417
FY 2025-2029 CAPITAL IMPROVEMENT
PROGRAM (CIP) OVERVIEW
City Council, June 4, 2024
Morgan Kessler
City Engineer
418
RECOMMENDATION
That the City Council:
1. Hold a public hearing to receive public testimony regarding the proposed 2025-2029 City of Oxnard Five-Year CIP;
2. Approve the existing carryover CIP projects and the proposed new funding as outlined in the staff report for Category 1 projects;
3. Reaffirm the carryover CIP projects in Category 2;
4. Approve the project prioritization lists in Categories 3 and 4 outlined in the staff report and adopt the 2025-2029 City of Oxnard Five Year CIP; and
5. Direct staff to finalize the 2025-2029 CIP and General Fund/Measure O amounts for Category 4 projects once the City’s FY 2024-25 operating budget has been completed as approved CIP funding allows. 2 419
BACKGROUND
The Capital Improvement Program (CIP) is a key planning and budget forecasting document
•Addresses the City’s capital (or major) infrastructure construction and repair needs over a 5-year rolling horizon.
•Contains 124 projects
•Programmed over five years, with a total value of around $750 million. •Does not address routine maintenance activities
3 420
BACKGROUND
The CIP essentially has two components:
1) The capital budget: a spending plan for capital items over a two-year period, and
2) The capital program, which is the 5-year expenditure roadmap or plan for anticipated yearly capital expenditures.
The CIP is included as a component of the overall FY 2024-25 City budget approval process
4 421
BACKGROUND
Challenges
• Aging Infrastructure
• Inability to bond
• Deferred Maintenance
• Staffing/Workload Challenges
• High Construction Prices
• Competition for Limited Funding
• Long Lead Times
• Last years’ “Slow Down” City Council Action:
• February 7th, 2023 Council Meeting
• Staff recommended the modification of timelines to address project backlog • Projects were determined to be “above the line” or “below the line” 5 422
BACKGROUND
Funding Sources and Bonding Inability
• CIP projects can be paid for with several different funding sources like State and Federal grants, City development impact (DIF) fees, and General Funds.
• The present inability to issue municipal bonds has hampered the City’s ability to do large projects in a timely manner. 6 423
BACKGROUND
CIP Project Prioritization Process
• Step 1: Categorize by What the Project Does:
• Priority 1: Health and Safety
• Priority 2: Asset Preservation
• Priority 3: New and Expanded Services
• Step 2: Refine the Priority by Considering Other Factors:
• Council Priorities
• Grants & Deadlines
• Urgency
• Staff Workload
7 424
BACKGROUND
CIP Project Prioritization Process (Cont’d)
Step 3: Put Project in a Project Category
• Category 1: Already funded, approved in previous CIP, ready to move forward;
• Category 2: Funded and approved like Category 1, but start dates postponed as part of “slow down” action in 2023;
• Category 3: Newly identified projects that have known funding source, and are recommended by staff for inclusion in the present CIP.
• Category 4: Both existing and new projects that have no identified funding, or are only partially funded, and have high priority. General Fund/Measure O candidates.
8 425
DISCUSSION
General CIP Development Process
1. Departments identify capital projects needs;
2. Projects reviewed for conformity with General Plan;
3. Preliminary establishment of funding priorities;
4. Update of the CIP document, utilizing the City’s newer Tyler and OpenGov tools;
5. Present the proposed CIP to the Public Works and Transportation Committee for review, input, and approval (this occurred April 23rd, 2024);
6. Present the CIP projects list to the Planning Commission;
7. Present the draft CIP to the City Council for adoption;
8. Return to the City Council with a “receive and file” of the final CIP book after July 1, 2024 if necessary.
9 426
DISCUSSION
CIP Document Structure
• The CIP document contains the complete set of capital projects in a 1-page per project format;
• The front end of the CIP contains background and narrative information;
• Project pages are organized into sections: Buildings, Information Technology (IT), Parks and Open Space, Seawalls, Transportation and Drainage, and Utilities.
10 427
DISCUSSION
Quimby-Funded Park Projects
• Occurring parallel to the CIP development;
• Public Works staff will hold Neighborhood Council meetings; • Staff will discuss the use of Quimby funds for parks; 11 428
DISCUSSION
Quimby-Funded Park Projects (Cont’d)
• The Quimby meeting timeline is well outside that of the CIP; • Any new parks projects will be added to the CIP via a separate action item to the PW&TC and City Council later this calendar year; • Because of the different CIP/Quimby timelines, additional staff workload capacity will be reserved in the CIP program to take on any new Quimby projects.
12 429
DISCUSSION
Changes to Staff Report Since the PW&TC Meeting (4/23/24) • New Senior Center: Updated current construction rough order of magnitude estimates and proposed out-year funding recommendations • ATS - PD Generator: Two projects consolidated into one project listing. • Wilson Park: Added to CIP list.
• Estimates for Fire Station #3 were re-programmed to FY 2026-27 • Estimates for the Aquatic Center were re-programmed to FY 2027-28 • Sports Park project added to Category 3
• Greenbelt LMD 43 Lighting Replacement: Re-program funding from FY 2024-2025 to FY 2028-2029, and reduce the allocated amount from $225k to $175k.
• Seabridge Light Replacement: Move to Category 4 Unfunded list.
Community has requested that Special Districts re-scope this project. • Oxnard Trail Light Replacement Phase II: Move to Category 4 Unfunded list.
13 430
DISCUSSION
PW&TC Actions
• The Public Works and Transportation Committee recommend to forward this item to City Council for review, discussion, and approval. • The Committee chose not to approve the recommended actions during their meeting because it was agreed that the full Council should be present for the consideration of these items.
14 431
FINANCIAL IMPACT
Financial Impacts by Project Category:
•Category 1: There is no financial impact; projects were previously approved by City Council with funding allocated, no new amounts are being requested. These are “above the line” projects.
•Category 2: No impact; these projects have been approved, and their funding has been allocated already. These are “below the line” projects.
•Category 3: Newly proposed for the present CIP. Funding is identified.
Staff suggests this Category of projects be given a higher priority than Category 2.
15 432
FINANCIAL IMPACT
Financial Impacts per Project Category (Cont’d)
•Category 4: New and existing projects, some with high priority, that have only partial or no new identified funding. Staff recommends that these be funded, in order of listed priority, and ahead of those in Category 2 pending the outcome of the citywide operating budget process. These may be funded with General Fund/Measure O money.
•Projects approved by City Council in prior fiscal years that have not yet been completed will have their respective unencumbered budgets rolled forward.
16 433
QUESTIONS?
434
CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. L.2
DATE: June 4, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Fiscal Year (FY) 2024-25 Resolution to Levy Assessments in Mandalay Beach Maintenance District. (10 minutes)
RECOMMENDATION
That City Council, acting as the legislative body for the Mandalay Beach Maintenance District:
1. Hold a Public Hearing to receive public testimony regarding the proposed Fiscal Year 2024-25 assessments for the Mandalay Beach Maintenance District; and
2. Adopt a resolution to levy the special tax assessment for Fiscal Year 2024-25 within the Mandalay Beach Maintenance District for Fiscal Year 2024-25.
(Finance and Governance Committee approved 2-0 on May 14, 2024)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/nGJU14cl-Wk
BACKGROUND
Special Districts is a Division of the Public Works Department and manages a total of 48 special financing districts, which includes one Maintenance Assessment District (the “District” or "MAD 4"). On November 22, 1983, MAD 4 was formed, pursuant to the Improvement Act of 1911, to recover the cost of the City’s maintenance of the 36-acre beach area, plus landscaping on public rights-of-way within Tract No. 2923. The formation of the District was required as a condition to development imposed by the Coastal Commission and as a provision of a development agreement with the City. The assessments are exempt from Article XIII D of the California Constitution by reason of Section 5 thereof. The City’s responsibility to maintain the above-mentioned areas became effective on July 1, 1986. On July 5, 1988, City Council adopted Resolution No. 9500, which shifted the bulk of the District’s beach maintenance costs from the residents of The Colony to the Mandalay Beach Resort Hotel (Zachari Dunes).
DISCUSSION
The total assessment levy for Fiscal Year 2024-25 is unchanged from Fiscal Year 2023-24 at $39,446, and is computed as follows:
1. LANDSCAPE MAINTENANCE - $21,346
The City’s Special Districts Division maintains the landscape areas along Falkirk Avenue, Harbor Boulevard, Mandalay Beach Road, Costa del Oro, and the bikeway/greenbelt along the southerly property line. The District’s budget for landscaping maintenance costs for FY 2024-25 is $21,346, of which $16,095 is paid by The Colony residential development and $5,251 paid by the Embassy Suites hotel. This shared cost is outlined in Resolution 9500 (75% to the 435
Colony; 25% to the Embassy Suites hotel).
2. BEACH MAINTENANCE - $18,100 (MAD 4 share split between the Colony and Hotel)
The agreements between the City and the developers of MAD 4 assign the responsibility of beach maintenance based on the relative length of beach area that fronts both the hotel and the public beach property (park). The total assessment of beach maintenance is $30,092, with the assessed County Collection Fee the total cost is $30,137. Resolution No. 9500 divides the 60 percent ($18,100) obligation of the District into two parts. 75.4 percent ($13,647) is paid by the Embassy Suites hotel and 24.6 percent ($4,453) is paid by The Colony residents. The remaining 40 percent ($12,037) of the beach maintenance is borne by the City as part of the total operating cost of the Oxnard Beach Park. The annual beach maintenance cost is as follows:
Annual Costs = $30,092 District City
Percent Share of $30,092 x 60% x 40%
FY 2024-25 Shared Costs $18,055 $12,037
County Collection Fee $45 $0
Total Beach Maintenance Cost $18,100 $12,037
Embassy Suites' Share (75.4%) $13,647 $0
Colony's Share (24.6%) $4,453 $0
The total cost to the District for both the landscaping ($21,346) and the beach maintenance ($18,100) is $39,446. The Embassy Suites pay $18,898 ($5,251 for landscaping + $13,647 for beach maintenance) and The Colony residents pay $20,548 ($16,095 + $4,453). The County assessment fee is estimated to be $55. Therefore, the difference will be paid from the General Fund.
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
Property owners pay the assessments as a part of their annual property tax bill. The assessment has been approved by the property owners through prior proceedings. Funds received for the benefit of the District are restricted and can only be used to fund the services of the District. Property owners in the District pay the assessments as part of their annual property tax bill.
For FY 2024-25, the estimated Special Districts budget for MAD 4 is $47,931. The City will assess the property owners within the District $39,446 in FY 2024-25 to pay landscape maintenance costs and 60 percent of beach maintenance costs. The City’s portion of the beach maintenance is 40 percent ($12,037) and is included in the Proposed Budget for FY 2024-25 as a transfer out contribution to MAD 4 from the General Fund.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Anthony Miller, Interim Special Districts Manager
ATTACHMENTS
436
1. Resolution Approving Levy of MAD 4 2024
2. Oxnard MAD 4 Assessment Roll 24-25
3. City of Oxnard Special Districts Map
4. City of Oxnard Special Districts List
5. MAD4 Proposed Map of Authorized Improvements
6. CityOfOxnardResolution9500
7. Presentation
437
Resolution No.
Special Tax for Mandalay Beach Maintenance District
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD LEVYING A SPECIAL ASSESSMENT TAX FOR FISCAL YEAR 2024-25 WITHIN THE MANDALAY
BEACH MAINTENANCE DISTRICT
WHEREAS, by Resolution No. 8586, adopted November 22, 1983, the City Council formed the Mandalay Beach Maintenance District ("the District") pursuant to the maintenance district provisions of the Improvement Act of 1911 (Streets and Highways Code section 5820 et. seq.); and;
WHEREAS, formation of the District was required as a condition to development imposed by the California Coastal Commission and also as part of a development agreement between the City and the developer owning all of the parcels subject to assessment at the time assessments were initially imposed; and
WHEREAS, the City Council is required by Streets and Highways Code section 5830 to estimate the cost of maintaining and operating the improvements within the District, to decide whether the cost of such maintenance and operation shall be borne wholly or partially by the District, and to levy a special assessment tax within the District sufficient to raise the money to pay for such cost; and
WHEREAS, the City Council wishes to levy such assessments for FY 2024-25 in an amount sufficient to cover all of the expense of maintaining the landscaping and to cover 60% of the expense of maintaining the beach area, with the City paying the remaining 40% of the latter expense; and
WHEREAS, assessments were levied in the District in Fiscal Year 2023-24, and such assessments are not proposed to increase in Fiscal Year 2024-25; and WHEREAS, the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, water, flood control, drainage systems and vector control, inasmuch as the beach is public right of way that serves much as a street, manages water and is part of the flood control and drainage systems in the District, and the landscaping is located in or adjacent to sidewalks, streets and other public rights of way and maintenance of the landscaping involves irrigation and vector control; and 438
Resolution No.
Special Tax for Mandalay Beach Maintenance District
WHEREAS, for the foregoing reasons, the assessments are exempt from Article XIII D of the California Constitution, by reason of section 5 thereof; and WHEREAS, a description of the improvements and the proposed special assessment taxes on real property in the district is contained in the agenda report dated June 4, 2024 on file with the City Clerk ("the agenda report").
NOW, THEREFORE, the City Council of the City of Oxnard resolves:
1. The City Council estimates the cost of maintaining and operating the improvements within the District for Fiscal Year 2024-25 at $47,931, with $39,446 to be paid from assessments and $12,037 to be paid by the City, as more particularly set out in the agenda report. The $39,446 is allocated as follows:
100% of landscape maintenance costs $21,346
60% of beach maintenance costs $18,100
Total $39,446
2. The $39,446 is apportioned among the property owners within the District, as follows:
24.6% of landscape maintenance costs to hotel parcel (APN #191-0-380-105)
75.4% of landscape maintenance costs to Colony condominium parcels (440 APNs)
24.6% of beach maintenance costs to Colony condominium parcels (440 APNs)
75.4% of beach maintenance costs to hotel parcel (APN #191-0-380-105)
3. The City Council levies a special assessment tax for FY 2024-25 on the real property in the District as follows and attached herein:
APN #191-0-380-105 ........................................................................... $18,898 $46.70 on each of 440 Colony APNs ................................................... $20,548
4. In accordance with Government Code section 36936.1, the City Clerk is instructed to cause this resolution to be published one time in a newspaper of general circulation within the City within 15 days after adoption.
5. In accordance with Government Code section 53901, the City Clerk is instructed to file with the Ventura County Auditor within 60 days from July 1, 2024, a certified copy of this resolution.
PASSED, APPROVED AND ADOPTED on this ____ day of June 2024 by the following vote:
439
Resolution No.
