Agenda packet — Oxnard City Council, July 27, 2023 (part 2 of 2)

224

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

HA00690AA

ADD: 7Y ESSENTIAL

SERVICE HTP

155

$386.00

$59,830.00

2 NNTN8860A

CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 115VAC, US/NA

155

$186.50

$139.88

$21,681.40

3 PMMN4099CL

AUDIO ACCESSORY-

REMOTE SPEAKER
MICROPHONE,IP68 REMOTE

SPEAKER
MICROPHONE,3.5MM,UL

200

$142.56

$106.92

$21,384.00

4 HLN6875A

BELT CLIP 3 INCH

100

$14.04

$10.53

$1,053.00

5 PMLN7903A

CARRY ACCESSORY-
CASE,APX6000 CC 3 FIX BL

TIA BATTERY

100

$72.36

$54.27

$5,427.00

6 NAR6594A

ANT VHF / 7/800/GPS

50 $81.00

$60.75

$3,037.50

APX™ 8500

7 M37TSS9PW1AN

APX8500 ALL BAND MP
MOBILE

245

$5,893.68

$3,713.02

$909,689.90

G806BL

ENH: ASTRO DIGITAL CAI OP
APX

245

$567.00

$357.21

$87,516.45

G361AH

ENH: P25 TRUNKING

SOFTWARE APX

245

$330.00

$207.90

$50,935.50

G51AT

ENH:SMARTZONE

245

$1,650.00

$1,039.50

$254,677.50

GA05509AA

DEL: DELETE UHF BAND

245

-$800.00

-$504.00

-$123,480.00

G843AH

ADD: AES ENCRYPTION AND
ADP

245

$523.00

$329.49

$80,725.05

GA00580AA

ADD: TDMA OPERATION

245

$495.00

$311.85

$76,403.25

GA00250AA

ADD: WIFI/GNSS STUBBY
ANTENNA LMR240

245

$110.00

$69.30

$16,978.50

GA01513AB

ADD: ALL BAND MOBILE
ANTENNA (7/8/V/U)

245

$105.00

$66.15

$16,206.75

GA01670AA

ADD: APX E5 CONTROL
HEAD

245

$717.00

$451.71

$110,668.95

G444AH

ADD: APX CONTROL HEAD

SOFTWARE

245

$0.00

G67EH

ADD: REMOTE MOUNT E5 MP

245

$327.00

$206.01

$50,472.45

QUOTE-2143448
(155) APX 8000/(245) APX 8500

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 4 ends

225

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

GA01517AA

DEL: NO J600 ADAPTER

CABLE NEEDED

245

$0.00

B18CR

ADD: AUXILIARY SPKR 7.5

WATT APX

245

$66.00

$41.58

$10,187.10

W22BA

ADD: STD PALM

MICROPHONE APX

245

$79.00

$49.77

$12,193.65

HA00694AA

ADD: 7Y ESSENTIAL

SERVICE HTM

245

$604.80

$148,176.00

FLASHport Series

APX8000FLASHPORT

8 T8549A

ANALOG CONVENTIONAL

1 $0.00

$0.00

QA00580AB

ENH: TDMA OPERATION

101

$569.00

$455.20

$45,975.20

Q327BH

ENH: UPGRADE

CONVENTIONAL TO SMART

101

$1,012.00

$809.60

$81,769.60

QA09001AC

ENH: WI-FI CAPABILITY FLP

101

$380.00

$304.00

$30,704.00

Q361AP

ENH: P25 9600 BAUD

TRUNKING

101

$380.00

$304.00

$30,704.00

Q808AK

ADD: ASTRO DIGITAL CAI

OPERATION

101

$651.00

$520.80

$52,600.80

QA03399AB

ADD: ENHANCED DATA

101

$190.00

$152.00

$15,352.00

9 HKN6184C

CBL ASSY:CABLE CH,

PROGRAMMING, USB

1 $57.20

$45.76

10 NNTN8844A

CHARGER, MULTI-UNIT,
IMPRES 2, 6-DISP, NA/LA-

PLUG, ACC USB CHGR

4 $1,705.20

$1,278.90

$5,115.60

11 PMNN4486A

BATT IMPRES 2 LIION R IP67
3400T

24 $188.27

$141.20

$3,388.80

Subtotal
$4,842,785.58

Total Discount Amount
$1,880,098.37

Estimated Tax

$254,808.01

Grand Total

$3,217,495.22(USD)

Notes:

QUOTE-2143448
(155) APX 8000/(245) APX 8500

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 5 ends

226

●

Essential Services Not Taxable in Cal.

QUOTE-2143448
(155) APX 8000/(245) APX 8500

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 6 ends

227

TERM CONTRACT AWARD
CONTRACT NO:

MA-IS-2240228-1

VERSION DATE
INTERNAL SERVICES DEPARTMENT PROCUREMENT FOLDER: 2371000

MOTOROLA SOLUTIONS INC
725 S. FIGUEROA ST., STE. 1855
LOS ANGELES CA 90017
BUYER: Lorena Sandoval
PHONE: 323-267-2206
EMAIL: [email protected]
VENDOR NO: 033256
CONTACT: Jeff Ashton
PHONE: 954-605-3762
FISCAL YEAR:

EFFECTIVE DATE: 07/01/22
EXPIRATION: 06/30/25

RADIO COMMUNICATIONS (MOTOROLA)
LINE
NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 1 COMMODITY CODE: 725-45-00-028600

END DATE

RADIO COMMUNICATIONS EQUIPMENT
MFG: MOTOROLA
% DISCOUNT: SEE EXHIBIT A _ 2022-2025
DISCOUNT DATED JULY, 1, 2022

0.000 DISCOUNT 0.0000 %
2 COMMODITY CODE: 962-86-00-043391

END DATE

FREIGHT
(SEE PAGE 17 OF EXHIBIT A FOR

FREIGHT/SHIPPING CHARGE DETAILS)
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0.000 EA ITEM $ 0.000000

COUNTY OF LOS ANGELES VENDOR SIGNATURE/DATE
228

SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
2 2
TERMS & CONDITIONS OF PURCHASE FOR CONTRACT MA-IS-2240228 NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DATABASE NUMBERING SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE AGREEMENT NUMBER 2240228 (TERM: 2022 - 2025) WILL HAVE A NEW NUMBER ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 2240228.

ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.*** ****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH RADIO COMMUNICATIONS AS AN ADDTIONAL FEATURE (I.E DESK
OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.**** CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. NO OTHER

CONDITIONS OR MODIFICATIONS OF THESE TERMS AND CONDITIONS WILL BE

EFFECTIVE UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE COUNTY OF LOS ANGELES (COUNTY). FAILURE OF COUNTY TO OBJECT TO PROVISIONS

CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION

FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION.

1. TERMS OF AGREEMENT:

THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT:

A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS. (TO BE DONE IN 12 MONTH INCREMENTS).

B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED AGREEMENT.

C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS.

VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RATES, TERMS AND CONDITIONS.

ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY, AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION.
2 DELIVERY: DELIVERY SHALL BE AS STATED HEREIN. WHEN USING COMMON

CARRIERS, COUNTY RESERVES THE RIGHT TO DESIGNATE THE TRANSPORTATION CARRIER. FAILURE ON THE PART OF VENDOR TO ADHERE TO SHIPPING TERMS

SPECIFIED HEREON OR WRITTEN AGREEMENT MAY, AT COUNTY'S DISCRETION,

RESULT IN ADDITIONAL HANDLING COSTS BEING DEDUCTED FROM VENDOR'S INVOICE. COST OF INSPECTION ON DELIVERIES OR OFFERS FOR DELIVERY WHICH DO NOT MEET SPECIFICATIONS WILL BE FOR THE ACCOUNT OF VENDOR.

UNLESS OTHERWISE SET FORTH HEREIN, ALL ITEMS SHALL BE SUITABLE PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING DOCUMENTS AND CONTAINERS.
3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF.

INVOICES MUST STATE THAT THEY COVER, AS THE CASE MAY BE, COMPLETE OR PARTIAL DELIVERY, AND MUST SHOW UNITS AND UNIT PRICES.

INVOICES WILL NOT BE PAID UNLESS AND UNTIL THE REQUIREMENTS HAVE BEEN FULLY MET. WHEN PRICE SHOWN IS A DELIVERED PRICE, ALL

TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO DESTINATION.
229

SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
3 3
4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE

EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN

BUSINESS AS A SELLER (IF A CA COMPANY) OR ITS RETAILER'S CERTIFICATE OF REGISTRATION - USE TAX (IF NOT CA COMPANY). WITHOUT ONE OF THESE NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR. 5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S

RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 2240228 IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES

SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR CONTRACT (WHICHEVER IS GREATER).
6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER.

THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S ACCEPTANCE OF THE ITEM OR SERVICE. VENDOR WARRANTS THAT THE ITEMS

MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION

OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR ADMINISTRATIVE BODY.

DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE

WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL

ALL OR PART OF A PURCHASE ORDER AT NO COST AND FOR ANY REASON BY GIVING WRITTEN NOTICE TO VENDOR AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT EXCEEDING ONE PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE

ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY (30) CALENDAR DAYS PRIOR WRITTEN NOTICE.
8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES

WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF ALIENS AND OTHERS.
8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT.
9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL

FEDERAL, STATE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS CONCERNING HAZARDOUS MATERIALS AND TOXIC SUBSTANCES.
10 COVENANT AGAINST GRATUITIES: VENDOR WARRANTS THAT NO GRATUITIES (IN THE FORM\OF ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR

GIVEN BY VENDOR, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY

OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A

PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY DETERMINATION CONCERNING THE PERFORMANCE OF THE PURCHASE ORDER.

IN THE EVENT OF BREACH OF THIS WARRANTY, COUNTY SHALL BE ENTITLED

TO PURSUE THE SAME REMEDIES INCLUDING, BUT NOT LIMITED TO,

TERMINATION, AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF VENDOR'S DEFAULT.
11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH

COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AWARD OF A 230

SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
4 4

PURCHASE ORDER OR ANY COMPETING AGREEMENT, AND NO SPOUSE OR

ECONOMIC DEPENDENT OF SUCH EMPLOYEE, SHALL BE EMPLOYED IN ANY

CAPACITY BY VENDOR, OR HAVE ANY OTHER DIRECT OR INDIRECT FINANCIAL INTEREST IN THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR,

WHO MAY FINANCIALLY BENEFIT FROM THE AWARD OF A PURCHASE ORDER SHALL

IN ANY WAY PARTICIPATE IN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN

ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S APPROVAL OR ONGOING EVALUATION.
11A--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS,

ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED DURING THE TERM OF THE PURCHASE ORDER. VENDOR WARRANTS THAT IT IS NOT AWARE OF ANY FACTS WHICH CREATE A CONFLICT OF INTEREST. IF

VENDOR HEREAFTER BECOMES AWARE OF ANY FACTS WHICH MIGHT REASONABLY

BE EXPECTED TO CREATE A CONFLICT OF INTEREST, IT SHALL IMMEDIATELY MAKE FULL WRITTEN DISCLOSURE OF SUCH FACTS TO COUNTY. FULL WRITTEN

DISCLOSURE SHALL INCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF

ALL PERSONS IMPLICATED AND A COMPLETE DESCRIPTION OF ALL RELEVANT CIRCUMSTANCES.
12 GOVERNING LAW AND VENUE: THIS PURCHASE ORDER SHALL BE GOVERNED

BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. VENDOR AGREES AND CONSENTS TO THE EXCLUSIVE

JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR ALL

PURPOSES REGARDING THIS PURCHASE ORDER, AND FURTHER AGREES AND

CONSENTS THAT VENUE OF ANY ACTION HEREUNDER SHALL BE EXCLUSIVELY IN THE COUNTY OF LOS ANGELES, CALIFORNIA.
13 INDEMNIFICATION: VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS

COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND

ALL LIABILITY, EXPENSE, INCLUDING DEFENSE COSTS AND LEGAL FEES, AND

CLAIMS FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM OR CONNECTED

WITH ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR ASSOCIATED WITH VENDOR'S

NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED HEREUNDER.

