCb persons, .&ms, o corpomtions as Consultant wishes exciipt a� expressly provided in this Agr ®ellt. To" Agreemc-nt . · all not be :interpreted to pr� Gllt or predude Consultao. from re.ncl ring any services for Consultant own ac.coun· or to any oth!W p-ers or entity as Cons�tant m. its �olc dl�etio shalt detennincprovided. owever. !hat pwformin1:5 such services shall not mmeriruly tnterfure with the Services Commltant sh.a l 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 behalfof 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, 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. NondiscriminatO[)' Uinployment. 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 i.t 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, commitrmmts, or

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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. [n 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 1870l(a)(2) 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.

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 dwing 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.

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Oxnard City CouncilJuly 28, 2022

Oxnard City Council
July 28, 2022