Special Tax for Mandalay Beach Maintenance District
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
John C. Zaragoza, Mayor
ATTEST:
___________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
440
APN Assessment Total
191-0-380-105 $18,898.00
191-0-390-015 46.70
191-0-390-025 46.70
191-0-390-035 46.70
191-0-390-045 46.70
191-0-390-055 46.70
191-0-390-065 46.70
191-0-390-075 46.70
191-0-390-085 46.70
191-0-390-095 46.70
191-0-390-105 46.70
191-0-390-115 46.70
191-0-390-125 46.70
191-0-390-135 46.70
191-0-390-145 46.70
191-0-390-155 46.70
191-0-390-165 46.70
191-0-390-175 46.70
191-0-390-185 46.70
191-0-390-195 46.70
191-0-390-205 46.70
191-0-390-215 46.70
191-0-390-225 46.70
191-0-390-235 46.70
191-0-390-245 46.70
191-0-390-255 46.70
191-0-390-265 46.70
191-0-390-275 46.70
191-0-390-285 46.70
191-0-390-295 46.70
191-0-390-305 46.70
191-0-390-315 46.70
2226 MARTINIQUE LN
2230 MARTINIQUE LN
2232 MARTINIQUE LN
2234 MARTINIQUE LN
2240 MARTINIQUE LN
2242 MARTINIQUE LN
2220 MARTINIQUE LN
2222 MARTINIQUE LN
2224 MARTINIQUE LN
2246 MARTINIQUE LN
2250 MARTINIQUE LN
2252 MARTINIQUE LN
2254 MARTINIQUE LN
2256 MARTINIQUE LN
2260 MARTINIQUE LN
2262 MARTINIQUE LN
2264 MARTINIQUE LN
2266 MARTINIQUE LN
2244 MARTINIQUE LN
2204 MARTINIQUE LN
2270 MARTINIQUE LN
2272 MARTINIQUE LN
2274 MARTINIQUE LN
2276 MARTINIQUE LN
2216 MARTINIQUE LN
2214 MARTINIQUE LN
2212 MARTINIQUE LN
2210 MARTINIQUE LN
2206 MARTINIQUE LN
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
2101 MANDALAY BEACH RD
2202 MARTINIQUE LN
2200 MARTINIQUE LN
441
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-390-325 46.70
191-0-390-335 46.70
191-0-390-345 46.70
191-0-390-355 46.70
191-0-390-365 46.70
191-0-390-375 46.70
191-0-390-385 46.70
191-0-390-395 46.70
191-0-390-405 46.70
191-0-390-415 46.70
191-0-390-425
191-0-390-435
191-0-390-445
191-0-390-455
191-0-390-465
191-0-390-475
191-0-390-485
191-0-390-495
191-0-390-505
191-0-390-515
191-0-390-525
191-0-390-535
191-0-390-545
191-0-390-555
191-0-390-565
191-0-390-575
191-0-390-585
191-0-390-595
191-0-390-605
191-0-390-615
191-0-390-625
191-0-390-635
2372 VINA DEL MAR 46.70
2370 VINA DEL MAR 46.70
2386 MARTINIQUE LN 46.70
2380 VINA DEL MAR 46.70
2376 VINA DEL MAR 46.70
2374 VINA DEL MAR 46.70
2383 MARTINIQUE LN 46.70
2381 MARTINIQUE LN 46.70
2382 VINA DEL MAR 46.70
2371 MARTINIQUE LN 46.70
2387 MARTINIQUE LN 46.70
2385 MARTINIQUE LN 46.70
2377 MARTINIQUE LN 46.70
2375 MARTINIQUE LN 46.70
2373 MARTINIQUE LN 46.70
2365 MARTINIQUE LN 46.70
2363 MARTINIQUE LN 46.70
2361 MARTINIQUE LN 46.70
2353 MARTINIQUE LN 46.70
2351 MARTINIQUE LN 46.70
2367 MARTINIQUE LN 46.70
2355 MARTINIQUE LN 46.70
2343 MARTINIQUE LN
2347 MARTINIQUE LN
2345 MARTINIQUE LN
2357 MARTINIQUE LN
2327 MARTINIQUE LN
2325 MARTINIQUE LN
2321 MARTINIQUE LN
2323 MARTINIQUE LN
2341 MARTINIQUE LN
2236 MARTINIQUE LN
442
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-390-645
191-0-390-655
191-0-390-665
191-0-390-675
191-0-390-685
191-0-390-695
191-0-390-705
191-0-390-715
191-0-390-725
191-0-390-735
191-0-390-745
191-0-390-755
191-0-390-765
191-0-390-775
191-0-390-785
191-0-390-795
191-0-390-805
191-0-390-815
191-0-390-825
191-0-390-835
191-0-390-845
191-0-390-855
191-0-390-865
191-0-390-875
191-0-390-885
191-0-390-895
191-0-390-905
191-0-390-915
191-0-390-925
191-0-390-935
191-0-390-945
191-0-390-955
2263 MARTINIQUE LN 46.70
2267 MARTINIQUE LN 46.70
2257 MARTINIQUE LN 46.70
2255 MARTINIQUE LN 46.70
2261 MARTINIQUE LN 46.70
2237 MARTINIQUE LN 46.70
2243 MARTINIQUE LN 46.70
2241 MARTINIQUE LN 46.70
2231 MARTINIQUE LN 46.70
2233 MARTINIQUE LN 46.70
2235 MARTINIQUE LN 46.70
2227 MARTINIQUE LN 46.70
2223 MARTINIQUE LN 46.70
2225 MARTINIQUE LN 46.70
2303 MARTINIQUE LN 46.70
2301 MARTINIQUE LN 46.70
2221 MARTINIQUE LN 46.70
2311 MARTINIQUE LN 46.70
2307 MARTINIQUE LN 46.70
2305 MARTINIQUE LN 46.70
2317 MARTINIQUE LN 46.70
2315 MARTINIQUE LN 46.70
2313 MARTINIQUE LN 46.70
2287 MARTINIQUE LN 46.70
2271 MARTINIQUE LN 46.70
2273 MARTINIQUE LN 46.70
2281 MARTINIQUE LN 46.70
2283 MARTINIQUE LN 46.70
2285 MARTINIQUE LN 46.70
2384 MARTINIQUE LN 46.70
2275 MARTINIQUE LN 46.70
2277 MARTINIQUE LN 46.70
443
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-390-965
191-0-390-975
191-0-390-985
191-0-400-015
191-0-400-025
191-0-400-035
191-0-400-045
191-0-400-055
191-0-400-065
191-0-400-075
191-0-400-085
191-0-400-095
191-0-400-105
191-0-400-115
191-0-400-125
191-0-400-135
191-0-400-145
191-0-400-155
191-0-400-165
191-0-400-175
191-0-400-185
191-0-400-195
191-0-400-205
191-0-400-215
191-0-400-225
191-0-400-235
191-0-400-245
191-0-400-255
191-0-400-265
191-0-400-275
191-0-400-285
191-0-400-295 2200 VINA DEL MAR 46.70
2203 VINA DEL MAR 46.70
2211 VINA DEL MAR 46.70
2205 VINA DEL MAR 46.70
2221 VINA DEL MAR 46.70
2215 VINA DEL MAR 46.70
2213 VINA DEL MAR 46.70
2227 VINA DEL MAR 46.70
2225 VINA DEL MAR 46.70
2223 VINA DEL MAR 46.70
2305 VINA DEL MAR 46.70
2303 VINA DEL MAR 46.70
2301 VINA DEL MAR 46.70
2315 VINA DEL MAR 46.70
2313 VINA DEL MAR 46.70
2311 VINA DEL MAR 46.70
2323 VINA DEL MAR 46.70
2321 VINA DEL MAR 46.70
2317 VINA DEL MAR 46.70
2333 VINA DEL MAR 46.70
2331 VINA DEL MAR 46.70
2325 VINA DEL MAR 46.70
2339 VINA DEL MAR 46.70
2337 VINA DEL MAR 46.70
2335 VINA DEL MAR 46.70
2345 VINA DEL MAR 46.70
2343 VINA DEL MAR 46.70
2341 VINA DEL MAR 46.70
2355 VINA DEL MAR 46.70
2353 VINA DEL MAR 46.70
2351 VINA DEL MAR 46.70
2265 MARTINIQUE LN 46.70
444
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-400-305
191-0-400-315
191-0-400-325
191-0-400-335
191-0-400-345
191-0-400-355
191-0-400-365
191-0-400-375
191-0-400-385
191-0-400-395
191-0-400-405
191-0-400-415
191-0-400-425
191-0-400-435
191-0-400-445
191-0-400-455
191-0-400-465
191-0-400-475
191-0-400-485
191-0-400-495
191-0-400-505
191-0-400-515
191-0-400-525
191-0-400-535
191-0-400-545
191-0-400-555
191-0-400-565
191-0-400-575
191-0-400-585
191-0-400-595
191-0-400-605
191-0-400-615
2245 MARTINIQUE LN 46.70
2247 MARTINIQUE LN 46.70
2251 MARTINIQUE LN 46.70
2214 CANNES SQ 46.70
2212 CANNES SQ 46.70
2210 CANNES SQ 46.70
2244 CANNES SQ 46.70
2242 CANNES SQ 46.70
2240 CANNES SQ 46.70
2332 VINA DEL MAR 46.70
2330 VINA DEL MAR 46.70
2246 CANNES SQ 46.70
2350 VINA DEL MAR 46.70
2336 VINA DEL MAR 46.70
2334 VINA DEL MAR 46.70
2360 VINA DEL MAR 46.70
2354 VINA DEL MAR 46.70
2352 VINA DEL MAR 46.70
2236 CANNES SQ 46.70
2364 VINA DEL MAR 46.70
2362 VINA DEL MAR 46.70
2230 CANNES SQ 46.70
2232 CANNES SQ 46.70
2234 CANNES SQ 46.70
2222 CANNES SQ 46.70
2224 CANNES SQ 46.70
2226 CANNES SQ 46.70
2206 VINA DEL MAR 46.70
2208 VINA DEL MAR 46.70
2220 CANNES SQ 46.70
2202 VINA DEL MAR 46.70
2204 VINA DEL MAR 46.70
445
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-400-625
191-0-410-015
191-0-410-025
191-0-410-035
191-0-410-045
191-0-410-055
191-0-410-065
191-0-410-075
191-0-410-085
191-0-410-095
191-0-410-105
191-0-410-115
191-0-410-125
191-0-410-135
191-0-410-145
191-0-410-155
191-0-410-165
191-0-410-175
191-0-410-185
191-0-410-195
191-0-410-205
191-0-410-215
191-0-410-225
191-0-410-235
191-0-410-245
191-0-410-255
191-0-410-265
191-0-410-275
191-0-410-285
191-0-410-295
191-0-410-305
191-0-410-315
2155 MARTINIQUE LN 46.70
2157 MARTINIQUE LN 46.70
2167 MARTINIQUE LN 46.70
2151 MARTINIQUE LN 46.70
2153 MARTINIQUE LN 46.70
2145 MARTINIQUE LN 46.70
2147 MARTINIQUE LN 46.70
2165 MARTINIQUE LN 46.70
2137 MARTINIQUE LN 46.70
2141 MARTINIQUE LN 46.70
2143 MARTINIQUE LN 46.70
2131 MARTINIQUE LN 46.70
2133 MARTINIQUE LN 46.70
2135 MARTINIQUE LN 46.70
2123 MARTINIQUE LN 46.70
2127 MARTINIQUE LN 46.70
2125 MARTINIQUE LN 46.70
2173 MARTINIQUE LN 46.70
2171 MARTINIQUE LN 46.70
2121 MARTINIQUE LN 46.70
2185 MARTINIQUE LN 46.70
2175 MARTINIQUE LN 46.70
2177 MARTINIQUE LN 46.70
2187 MARTINIQUE LN 46.70
2183 MARTINIQUE LN 46.70
2181 MARTINIQUE LN 46.70
2125 VINA DEL MAR 46.70
2127 VINA DEL MAR 46.70
2201 VINA DEL MAR 46.70
2253 MARTINIQUE LN 46.70
2121 VINA DEL MAR 46.70
2123 VINA DEL MAR 46.70
446
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-410-325
191-0-410-335
191-0-410-345
191-0-410-355
191-0-410-365
191-0-410-375
191-0-410-385
191-0-410-395
191-0-410-405
191-0-410-415
191-0-410-425
191-0-410-435
191-0-410-445
191-0-410-455
191-0-410-465
191-0-410-475
191-0-410-485
191-0-430-015
191-0-430-025
191-0-430-035
191-0-430-045
191-0-430-055
191-0-430-065
191-0-430-075
191-0-430-085
191-0-430-095
191-0-430-105
191-0-430-115
191-0-430-125
191-0-430-135
191-0-430-145
191-0-430-155 4482 ANTIGUA WAY 46.70
4490 ANTIGUA WAY 46.70
4486 ANTIGUA WAY 46.70
4484 ANTIGUA WAY 46.70
4496 ANTIGUA WAY 46.70
4494 ANTIGUA WAY 46.70
4492 ANTIGUA WAY 46.70
4516 ANTIGUA WAY 46.70
4500 ANTIGUA WAY 46.70
4502 ANTIGUA WAY 46.70
4510 ANTIGUA WAY 46.70
4512 ANTIGUA WAY 46.70
4514 ANTIGUA WAY 46.70
4506 ANTIGUA WAY 46.70
2124 VINA DEL MAR ST 46.70
4504 ANTIGUA WAY 46.70
2116 VINA DEL MAR ST 46.70
2120 VINA DEL MAR ST 46.70
2122 VINA DEL MAR ST 46.70
2110 VINA DEL MAR ST 46.70
2112 VINA DEL MAR ST 46.70
2114 VINA DEL MAR ST 46.70
2113 MARTINIQUE ST 46.70
2115 MARTINIQUE LN 46.70
2117 MARTINIQUE LN 46.70
2105 MARTINIQUE ST 46.70
2107 MARTINIQUE ST 46.70
2111 MARTINIQUE ST 46.70
2163 MARTINIQUE LN 46.70
2101 MARTINIQUE ST 46.70
2103 MARTINIQUE LN 46.70
2161 MARTINIQUE LN 46.70
447
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-430-165
191-0-430-175
191-0-430-185
191-0-430-195
191-0-430-205
191-0-430-215
191-0-430-225
191-0-430-235
191-0-430-245
191-0-430-255
191-0-430-265
191-0-430-275
191-0-430-285
191-0-430-295
191-0-430-305
191-0-430-315
191-0-430-325
191-0-430-335
191-0-430-345
191-0-430-355
191-0-430-365
191-0-430-375
191-0-430-385
191-0-430-395
191-0-430-405
191-0-430-415
191-0-430-425
191-0-430-435
191-0-430-445
191-0-430-455
191-0-430-465
191-0-430-475
4465 ANTIGUA WAY 46.70
4467 ANTIGUA WAY 46.70
4451 ANTIGUA WAY 46.70
4463 ANTIGUA WAY 46.70
4457 ANTIGUA WAY 46.70
4461 ANTIGUA WAY 46.70
4432 ANTIGUA WAY 46.70
4430 ANTIGUA WAY 46.70
4455 ANTIGUA WAY 46.70
4442 ANTIGUA WAY 46.70
4434 ANTIGUA WAY 46.70
4436 ANTIGUA WAY 46.70
4454 ANTIGUA WAY 46.70
4456 ANTIGUA WAY 46.70
4440 ANTIGUA WAY 46.70
4446 ANTIGUA WAY 46.70
4450 ANTIGUA WAY 46.70
4452 ANTIGUA WAY 46.70
4462 ANTIGUA WAY 46.70
4460 ANTIGUA WAY 46.70
4444 ANTIGUA WAY 46.70
4470 ANTIGUA WAY 46.70
4466 ANTIGUA WAY 46.70
4464 ANTIGUA WAY 46.70
4476 ANTIGUA WAY 46.70
4474 ANTIGUA WAY 46.70
4472 ANTIGUA WAY 46.70
4477 ANTIGUA WAY 46.70
4471 ANTIGUA WAY 46.70
4473 ANTIGUA WAY 46.70
4480 ANTIGUA WAY 46.70
4475 ANTIGUA WAY 46.70
448
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-430-485
191-0-430-495
191-0-430-505
191-0-430-515
191-0-430-525
191-0-430-535
191-0-430-545
191-0-430-555
191-0-430-565
191-0-430-575
191-0-430-585
191-0-430-595
191-0-430-605
191-0-430-615
191-0-430-625
191-0-430-635
191-0-430-645
191-0-430-655
191-0-430-665
191-0-430-675
191-0-430-685
191-0-430-695
191-0-430-705
191-0-430-715
191-0-430-725
191-0-440-015
191-0-440-025
191-0-440-035
191-0-440-045
191-0-440-055
191-0-440-065
191-0-440-075
2057 MAJORCA DR 46.70
2053 MAJORCA DR 46.70
2063 MAJORCA DR 46.70
2061 MAJORCA DR 46.70
2055 MAJORCA DR 46.70
4485 ANTIGUA WAY 46.70
2065 MAJORCA DR 46.70
2067 MAJORCA DR 46.70
4481 ANTIGUA WAY 46.70
4487 ANTIGUA WAY 46.70
4483 ANTIGUA WAY 46.70
4401 ANTIGUA WAY 46.70
4417 ANTIGUA WAY 46.70
4415 ANTIGUA WAY 46.70
4407 ANTIGUA WAY 46.70
4405 ANTIGUA WAY 46.70
4403 ANTIGUA WAY 46.70
4435 ANTIGUA WAY 46.70
4413 ANTIGUA WAY 46.70
4411 ANTIGUA WAY 46.70
4423 ANTIGUA WAY 46.70
4421 ANTIGUA WAY 46.70
4437 ANTIGUA WAY 46.70
4431 ANTIGUA WAY 46.70
4427 ANTIGUA WAY 46.70
4425 ANTIGUA WAY 46.70
4443 ANTIGUA WAY 46.70
4441 ANTIGUA WAY 46.70
4433 ANTIGUA WAY 46.70
4453 ANTIGUA WAY 46.70
4445 ANTIGUA WAY 46.70
4447 ANTIGUA WAY 46.70
449
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-440-085
191-0-440-095
191-0-440-105
191-0-440-115
191-0-440-125
191-0-440-135
191-0-440-145
191-0-440-155
191-0-440-165
191-0-440-175
191-0-440-185
191-0-440-195
191-0-440-205
191-0-440-215
191-0-440-225
191-0-440-235
191-0-440-245
191-0-440-255
191-0-440-265
191-0-440-275
191-0-440-285
191-0-440-295
191-0-440-305
191-0-440-315
191-0-440-325
191-0-440-335
191-0-440-345
191-0-440-355
191-0-440-365
191-0-440-375
191-0-440-385
191-0-440-395 1953 MAJORCA DR 46.70
1961 MAJORCA DR 46.70
1955 MAJORCA DR 46.70
1957 MAJORCA DR 46.70
1975 MAJORCA DR 46.70
1977 MAJORCA DR 46.70
1963 MAJORCA DR 46.70
1967 MAJORCA DR 46.70
1973 MAJORCA DR 46.70
1971 MAJORCA DR 46.70
2047 MAJORCA DR 46.70
2045 MAJORCA DR 46.70
1965 MAJORCA DR 46.70
2037 MAJORCA DR 46.70
2043 MAJORCA DR 46.70
2041 MAJORCA DR 46.70
2033 MAJORCA DR 46.70
2031 MAJORCA DR 46.70
2035 MAJORCA DR 46.70
2021 MAJORCA DR 46.70
2025 MAJORCA DR 46.70
2027 MAJORCA DR 46.70
2015 MAJORCA DR 46.70
2017 MAJORCA DR 46.70
2023 MAJORCA DR 46.70
2001 MAJORCA DR 46.70
2007 MAJORCA DR 46.70
2003 MAJORCA DR 46.70
2013 MAJORCA DR 46.70
2011 MAJORCA DR 46.70
2005 MAJORCA DR 46.70
2051 MAJORCA DR 46.70
450
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-440-405
191-0-440-415
191-0-440-425
191-0-440-435
191-0-440-445
191-0-440-455
191-0-440-465
191-0-440-475
191-0-440-485
191-0-440-495
191-0-440-505
191-0-440-515
191-0-440-525
191-0-440-535
191-0-440-545
191-0-440-555
191-0-440-565
191-0-440-575
191-0-440-585
191-0-440-595
191-0-440-605
191-0-440-615
191-0-440-625
191-0-440-635
191-0-440-645
191-0-440-655
191-0-440-665
191-0-440-675
191-0-440-685
191-0-450-015
191-0-450-025
191-0-450-035
1983 SAN SEBASTIAN DR 46.70
1981 SAN SEBASTIAN DR 46.70
1985 SAN SEBASTIAN DR 46.70
1910 MAJORCA 46.70
1914 MAJORCA DR 46.70
1916 MAJORCA DR 46.70
1912 MAJORCA DR 46.70
1900 MAJORCA DR 46.70
1904 MAJORCA DR 46.70
1907 MAJORCA DR 46.70
1902 MAJORCA DR 46.70
1906 MAJORCA DR 46.70
1903 MAJORCA DR 46.70
1901 MAJORCA DR 46.70
1905 MAJORCA DR 46.70
1917 MAJORCA DR 46.70
1911 MAJORCA DR 46.70
1915 MAJORCA DR 46.70
1927 MAJORCA DR 46.70
1925 MAJORCA DR 46.70
1913 MAJORCA DR 46.70
1935 MAJORCA DR 46.70
1923 MAJORCA 46.70
1921 MAJORCA DR 46.70
1933 MAJORCA DR 46.70
1931 MAJORCA DR 46.70
1937 MAJORCA DR 46.70
1947 MAJORCA DR 46.70
1943 MAJORCA DR 46.70
1941 MAJORCA DR 46.70
1951 MAJORCA DR 46.70
1945 MAJORCA DR 46.70
451
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-450-045
191-0-450-055
191-0-450-065
191-0-450-075
191-0-450-085
191-0-450-095
191-0-450-105
191-0-450-115
191-0-450-125
191-0-450-135
191-0-450-145
191-0-450-155
191-0-450-165
191-0-450-175
191-0-450-185
191-0-450-195
191-0-450-205
191-0-460-015
191-0-460-025
191-0-460-035
191-0-460-045
191-0-460-055
191-0-460-065
191-0-460-075
191-0-460-085
191-0-460-095
191-0-460-105
191-0-460-115
191-0-460-125
191-0-460-135
191-0-460-145
191-0-460-155
4724 SAN SEBASTIAN DR 46.70
4720 SAN SEBASTIAN DR 46.70
4740 SAN SEBASTIAN DR 46.70
4742 SAN SEBASTIAN DR 46.70
4726 SAN SEBASTIAN DR 46.70
4744 SAN SEBASTIAN DR 46.70
4762 SAN SEBASTIAN DR 46.70
4746 SAN SEBASTIAN DR 46.70
4766 SAN SEBASTIAN DR 46.70
4764 SAN SEBASTIAN DR 46.70
4760 SAN SEBASTIAN DR 46.70
1965 SAN SEBASTIAN DR 46.70
1961 SAN SEBASTIAN DR 46.70
1963 SAN SEBASTIAN DR 46.70
2065 SAN SEBASTIAN DR 46.70
2067 SAN SEBASTIAN DR 46.70
1967 SAN SEBASTIAN DR 46.70