IF AN INFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE

PROCURE FOR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT, REPLACE

OR MODIFY IT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING

FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN.

THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY ACCEPTED ACCOUNTING STANDARDS FOR SUCH EQUIPMENT AND SOFTWARE.

VENDOR WILL HAVE NO DUTY TO DEFEND OR INDEMNIFY FOR ANY INFRINGEMENT

CLAIM THAT IS BASED UPON (I) THE COMBINATION OF THE EQUIPMENT OR

VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE

NOT FURNISHED BY MOTOROLA AND THAT IS ATTACHED TO OR USED IN CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY

COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOING STATES

THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS

AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS THEREOF.

THIS INDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY

REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE. 14 LIABILITY INSURANCE:
231

SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
5 5

THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH

LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU,

REPLACEMENT IS TO BE MADE BY SUPPLIER WITHIN TIME QUOTED FOR ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED

SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF

NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE

EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE COUNTY.

THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR

DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT,

WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, OR

OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER

LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.

ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR

DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT,

OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS

AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS

LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE

RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE BROUGHT WITHIN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW. 15 INSURANCE COVERAGE REQUIREMENTS;
GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING:

GENERAL AGGREGATE: $5 MILLION
PERSONAL AND ADVERTISING INJURY: $1 MILLION
EACH OCCURENCE: $5 MILLION
16 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE

PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE

LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES

WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE

AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE.

IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING:

EACH ACCIDENT: $1 MILLION
DISEASE - POLICY LIMIT: $1 MILLION
DISEASE - EACH EMPLOYEE: $1 MILLION
17 INDEMNIFICATION AND INSURANCE REQUIREMENTS

FOR LOS ANGELES COUNTY SERVICE AGREEMENTS
INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS

COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS,

EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY,

INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS,

AND EXPENSES (INCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING

FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING FROM AND/OR RELATING TO THIS AGREEMENT.
232

SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
6 6
GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S

INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT,

CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS

SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO

ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS

MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED BY CONTRACTOR'S OWN EXPENSE.

CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED

ENDORSEMENT
FOR COMPLETED OPERATIONS.

EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE

SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT.

THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS SATISFACTORY EVIDENCE OF INSURANCE.

THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT.

CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:

ATTN:

LORENA SANDOVAL
MA-IS-2240228

COUNTY OF LOS ANGELES - ISD
1100 NORTH EASTERN AVENUE RM # G115
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(1) SPECIFICALLY IDENTIFY THIS AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN THIS AGREEMENT. (3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN
WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF

CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE.
(4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE

COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING THE COUNTY OF LOS ANGELES

ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS

ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE

PROVISIONS OF THE
BLANKET ADDITIONAL INSURED ENDORSEMENT.
(5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS

SUFFICIENT TO
COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO

CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE OF THE
KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT.
18 INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING
OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY.

FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE

REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE

ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE

CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS 233

SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
7 7
AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH.

NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY:
(1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER

THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY

RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE.
(2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR

ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT.
(3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER.
(4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY

KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT.

COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO

COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF

THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO

COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY.

INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR

SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORMING SERVICES UNDER

THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY EITHER:
(1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE

ACTIVITIES OF SUB-CONTRACTORS, OR
(2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS

EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME.
19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE

DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY.

SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE

DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND

VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES.
20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR

IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT

AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND

THE APPLICATION OF SUCH PROVISIONS TO THE OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY. THE RIGHTS AND

REMEDIES PROVIDED HEREIN SHALL NOT BE EXCLUSIVE AND ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY. 20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER CONTRACT 2240228, CONTRACTOR CERTIFIES AND AGREES THAT ALL PERSONS

EMPLOYED BY IT, ITS AFFILIATES, SUBSIDIARIES, OR HOLDING COMPANIES ARE 234

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AND WILL BE TREATED EQUALLY BY IT WITHOUT REGARD TO OR BECAUSE OF

RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX AND IN

COMPLIANCE WITH ALL ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES

THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS WITHOUT

REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX. VENDOR SHALL ALLOW THE COUNTY ACCESS TO ITS

EMPLOYMENT RECORDS DURING THE REGULAR BUSINESS HOURS TO VERIFY COMPLIANCE WITH THESE PROVISIONS WHEN SO REQUESTED BY THE COUNTY.

IF THE COUNTY FINDS THAT ANY OF THE ABOVE PROVISIONS HAVE BEEN

VIOLATED, THE SAME SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT 40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT.

THE PARTIES AGREE THAT IN THE EVENT THE VENDOR VIOLATES THE

ANTI-DISCRIMINATION PROVISIONS OF THE PURCHASE ORDER, THE COUNTY

SHALL, AT ITS OPTION AND IN LIEU OF TERMINATION OR SUSPENDING THIS

PURCHASE ORDER AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES, PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS. 21 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL

APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND

REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS,

OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY,

COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES RESULTING FROM FAILURE OF COMPLIANCE.
22 FORCE MAJURE: NEITHER PARTY WILL BE LIABLE FOR DELAYS IN

PERFORMANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT

LIMITED TO, FIRE, FLOOD, ACT OF GOD OR RESTRICTION OF CIVIL OR MILITARY AUTHORITY.
23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR

DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S

PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION

WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL

CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH

COUNTY MAY IMMEDIATELY TERMINATE THE PURCHASE ORDER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT.

COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD. 24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS

ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON.

COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT.
25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR. 26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED 27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR

MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR

COVENANT OF THIS PURCHASE ORDER OR TO EXERCISE ANY RIGHT HEREUNDER

SHALL NOT BE CONSTRUED AS A WAIVER OF THE FUTURE PERFORMANCE OF ANY

SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO

WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER. 28 ACCEPTANCE: UNLESS EXPLICITLY STATED BY COUNTY AS OTHERWISE,

COUNTY, MAY CONDUCT, AT ITS LOCATION OR ANY OTHER COUNTY DESIGNATED 235

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LOCATION AND AT ITS EXPENSE, AN INCOMING ACCEPTANCE TEST ON ALL ITEMS PURCHASED HEREUNDER. THE ACCEPTANCE TEST PERIOD SHALL NOT EXCEED THIRTY (30) DAYS FROM RECEIPT OF SUCH ITEM(S) BY COUNTY. COUNTY MAY,

AT ITS SOLE DISCRETION, REJECT ALL OR ANY PART OF ITEMS OR SERVICES

NOT CONFORMING TO THE REQUIREMENTS/SPECIFICATIONS STATED IN A PURCHASE ORDER.
29 SPARE PARTS: VENDOR SHALL MAKE SPARE PARTS AVAILABLE TO COUNTY FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY OF THE ITEMS TO COUNTY. IF VENDOR IS UNABLE TO SO PROVIDE SPARE PARTS,

IT SHALL PROVIDE COUNTY WITH THE NAME(S) OF VENDOR'S SUPPLIERS SO

THAT COUNTY MAY ATTEMPT TO PROCURE SUCH UNAVAILABILITY, VENDOR

SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN OBTAINING SPARE PARTS.
30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT AND ANY

ATTACHMENTS HERETO, CONSTITUTES THE COMPLETE AND EXCLUSIVE

STATEMENT OF THE PARTIES WHICH SUPERSEDES ALL PREVIOUS AGREEMENTS,

WRITTEN OR ORAL, AND ALL COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. THIS PURCHASE ORDER SHALL

NOT BE MODIFIED, SUPPLEMENTED, QUALIFIED OR INTERPRETED BY ANY

PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ANY USAGE OF TRADE. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH

IN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER DESIGNEE.
30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE

ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND

IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT, PURCHASE ORDER AND HEREIN.
31 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS

NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE

RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND

AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER. 32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE FACE HEREOF.
32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE:

VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND

CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE.
33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.010,

RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART

OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY

VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL

CONSTITUTE A MATERIAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT

UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THE PURCHASE ORDER AND/OR AGREEMENT.
33A---CONSIDERATION OF HIRING GAIN PROGRAM PARTICIPANTS: SHOULD THE

VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION

FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF

THE PUBLIC SOCIAL SERVICES GREATER AVENUE FOR INDEPENDENCE (GAIN)

PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN 236

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POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN PARTICIPANTS BY JOB CATEGORY TO VENDOR.
34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN

NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO

PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CONSIDERATION IN ANY

FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN

INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE

INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT

WITH RESPECT TO THE AWARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT

OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR 'S PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH

TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR.

CONTRACTOR SHALL IMMEDIATELY REPORT ANY ATTEMPT BY A COUNTY OFFICER OR EMPLOYEE TO SOLICIT SUCH IMPROPER CONSIDERATION. THE REPORT SHALL BE

MADE EITHER TO THE COUNTY MANAGER CHARGED WITH THE SUPERVISION OF THE

EMPLOYEE OR TO THE COUNTY AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE AT 213.974.0914 OR 800.544.6861. IMPROPER CONSIDERATION MAY TAKE THE

FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION

OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE PROMISE OF ANY OF THESE.
35 PARTICIPATING PUBLIC AGENCIES

COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL

DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION,

AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE

PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS

AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE.

THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER, REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER.

PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES

AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A

PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PROCURING PARTY.

THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY

ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE

THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE

OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY.

THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY

MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT.

EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-2240228 AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY

ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE

PROVISIONS OF THIS MPA (EXCEPT FOR PRICING, DELIVERY, PASSAGE OF TITLE AND

RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS)

WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT 237

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WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE. 36 FREIGHT/SHIPPING CHARGES:
1) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE. 2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PRICE QUOTE.
3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY SHALL BE AT COUNTY EXPENSE.
37 PRICING AS PER ATTACHED:

1. EXHIBIT A _ 2022-2025 DATED JULY, 1, 2022
38 WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM

CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL

INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH

CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND

UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON COUNTY AND ITS TAXPAYERS.

UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS

AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND

DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES COUNTY CODE CHAPTER 2.206.
39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS

DEFAULTED PROPERTY TAX REDUCTION PROGRAM

FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT

LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF

NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206. |
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238

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The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and laws of this state and are to be so construed.

PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles.

ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation.

Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.

Vendor will incur payment problems.

County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards.

Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penaltiesas specified in this agreement.

CONTRACTOR RESPONSIBILITY AND DEBARMENT

1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors.

2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County.

3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity.

4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.

5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal.

6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.

7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors. 239

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PROHIBITION AGAINST USE OF CHILD LABOR
VENDOR shall:

1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment.

2. Upon request by COUNTY, identify the country/countries of origin of any products. goods, supplies or other personal property bidder sells or supplies to COUNTY, and

3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions.

Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply.

Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor.

A. Jury Service Program.

This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.

B. Written Employee Jury Service policy.

1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service.

2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement. 240

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3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program.

4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach.

PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.

Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent.

ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county.

B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.

C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.

DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT)

1. The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement or contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).

2. The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

3. Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments.

FEDERAL UNIFORM GUIDELINE CLAUSE
By entering into this Contract/Purchase Order, the Contractor/Vendor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 241

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COMPLIANCE WITH COUNTY POLICY OF EQUITY
The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE), (https://ceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County’s expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability. 242

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5

DATE: July 27, 2023

TO: City Council

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

SUBJECT: Ormond Beach Status Update. (10 minutes)

RECOMMENDATION

That the City Council:

1. Receive an update on the current status of Ormond Beach; and

2. Provide additional comments and indicate its support of the direction of the Ormond Beach Restoration and Public Access Project Plan (OBRAP) document.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/xfVZrNEF2Y8

BACKGROUND

The Ormond Beach area spans two miles of Oxnard’s shoreline from the northwestern boundary of Pt. Mugu Naval Air Station to the Oxnard/Port Hueneme boundary, and extends over a mile inland. The area includes a recreational beach, rare wildlife and natural habitat, active farmland, active industrial operations, and the Halaco Superfund Site. The City of Oxnard is committed to restoring the Ormond Beach area, as reflected in the 2030 General Plan, which identifies numerous goals and policies for the area, including Community Development (CD-22) which encourages the restoration of the Ormond Beach Wetlands while ensuring appropriate public access.