2047 SAN SEBASTIAN DR 46.70
2063 SAN SEBASTIAN DR 46.70
2061 SAN SEBASTIAN DR 46.70
2043 SAN SEBASTIAN DR 46.70
2041 SAN SEBASTIAN DR 46.70
2045 SAN SEBASTIAN DR 46.70
2021 SAN SEBASTIAN DR 46.70
2025 SAN SEBASTIAN DR 46.70
2027 SAN SEBASTIAN DR 46.70
2015 SAN SEBASTIAN DR 46.70
2017 SAN SEBASTIAN DR 46.70
2023 SAN SEBASTIAN DR 46.70
1987 SAN SEBASTIAN DR 46.70
2013 SAN SEBASTIAN DR 46.70
2011 SAN SEBASTIAN DR 46.70
452
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-460-165
191-0-460-175
191-0-460-185
191-0-460-195
191-0-460-205
191-0-460-215
191-0-460-225
191-0-460-235
191-0-460-245
191-0-460-265
191-0-460-275
191-0-460-285
191-0-460-295
191-0-460-305
191-0-460-315
191-0-460-325
191-0-460-335
191-0-460-345
191-0-460-355
191-0-460-365
191-0-460-375
191-0-460-385
191-0-460-395
191-0-460-405
191-0-460-415
191-0-460-425
191-0-460-435
191-0-460-445
191-0-460-455
191-0-460-465
191-0-460-475
191-0-460-485 2001 SAN TROPEZ CIR 46.70
1986 SAN TROPEZ CIR 46.70
2007 SAN TROPEZ CIR 46.70
2005 SAN TROPEZ CIR 46.70
1982 SAN TROPEZ CIR 46.70
1980 SAN TROPEZ CIR 46.70
1984 SAN TROPEZ CIR 46.70
1972 SAN TROPEZ CIR 46.70
1974 SAN TROPEZ CIR 46.70
1976 SAN TROPEZ CIR 46.70
1964 SAN TROPEZ CIR 46.70
1966 SAN TROPEZ CIR 46.70
1970 SAN TROPEZ CIR 46.70
1956 SAN TROPEZ CIR 46.70
1960 SAN TROPEZ CIR 46.70
1962 SAN TROPEZ CIR 46.70
1952 SAN TROPEZ CIR 46.70
1950 SAN TROPEZ CIR 46.70
1954 SAN TROPEZ CIR 46.70
1930 SAN TROPEZ CIR 46.70
1934 SAN TROPEZ CIR 46.70
1936 SAN TROPEZ CIR 46.70
4670 SAN SEBASTIAN DR 46.70
4672 SAN SEBASTIAN DR 46.70
1932 SAN TROPEZ CIR 46.70
4702 SAN SEBASTIAN DR 46.70
4676 SAN SEBASTIAN DR 46.70
4674 SAN SEBASTIAN DR 46.70
4706 SAN SEBASTIAN DR 46.70
4704 SAN SEBASTIAN DR 46.70
4700 SAN SEBASTIAN DR 46.70
4722 SAN SEBASTIAN DR 46.70
453
APN Assessment Total
City of Oxnard
MAD No. 4 (Mandalay Beach)
Assessment Detail Report for Fiscal Year 2024/25
Site Address
191-0-460-495
191-0-460-505
191-0-460-515
191-0-460-525
191-0-460-535
191-0-460-545
191-0-460-555
191-0-460-565
191-0-460-575
191-0-460-585
191-0-460-595
191-0-460-605
191-0-460-615
191-0-460-625
191-0-460-635
191-0-460-645
191-0-460-655
191-0-460-665
191-0-460-675
191-0-460-685
191-0-460-695
191-0-460-705
191-0-460-715
191-0-460-725
191-0-460-735
441 Accounts $39,446.00
46.70 46.70
1996 SAN TROPEZ CIR
1994 SAN TROPEZ CIR
46.70 46.70
1990 SAN TROPEZ CIR
1992 SAN TROPEZ CIR
46.70 46.70
1945 SAN TROPEZ CIR
1947 SAN TROPEZ CIR
46.70 46.70
1943 SAN TROPEZ CIR
1941 SAN TROPEZ CIR
46.70 46.70
4685 SAN SEBASTIAN DR
4687 SAN SEBASTIAN DR
46.70 46.70
4681 SAN SEBASTIAN DR
4683 SAN SEBASTIAN DR
46.70 46.70
4695 SAN SEBASTIAN DR
4697 SAN SEBASTIAN DR
46.70 46.70
4691 SAN SEBASTIAN DR
4693 SAN SEBASTIAN DR
46.70 46.70
4711 SAN SEBASTIAN DR
4713 SAN SEBASTIAN DR
46.70 46.70
4717 SAN SEBASTIAN DR
4715 SAN SEBASTIAN DR
46.704733 SAN SEBASTIAN DR
4735 SAN SEBASTIAN DR 46.70
4731 SAN SEBASTIAN DR 46.70
2003 SAN TROPEZ CIR 46.70
4737 SAN SEBASTIAN DR 46.70
454
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)
CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:
Geographic Information Systems Division
March 2023
Data Source:
City of Oxnard GIS Division
County of Ventura GIS Program
455
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island
MAINTENANCE ASSESSMENT DISTRICT
WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony
LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS
COMMUNITY FACILITIES DISTRICTS
456
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon.
DISTRICT BOUNDARY
PATH (32,751 SQ FT)
PLANTER (53,720 SQ FT)
SAND / DUNE (324,074 SQ FT)
TURF (66,943 SQ FT)
CITY BOUNDARY
Proposed Maintenance to
Remain MAD 4 Responsibility
MAD No. 4
(Mandalay Beach/Colony/Hotel)
O
0 150 300 45075 Feet
Coordinate System: NAD 1983 StatePlane
California FIPS 0405 Feet
Source: City of Oxnard & Ventura County
District boundaries and authorized improvements are
subject to change based on the final formation documentation 457
458
459
Adoption of Resolution for the FY
2024-25 Levy of Assessments in
Mandalay Beach Maintenance District
Finance & Governance Committee
May 14, 2024
City Council
June 4, 2024
Anthony Miller
Interim Special Districts Manager
460
That the Finance & Governance Committee recommend that
the City Council, acting as the legislative body for the Mandalay Beach Maintenance District:
1. Hold a Public Hearing on June 4, 2024 to receive public testimony regarding the proposed Fiscal Year 2024-25
assessments for the Mandalay Beach Maintenance District; and
2. Adopt a resolution to levy the special tax assessment for Fiscal Year 2024-25 within the Mandalay Beach Maintenance District.
RECOMMENDATION
2 461
That the City Council, acting as the legislative body for the Mandalay Beach Maintenance District (MAD 4):
1. Hold a public hearing to receive public testimony
regarding the proposed Fiscal Year 2024-25 assessments for the Mandalay Beach Maintenance District; and
2. Adopt a resolution to levy the special tax assessment for Fiscal Year 2024-25 within the Mandalay Beach Maintenance District.
RECOMMENDATION
3 462
• On November 22, 1983, the Mandalay Beach Maintenance
District (“District” or “MAD-4”) was formed pursuant to the Improvement Act of 1911, in order to recover the cost of the City’s maintenance of a 36-acre beach area, plus
landscaping on public rights-of-way within Tract No. 2923 • July 1, 1986: City’s responsibility to maintain the
above-mentioned areas became effective
• July 5, 1988: City Council adopted Resolution No. 9,500, which shifted the bulk of the District’s beach maintenance costs from residents of The Colony to the Mandalay Beach Resort Hotel
BACKGROUND
4 463
5 MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD
More information can
be found at:
oxnard.org/city-depart
ment/finance/special-
assessment-districts/
464
• Total assessment levy for Fiscal Year 2024-25 is $39,446 which funds expenses for landscape and beach
maintenance.
Landscaping ($21,346)
The District maintains the landscape areas along Falkirk Avenue, Harbor Boulevard, Mandalay Beach Road, Costa
del Oro, and the bikeway/greenbelt along the southerly
property line. Based on an agreement between the
residential developers and the Mandalay Beach Resort
Hotel executed in February 1984 - $21,346 allocated cost:
• 75.4% to The Colony residential development of $16,095 • 24.6% to the Embassy Suite hotel of $5,251
DISCUSSION
6 465
Beach Maintenance ($18,100)
• District bears 60% of the beach maintenance cost. Of that,
75.4% is paid by the Embassy Suites hotel and 24.6% is paid by the Colony.
DISCUSSION
7 Annual Costs = $30,092 District City
Percent Share of $30,092 x 60% x 40%
FY 2022-23 Shared Costs $18,055 $12,037
County Collection Fee $45 $0
Total Beach Maintenance Cost $18,100 $12,037
Embassy Suite’s Share (75.4%) $13,647 $0
Colony's Share (24.6%) $4,453 $0
466
• City will assess property owners in Fiscal Year 2024-25 to pay landscape maintenance costs and 60% of beach
maintenance costs for the Mandalay Beach Maintenance
District.
• City’s portion of the beach maintenance, 40% equaling $12,037, will be included as a transfer out contribution to MAD 4 from the General Fund in Fiscal Year 2024-25
FINANCIAL IMPACT
8 467
468
CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. L.3
DATE: June 4, 2024
TO: City Council and Oxnard Housing Authority
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Public Hearing on the Fiscal Year 2024-25 Proposed Budget. (45 minutes)
RECOMMENDATION
That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the Proposed Budget, in preparation for budget adoption on June 18, 2024.
Please click the following link to view the required Measure M pre-recorded presentation video titled Fiscal Year 2024- 25 Budget Preview: https://youtu.be/XCXCnjxX62k
Please click the following link to view the required Measure M pre-recorded presentation video titled Additional Information on Fiscal Year 2024-25 Proposed Annual Budget: https://youtu.be/ykwH7no4pUw
BACKGROUND
EXECUTIVE SUMMARY
Staff prepared this report for the Finance and Governance Committee (FGC) meeting on May 14, 2024. As a result of a number of concurrent processes that culminate in budget adoption in June, there are three changes to what was presented at the May 14th FGC meeting. Those changes are explained in the section titled Modifications Since Finance and Governance Meeting at the end of this staff report. The presentation before the FGC can be viewed on the City’s website at: https://oxnardca.portal.civicclerk.com/event/5070/media. The digital online Proposed Budget has not been changed to include those modifications.
On May 30, 2024, the Measure O Citizen Oversight Committee will meet to review the proposed Measure O additional expenditures for FY 24-25. This report will be published before that Committee meets, so staff will orally summarize any Measure O Committee substantive recommendations at the Council’s public hearing. The Measure O section of this report is consistent with what was presented to FGC.
If there are further changes or updates between the date of publishing this report and the Council’s June 4th public hearing staff will orally state those at the meeting. Also, since the Capital Improvement Program (CIP) will be heard earlier the same evening as the budget, any changes to the proposed CIP projects listed for FY 24-25 could have an impact on the FY 24-25 Budget, which staff can incorporate into the Council’s consideration of the Budget adoption.
Staff anticipates presenting the FY 24-25 Budget for Council adoption at its June 18, 2024, meeting. Once approved, staff will then incorporate all changes into the final digital online Adopted Budget.
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BACKGROUND
In addition to the Measure M video, the City released a budget preview podcast the week of May 13, 2024, for public viewing (www.oxnard.gov/fiscal-year-2024-2025-budget). The Proposed Budget as provided in the presentation outlines information on where the City of Oxnard prioritizes services and infrastructure to its residents.
This agenda report covers the projected revenues, expenditures and available fund balances for the City's six major funds, including the General Fund, Measure O (Half-Cent Sales Tax) Fund, Water Fund, Wastewater Fund, Golf Fund and Environmental Resources (solid waste) Fund. The Citywide Proposed Expenditure Budget is approximately $760.5 million, which includes the General Fund group: landscape maintenance and community facilities district funds, special revenue funds, assessment district funds, enterprise funds, internal service funds. The Housing Authority’s budget (not part of the City All Funds total) is proposed at $42.2 million. The total budget appropriation amount will include transfers to capital projects amounting to $200.9 million. All Funds Revenues are proposed at $719.2 million.
The figures presented represent the City of Oxnard funds (excluding the Housing Authority, which is scheduled for Council Committee on May 28, 2024, and City Council on June 18, 2024), are preliminary, and may be revised between the May 14th FGC meeting and the June 4th City Council/Housing Authority Board public hearing. Significant changes are not anticipated; however, adjustments may be made to reflect the most current available information, especially since the CIP, Housing Authority Budget and Landscape Maintenance and Community Facility District budget (Special Districts), are being developed and considered during the same time periods as the City Budget.
New Budgeting Software
The Proposed FY 2024-25 Operating and Capital Budgets were prepared using new software for the first time. This software has helped to provide additional efficiency and real-time information throughout the process of building and refining the budget. The City has many funds and sub funds, and the online budget tool provides additional detail regarding all funds. Staff recommends that interested stakeholders review the online digital budget for a full and complete picture of all City funds.
Capital Improvement Program (CIP)
Public Works staff presented the CIP to the Public Works and Transportation Committee on April 23, 2024. The Committee voted to defer making recommendations regarding the prioritization of General Fund and Measure O CIP projects to the full City Council. The FY 2024-25 CIP includes $11.3 million in new projects funded by the General Fund and $14.0 million funded by Measure O. These projects are listed in the CIP section of the digital online budget.
The City Council will receive the Recommended Five-Year CIP and be asked to provide recommendations for funding at its June 4, 2024, regular meeting.
Special Districts
The budget and assessment process for Special Districts is unique and requires additional steps from many of the other City operating budgets. The City Council reviews and approves the FY 2024-25 operating budget for each of the special financing districts through the annual assessment process. As such, the overall City's FY 2024-25 proposed operating budget includes Proposed Budget numbers for special financing districts, but are not final until such time the City Council has gone through the required assessment process. This year, Public Works staff anticipates the annual assessment process to take place at the City Council meetings on June 4, 2024, June 18, 2024, and June 27, 2024 (if needed). Once these annual assessment procedures are concluded, the approved special districts' operating budgets will be included into the overall City operating budget for FY 2024-25. Numbers included on the budget website for Special Districts should not be regarded as final at this time.
DISCUSSION
Over the last couple of years, the City has been on a path to restoring services by maintaining adequate public safety, restoring proper paving street cycles, improving cybersecurity, and maintaining financial stability. For the FY 2024-25 Proposed Budget, as was the case with the FY 2023-24 adopted budget, staff continue to acknowledge challenges 470
including supply chain disruptions, inflation, labor shortages and the Mr. Starr bonding litigation. These challenges have forced the City to slow the pace in terms of restoring programs and investing in infrastructure and enhancing the quality of life. It should be noted that the City has benefited from increases in a number of general tax categories, most notably sales tax, as a result of the Amazon Fulfillment Center operating within the City limits over the last few years. Increases in the federal interest rate have also had a short-term positive impact on interest income earned on the City’s cash and investment balances too. These positive revenues are not likely to continue but have contributed to a record surplus within the General Fund projected by June 30, 2024. Because this is likely not an ongoing revenue increase, staff continues to recommend limited additions of ongoing programs and one-time projects in the budget, which are described in the following major fund areas.
In developing the Proposed Budget for FY 2024-25, careful consideration was given to maintaining and improving the financial position of the City. Oxnard's General Fund has a current Issuer Credit Rating (ICR) from Standard and Poor’s.
Oxnard’s General Fund is currently rated A+, which is slightly lower than neighboring communities such as the cities of Camarillo, Thousand Oaks, and Ventura. The City is on a good path toward improving this rating one notch upward to AA. Credit ratings are important as they affect the price paid to finance infrastructure and reflect financial management practices and resiliency in maintaining city services. Staff is confident that when the City is able to re-access bond markets, its current financial position will be looked upon favorably by external credit rating agencies and may be sufficient to warrant an upgrade.
The following is information about the FY 2024-25 proposed budget for each of the major funds. The Environmental Resources fund includes the recently approved rate structure generating much needed additional revenues, the Water fund reflects the second year of the multiyear water rates adopted by City Council, while Wastewater and Golf continue to budget for the expenditures necessary to maintain infrastructure and deliver services similar to last year’s budget. Capital programs are proposed with supply chain issues, labor shortages and revenue availability taken into consideration.
General Fund (101)
The City has made significant progress towards fiscal sustainability since facing a structural budget deficit of $9.2 million in 2019. Today the City anticipates a budget surplus of approximately $35 million by the end of FY 2023-24. While the surplus is an important milestone, we should consider this as one-time funding that is attributed to the new sales tax allocation from the single Amazon Fulfillment Center, one-time revenue from the American Rescue Plan Act, and slightly higher interest earnings. This surplus provides the opportunity to reinforce the Oxnard City Council’s priority of securing long-term financial stability by using the bulk of the funds to pay down long-term debt. While the community may not see or experience the benefits of this choice today, it is the right action to keep our City on the path of adhering to sound financial principles.
Revenues
General Fund revenues are projected at $235.7 million, $11.8 million (5.3%) greater than the prior year Adopted Budget.
The projected change is primarily due to a $9.4 million increase in general taxes, with non-tax revenue also projected $2.4 million (8.4%) higher than prior year Adopted Budget. The 1% Bradley Burns sales tax (the City's share of the County pool) has been a strong contributor to the General Fund over the last couple of years and is projected to grow another $4.4 million (8.6%) in Fiscal Year 2024-25 compared to the prior year's adopted budget. The 1.5% Measure E local sales and use tax has had more modest growth at $0.1 million (0.2%) reflecting the slower trend within the City.
Many California cities are seeing flat or declining sales tax forecasts in part due to the increase in interest rates at the federal level affecting sectors such as auto sales and other larger discretionary categories.
Property values have again increased following a fairly level year in 2023; the median home price in Oxnard increased
7.8% to $741,282 in April 2024 compared to April 2023. Since January 2020, the median home price in Oxnard is up
28.4% or $164,179. Continuing inflation allows for the maximum allowable increase in assessed value under Proposition
13. It is fair to say that higher federal interest rates, and thus mortgage rates, has had some impact on the housing market.
However, the City’s revenue projection for its portion of levied property tax, including real property transfer tax for FY 2024-25, is projected to grow by $3.3 million (4.7%) to $72.8 million.
Transient occupancy (hotel) tax revenue is projected to increase again in FY 2024-25 to $5.8 million, a rise of $350,000 or 6.4% compared to FY 2023-24 Adopted Budget. The budget does not include any new hotels expected to come online 471
in FY 2024-25.
Finally, non-tax revenues are projected to grow by $2.4 million (8.3%) higher compared to last fiscal year, primarily a result of higher federal interest rates and the ripple effect to the City’s investment portfolio.
Expenditures
Total General Fund expenditures are projected at $255.7 million, of which $20.0 million is proposed to represent the investment of a portion of the City’s one-time surplus as contributions towards the City’s long term debt related to pensions. The remaining $235.7 million – in line with FY 2024-25 proposed revenues, is the Proposed Budget to support ongoing services to Oxnard residents. The FY 2024-25 Proposed Budget of $235.7 million represents a $10.8 million (4.8%) increase compared to FY 2023-24 Adopted Budget. The increase in expenditures mirrors the increase in revenues ensuring a prudent growth that can be funded with ongoing revenues.
The FY 2024-25 Proposed Budget includes $3.1 million in ongoing expenditures in relation to employee pay and benefit increases approved by Council and anticipated changes for bargaining groups with no current agreement beyond FY 2023-24. The Proposed Budget includes $4.3 million additional funding for the City’s Internal Service Funds (ISF) – primarily Information Technology (IT) as the department continues to deliver much needed infrastructure, software and cyber security enhancements. The Proposed Budget also includes a $1.5 million additional contribution to the Workers’ Compensation Insurance Fund, helping to reduce some of the deficit in that fund. There are ten new General Fund positions, as well as various reclassifications, resulting in a net cost of $0.9 million. In addition, there are four reductions in Police sworn positions to fund external contracts for no dollar impact. Note, the General Fund made its last court ordered reimbursement of the Infrastructure Use Fees to the Utility Funds in FY 2023-24.
Furthermore, Public Safety budgets are increasing by $3.8 million of new funding with the Oxnard Police Department increasing by $1.1 million for items including overtime ($0.5 million), patrol vehicle leases ($0.3 million), Ventura County Animal Shelter cost increase ($0.1 million), and body worn cameras and utilities adjustments due to inflation ($0.2 million). The Fire Department proposal includes an increase of $2.7 million in ongoing funding, including overtime increases for mandated station coverage ($1.9 million), Fire vehicle leases ($0.4 million), transfer of three grant-funded firefighters to the General Fund ($0.3 million), and smaller items totaling $0.1 million.
Public Works increases in proposed funding total $1.5 million include utilities adjustments due to inflation (budgets have not increased for a number of years) of $0.9 million covering electricity, fuel, gas, trash services (ER), water and wastewater costs for operating and maintaining the City’s parks and infrastructure. Also included is the purchase of much needed machinery including a bucket truck and park vehicle leases for a total of $0.5 million. Inflationary adjustments for other contracts and services add another $0.1 million.
Community and Cultural Services proposes an additional $0.5 million in funding to provide adequate funding for temporary labor of $0.3 million. (Previous budgets were calculated prior to the current $16 per hour minimum wage.) The Proposed Budget also enhances library security services, adds staff training and development, and includes additional funding to accommodate increased costs associated with the Junior High Graduation event for a total of $0.2 million.
Finally, the City Manager's Office has proposed $0.5 million necessary to initiate a plan to come into compliance with Native American Graves Protection and Repatriation Act, related to the Carnegie Art Museum Collection. The City Manager’s Office also includes $1.5 million as a non-departmental contingency for any unforeseen events within FY 2024-25 given the level of uncertainty around the economy and political events occurring nationwide and around the world.
Continued Impact of Bond Litigation
The FY 2023-24 Adopted Budget included $11.1 million to cash-fund CIP projects that included $4.0 million in Streets and $3.0 million in ERP project funding that would otherwise have been paid with bond financing. Staff recommends this because the court decision in the City's favor is currently under appeal. However, the City can only do this due to the one- time surplus, and it cannot continue to fund CIP projects with cash at this level for multiple years. Issuing debt service is a standard practice for cities across the nation to implement CIP projects, while maintaining reserves, and aligning the benefits provided to the community by major infrastructure projects with how to pay for the cost to execute those 472
projects.
The General Fund's current debt service, including the Measure O loan payment for FY 2024-25, and excluding vehicle lease purchase loans, is budgeted at $5.9 million and represents approximately 2.6% of the General Fund proposed operating expenses. This is below the 10% limit established by the City’s Debt Management Policy.
Hiring Market Continues to be Challenging
Included in the Proposed Budget is $11.0 million of anticipated net personnel savings resulting from unfilled positions.
The vacancy savings are based on recent trends experienced by the City. Vacancy rates are significant due to labor shortages that are being experienced throughout the country. The Human Resources Department continues to face significant hiring challenges with rising wages and increased competition due to low unemployment.
As of March 31, 2024, there were 164 vacant of 1475.75 authorized FTE positions throughout the City with a vacancy rate of 11.18 percent of approved positions. Staff recommends incorporating a modest assumption of vacancies into the City’s annual General Fund budget. For FY 2024-25 an $11.0 million proposed vacancy savings represents about a 9% vacancy rate compared to the FY 2023-24 assumption of 9.25%.
Fund Balance
The City’s Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), which was presented to the City Council at the March 19, 2024, meeting, contained information regarding the general fund balance. It was reported that the general fund had a fund balance at the end of FY 2022-23 above the Council reserve policy target of 13%.
Staff project revenues to exceed expenses by $12.0 million in FY 2023-24, which would result in a spendable fund balance by June 30, 2024, of $62.8 million, which is $35.0 million above the Council reserve policy of $27.8 million.
The FY 2024-25 Proposed Budget includes expenditures $20.0 million in excess of revenues, and a recommended acceleration to the Council policy reserve target of 16.6% as explained below, resulting in an anticipated spendable fund balance of $42.8 million, $5.5 million over the recommended Council reserve target of $37.3 million (16.6% of operating expenditures).
The surplus takes a number of months to calculate and will be confirmed following completion of the annual audit and FY 2023-24 ACFR by December 2024.
Given this record one-time surplus, the City Manager recommends one-time investments to continue to improve the City's long-term financial position. The recommendation includes the allocation of $9.5 million to meet the Council's ultimate goal of 16.6% of operating budget ($37.3 million) in reserve, four years ahead of schedule, the allocation of $20.0 million as a payment to long term pension debts, and leaving $5.5 million in abeyance to revisit at mid-year. Given the Proposed Budget for FY 2024-25 is a balanced one, this would mean if the City were to meet its budget for both revenue and expenditures, the predicted FY 2024-25 ending surplus come June 30, 2025, is $5.5 million (2.4%) in addition to the City’s reserve policy of 16.6 percent of the operating budget.
The available fund balance would only include reserves that are “assigned” and “unrestricted” as defined by Government Accounting Standards Board Statement Number 54. Staff recommends amending the “Establishing Financial Management Policies” resolution to endeavor to maintain a minimum reserve of 16.6% of the adopted operating budget from FY 2024-25 on, as attached to this staff report. This resolution includes additional recommended changes to improve operational efficiency, while maintaining administrative approval for specific carryover and budget appropriations. The rest of the resolution is identical to the one with the same title in FY 2023-24. Furthermore, staff propose minor modifications to the resolution approving the City Operating and Capital Improvement Budget in similar manner to enable administrative approval for these same carryovers of budget. Both resolutions are red-lined to show the recommended changes from prior year adopted resolutions with regard to these changes and are included within the attachments to this report.
For additional detail, refer to the General Fund tables in Attachment 5.
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Measure O Fund (104)
Revenues
FY 2024-25 revenue from the Measure O half-cent sales (transactions and use) tax is proposed at $21.6 million, a $0.2 million (0.9%) increase over the FY 2023-24 budget. Similar to Measure E sales taxes mentioned in the General Fund narrative, local sales tax receipts have reflected a slow down across a number of categories. This is reflected in a $0.2 million reduction (0.9%) in FY 2024-25 to $19.3 million proposed. Interest income has benefited from rate rises and is projected at $0.5 million, an increase of $0.4 million (390%) compared to the FY 2023-24 Adopted Budget.
It is noted that FY 2024-25 is the last year of repayments of a loan between the General Fund and Measure O, reflecting $1.9 million in proceeds for the Measure O fund.
Expenditures
Long term planning must incorporate that the Measure O half-cent sales tax will terminate on March 31, 2029. The Measure O Committee recommended on April 28, 2022, and Council adopted on June 7, 2022, a Measure O Weaning Schedule to ensure we are slowly and methodically moving Measure O funded ongoing programs to an alternative funding source such as the General Fund. The focus of any new additions to the Measure O Fund is for one-time projects.
The Committee met most recently on April 25, 2024, to review updates to the weaning schedule. In FY 2024-25, as previously adopted by Council, staff is weaning $1.1 million from Measure O to the General Fund. Of this, $1.0 million relates to the Enhanced Computer Aided Dispatch (the 911 system), Records Management and Mobile Data Computers Systems, with the remaining $0.1 million reflecting the Integrated Library System and Library Wifi projects.
The FY 2024-25 Measure O Proposed Budget includes a $14.0 million transfer to the Capital Outlay Fund of the General Fund to cash fund project execution while the bond litigation is ongoing. The $14.0 million is identified in the CIP page in the City’s Proposed Budget. The list includes funding for Neighborhood Street Resurfacing $5.0 million, Citywide Alleyways $4.0 million, Mandalay Sea Walls $2.5 million, Traffic Signal Modification $1.0 million, Public Restroom Improvements $1.0 million and other projects totaling $0.6 million. The City is also adding new one-time operating funding totaling $0.9 million in equipment, rent stabilization and election funding.
Fund Balance
Measure O Fund surplus was $17.5 million as at June 30, 2023. A surplus of $15.7 million is forecast as at June 30, 2024.
The Proposed FY 2024-25 budget revenues of $21.6 million and expenditures of $22.6 million result in a use of fund balance of $1.0 million, leading to a surplus of $14.7 million at the end of FY 2024-25. The projected ending fund balance as of June 30, 2024, along with the Weaning Schedule, is adequate to support paying down debt in future years and supporting one-time projects until Measure O sunsets in FY 2028-29. (These numbers have not been amended from the May 14, 2024, FGC report. For the impact of the three new recommendations, please see the Modifications Since Finance and Governance Committee section of this report.)
For additional detail, refer to the Measure O tables in attached Attachment 3.
Enterprise Funds
The Water, Wastewater, Environmental Resources and Golf Funds section of this staff report excludes the transfer in and transfer out transactions necessary to move money between funds within the same division as they can have the effect of doubling up the expenditures and revenues related to CIP transfers. All numbers quoted for total revenue and expenses net these transactions. Additionally, the Budget Forecast section of the annual budget publication shows a five-year forecast for each enterprise fund.
Water Funds (601-609)
Revenues
FY 2024-25 Water Fund revenues are projected to be $71.4 million, and increase by $1.7 million, (2.5%) compared to FY 474
2023-24 Adopted Budget at $69.9 million. Water Sales, of which approximately 93% result from utility fees paid by users, are projected to total $65.9 million a $0.7 million, (1.3%) reduction when compared to the FY 2023-24 Adopted Budget. FY 2024-25 marks the second year of the recently adopted rate study and so includes an assumption of an average +9.5% increase in water rates. The amount of water to be consumed by water fund customers is proposed to be lower in FY 2024-25 than what was assumed in FY 2023-24 based upon recent experience since the FY 2023-24 budget was approved.
Other revenues are proposed to grow by a total of $2.2 million (67.1%). Interest income is the largest single variance included in the FY 2024-25 Proposed Budget at $1.8 million, an increase of $1.4 million (428.1%) compared to the FY 2023-24 Adopted Budget. Note, the Water Fund received its last court ordered reimbursement of Infrastructure Use Fees from the General Fund in FY 2023-24.
Expenditures
FY 2024-25 Water Fund expenditures are proposed at $82.0 million, which is $12.1 million (17.4%) higher than the Adopted Budget for FY 2023-24. $10.4 million of this increase is new funding for CIP projects. These projects are listed in the CIP page in the budget document and include Recycled Water Aquifer Storage and Recovery for $4.5 million, Water Production SCADA Improvements at $2.0 million, and Groundwater Desalter Improvements at $1.0 million. Other projects account for the remaining $2.9 million.
Salaries and benefits are projected at $0.7 million higher than last year. Services and supplies are increasing by $0.7 million. Transfers out for Internal Service Funds and other supplies account for the other $0.3 million in increases.
Fund Balance
The combined Water Funds had a total spendable fund balance of $25.5 million, which includes a surplus of $8.7 million above the reserve target amount of $16.8 million as at June 30, 2023. A surplus of $3.0 million is projected for FY 2023- 24, meaning a surplus of $11.7 million at June 30, 2024, is forecast.
The proposed FY 2024-25 budget revenues of $71.4 million and expenditures of $82.0 million result in a use of surplus and reserve target fund balance of $10.6 million in the year. The predicted FY 2024-25 ending surplus at June 30, 2025, is $0.5 million. This results in a projected ending fund balance surplus of $0.5 million - just above the City Council policy reserve amount at $17.9 million (25.7%).
For additional detail, refer to the Water Fund tables in Attachment 5.
Wastewater Funds (611-617 & 628)
Revenues
FY 2024-25 Wastewater Fund revenues are projected to total $95.6 million. $48.0 million of this represents proceeds from debt to finance large CIP projects. Removing this shows an underlying operating revenue reduction of $2.8 million (5.6%) compared to the FY 2023-24 Adopted Budget. 95% of Wastewater Fund revenue is from utility fees paid by users, and this is projected to decline by $1.5 million (3.1%) to $45.1 million due to lower volumes assumed. The main reason for the overall reduction is that the Wastewater funds no longer receive any Infrastructure Use Fee reimbursement as the final payment was received in FY 2023-24. This reduces revenue by $2.8 million. Interest Income is proposed to be $1.5 million (271.5%) higher in FY 2024-25 than in FY 2023-24 due to the impact of federal interest rate increases on the City’s cash and investment portfolio.