The California State Coastal Conservancy (“SCC”) and The Nature Conservancy (“TNC”) have both acquired property in the Ormond Beach area to restore as much habitat as possible and to facilitate public access. In 2016, the City of Oxnard, the SCC, and TNC (“Project Partners”), entered into a partnership via Memorandum of Understanding (MOU) to collectively protect, manage, and restore the lands owned by the three entities in the Ormond Beach area.

In early 2017, the SCC, with funding assistance from TNC, hired a team of consultants to prepare the Ormond Beach Restoration and Public Access Project Plan (“OBRAP Plan” or “Plan”). The OBRAP area is located within the City of Oxnard and is at this time approximately 630 acres (per Attachment 2) made up of ownership by the City of Oxnard (80 acres), the SCC (260 acres), and TNC (290 acres). The City of Oxnard, SCC, and TNC conducted extensive community and stakeholder outreach to develop the OBRAP (See Community Outreach section of this report). It is important to note that the Ormond Beach Generating Station (known as GenOn) is not included as part of the OBRAP; nor is any other property not owned by one of the Project Partners.

The OBRAP’s goals are twofold:
1) to restore and preserve coastal wetlands that have been altered by development over the past decades and create a self- sustaining ecosystem at Ormond Beach; and
243
2) to create and enhance opportunities for people to easily and safely visit Ormond Beach to enjoy both recreational and educational activities there.

The OBRAP recommends a natural approach to restore a range of wetland habitats, including salt marsh, freshwater, brackish and salt flats. However, it’s of equal importance that Ormond Beach provide value to the public, particularly to Oxnard’s residents living in underserved and disadvantaged communities. To this end, the OBRAP recommends constructing boardwalks and walking trails for residents to walk, ride bikes, and explore the area.

At the Community Services, Public Safety, and Housing & Development Committee’s March 14, 2023 meeting, the Committee called for the City to host a town hall meeting about long-term management options for the OBRAP area. The town hall was held at the South Oxnard Center on April 24, 2023, as well as live streamed via Zoom. The purpose of the town hall was: to preview the long-term ownership and management recommendation for OBRAP area: for the community to provide feedback; and to have a Q&A session. The meeting was well-attended with 50 in-person attendees and an estimated additional 20 digital attendees on Zoom. The public response was overwhelmingly supportive of the project partner’s recommendation: to pursue establishing a federal wildlife refuge with U.S.Fish and Wildlife Service (USFWS) at Ormond Beach. USFWS is gathering more information and has not yet committed to establishing a refuge.

Both environmental and access improvements outlined in the OBRAP must be made prior to it becoming eligible to become a federal wildlife refuge.

DISCUSSION

The draft OBRAP was completed in May 2021. The OBRAP includes information on the area, site, goals, objectives, project opportunities, and project constraints, preliminary design elements and identifies a Preferred Alternative. The OBRAP Preferred Alternative is designed to enhance and restore existing habitat, increase public access to the Project Area and adjacent beach in an ecologically sensitive manner, and allow for habitat changes in response to projected sea- level rise and landward shore migration (Figure ES-3). The Plan includes actions (Table ES-1) to restore a range of wetland habitats between the shoreline and the uplands. Public access features envisioned include pedestrian trails that provide views of habitats and access to the beach, trail links to existing roads, updated parking and a potential visitor center. The design alternative takes into consideration opportunities and constraints such as existing infrastructure, adjacent land uses, sea-level rise, flood potential, and protections for existing sensitive habitats and special-status species.

The preferred alternative is detailed starting on page 6-78 of Attachment 1 to this staff report (the OBRAP draft document).

The OBRAP is presented today to ensure the City Council is in support of the direction of this Plan. The OBRAP is currently undergoing an environmental review process with the California Department of Fish and Wildlife, referred to as a California Environmental Quality Act (CEQA) Statutory Exemption for Restoration Projects (SERP). During the process of environmental review the specifics of the OBRAP may be adjusted to develop with minimum environmental impacts. If the Council wishes to recommend changes to the draft OBRAP, now is the time to do so before the environmental review process is completed.

NEXT STEPS

The OBRAP can not be formally approved or adopted by the Council until such a time as the proposed land uses are updated to be consistent with the City’s zoning and other land use plans. However, provided the Council supports the direction of the OBRAP, additional work can continue.

As indicated earlier, the OBRAP presents a Preferred Alternative and preliminary design of the alternative. The next phases of design will further develop the restoration and public access elements in the OBRAP, including responses to environmental review, additional technical analysis, regulatory review and public comment. Additional technical studies may be required to refine the Project description, in compliance with the California Environmental Quality Act.

Next steps will include: 1) completing additional technical studies to inform environmental review; 2) progressing design development; 3) initiating an environmental review Plan; 4) proceeding with regulatory approvals and permitting; 5) preparation of construction documents (for Plan implementation after permits attained); and, 6) Plan implementation via 244
construction and adaptive management (if approved). In addition, solidifying an entity to manage Ormond Beach for the long term is a high priority of the Project Partners.

The Project Partners envision additional opportunities for public review and comment at each stage of design development and during environmental review and regulatory approvals.

COMMUNITY OUTREACH

The development of the OBRAP document commenced in March 2017. This included a review of prior work focused on Ormond Beach, public and stakeholder outreach, additional data collection and analysis, modeling of future conditions, and technical reviews. The OBRAP builds upon and supersedes SCC’s 2009 Ormond Beach Wetland Restoration Feasibility Study (Feasibility Study). In addition, a Scientific Advisory Committee (SAC) of technical experts was convened to review plan goals, priorities, data gaps, alternatives, and adaptive management approaches. A public workshop (June 21, 2017) was held to obtain input about the area, public access, visitor activities, and ideas for improvements. Door-to-door surveys in Spanish, English, and Mixteco, in several residential neighborhoods near Ormond Beach were also conducted to obtain input. The Project Partners also met with neighboring landowners and potentially affected agencies to discuss opportunities and constraints.