Expenditures
FY 2024-25 Wastewater Fund expenditures are proposed at $98.1 million. $48.0 million of this is the expense in capital projects of the proceeds from debt explained in the revenue section. The $48.0 million will fund three CIP projects:
Oxnard Wastewater Treatment Plant (OWTP) Primary Clarifiers and Activated Sludge Improvements ($21.0 million), OWTP Reliability Improvements ($22.0 million), and Wastewater Collection - Gravity Main Improvements ($5.0 million). Other CIP projects total $8.3 million and can be viewed on the CIP page of the budget document. 475
Salaries and benefits are proposed at $13.1 million, an increase of $0.2 million (4.0%) compared to the FY 2023-24 Adopted Budget. Other operating expenses are budgeted at $28.6 million, a $0.3 million (0.9%) reduction from last year primarily due to a reduction in professional services of $1.0 million (21.8%), offsetting other smaller increases for inflation.
Fund Balance
The combined Wastewater Funds had a total spendable fund balance of $61.5 million, which includes a surplus of $51.4 million above the reserve target amount of $10.1 million as at June 30, 2023. A deficit of $3.0 million is projected in FY 2023-24, meaning a surplus of $48.4 million is projected as at June 30, 2024.
The Proposed FY 2024-25 budget revenues of $95.6 million and expenditures of $98.1 million result in a use of fund balance of $2.5 million in the year. The predicted FY 2024-25 ending surplus as at June 30, 2025, is $46.1 million. Added to the reserve amount of $9.9 million (25.0%), the total is $56.0 million (134.3%). The Fund Balance is anticipated to be consumed over the next few years with significant capital expenditures as shown in the five year forecast in the Budget Schedules section of the budget document.
For additional detail, refer to the Wastewater Fund tables in attached Additional Information on FY 2024-25 Proposed Annual Budget.
Environmental Resources Funds (631-638)
Revenues
FY 2024-25 Environmental Resources Fund revenues are projected to total $59.2 million, an increase of $1.0 million (20%) compared to FY 2023-24 Adopted Budget. Nearly all of the revenue is paid by users through utility fees and an increase of $12.3 million (27%) is included for user rates and fees in line with recent council approved rate increases.
Interest income is proposed at $0.5 million, an increase of $0.4 million (253%). Reimbursement of prior Infrastructure Use Fees from the General Fund ceased in FY 2023-24, resulting in a reduction of $2.6 million in FY 2024-25.
Expenditures
FY 2024-25 Environmental Resources Fund expenditures are proposed at $64.1 million, a $5.9 million (10%) increase compared to the FY 2023-24 Adopted Budget. Salaries and benefits are proposed to increase by $2.4 million (10%) with an increase in the amount of overtime anticipated to provide services in FY 2024-25. The division is also including $2.3 million more to purchase needed equipment and vehicles than FY 2023-24 for a total of $2.8 million. Other costs are proposed to increase in line with inflation.
Fund Balance
The combined Environmental Resources Funds had a total fund spendable balance of $21.1 million, which is $6.7 million above the Council policy reserve target amount of $14.3 million (25% of operating expenses) as at June 30, 2023. For FY 2023-24, projected expenses are $7.0 million above projected revenues. This requires use of fund balance and will result in not meeting the reserve target by $0.3 million as at June 30, 2024.
The Proposed FY 2024-25 budget revenues of $59.2 million and expenditures of $63.1 million results in a use of $3.9 million of fund balance in the year. The predicted FY 2024-25 ending fund balance will be $4.7 million below the 25% reserve policy, but will leave $10.2 million in total spendable fund balance which is equivalent to 17% of operating expenses. Going below, and staying below, the 25% reserve policy is consistent with the Council approved Environmental Resources Cost of Service Study.
For additional detail, refer to the Environmental Resources Fund tables in Attachment 5.
Golf Funds
476
Revenues
FY 2024-25 Golf Fund revenues are projected to total $6.6 million, an increase of $0.2 million (2.5%) compared to FY 2023-24 Adopted Budget. Golf fees are proposed at the same level as the prior budget, with interest income proposed to grow $0.2 million in FY 2024-25.
Expenditures
FY 2024-25 Golf Fund expenditures are proposed at $7.3 million, an increase of $1.5 million (25.1%) compared to FY 2023-24 Adopted Budget. Expenditures are proposed at the same level as FY 2023-24 with the exception of Transfers for Capital and Internal Service Funds of $1.4 million and $0.1 million respectively.
Included in the CIP is $1.2 million for River Ridge clubhouse roof replacement and exterior improvements and $0.2 million for Certified Unified Program Agency (CUPA) improvements to enhance and ensure hazardous material safety at the golf course.
Fund Balance
The combined Golf Funds surplus had a total spendable fund balance of $5.1 million, which includes a surplus of $3.7 million at June 30, 2023. An additional surplus of $0.6 million is projected for FY 2023-24, meaning a total surplus of $4.3 million as at June 30, 2024, is forecast.
The Proposed FY 2024-25 budget revenues of $6.6 million and expenditures of $7.2 million result in a use of surplus fund balance of $0.7 million in the year. The predicted FY 2024-25 ending surplus, as at June 30, 2025, is $3.7 million, adding the reserve amount of $1.4 million (25.0%) for a total of $5.1 million (86.9%).
For additional detail, refer to the Golf Fund tables in Attachment 5.
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 financial impact of each recommended action is described in the applicable discussion section. The digital version of our Proposed Budget publication is available on the City's website at (https://www.oxnard.gov/fiscal-year-2024-2025- budget) reflecting the budget as presented at the May 14, 2024, Finance and Governance Committee meeting.
COMMITTEE OUTCOME
The Finance and Governance Committee voted 3-0 on May 14, 2024, to recommend that the City Council and Housing Authority Board conduct a public hearing on June 4, 2024, regarding the FY 2024-25 proposed budget.
The Committee members commended City Council actions and staff efforts over the last few years through prudent financial management, as well as the voters for passing Measure E, to turn the finances of the City around from structural deficits of over $9 million a year to a one-time surplus anticipated of $35 million by June 30, 2024. In particular, Chair Zaragoza commended the City Manager’s recommendation to continue to address the long term financial stability of the City to make a significant one-time contribution to pension debt as something that future generations will look back and thank this Council for.
MODIFICATIONS SINCE FINANCE AND GOVERNANCE COMMITTEE
As discussed in the body of that FGC staff report and this report, not all of the proposed revenues and expenditures are final, as many parallel processes converge for budget approval and adoption by Council in June each year. Staff is aware of the following revisions to the Proposed Budget that are not included in the digital online budget document, covered in the accompanying staff presentations, or discussed in the narrative above. 477
1. Special Districts Revenue
Reduction in Special Districts Fund 120, SubFund 2390 for Transfer In Revenue of $9,758 within Landscape Maintenance District (LMD) 39, El Sueno Pomesa / DR Horton / Seawinds from the General Fund correcting a small administrative error from a prior draft of the budget. This item is needed to balance Transfer Out Expenditures from the General Fund that pays for general benefit value associated with LMD 39. This has no effect on the General Fund budget as included in the Proposed Budget.
2. Position Control Resolution
The City Manager has restructured the Billing and Licensing Department to a division of the Finance Department to enhance communication and coordination of the two operations. This change does not have any financial impact to the Proposed Budget as presented to the Finance and Governance Committee, but it does require a modification to the Position Control Resolution, included as Attachment 3 of this report.
3. Senior Nutrition Program
The Ventura County Area Agency on Aging operates the Senior Nutrition Program. This program provides nutritious meals for older adults and people with disabilities within Ventura County through the Senior Nutrition Program (SNP), which includes Congregate and Home-Delivered Meal (HDM) services. Over the last five years, the City has served between 42,700 and 57,814 meals per year.
Historically, the County covered the costs of all food and paper products for the program while also providing the City funding to cover staff to support the program. In March 2024 the County indicated program changes were needed, but additional details did not become available until after the printing of the May 14th FGC staff report.
Based on the information staff knows from the County as of the printing of this staff report, $350,000 in City funding is necessary in FY2024-25 to maintain services levels in Oxnard. Without this funding the number of meals the City provides to seniors would need to be drastically reduced. Staff recommends this funding come from Measure O.
As a result of these modifications, the All Funds Revenue is still proposed at $719.2 million, and All Funds Expenditures are now at $760.8 million (an increase from $760.5 million reported to FGC on May 14th, because the new total includes $350,000 recommended for the Senior Nutrition Program). There is no impact to the General Fund as a result of these modifications.
Prepared by: Mark Sewell, Assistant City Treasurer / Assistant Chief Financial Officer
ATTACHMENTS
1. Resolution Approving the City Operating and Capital Budgets (redline)
2. Resolution Establishing Financial Management Policies FY 24-25 (redline)
3. FY 2024-25 Position Control Resolution
4. FY 2024-25 Proposed Budget Preview Presentation
5. FY 2024-25 Proposed Annual Budget - Additional Information (City Council)
478
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE
CITY OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR 2024-2025
WHEREAS, the City Manager submitted for the consideration of the City Council a proposed City Operating and Capital Budget for fiscal year 2024-2025; and WHEREAS, in accordance with City Code, Section 2-179, a public hearing on these budgets was duly scheduled, advertised and held, and there was an opportunity for all persons to be heard and for their suggestions or objections to be carefully considered.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD HEREBY RESOLVES AS FOLLOWS:
1. The City Council has reviewed the proposed Operating and Capital Improvement Budget and the funds included therein for the period of July 1, 2024 through June 30, 2025 and hereby finds that such budgets, as revised, are sound plans for the financing during fiscal year 2024- 2025 of required City operations, services, and capital improvements. Such budgets are hereby adopted as follows:
2. To the extent funds are available, any unused appropriations at the end of fiscal year 2023-2024 in active capital improvement projects and multi-year programs are hereby re-appropriated for continued use in fiscal year 2024-2025.
3. The Council authorizes the City Manager to transfer and make adjustment of interfund transfers at the close of fiscal year 2023-2024, to eliminate cash deficits in funds when necessary including:
Utility Enterprise Funds, Capital Growth Funds, Impact Fee Funds, Assessment District Funds, Grant Funds, Debt Service Funds, and all other funds that may need such adjustments.
4. Multi-year capital projects or programs funded by Measure O Half-Cent Sales Tax are included in the budget and are hereby re-appropriated to fiscal year 2024-25. In fiscal year 2014-15, the Measure O Fund provided a liquidity loan of $16,000,000 to the General Fund to assure General Fund solvency. The loan is repaid in annual installments of $1,875,688 over a period of ten years at 3% interest.
5. Any remaining balances in approved grant programs, and capital improvement, projects developer deposit and trust fund projects at the end of fiscal year 2023-2024, except for balances reallocated as part of the budget process, are hereby re-appropriated for continuing use in fiscal year 2024- 2025 and all estimated revenues from such approved grants and capital improvement, projects developer deposit and trust fund projects for fiscal year 2023-2024 that are not realized by year end are authorized to be continued.
6. To the extent funds are available, General Fund encumbrances whereby contracts remained active at the close of fiscal year 2023-2024 are carried forward and any corresponding remaining balance of special one-time authorized appropriations are also carried forward with the approval of the City Manager and Chief Financial Officer.
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P a g e 2
6.7. To the extent funds are available and requested by the operating department, any unused capital expenditure appropriation in the operating budget may be carried forward with the approval of the City Manager and Chief Financial Officer.
7.8. All General Fund revenues in excess of expenditures and encumbrances at the close of fiscal year 2023-2024, not otherwise provided for in City Council budget policies or re-appropriated above, are hereby appropriated to the General Fund Operating Reserve on June 30, 2024. Current projections, however, do not anticipate any such excess.
8.9. Staff is directed to correct any clerical errors in the proposed budget document.
9.10.Staff is directed to ensure that the final adopted budget documents containing the Operating Budget and the Capital Improvement Budget for fiscal year 2024-2025 shall contain all revisions made by the City Council prior to final budget adoption.
10.11. The City Manager or designee is authorized to approve any appropriation transfers between departments within a fund or subfund. Any department director is authorized to transfer appropriations between programs, within the same fund or subfund, as long as funding is available in the department as a whole (see Financial Policy-Section I.D 3. and 4.)
11.12.Adoption of this resolution provides Council the authority to expend any and all funds appropriated for purposes as determined in the budget.
PASSED AND ADOPTED on this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
480
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
ESTABLISHING FINANCIAL MANAGEMENT POLICIES
WHEREAS, the City Council wishes to establish financial management policies to be followed in the development and implementation of the City budget.
NOW, THEREFORE, the City Council of the City of Oxnard hereby resolves that the following policies will guide the development and implementation of the City’s Operating and Capital Improvement Project Budgets.
I. BUDGET POLICIES
A. Budget Guidelines
1) The City Manager will prepare a multi-year revenue and expenditure forecast, which will provide parameters for the budget development process. 2) The budget process will include the development of a balanced two-year budget when financial circumstances are appropriate for a two-year budget. Any two-year budget will include an approach that City Council approves appropriations for a one-year operating budget and capital improvement plan.
3) The budget will be organized in a department/service level format. 4) The budget development process will include the identification and evaluation of policy options for service levels. However, the adopted budget will include only those policy options approved by the City Council.
B. Appropriation Priorities
1. In evaluating the level of appropriations for department enhancements, or expense reductions, staff will apply the following principles in the priority order given:
a. Essential services that provide for the health, safety and welfare of residents. b. Contractual obligations to bondholders and other debts. c. Adequate ongoing maintenance of facilities and equipment. d. All other services.
2. When reductions in personnel are necessary to reduce expenditures, to the greatest extent possible this will be accomplished through normal attrition. 481
Resolution No.
C. Supplemental Services
The City Council may budget for certain services that may also be provided by other governmental agencies or the private sector. The provision of these services will be based on a demonstrated community need or benefit over time. When appropriate, these services will be supported in whole or in part by user fees.
D. Appropriation Changes
1. Changes to the City Council adopted budget for the fiscal year shall occur as follows:
2. By City Council action for all changes that either increase or decrease fund or subfund appropriations adopted in the annual budget appropriation resolution.
3. By the City Manager for appropriation transfers between departments within a fund or subfund.
4. By the City Manager for deductive grant revisions where appropriated grant funding becomes unavailable.
4.5. By the Department Director for appropriation transfers between programs within the same fund or subfund, as long as funding is available in the department as a whole.
II. CAPITAL IMPROVEMENT PROGRAM POLICIES
A. Capital Planning Period
1. Staff will budget all capital improvements in accordance with an adopted Capital Improvement Program (CIP).
2. The City’s long-range capital planning period will be a minimum of five years, or longer where appropriate.
3. The Five-Year Capital Improvement Program will be reviewed and approved by City Council on a two-year cycle, or more frequently, as needed based on economic and funding outlooks. Individual projects will be postponed or canceled if their funding fails to materialize. Conversely, individual projects may be moved up on the timeline if their funding materializes sooner than anticipated. City Council will review and approve appropriations at least annually, and also as necessary during the year if funding and timelines change. Appropriation changes will be in accordance with Section I.D.
4. The CIP will be in conformance with and support the City’s major planning documents: the most current General Plan, project specific plans, and citywide master plans for related infrastructure improvements.
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Resolution No.
5. Public Works staff will prepare strategic plans and master plans for major infrastructure and utility improvements with a 10- or 20-year planning horizon when appropriate.
6. For CIP projects paid for by the General Fund, the Finance Department will transfer Council-approved appropriations from the General Fund to the capital project fund from which the capital expenditures are to be made. Most often, this will be Fund 301 Capital Outlay. Such transfers will be made only as actual expenditures occur, not on a fixed regular schedule. Any transfer authorized but not yet made at the end of the fiscal year will be carried-forward into the next fiscal year(s) until project has been completed.
7. To the extent funds are available, any unused appropriations at the end of the fiscal year in active CIP projects will be carried-forward into the next fiscal year(s) until the project has been completed.
8. During the life of a CIP project, any funding source that is replaced by an alternate funding source may be unappropriated from the project upon approval of the City Manager.
8.9.Any unused funds after the completion of the project, will be returned to the funding source. This should happen within 90-days of notification to the Finance department.
B. Capital Project Priorities
1. Public Works staff will evaluate and prioritize each proposed capital project against the following criteria:
a. Health and Safety: Projects needed to maintain or improve human health or safety.
b. Asset Preservation: Projects needed to maintain or protect the City’s existing assets.
c. New or Expanded Services: Projects that create something new, like a new park, or increase the capacity of existing facilities, like larger water or sewer lines.
C. Capital Project Management by the Public Works Department
1. Capital projects will be managed in a phased approach as needed. The project phases will become a framework for appropriate decision points and reporting. The phasing will consist of:
a. Conceptual/schematic proposal
b. Preliminary design and cost estimate
c. Engineering and final design
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Resolution No.
d. Bid administration
e. Acquisition/construction
f. Project closeout
2. Each capital improvement project will have a project manager who will prepare the project proposal, ensure that required phases are completed on schedule, authorize payment of expenditures as required by the City’s Purchasing Manual, ensure that all regulations and laws are observed, periodically report project status, track project expenditures and perform the project closeout according to current procedures.
III. REVENUE POLICIES
A. Maintenance of Revenues
1. The City Council will attempt to maintain a diversified and stable revenue base to shelter the City from short term fluctuations in any one revenue source.
2. The City Council will promote an increase in the City’s revenue base through economic development programs that maintain and enhance a vigorous local economy.
3. The City Council will seek to supplement the City’s revenue base through the identification of and application for State and federal grant funds, which will support identified needs.
B. User Fees and Rates
1. The City Council will attempt to recover the costs of services providing a private benefit to users through the imposition of user fees and charges.
2. The City Council will establish all user fees and charges at a level related to the direct and indirect costs of providing services and the degree of public versus private benefit.
3. Staff will recalculate periodically the full costs of activities supported by user fees and rates to identify the impact of inflation and other cost increases.
4. The City Council will set fees and user rates for each enterprise fund (water, wastewater, environmental resources) at a level that fully supports the total direct and indirect costs of the activity.
C. Revenue Collection
1. Staff will take all cost effective actions available to collect revenues. 484
Resolution No.
2. Staff will grant user fee waivers and debt forgiveness only as authorized by City Council approved policies.
3. Staff will not grant development and permit fee waivers.
D. Interest Earnings
1. Staff will assign interest earnings to the appropriate funds, where required, based on invested cash balances.
2. Investment policies will be reviewed annually by the Finance and Governance Committee.
IV. FUND BALANCE POLICY
This Fund Balance Policy establishes the procedures for reporting unrestricted fund balance in the General Fund financial statements. Certain commitments and assignments of fund balance will help ensure that there will be adequate financial resources to protect the City against unforeseen circumstances, economic downturns and events such as revenue shortfalls and unanticipated expenditures. The policy also authorizes and directs the Chief Financial Officer to prepare financial reports which categorize fund balance in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions.
A. Procedures
Fund balance is essentially the difference between the assets and liabilities reported in a governmental fund. There are five separate components of fund balance, each of which identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts can be spent.
• Non-spendable
• Restricted
• Committed
• Assigned
• Unassigned
The first two components listed above are not addressed in this policy due to the nature of their restrictions. An example of non-spendable fund balance is a prepaid item. Restricted fund balance is either imposed by law or constrained by grantors, contributors, or laws or regulations of other governments. This policy is focused on financial reporting of unrestricted fund balance, or the last three components listed above. These three components are further defined below.
B. Committed Fund Balance
485
Resolution No.
The City Council, as the City’s highest level of decision-making authority, may commit fund balance for specific purposes pursuant to constraints imposed by formal actions taken, such as ordinance or resolution. These committed amounts cannot be used for any other purposes unless the City Council removes or changes the specified use by taking the same type of action it employed to commit those amounts. City Council action to commit fund balance should occur within the fiscal reporting period; however the amount can be determined in the subsequent period.
C. Assigned Fund Balance
1. Amounts that are constrained by the City’s intent to be used for specific purposes, but are neither restricted nor committed, should be reported as assigned fund balance.
2. This policy hereby designates the authority to assign amounts to be used for specific purposes to the Chief Financial Officer for the purpose of reporting these amounts in the annual financial statements.
D. Unassigned Fund Balance
These are residual positive net resources of the general fund in excess of what can be properly classified in one of the other four categories.
V. RESERVE POLICIES
A. Adequate reserves will be maintained for all known liabilities, including payable employee leave balances, workers’ compensation, and self-insured retention limits.
B. The City Council will endeavor to maintain an operating reserve equal to a minimum 1316.6% of the General Fund adopted budget for operating budgetexpenses, increasing to
16.6% in annual one percent increments beginning in FY 2023-24. In FY 2027-28, the Unrestricted Fund Balance should be at a minimum of 16.6%, which is equal to approximately two months of operating expenses. The operating reserve shall be available to: cover cash flow requirements; meet unanticipated revenue shortfalls; take advantage of unexpected opportunities; invest in projects with a rapid payback; ensure against physical or natural disasters; and provide interest earnings.
C. The City Council will endeavor to maintain operating reserves in the utility funds equal to 25 percent (25%) of the adopted budget for operating budgets expenses.
VI. INTERFUND BORROWING POLICIES
A. Interfund borrowing requires City Council approval.
B. Such loans will carry a market rate of interest.
486
Resolution No.
C. Such loans may, at City Council’s discretion, include interest-only payments by the borrowing fund for the first year or two.
D. Once principal repayments begin, amortization schedules will be for level or decreasing annual debt service, not for increasing annual debt service.
E. The borrowing fund may prepay all or a portion of the principal and interest at any time, without penalty.
F. The lending fund may call all or part of the loan immediately at the lending fund’s discretion, also without penalty.
VII. DEBT POLICIES
A. Use of Debt
1. Any use of tax and revenue anticipation borrowing will be consistent with State and federal laws and regulations.
B. Conditions of Use
1. The City Council will use long term debt to finance a land purchase, major equipment acquisition, a capital project, or reserve only if a cost/benefit analysis establishes that the financial and community benefits of the financing exceed the costs.
2. Benefits can include, but are not limited to, the following:
a. Present value benefit: The current cost plus the financing cost is less than the future cost of the project or acquisition.
b. Maintenance value benefit: The financing cost is less than the maintenance cost of deferring the project or acquisition.
c. Equity benefit: Financing provides a method of spreading the cost of a project or acquisition back to the users of the project or acquisition over time. d. Community benefit: Debt financing of the project or acquisition enables the City Council to meet an immediate community need.
3. Debt financing will be used only when project revenues or other identified revenue sources are sufficient to service the term of the debt.
4. The City Council by resolution will periodically establish industry standard bond debt ratios to assess maximum debt carrying capacity and will apply these ratios to each proposed debt.
487
Resolution No.
5. When the City obtains debt financing on behalf of or benefiting a third party (as with assessment districts) such debt will be issued in conformance with existing City Council priorities and policies without contingent liability of the City and with all costs of issuance and administration fully reimbursed by the third party.
C. Methods
1. Staff will retain the following contract advisors for the issuance of debt:
a. Bond Counsel - To be selected by RFP periodically.
b. Disclosure Counsel – To be selected by RFP periodically. c. Special Counsel - To be selected by RFP periodically to protect the City’s interest in complex negotiations and document review.
d. Municipal Advisor - To be selected by RFP periodically to assist the City in assessing financing opportunities and options, selection of underwriters, preparation of all required financing documents, and other financial advisory assistance as required.
e. Underwriters - To be selected periodically by RFP for negotiated financings. For bond issues that are competitively bid, underwriter will be selected on the basis of lowest true interest cost (TIC).
2. The City Council’s preference is to issue fixed rate, long-term debt with level debt service, but variable rate debt or other debt service structure may be considered if an economic advantage is identified for a particular project.
3. Bond proceeds will be held by an independent bank acting as trustee or fiscal agent.
4. The City Council’s bond rating objective for the City for all debt issues is a Standard & Poor’s rating of AA. Credit enhancements will be used to achieve higher ratings when there is an economic benefit.
VIII. ACCOUNTING POLICIES
A. Accounting Standards
1. The City’s accounting systems and procedures will comply with Generally Accepted Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB) to the extent necessary to achieve an unmodified audit opinion and adequate internal controls.
488
Resolution No.
2. The City has adopted the historical cost method of fixed asset reporting to comply with GASB. The capitalization policy is $5,000 or more for equipment, $20,000 for buildings and improvements other than buildings, and $100,000 for infrastructure.
3. Staff will prepare quarterly and annual financial reports to present a summary of financial performance and position for major operating funds.
4. Staff will provide full disclosure in the annual financial statements and bond representations.
B. Independent Auditor
1. The City will retain an independent certified auditing firm to annually conduct an audit of the financial records in accordance with all state and federal requirements.
2. The selection of the City’s audit firm will be by an RFP submitted to a limited number of qualified audit firms with recognized credentials in municipal auditing.
3. In order to promote continuity in the audit process, the engagement of the audit firm will be for a minimum period of three years. Such three-year engagement may be extended on an annual basis at the option of the City Manager.
IX. RISK MANAGEMENT POLICIES
A. The City will maintain a risk management program for public liability, workers’ compensation, and loss of property exposures. This program will emphasize the prevention and avoidance of risk, whenever possible, funding for losses which cannot be avoided, and transfer of risk to third parties whenever appropriate.
B. The risk management process will include the systematic and continuous identification of loss perils and exposures, the analysis of these perils and exposures in terms of frequency and severity probabilities, the application of sound risk control procedures and the financing of risk consistent with the City’s financial resources.
C. If the loss potential in dollars for a particular risk is substantial and cannot be absorbed within the City’s annual operating budget, the staff will develop and maintain a program of purchased insurance, funded self-insurance, or debt.
D. Staff will endeavor to promptly settle justified claims but will vigorously defend claims which are doubtful, frivolous, or unsupported.
E. Staff will maintain separate self-insurance funds to identify and segregate the financial resources necessary to cover insurance premiums and self-insured retentions.
1. Revenues into the insurance funds will be generated by charges to operating programs allocated to reflect loss experience.
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Resolution No.
2. Resources will be established at the end of each year to fund liability for open claims, incurred but not reported claims, and a catastrophic loss reserve as periodically recommended by an independent actuarial consultant, or as authorized for GAAP.
3. The Confidence Interval for all risk management reserve funds will be maintained at a minimum of 50% confidence interval.
F. To assist in the overall administration of the risk management program, the City Council will utilize the following consultants:
1. Claims adjuster for workers’ compensation and public liability/property damage.
2. Claims auditor, actuarial consultant, and risk management program auditor.
3. Insurance broker of record.
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Resolution No.
X. DEVELOPER DEPOSIT POLICIES
A. The City collects developer deposits often identified in a development agreement (DA) and/or ownership participation agreement (OPA), along with developer deposits and deposit based fees associated with Building and Planning permits. The developer deposits and deposit based fees are used by the City for costs associated with project review and conceptual planning, City staff time, and other third party services required for the project, including, but not limited to, contract planning, engineering, architectural, onsite posting, legal advertising, and attorney review. As charges pertaining to the project accrue, the Department shall keep records of actual staff time and costs of consultant and other third party service providers used.
B. To the extent the City receives deposits from developers as advanced payments to cover staff time and third-party expenses required to issue permits, and these deposits were not accounted for in the Adopted Budget, the Council authorizes the City Manager to administratively appropriate funds to the relevant tracking project and expenditure accounts within the Developer & Other Deposits Fund [Fund 541] up to the amount of the deposits received.
XI. CONTRIBUTION TRUST FUND
A. The contribution trust fund is used to receive and hold donations and other monies on the balance sheet until such time that they are used for their intended purposes or returned to the originators. An appropriation is required for the City to expend these funds on eligible items as determined by the donor or fee type. Items held in the fund include business license fees for development, private donations, Arctic Cold Fire donations, library fundraising monies, Multicultural Festival funds, witness fees, and donations for youth programs.
B. The Council authorizes the City Manager to administratively appropriate funds to the relevant tracking project and expenditure accounts within the Contribution Trust Fund [Fund 571] up to the amount of the donation / fee received.
PASSED AND ADOPTED on this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
491
Resolution No.
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
492
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AUTHORIZING FULL-TIME EQUIVALENT POSITIONS IN THE CITY SERVICE EFFECTIVE JULY 1, 2024 IN ACCORDANCE WITH THE OPERATING BUDGET FOR THE 2024-2025 FISCAL YEAR
NOW, THEREFORE, the City Council of the City of Oxnard resolves that the attachment to this Resolution listed as Exhibit “A” contains all full time equivalent positions hereby authorized as provided for in the operating budget for fiscal year 2024-2025.
PASSED AND ADOPTED this 18th day of June, 2024, 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
493
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
ADMINISTRATIVE LEGAL SECRETARY (C) 1 ‐10
ADMINISTRATIVE SERVICES SPECIALIST (C) 022
ASSISTANT CITY ATTORNEY 22
CHIEF ASSISTANT CITY ATTORNEY 11
CITY ATTORNEY 11
DEPUTY CITY ATTORNEY II 33
DEPUTY CITY ATTORNEY III 11
LAW OFFICE MANAGER 11
PARALEGAL (C) 1 ‐10
11 0 11
ADMINISTRATIVE SERVICES SPECIALIST 11
ADMINISTRATIVE SERVICES TECHNICIAN 11
ASSISTANT CITY CLERK 11
CITY CLERK 11
404
CITY COUNCIL
CITY COUNCILMEMBER 77
CITY MANAGER EXECUTIVE ASSISTANT (C) 11
808
ADMINISTRATIVE SERVICES MANAGER 11
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 11
ADMINISTRATIVE SERVICES ANALYST 44
ADMINISTRATIVE SERVICES ANALYST, SENIOR 22
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR (C) 11 ADMINISTRATIVE SERVICES TECHNICIAN 11
ASSISTANT CITY MANAGER 22
CITY MANAGER 11
CITY MANAGER EXECUTIVE ASSISTANT (C) 11
DEPUTY CITY MANAGER 11
15 0 15
ADMINISTRATIVE SERVICES ANALYST 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 22 ADMINISTRATIVE SERVICES SPECIALIST 33
ADMINISTRATIVE SERVICES TECHNICIAN 22
ASSOCIATE ENGINEER 33
BUILDING/CONSTRUCTION INSPECTOR 819
BUILDING/CONSTRUCTION INSPECTOR, SENIOR 33
CIVIL ENGINEER 213
CODE COMPLIANCE INSPECTOR 77
ENGINEER DIVISION MANAGER 22
INSPECTIONS/CODE COMPLIANCE ADMINISTRATOR 22
INSPECTION FIELD SUPERVISOR 11
PERMIT COORDINATOR 11
PERMIT TECHNICIAN 44
PERMIT TECHNICIAN, SENIOR 011
CITY ATTORNEY
CITY CLERK