Following the May 2019 release of the Preliminary Plan, the Project Partners held a second public workshop on July 31, 2019 and focus groups were held in South Oxnard for English, Spanish, and Mixteco speakers. This Plan has been prepared with consideration of public input and it includes refinements to the preliminary Preferred Alternative.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Annie Jensen, Project Manager

ATTACHMENTS

1. Attachment 1 - Ormond Beach Restoration and Public Access Project Plan Map

2. Attachment 2 - Ormond Beach Restoration and Public Access Project Plan (Complete document link)

3. Attachment 3 - Ormond Beach Powerpoint Presentation

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246

ORMONDBEACHRESTORATIONANDPUBLICACCESSPROJECTPLAN
Thecompletedocumentisavailableat:
https://www.oxnard.org/wp-content/uploads/2021/08/OBRAP_Preferred_Alternative_w_appendices_05212021.pdf 247

ORMOND BEACH STATUS UPDATE
Annie Jensen, Project Manager
City Manager’s Office
July 27, 2023
248
That the City Council:

1. Receive an update on the current status of Ormond Beach; and

1. Provide additional comments and indicate its support of the direction of the Ormond Beach Restoration and Public
Access Project Plan (OBRAP) document.

RECOMMENDATION 2
249
The OBRAP is a written document that specifies two goals for Ormond Beach:

1. Restore and preserve coastal wetlands altered by development and create a self-sustaining ecosystem.

2. Create and enhance
opportunities for people
to visit Ormond Beach.

WHAT IS THE OBRAP? 3
250
OBRAP Area 4
251
Restoration Goals
Enhance and restore existing
habitat and allow for habitat
changes in response to projected
sea level rise and landward shore
migration.

RESTORATION GOALS & PUBLIC ACCESS FEATURES 5
Public Access Features

1. Multi-use trails

2. Access and parking
improvements

3. Wetland boardwalks and
overlook platforms

4. Interpretive signage and
kiosks
252
PREFERRED ALTERNATIVE AND PRELIMINARY DESIGN 6
253
The OBRAP cannot be formally approved or adopted by council until such a time as the proposed land uses are updated to be consistent with the City’s zoning and other land use plans.

Work on preliminary design and environmental can continue provided the council supports the direction of the OBRAP . Work includes:

1. Completing additional technical studies as needed to inform environmental review;

2. Progressing design development;

3. Initiating environmental review plan;

4. Proceeding with regulatory approvals and permitting;

5. Preparation of construction documents; and

6. Plan implementation.

NEXT STEPS 7
254

QUESTIONS
8 255

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.6

DATE: July 27, 2023

TO: City Council

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

SUBJECT: Approval of a Funding Agreement between the City and the County of Ventura for the New Family Justice Center in Oxnard. (10 minutes)

RECOMMENDATION

That the City Council:

1. Adopt a Resolution authorizing the Mayor to execute a Funding Agreement with the County of Ventura for $2,000,000 for the purchase of the building located at 554-555 South A Street for the Oxnard Family Justice Center; and

2. Authorize the City Manager or designee to execute the necessary actions to effectuate the transfer of funds.

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

BACKGROUND

Currently, Ventura County's (County) sole Family Justice Center (FJC) is located in the City of Ventura. It serves roughly 2,500 crime victims per year (not including children in the home) with wraparound services under one roof. Most of these victims are Medi-Cal enrollees, Latinx with two or more minor children in the home, and victims of domestic violence (73%). Nearly 23% of these victims are Mixteco or mono-lingual Spanish speakers and have limited transportation options. The most significant proportion of victims served at the FJC are residents of Oxnard (33%). Currently, Oxnard residents must travel to Ventura to receive FJC services.

DISCUSSION

On June 6, 2023, the Ventura County Board of Supervisors approved the purchase of the building located at 545-555 South A Street in Oxnard (Property). The purchase leverages $2,000,000 in City funds (pending this agenda item’s approval by City Council), $1,000,000 in State funds, and $640,000 in federal funds to acquire and build out an Oxnard FJC to better serve Oxnard victims of domestic violence, sexual assault, child abuse, elder abuse, human trafficking, and hate crimes.

The Oxnard FJC will emphasize helping underserved victims in Oxnard and the surrounding unincorporated areas, many of whom do not trust or voluntarily contact law enforcement, are afraid of deportation, and face significant language, cultural, economic, and transportation barriers to accessing the Ventura FJC location.

The Property consists of one parcel with a lot size of 21,000 square feet, improved with a two-story 32,825 square feet retail building. The County, as the owner of the Property, will be running the day-to-day operation of the Oxnard FJC.

Approximately 36% of the Property is unoccupied and will be the focus of improvements to house the Oxnard FJC's initial operations. The remaining 64% of the Property's square footage is currently occupied either by non-profit 256
community-based organizations that are presently partner agencies collaborating with the Ventura FJC (31%) or a mix of non-profit and for-profit entities that are not current FJC partners (33%) through a total of seven leases. The County has confirmed that the seven leases will be honored for the duration of their terms, with negotiations to ensue as to renewals, if any.

Therefore, it is contemplated that Oxnard FJC's operational footprint within the property will increase over time.

City Operations

Although the County owns the Property and is responsible for running the facility's day-to-day operations, the Oxnard Police Department (Oxnard PD) will have a permanent presence inside the Property to assist victims of domestic violence, sexual assault, child abuse, elder abuse, human trafficking, and hate crimes. Among the items Oxnard PD will require as part of the Funding Agreement are lockable offices, interview rooms, security features for the building, and office furnishings. For the complete list of needs provided through the Funding Agreement, see Exhibit A within Attachment 1.

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.

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

This agenda item supports 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

There is no new appropriation associated with this agenda item. The $2,000,000 in funding was previously appropriated for the Oxnard FJC under project M2216 by City Council on March 29, 2022, using American Rescue Plan Act (ARPA) funding identified as replacing lost public sector revenue. This agenda item identifies the details and Funding Agreement regarding the transfer of funds.

COMMITTEE OUTCOME

This item did not originate in Committee as it is a project previously approved by the City Council through the ARPA project selection process.

Prepared by: Adam Smith, Project Manager, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Funding Agreement

2. Presentation

3. Resolution

257

FUNDING AGREEMENT REGARDING FAMILY JUSTICE CENTER

IN THE CITY OF OXNARD
This Funding Agreement Regarding Family Justice Center in the City of Oxnard (“Agreement”) is entered into as of July 25, 2023 (the “Effective Date”), by and between the COUNTY OF VENTURA, a political subdivision of the State of California (“County”) and the City of Oxnard (“City”), a California municipal corporation, with reference to the following facts.

RECITALS
A. As of the Effective Date, the County owns real property located at 554-555 South A Street in the City of Oxnard, California (“Property”), which the County acquired for $4,100,000 (“Acquisition Costs”).

B. The County intends to establish a Family Justice Center (“FJC”) at the Property to support underserved residents of the City of Oxnard and the surrounding unincorporated areas, including victims of domestic violence, sexual assault, child abuse, elder abuse, human trafficking and hate crimes.

C. The City desires to provide a $2,000,000 payment to County to contribute toward the County’s Acquisition Costs upon the condition that the County establish a FJC at the Property.

NOW, THEREFORE, in consideration of the Recitals hereof and the mutual promises and covenants set forth in this Agreement, the Parties agree as follows:

AGREEMENT
Section 1. Payment . The City shall provide the County with a one-time payment in the amount of two million dollars ($2,000,000.00) within 30 days after the Effective Date. County shall solely use the payment to help offset the County’s Acquisition Costs.

Section 2. Establishment of FJC . The City’s payment is conditioned on the County’s establishment of a FJC at the Property to support to the underserved residents of the City of Oxnard and the surrounding unincorporated areas, including victims of domestic violence, sexual assault, child abuse, elder abuse, human trafficking and hate crimes. Upon the establishment of the FJC, the County shall provide the resources delineated in Exhibit A, which is attached hereto and incorporated herein by reference.

Section 3. Relationship of Parties. Nothing in this Agreement shall be interpreted or understood by either of the parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and City or the City’s agents, employees or contractors regarding the subject matter hereof. The County shall be solely responsible for its own acts and those of its agents and employees regarding the acquisition, development and operation of the FJC. 1 258
Section 4. Defense and Indemnification . The County agrees to indemnify, protect, hold harmless and defend (by counsel satisfactory to the City) the City, City Councilmembers, and its other officials, employees and agents, from and against any and all third-party suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of or related to this Agreement including but not limited to the acquisition, development and operation of the FJC, except to the extent caused by the City's sole active negligence or willful misconduct.

Section 5. Notices . Formal notices between the County and City shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the County and City as follows:

County: City:

County of Ventura City of Oxnard
County Executive Office City Manager’s Office
Attn: Dr. Sevet Johnson Attn: Alexander Nguyen, City Manager 800 S. Victoria Ave., L1940 300 West Third Street, 4 th Floor Ventura, CA 93009 Oxnard, CA 93030
(805) 654-3656 (TEL) (805) 385-7430 (TEL)
Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt for delivery or refusal of delivery.

Section 6. Amendments . No amendment, alteration or variation of the terms or conditions of this Agreement shall be valid unless agreed to in writing by the parties.

Section 7. Entire Understanding of the Parties . This Agreement constitutes the entire understanding and agreement of the Parties with respect to all matters stated herein.

Section 8. Multiple Originals; Counterpart . This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

Section 9. Dispute Resolution. If the Parties have a dispute that they are unable to resolve at the staff level, either Party may escalate the dispute to the executive staff level (i.e., to the City Manager and the County Executive Officer) by submitting a signed and dated request for dispute resolution. If the City Manager and the County Executive Officer are unable to resolve the dispute, the item in dispute may be presented to the City Council and the County Board of Supervisors for resolution.
2 259
WHEREFORE, this Agreement has been entered into by the undersigned as of the Effective Date.

COUNTY OF VENTURA CITY OF OXNARD
Authorized Signature Authorized Signature
Printed Name Printed Name
Title Title
Date Date
ATTEST
_______________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM
_______________________________
Stephen M. Fischer, City Attorney
3 260

EXHIBIT A
During the operation of the FJC, the County shall provide at least the following resources:

I. Secured Work spaces (separate from CBO’s)
A. Lockable offices for personnel:

1. Family Protection Unit sergeant (1)

2. Domestic Violence Investigations Unit: office for 2 detectives

3. Sexual Assault Investigations Unit - office space for 5 detectives

4. Internet Crimes Against Children investigations - office for 1 detective

5. Sexual assault nurse - private office space for 1 person

6. Victim advocate office space for 1 person

7. General law enforcement office (for LE agencies to use)

8. Police Commander satellite office: private office

9. Office space for 1 Port Hueneme Police Department detective B. Two restrooms for law enforcement and County personnel working at the FJC.

C. One restroom for clients in the “secured working area” of the building D. One restroom in the general waiting area
II. Rooms
A. Sexual assault exam room - two (2) private rooms
B. Interview rooms - two (2) interview rooms and two (2) observation rooms

1. Set up interview rooms with Axon interview system

2. Set up for remote live monitoring for DA and detectives C. Designated evidence room to package evidence, store sexual assault kits (secure refrigerator needed), and temporary lockers to house evidence

1. Will need Zebra printer to print evidence tags
D. Conference/meeting rooms - used for meetings and training

1. Monitors for virtual meetings

2. Whiteboards and accessories
E. Family waiting room - also known as a “soft” room different from the outside waiting room
F. Outside general waiting area with front counter
G. A private kitchenette/break room area for law enforcement and County personnel

1. Functioning sink, hot and cold water, coffee machine, microwave, refrigerator, dining area and a television with cable subscription H. Lactation room
III. Security
A. Video doorbell system
B. RFID access control doors

1. Entry to above secure office areas and evidence room C. Locking front and rear doors
4 261

1. Entry to the building
D. Partial gated secure parking with controlled access entry

1. Key or passcard access
E. Outdoor security cameras that cover the entire parking area, all sides of the building including doors and windows.