CITY MANAGER
COMMUNITY DEVELOPMENT
CITY ATTORNEY DEPT TOTAL
CITY CLERK DEPT TOTAL
CITY MANAGER DEPT TOTAL
CITY COUNCIL TOTAL
494
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
PLANS EXAMINER 11
SENIOR ENGINEER 11
COMMUNITY DEVELOPMENT TOTAL 43 3 46
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 ADMINISTRATIVE SERVICES SPECIALIST 11
ASSISTANT DEPARTMENT DIRECTOR II 11
DEPARTMENT DIRECTOR II 11
DEVELOPMENT SUPPORT TOTAL 505
ADMINISTRATIVE SERVICES ANALYST 22
ADMINISTRATIVE SERVICES SPECIALIST 11
ADMINISTRATIVE SERVICES TECHNICIAN 11
PLANNER 516
PLANNER, ASSISTANT 33
PLANNING MANAGER 22
PLANNING SUPERVISOR 44
LAND USE PLAN & ENV PROTC TOTAL 18 1 19
66 4 70
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 ADMINISTRATIVE SERVICES TECHNICIAN 11
LIBRARIAN 729
LIBRARIAN, SENIOR 44
LIBRARY MANAGER 11
LIBRARY MONITOR 11
LIBRARY SERVICES SUPERVISOR 22
LIBRARY TECHNICIAN 11 11
28 2 30
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 11
ADMINISTRATIVE SERVICES ANALYST 112
ADMINISTRATIVE SERVICES ANALYST, SENIOR 22
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 2 ‐11 ADMINISTRATIVE SERVICES SPECIALIST 11
ADMINISTRATIVE SERVICES TECHNICIAN 22
ASSISTANT DEPARTMENT DIRECTOR I 11
CULTURAL & RECREATION SERVICES ANALYST 17 17
CULTURAL & RECREATION SERVICES MANAGER 22
CULTURAL & RECREATION SERVICES SPECIALIST 56.75 56.75
CULTURAL & RECREATION SERVICES SUPERVISOR 66
CULTURAL & RECREATION SERVICES TECHNICIAN 22
DEPARTMENT DIRECTOR I 11
94.75 0 94.75
122.75 2 124.75
DEVELOPMENT SUPPORT
CULTURAL & COMMUNITY SERVICES
LIBRARY
RECREATION SERVICES
LIBRARY SERVICES TOTAL
RECREATION SERVICES TOTAL
DEPT OF BILLING AND LICENSING
CULTURAL & COMMUNITY SVCS TOTAL
COMMUNITY DEVELOPMENT TOTAL
LAND USE PLAN & ENV PROTC
495
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 2 ‐20 ADMINISTRATIVE SERVICES ANALYST 1 ‐10
ADMINISTRATIVE SERVICES SPECIALIST 3 ‐30
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR 3 ‐30
ADMINISTRATIVE SERVICES TECHNICIAN 1 ‐10
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 9 ‐90
ASSISTANT DEPARTMENT DIRECTOR NRC I / ASST CITY TREASURER 0 00 CODE COMPLIANCE INSPECTOR 1 ‐10
DEPARTMENT DIRECTOR I / ASSISTANT CITY TREASURER 1 ‐10
21 ‐21 0
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 3 14
ADMINISTRATIVE SERVICES ANALYST 13 11 4
ADMINISTRATIVE SERVICES ANALYST, SENIOR 31 4
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR (C) 22 ADMINISTRATIVE SERVICES MANAGER 44
ADMINISTRATIVE SERVICES SPECIALIST 1 34
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR 2 35
ADMINISTRATIVE SERVICES TECHNICIAN 1.5 1 2.5
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 2 91 1
ASSISTANT DEPARTMENT DIRECTOR NRC I / ASST CITY TREASURER 0 11 ASSISTANT DEPARTMENT DIRECTOR NRC I 22
CODE COMPLIANCE INSPECTOR 0 11
DEPARTMENT DIRECTOR II 11
34.5 21 55.5
ADMINISTRATIVE SERVICES ANALYST, SENIOR 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 ADMINISTRATIVE SERVICES SPECIALIST 213
ADMINISTRATIVE SERVICES MANAGER 11
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 011
ASSISTANT FIRE CHIEF 22
BATTALION CHIEF 88
CODE COMPLIANCE INSPECTOR 44
COMMUNITY PARAMEDIC 11
CUPA MANAGER 11
EMERGENCY SERVICES MANAGER 11
EMS COORDINATOR 11
FIRE CAPTAIN 32 32
FIRE CHIEF 11
FIRE ENGINEER 30 30
FIRE ENVIRONMENTAL SPEC I 22
FIRE ENVIRONMENTAL SPEC II 22
FIRE INSPECTOR/INVESTIGATOR (Sworn) 44
FIREFIGHTER 48 48
FIREFIGHTER LIMITED TERM (FEB. 18, 2023‐FEB. 18, 2026) 66 INSPECTIONS FIELD SUPERVISOR 011
PLANS EXAMINER 1 ‐10
PUBLIC SAFETY INVESTIGATIVE SPECIALIST 11
150 2 152FIRE DEPARTMENT TOTAL
FINANCE DEPARTMENT TOTAL
FINANCE DEPARTMENT
FIRE DEPARTMENT
DEPT OF BILLING AND LICENSING TOTAL
496
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 22
ADMINISTRATIVE SERVICES ANALYST 33
ADMINISTRATIVE SERVICES ANALYST, SENIOR 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 33 ADMINISTRATIVE SERVICES MANAGER 22
ADMINISTRATIVE SERVICES SPECIALIST 77
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR 88
ADMINISTRATIVE SERVICES TECHNICIAN 66
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 11
ASSISTANT DEPARTMENT DIRECTOR I 22
CODE COMPLIANCE INSPECTOR 11
DEPARTMENT DIRECTOR II 11
ENGINEERING TECHNICIAN 11
INFORMATION TECHNOLOGY ANALYST, SENIOR 11
MAINTENANCE & OPERATIONS SUPERINTENDENT 11
MAINTENANCE SPECIALIST 66
MAINTENANCE SPECIALIST, SENIOR 11
MAINTENANCE TECHNICIAN 44
51 0 51
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 44
ADMINISTRATIVE SERVICES ANALYST 426
ADMINISTRATIVE SERVICES MANAGER 11
ADMINISTRATIVE SERVICES SPECIALIST 33
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR 11
PLANNING MANAGER 11
14 2 16
65 2 67
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR (C) 22 ADMINISTRATIVE SERVICES ANALYST (C) 44
ADMINISTRATIVE SERVICES ANALYST, SENIOR (C) 55
ADMINISTRATIVE
SERVICES COORDINATOR/SUPPORT SUPERVISOR (C) 22
ADMINISTRATIVE SERVICES MANAGER (C) 22
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR (C) 99
ASSISTANT DEPARTMENT DIRECTOR NRC I 11
DEPARTMENT DIRECTOR I 11
26 0 26
ADMINISTRATIVE SERVICES ANALYST 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 BUSINESS SYSTEMS ANALYST, SENIOR 4 ‐13
DEPARTMENT DIRECTOR I 11
DEPUTY CHIEF INFORMATION OFFICER 11
GIS ANALYST 112
GIS SPECIALIST 1 ‐10
INFORMATION SYSTEMS ANALYST, SENIOR 11
INFORMATION TECHNOLOGY ANALYST 2 ‐11
HOUSING SERVICES
HOUSING
HOUSING AUTHORITY
HOUSING AUTHORITY TOTAL
HUMAN RESOURCES DEPARTMENT TOTAL
HOUSING DEPARTMENT TOTAL
HOUSING SERVICES TOTAL
HUMAN RESOURCES DEPARTMENT
INFORMATION SVS OPERATION
497
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
INFORMATION TECHNOLOGY ANALYST, SENIOR 617
INFORMATION TECHNOLOGY PROGRAM MANAGER 0 2 2
INFORMATION TECHNOLOGY PROJECT MANAGER 011
INFORMATION TECHNOLOGY OFFICER I 33
INFORMATION TECHNOLOGY OFFICER II 22
INFORMATION TECHNOLOGY SPECIALIST 5 ‐14
INFORMATION TECHNOLOGY SUPERVISOR 22
INFORMATION TECHNOLOGY TECHNICIAN, SENIOR 213
PRINCIPAL BUSINESS SYSTEMS ANALYST 6 ‐24
PRINCIPAL INFORMATION SYSTEMS ANALYST 33
42 0 42
CITY TREASURER 11
101
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 11
ADMINISTRATIVE SERVICES ANALYST 11
ADMINISTRATIVE SERVICES ANALYST, SENIOR 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR (C) 22 ADMINISTRATIVE SERVICES MANAGER 11
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR (C) 11
ADMINISTRATIVE SERVICES TECHNICIAN 11
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 22
ANIMAL SAFETY OFFICER 22
ANIMAL SAFETY OFFICER, SENIOR 11
ASSISTANT POLICE CHIEF 22
POLICE CHIEF 11
POLICE COMMANDER 88
POLICE CORPORAL 31 31
POLICE OFFICER & PUBLIC SAFETY TRAINEE 174 ‐4 170
POLICE RECORDS SUPERVISOR 22
POLICE RECORDS TECHNICIAN 22 22
POLICE RECORDS TECHNICIAN, SENIOR 22
POLICE SERGEANT 30 30
POLICE SERVICE OFFICER 88
PROPERTY & EVIDENCE SUPERVISOR 11
PROPERTY & EVIDENCE TECHNICIAN 55
PROPERTY & RECORDS MANAGER 11
PUBLIC SAFETY ANALYST 33
PUBLIC SAFETY COMMUNICATIONS MANAGER 11
PUBLIC SAFETY DISPATCHER I 2 ‐20
PUBLIC SAFETY DISPATCHER II 20 ‐20 0
PUBLIC SAFETY DISPATCHER III 6 ‐60
PUBLIC SAFETY DISPATCHER 02 22 2
PUBLIC SAFETY DISPATCHER SUPERVISOR 066
PUBLIC SAFETY FIELD ASSISTANT 66
PUBLIC SAFETY FIELD TECHNICIAN 14 14
PUBLIC SAFETY FIELD TECHNICIAN, SENIOR 11
PUBLIC SAFETY INVESTIGATIVE SPECIALIST 16 16
PUBLIC SAFETY INVESTIGATIVE SPECIALIST, SENIOR 33
SR. POLICE SERVICE OFFICER 11
POLICE DEPARTMENT
INFORMATION SVS OPERATION TOTAL
NON‐DEPARTMENTAL TOTAL
NON‐DEPARTMENTAL
498
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
373 ‐4 369
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 33
ADMINISTRATIVE SERVICES ANALYST 11
ADMINISTRATIVE SERVICES ANALYST, SENIOR 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 33 ADMINISTRATIVE SERVICES SPECIALIST 11
ADMINISTRATIVE SERVICES SPECIALIST, SENIOR 11
ADMINISTRATIVE SERVICES TECHNICIAN 11
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 18 18
ELECTRICIAN 11
FLEET SERVICES MECHANIC 22
FLEET SERVICES MECHANIC, SENIOR 11
MAINTENANCE & OPERATIONS MANAGER 11
MAINTENANCE & OPERATIONS SUPERINTENDENT 22
MAINTENANCE CREW SUPERVISOR 77
MAINTENANCE SPECIALIST 14 14
MAINTENANCE SPECIALIST, SENIOR 55
MAINTENANCE TECHNICIAN 24 24
MAINTENANCE TECHNICIAN, SENIOR 67 67
MAINTENANCE WORKER 26 26
179 0 179
ADMINISTRATIVE SERVICES ANALYST 11
CONSTRUCTION PROJECT MANAGER 112
ELECTRICIAN 22
HVAC MECHANIC 22
MAINTENANCE CREW SUPERVISOR 22
MAINTENANCE & OPERATIONS SUPERINTENDENT 11
MAINTENANCE SPECIALIST 9 ‐18
MAINTENANCE SPECIALIST, SENIOR 22
MAINTENANCE TECHNICIAN 29 1 1
MAINTENANCE TECHNICIAN, SENIOR 022
MAINTENANCE WORKER 11 ‐11 0
33 0 33
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 ADMINISTRATIVE SERVICES TECHNICIAN 11
ADMINISTRATIVE SERVICES SPECIALIST 11
FLEET SERVICES MECHANIC 14 14
FLEET SERVICES MECHANIC, SENIOR 44
FLEET SERVICES MECHANIC SUPERVISOR 11
FLEET SERVICES TECHNICIAN 11
FLEET SERVICES WORKER 11
MAINTENANCE & OPERATIONS SUPERINTENDENT 11
25 0 25
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 22 ENVIRONMENTAL RESOURCES
ENVIRONMENTAL RESOURCE TOTAL
FACILITIES MAINTENANCE SERVICES
FACILITIES MAINTENANCE SERVICES TOTAL
FLEET SERVICES OPERATION
PUBLIC WORKS
POLICE DEPARTMENT TOTAL
MAINTENANCE SERVICES
FLEET SERVICES OPERATION TOTAL
499
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
ADMINISTRATIVE SERVICES SPECIALIST 11
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 22
MAINTENANCE & OPERATIONS SUPERINTENDENT 22
MAINTENANCE CREW SUPERVISOR 44
MAINTENANCE SPECIALIST 99
MAINTENANCE SPECIALIST, SENIOR 77
MAINTENANCE TECHNICIAN 32 32
MAINTENANCE TECHNICIAN, SENIOR 12 12
71 0 71
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 11
ADMINISTRATIVE SERVICES ANALYST 213
ADMINISTRATIVE SERVICES ANALYST, SENIOR 33
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 3 ‐12 ADMINISTRATIVE SERVICES MANAGER 1 ‐10
ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 2.5 2.5
ASSISTANT DEPARTMENT DIRECTOR II 22
ASSISTANT DIRECTOR OF UTILITIES 11
DEPARTMENT DIRECTOR III 11
DEPUTY DIRECTOR OF PUBLIC WORKS 0 1 1
16.5 0 16.5
ADMINISTRATIVE SERVICES ANALYST 11
ADMINISTRATIVE SERVICES ANALYST, SENIOR 44
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 MAINTENANCE SPECIALIST, SENIOR 538
MAINTENANCE TECHNICIAN 1 ‐10
SPECIAL DISTRICTS MANAGER 11
13 2 15
ADMINISTRATIVE SERVICES ANALYST 55
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 22
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 22 ADMINISTRATIVE SERVICES TECHNICIAN, SENIOR 11
ASSISTANT ENGINEER 22
ASSOCIATE ENGINEER 22
BUILDING/CONTRUCTION INSPECTOR 44
BUILDING/CONTRUCTION INSPECTOR, SENIOR 11
CITY ENGINEER 11
CIVIL ENGINEER 11
CONSTRUCTION PROJECT MANAGER 77
CONSTRUCTION PROJECT MANAGER, SENIOR 33
ENGINEER DIVISION MANAGER 33
ENGINEERING TECHNICIAN SUPERVISOR 11
SENIOR ENGINEER 33
38 0 38
ADMINISTRATIVE SERVICES ADMINISTRATOR/SUPERVISOR 11
ASSOCIATE ENGINEER 33
ENGINEERING & MAINTENANCE SERVICES
ENGINEERING & MAINTENANCE SERIVICES TOTAL
TRAFFIC ENGINEERING
MAINTENANCE SERVICES TOTAL
PUBLIC WORKS ADMINISTRATION
PUBLIC WORKS ADMINISTRATION TOTAL
SPECIAL DISTRICTS
SPECIAL DISTRICTS TOTAL
500
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
ENGINEER DIVISION MANAGER 11
ENGINEERING TECHNICIAN 1 ‐10
MAINTENANCE SPECIALIST 22
MAINTENANCE SPECIALIST, SENIOR 11
SENIOR ENGINEER 112
10 0 10
ADMINISTRATIVE SERVICES ANALYST 33
ADMINISTRATIVE SERVICES ANALYST, SENIOR 11
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 22 ADMINISTRATIVE SERVICES SPECIALIST 11
ADMINISTRATIVE SERVICES TECHNICIAN 11
BACKFLOW SPECIALIST TECHNICIAN 011
BACKFLOW SPECIALIST, SENIOR 11
CHIEF PLANT OPERATOR 22
INSTRUMENTATION & CONTROL TECHNICIAN, SENIOR 011
MAINTENANCE & OPERATIONS SUPERINTENDENT 11
MAINTENANCE TECHNICIAN 11
PLANT MAINTENANCE SPECIALIST 2 ‐11
PLANT MAINTENANCE SPECIALIST, SENIOR 11
PLANT OPERATIONS MANAGER 11
PLANT OPERATIONS SHIFT COORDINATOR 33
PLANT OPERATOR, PRINCIPAL 33
PLANT OPERATOR, SENIOR 22
PLANT OPERATOR TRAINEE 11
UTILITIES FIELD SUPERVISOR 415
UTILITIES FIELD TECHNICIAN 55
UTILITIES FIELD TECHNICIAN, SENIOR 21 ‐12 0
UTILITIES MANAGER 11
UTILITIES TECHNICAL SERVICES COORDINATOR 11
UTILITIES TECHNICAL SERVICES MANAGER 11
UTILITIES TECHNICAL SERVICES SPECIALIST, SENIOR 22
61 1 62
ADMINISTRATIVE SERVICES SPECIALIST 11
ELECTRICIAN 11
PLANT MAINTENANCE SPECIALIST, SENIOR 11
PLANT OPERATIONS MANAGER 11
PLANT OPERATIONS SHIFT COORDINATOR 11
PLANT OPERATOR, PRINCIPAL 44
909
UTILITIES FIELD TECHNICIAN, SENIOR 11
UTILITIES TECHNICAL SERVICES ANALYST 11
UTILITIES TECHNICAL SERVICES COORDINATOR 11
UTILITIES TECHNICAL SERVICES MANAGER 11
404
ADMINISTRATIVE SERVICES ANALYST 11
RECYCLE WATER
RECYCLE WATER TOTAL
STORM WATER
STORM WATER TOTAL
WASTEWATER COLLECTION
TRAFFIC ENGINEERING TOTAL
WATER OPERATION
WATER OPERATION TOTAL
501
EXHIBIT A
DEPARTMENT TITLE
FY 23/24
Revised
Proposed
Changes
FY 24/25
Proposed
PLANT MAINTENANCE SUPERINTENDENT 11
UTILITIES FIELD SUPERINTENDENT 11
UTILITIES FIELD SUPERVISOR 22
UTILITIES FIELD TECHNICIAN, SENIOR 77
UTILITIES TECHNICAL SERVICES ANALYST 11
UTILITIES TECHNICAL SERVICES COORDINATOR 77
20 0 20
ADMINISTRATIVE SERVICES ANALYST, SENIOR 1 1
ADMINISTRATIVE SERVICES SPECIALIST 22
ADMINISTRATIVE SERVICES COORDINATOR/SUPPORT SUPERVISOR 11 ASSOCIATE ENGINEER 11
CHIEF PLANT OPERATOR 11
CONSTRUCTION PROJECT MANAGER 011
INSTRUMENTATION & CONTROL TECHNICIAN 11
INSTRUMENTATION & CONTROL TECHNICIAN, SENIOR 11
LABORATORY SCIENTIST 011
LABORATORY SCIENTIST MANAGER 11
LABORATORY SPECIALIST 4 ‐13
MAINTENANCE TECHNICIAN 22
PLANT ELECTRICAL SUPERVISOR 11
PLANT ELECTRICIAN 11
PLANT ELECTRICIAN, SENIOR 11
PLANT MAINTENANCE SPECIALIST 11 11
PLANT MAINTENANCE SPECIALIST, SENIOR 22
PLANT MAINTENANCE SUPERINTENDENT 1 ‐10
PLANT MAINTENANCE SUPERVISOR 11
PLANT OPERATIONS MANAGER 11
PLANT OPERATIONS SHIFT COORDINATOR 44
PLANT OPERATOR, PRINCIPAL 66
PLANT OPERATOR, SENIOR 12 12
UTILITIES MANAGER 11
57 0 57
536.5 3 539.5
1475.75 9 1484.75
WASTEWATER TREATMENT TOTAL
PUBLIC WORKS DEPARTMENT TOTAL
GRAND TOTAL
WASTEWATER COLLECTION TOTAL
WASTEWATER TREATMENT
502
1 503
2 504
3 505
4 506
5 507
6 508
7 509
8 510
9 511
10 512
11 513
12 514
13 515
14 516
15 517
16 518
17 519
18 520
19 521
20 522
21 523
22 524
23 525
24 526
25 527
26 528
27 529
28 530
29 531
30 532
31 533
32 534
33 535
34 536
35 537
36 538
37 539
38 540
39 541
40 542
41 543
FY 2024-25 PROPOSED ANNUAL BUDGET
ADDITIONAL INFORMATION
City Council
June 4, 2024
Mark Sewell, Assistant Chief Financial Officer
544
RECOMMENDATION 2
That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget on June 4, 2024, for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the Proposed Budget, in preparation for final budget adoption on June 18, 2024.
545
FINANCE AND GOVERNANCE COMMITTEE OUTCOME 3
At it’s May 14, 2024 meeting, the Finance and Governance Committee voted unanimously 3-0 to recommend that the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget on June 4, 2024.Note: This Presentation matches to the num bers published in the Proposed Budget
Document for Finance and Governance Commi
ttee and excludes items listed in the Staff
Report as “Modifications Since Finance and Governance Committee”. 546
Key Terms 4
Adopted Budget
• The Revenue and Expenditures approved by City Council at their budget adoption meeting in June for the following fiscal year starting July 1. Revised Budget
• The Adopted budget plus City Council approved amendments during the fiscal year and any administrative adjustments for the carryover of unspent budget from prior years.
• Resolutions included with the Budget item include the details of what type of expenditures are eligible for carryover, and include unspent CIP project balances and Multi-year project unspent balances.
Proposed Budget
• The Revenue and Expenditures recommended by the City Manager to City Council for budget adoption at their meeting in June for the following fiscal year starting July 1.