1. Ability to view security footage from workstations
F. Door locks for all OPD offices and evidence room

1. Door locks or key card access
G. Adequate perimeter and emergency lighting in parking lot and inside the building H. Security alarm system with interior motion sensor and security sensors for exterior doors and windows and sensors for designated internal doors IV. Furnishings
A. Copiers and scanners
B. Oxnard PD Network (CAD, LERMS, ETC) and internet connectivity C. Basic office furnishings for work areas and the meeting room that includes desks, chairs, file cabinets, whiteboards, telephones, computer equipment (monitors and desktop computers)
D. Backup power supply for computers
E. Chairs/sofas for waiting rooms and interview rooms
F. Wall decor
G. New carpet or flooring in all work areas, conference room, restrooms, waiting rooms and kitchenette
5 262
Approval of a Funding Agreement
between the City and the County of
Ventura for the New Family Justice
Center in Oxnard
City Council, July 27, 2023
Adam Smith, Project Manager
City Manager’s Office
That the City Council:

1. Adopt a Resolution authorizing the Mayor to execute a Funding Agreement with the County of Ventura for
$2,000,000 for the purchase of the building located at
554-555 South A Street for the Oxnard Family Justice
Center; and

2. Authorize the City Manager or designee to execute the necessary actions to effectuate the transfer of funds.

RECOMMENDATION 2
263
• Currently, Ventura County's (County) sole Family Justice Center (FJC) is located in the City of Ventura
• The FJC serves roughly 2,500 crime victims per year
• The largest proportion of victims served at the FJC are residents of Oxnard
• Oxnard residents must travel to Ventura to receive services BACKGROUND 3
• On June 6, 2023, the Ventura County Board of Supervisors approved the purchase of a building located at 545-555
South A Street in Oxnard (Property)
• The FJC will emphasize helping underserved victims in Oxnard and the surrounding unincorporated areas
• The County, as the owner of the Property, will be running the day-to-day operation of the FJC
BACKGROUND 4
264
• About 36% of the Property is unoccupied and will be the focus of improvements to house the FJC's initial operations • The remaining 64% of the Property's square footage is currently occupied either by non-profit community-based organizations through leases
• The County has confirmed that the seven leases will be honored for the duration of their terms, with negotiations to ensue as to renewals, if any
• Therefore, it is contemplated that the FJC's operational footprint within the Property will increase over time
BACKGROUND 5
• Although the County owns the Property and is responsible for running the facility's day-to-day operations, the Oxnard Police Department (Oxnard PD) will have a permanent
presence inside the Property
• Among the items Oxnard PD will require as part of the Funding Agreement are lockable offices, interview rooms, security features for the building, and office furnishings CITY OPERATIONS 6
265
• The $2,000,000 in funding was previously appropriated for the Family Justice Center by City Council on March 29,
2022, using American Rescue Plan Act (ARPA) funding
identified as replacing lost public sector revenue
FINANCIAL IMPACT 7
That the City Council:

1. Adopt a Resolution authorizing the Mayor to execute a Funding Agreement with the County of Ventura for
$2,000,000 for the purchase of the building located at
554-555 South A Street for the Oxnard Family Justice
Center; and

2. Authorize the City Manager or designee to execute the necessary actions to effectuate the transfer of funds.

RECOMMENDATION 8
266

THE END
9 267

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT WITH THE

COUNTY OF VENTURA FOR THE PURCHASE OF THE BUILDING LOCATED AT 554-555 SOUTH A STREET FOR THE OXNARD FAMILY JUSTICE CENTER WHEREAS, Ventura County's (“County”) sole Family Justice Center (“FJC”) is located in the city of Ventura; and
WHEREAS, the Ventura FJC serves roughly 2,500 crime victims per year (not including children in the home) with wraparound services under one roof; and WHEREAS, 73% of these victims are Medi-Cal enrollees, Latinx with two or more minor children in the home, and are victims of domestic violence; and WHEREAS, nearly 23% of these victims are Mixteco or mono-lingual Spanish speakers and have limited transportation options; and
WHEREAS, although the Ventura FJC provides a plurality of services to Oxnard residents, there are limited locally equivalent solutions for Oxnard residents to receive those services who instead have to travel to Ventura; and
WHEREAS, on June 6, 2023, the Ventura County Board of Supervisors approved the purchase of the building located at 545-555 South A Street in Oxnard (“Property”); and WHEREAS, the purchase leverages $1,000,000 in State funds and $640,000 in federal funds to acquire and build out an FJC to be located on the Property to better serve Oxnard victims of domestic violence, sexual assault, child abuse, elder abuse, human trafficking, and hate crimes; and
WHEREAS, the Oxnard FJC will emphasize helping underserved victims in Oxnard and the surrounding unincorporated areas, many of whom do not trust or voluntarily contact law enforcement, are afraid of deportation, and face significant language, cultural, economic, and transportation barriers in accessing the Ventura FJC; and WHEREAS, the Property consists of one parcel with a lot size of 21,000 square feet, improved with a two-story 32,825 square foot building; and
WHEREAS, the Oxnard Police Department will have a permanent presence inside the Oxnard FJC to assist victims of domestic violence, sexual assault, child abuse, elder abuse, human trafficking, and hate crimes; and
268
Resolution No.

Authorizing the Mayor to Execute Agreement for Oxnard FJC Purchase

Page 2 of 2 ends

WHEREAS, the Oxnard City Council desires to authorize the Mayor to execute a Funding Agreement with the County in the amount of $2,000,000 for the purchase of the Property; and WHEREAS, the Oxnard City Council previously appropriated $2,000,000 in funding for the purchase of the Property on March 29, 2022, using ARPA funding identified as replacing lost public sector revenue.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to authorize the Mayor to execute a Funding Agreement with the County in the amount of $2,000,000 for the purchase of the building located at 554-555 South A Street.

PASSED AND ADOPTED THIS ____th day of July 2023, 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
269

Oxnard City CouncilJuly 27, 2023

Oxnard City Council
July 27, 2023