Spendable Fund Balance
• The amount of money held in a fund that is available to be committed to a new expenditure. = Council Reserve + surplus or(deficit). 547
FY 2024-25 Proposed Budget – All Funds 5
Note, Special Districts Budget is Draft and
will be updated for Council meetings in June
FUND NAME
FY 2023‐24
ADOPTED
BUDGET $000's
FY 2024‐25
PROPOSED
BUDGET $000's
CHANGE
$000's CHANGE %
GENERAL FUND 224,989 255,748 30,759 14%
MEASURE O 24,341 22,618 (1,723) ‐7%
ENTERPRISE FUNDS* 189,166 249,837 60,671 32%
INTERNAL SERVICE FUNDS 51,148 60,496 9,348 18%
SPECIAL DISTRICTS 17,418 20,095 2,677 15%
SPECIAL REVENUE FUNDS* 61,374 152,860 91,486 149%
TOTAL OPERATING FUNDS 568,436 761,655 193,219 34%
CAPITAL OUTLAY FUND* 32,770 132,565 99,794 305%
WATER CAPITAL 0 10,400 10,400 NA
WASTEWATER CAPITAL* 13,900 56,340 42,440 305%
ENV RES CAPITAL 0 200 200 NA
GOLF CAPITAL 0 1,350 1,350 NA
TOTAL CAPITAL FUNDS 46,670 200,855 154,184 330%
TOTAL CITY APPROPRIATIONS 615,106 962,509 347,403 56% NON CITY HOUSING 38,201 42,220 4,020 11%
GRAND TOTAL 653,307 1,004,730 351,423 54%
*Two large external revenues, and their transfer to Capital Funds account for the majority of the $351m increase 548
FY 2024-25 Proposed Budget – Grant Revenue 6
GRANT SOURCE
FY 2023‐24
ADOPTED
BUDGET $000's
FY 2024‐25
PROPOSED
BUDGET $000's
CHANGE
$000's CHANGE %
FEDERAL GRANTS 8,741 11,938 3,197 37%
STATE GRANTS 0 98,050 98,050 NA
CDBG GRANT 2,214 2,214 0 0%
OTHER 463 570 108 23%
GRAND TOTAL 11,417 112,772 101,355 888%
The FY 2024-25 Proposed Budget includes $112.8 million in new grant funding for various operational and capital projects across many functional areas. This is a significant increase on prior years primarily due to a state grant for the Rice Avenue & Fifth Street Railroad Grade Separation project of $95.9 million.
549
FY 2024-25 Proposed Budget – General Fund Revenues 7
Change columns compare the FY 2024-25 Proposed Budget to the FY 2023-24 Adopted Budget GENERAL FUND $ 000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE % CHANGE
PROPERTY TAX 69,483 69,483 72,772 3,288 4.7%
SALES AND USE TAX 109,062 109,062 113,602 4,540 4.2% TRANSIENT OCCUPANCY TAX 5,460 5,460 5,810 350 6.4% FRANCHISE TAX 4,787 4,787 4,768 (19) (0.4%)
BUSINESS LICENSE TAX 6,500 6,500 6,970 470 7.2%
CANNABIS TAX 320 320 1,100 780 243.8%
SUBTOTAL GENERAL TAXES 195,612 195,612 205,022 9,409 4.8% LICENSES AND PERMITS 2,437 2,437 2,655 218 8.9%
SPECIAL REVENUES 2,427 2,518 2,566 139 5.7%
FEES AND CHARGES 7,361 7,361 7,348 (13) (0.2%)
RECREATION REVENUES 255 255 262 7 2.5%
MISC INCOME 4,227 5,527 6,439 2,212 52.3%
TRANSFERS IN 11,650 11,650 11,457 (193) (1.7%)
SUBTOTAL OTHER REVENUE 28,358 29,748 30,726 2,369 8.4% TOTAL REVENUE 223,970 225,361 235,748 11,778 5.3%
550
FY 2024-25 Proposed Budget – General Fund Expenditures 8 GENERAL FUND $ 000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE % CHANGE
NON‐DEPARTMENTAL 28,370 44,228 45,200 16,829 59.3% CITY COUNCIL 812 812 858 47 5.7%
BILLING & LICENSING 1,515 1,515 1,523 8 0.5%
CITY CLERK 683 683 704 20 3.0%
CITY MANAGER'S OFFICE 3,168 3,424 4,392 1,224 38.6% CITY ATTORNEY'S OFFICE 2,840 2,840 2,896 56 2.0%
FINANCE DEPARTMENT 7,227 7,286 7,110 (117) (1.6%)
HUMAN RESOURCES DEPT 4,086 4,036 4,071 (15) (0.4%)
POLICE DEPARTMENT 80,325 80,415 85,468 5,143 6.4%
FIRE DEPARTMENT 33,378 34,202 36,981 3,602 10.8%
PUBLIC WORKS DEPARTMENT 27,504 30,246 30,379 2,875 10.5% COMMUNITY DEVELOPMENT DEPT 16,080 16,730 15,192 (889) (5.5%) CULTURAL & COMMUNITY SVS 14,537 14,572 16,474 1,937 13.3% HOUSING DEPARTMENT 4,463 4,450 4,501 38 0.8%
TOTAL EXPENDITURES 224,989 245,440 255,748 30,759 13.7% PAY DOWN LONG TERM PENSION DEBT 0 0 20,000 20,000
TOTAL EXPENDITURES
(UNDERLYING) 224,989 245,440 235,748 10,759 4.8%
TFR TO CAPITAL 11,050 25,202 11,000 (50) (0.5%)
TOTAL OPERATING EXPENDITURES 213,939 220,238 224,748 10,809 5.1% Change columns compare the FY 2024-25 Proposed Budget to the FY 2023-24 Adopted Budget 551
FY 2024-25 Proposed Budget – General Fund Balance 9
FUND BALANCE INFORMATION $ 000’s
FY 2023‐24
ADOPTED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
BEGINNING RESERVE 13.0% 27,812 27,812
INCREASE RESERVE TO TARGET 16.6% 0 9,455
BEGINNING RESERVE 27,812 37,267
BEGINNING SURPLUS 22,988 25,514
BEGINNING SPENDABLE FUND BAL 50,800 62,781
BUDGETED REVENUE 223,970 235,748
BUDGETED EXPENDITURE 224,989 255,748
NET BUDGETED SURPLUS / (DEFICIT) IN YR (1,019) (20,000) ANTICIPATED VARIANCE FY 2023‐24 13,000 0
ANTICPATED ADD TO FUND BALANCE 11,981 (20,000)
ESTIMATED ENDING RESERVE 27,812 37,267
ESTIMATED ENDING SURPLUS 34,969 5,514
ESTIMATED ENDING SPENDABLE FUND BAL 62,781 42,781
FUND BALANCE AS % OF OPERATING EXP. 29.3% 17.5%
552
FY 2024-25 Proposed Budget – Measure O ½ Cent Sales Tax Fund 10 MEASURE O $ 000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE %
CHANGE
REVENUES
SALES AND USE TAX 19,459 19,459 19,282 (177) (0.9%) GENERAL FUND LOAN PAYMENT 1,876 1,876 0 (1,876) (100.0%) INTEREST INCOME 93 39 458 365 390.5%
TOTAL REVENUE 21,428 21,374 19,740 (1,688) (7.9%)
EXPENDITURES BY CATEGORY
PUBLIC SAFETY AND GANG PREVENTION 2,729 3,765 1,765 (965) (35.3%) TRAFFIC AND ROAD IMPROVEMENTS 14,967 17,145 12,682 (2,285) (15.3%) RECREATION, PARKS AND OPEN SPACES 3,687 4,351 4,977 1,289 35.0% OTHER COMMUNITY PROJECTS 2,957 5,382 3,445 488 16.5% TOTAL EXPENDITURES 24,341 30,643 22,868 (1,473) (6.0%) TFR TO CAPITAL 12,750 20,277 14,251 1,501 11.8%
TOTAL OPERATING EXPENDITURES 11,591 10,366 8,617 (2,974) (25.7%) NET ACTIVITY (2,913) (9,269) (3,129) (216)
553
FY 2024-25 Proposed Budget – Measure O ½ Cent Sales Tax Fund Balance 11 FUND BALANCE INFORMATION
FY 2023‐24
ADOPTED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
BEGINNING SPENDABLE FUND BAL 17,496 14,583
BUDGETED REVENUE 21,428 19,740
BUDGETED EXPENDITURE 24,341 22,868
NET (2,913) (3,129)
ANTICIPATED VARIANCE FY 2023‐24 0 0
ANTICPATED ADD TO FUND BALANCE (2,913) (3,129)
ESTIMATED ENDING SURPLUS / (DEFICIT) 14,583 11,454
ESTIMATED ENDING SPENDABLE FUND BAL 14,583 11,454
FUND BALANCE AS % OF OPERATING EXP. 125.8% 90.3%
554
FY 2024-25 Proposed Budget – Water Funds Revenue and Expenses 12 WATER FUNDS $000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE % CHANGE
REVENUES
43 ‐ FEES AND CHARGES 497 497 688 191 38.4%
45 ‐ UTILITY FEES 66,677 66,677 65,946 (731) (1.1%) 47 ‐ MISC INCOME 2,448 3,798 3,980 1,532 62.6%
48 ‐ GRANT REVENUES 0 0 500 500 na
49 ‐ TRANSFERS IN 292 46,525 239 (53) (18.1%)
TOTAL REVENUES 69,914 117,497 71,354 1,440 2.1%
50 ‐ SALARIES & WAGES 6,892 6,892 7,521 629 9.1%
51 ‐ EMPL BENEFITS 4,239 4,239 4,345 106 2.5%
52 ‐ SUPPLIES 3,313 3,592 3,335 22 0.7%
53 ‐ SERVICES 5,365 32,662 6,033 668 12.5%
54 ‐ UTILITY & ENERGY 29,132 29,132 29,137 5 0.0%
55 ‐ MAINTENANCE 225 225 225 0 0.0%
56 ‐ CAPITAL EXPENDITURE 910 11,253 85 (825) (90.7%) 57 ‐ FINANCING 14,960 17,001 15,143 183 1.2%
59 ‐ TRANSFERS OUT 4,814 52,212 16,159 11,345 235.7% TOTAL EXPENSES 69,850 157,208 81,983 12,133 17.4%
NET SURPLUS / (DEFICIT) 64 (39,710) (10,629) (10,693) Change columns compare the FY 2024-25 Proposed Budget to the FY 2023-24 Adopted Budget 555
FY 2024-25 Proposed Budget – Water Funds – Fund Balance 13 FUND BALANCE INFORMATION
FY 2023‐24
ADOPTED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
BEGINNING RESERVE 25.0% 16,776 16,776
INCREASE RESERVE TO TARGET 0 578
BEGINNING RESERVE 16,776 17,354
BEGINNING SURPLUS 8,676 11,100
BEGINNING SPENDABLE FUND BALANCE 25,452 28,454
BUDGETED REVENUE 69,914 71,354
BUDGETED EXPENDITURE 69,850 81,983
NET BUDGETED SURPLUS / (DEFICIT) IN YR +64 (10,629)
ANTICIPATED VARIANCE FY 2023‐24 2,937 0
IMPACT TO FUND BALANCE +3,002 (10,629)
ESTIMATED ENDING RESERVE 16,776 17,354
ESTIMATED ENDING SURPLUS / (DEFICIT) 11,678 471
ESTIMATED ENDING SPENDABLE FUND BAL 28,454 17,825
FUND BALANCE AS % OF OPERATING EXP. 42.4% 27.7%
556
FY 2024-25 Proposed Budget – Wastewater Funds Revenue and Expenses 14 WASTEWATER FUNDS $000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE % CHANGE
REVENUES
43 ‐ FEES AND CHARGES 439 439 425 (14) (3.2%)
45 ‐ UTILITY FEES 46,582 46,582 45,122 (1,460) (3.1%) 47 ‐ MISC INCOME 549 64,732 2,040 1,491 271.5%
49 ‐ TRANSFERS IN 2,847 106,015 48,000 45,153 1586.0% TOTAL REVENUES 50,417 217,768 95,587 45,169 89.6%
50 ‐ SALARIES & WAGES 7,853 7,853 8,390 537 6.8%
51 ‐ EMPL BENEFITS 4,780 4,780 4,753 (27) (0.6%)
52 ‐ SUPPLIES 3,480 3,751 3,650 170 4.9%
53 ‐ SERVICES 20,232 97,405 5,293 (14,939) (73.8%)
54 ‐ UTILITY & ENERGY 3,622 3,781 3,608 (14) (0.4%) 55 ‐ MAINTENANCE 270 303 90 (180) (66.7%)
56 ‐ CAPITAL EXPENDITURE 1,783 7,069 58,370 56,588 3174.6% 57 ‐ FINANCING 9,996 11,566 10,226 231 2.3%
59 ‐ TRANSFERS OUT 3,404 110,426 3,689 285 8.4%
TOTAL EXPENSES 55,419 246,935 98,069 42,650 77.0%
NET SURPLUS / (DEFICIT) (5,002) (29,167) (2,483) 2,519
Change columns compare the FY 2024-25 Proposed Budget to the FY 2023-24 Adopted Budget 557
FY 2024-25 Proposed Budget – Wastewater Funds – Fund Balance 15 FUND BALANCE INFORMATION $ 000’s
FY 2023‐24
ADOPTED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
BEGINNING RESERVE 25.0% 10,081 10,081
INCREASE RESERVE TO TARGET 0 578
BEGINNING RESERVE 10,081 10,659
BEGINNING SURPLUS 51,424 47,833
BEGINNING SPENDABLE FUND BALANCE 61,505 58,492
BUDGETED REVENUE 50,417 95,587
BUDGETED EXPENDITURE 55,419 98,069
NET BUDGETED SURPLUS (DEFICIT) IN YR (5,002) (2,483)
ANTICIPATED VARIANCE FY 2023‐24 1,988 0
IMPACT TO FUND BALANCE (3,013) (2,483)
ESTIMATED ENDING RESERVE 10,081 10,659
ESTIMATED ENDING SURPLUS / (DEFICIT) 48,411 45,350
ESTIMATED ENDING SPENDABLE FUND BAL 58,492 56,009
FUND BALANCE AS % OF OPERATING EXP. 151.9% 145.1%
558
FY 2024-25 Proposed Budget – Environmental Resources Funds – Revenue and Expenses
16 ENVIRONMENTAL RESOURCES
FUNDS $000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE % CHANGE
REVENUES
43 ‐ FEES AND CHARGES 265 265 265 0 0.0%
45 ‐ UTILITY FEES 46,111 46,111 58,394 12,283 26.6% 47 ‐ MISC INCOME 148 148 521 373 252.6%
48 ‐ GRANT REVENUES 0 48 0 0 na
49 ‐ TRANSFERS IN 2,614 7,600 0 (2,614) (100.0%)
TOTAL REVENUES 49,138 54,171 59,179 10,042 20.4%
50 ‐ SALARIES & WAGES 14,150 14,274 16,770 2,620 18.5% 51 ‐ EMPL BENEFITS 9,511 9,573 9,302 (209) (2.2%)
52 ‐ SUPPLIES 1,716 1,964 2,011 296 17.2%
53 ‐ SERVICES 2,194 6,245 2,596 402 18.3%
54 ‐ UTILITY & ENERGY 16,328 16,098 14,983 (1,345) (8.2%) 55 ‐ MAINTENANCE 350 350 400 50 14.3%
56 ‐ CAPITAL EXPENDITURE 515 824 3,017 2,502 485.8% 57 ‐ FINANCING 3,623 4,009 3,435 (188) (5.2%)
59 ‐ TRANSFERS OUT 9,734 14,813 10,547 813 8.4%
TOTAL EXPENSES 58,120 68,150 63,060 4,941 8.5%
NET SURPLUS / (DEFICIT) (8,982) (13,979) (3,881) 5,101
Change columns compare the FY 2024-25 Proposed Budget to the FY 2023-24 Adopted Budget 559
FY 2024-25 Proposed Budget – Environmental Resources Funds – Fund Balance
17 FUND BALANCE INFORMATION $ 000’s
FY 2023‐24
ADOPTED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
BEGINNING RESERVE 25.0% 14,382 14,382
INCREASE RESERVE TO TARGET 0 578
BEGINNING RESERVE 14,382 14,959
BEGINNING SURPLUS 6,722 (837)
BEGINNING SPENDABLE FUND BALANCE 21,104 14,122
BUDGETED REVENUE 49,138 59,179
BUDGETED EXPENDITURE 58,120 63,060
NET BUDGETED SURPLUS / (DEFICIT) IN YR (8,982) (3,881)
ANTICIPATED VARIANCE FY 2023‐24 2,000 0
IMPACT TO FUND BALANCE (6,982) (3,881)
ESTIMATED ENDING RESERVE 14,382 14,959
ESTIMATED ENDING SURPLUS / (DEFICIT) (260) (4,718)
ESTIMATED ENDING SPENDABLE FUND BAL 14,122 10,241
FUND BALANCE AS % OF OPERATING EXP. 24.7% 18.0%
560
FY 2024-25 Proposed Budget – Golf Funds – Revenue and Expenses 18 GOLF FUNDS $000's
FY 2023‐24
ADOPTED
BUDGET
FY 2023‐24
REVISED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
$ CHANGE % CHANGE
REVENUES
44 ‐ RECREATION REVENUES 6,146 7,078 6,146 0 0.0%
47 ‐ MISC INCOME 265 265 423 157 59.4%
49 ‐ TRANSFERS IN 0 1,189 0 0 na
TOTAL REVENUES 6,412 8,532 6,569 157 2.5%
50 ‐ SALARIES & WAGES 26 26 27 1 2.5%
51 ‐ EMPL BENEFITS 11 11 10 (0) (4.5%)
52 ‐ SUPPLIES 348 348 348 0 0.0%
53 ‐ SERVICES 4,184 5,725 4,184 0 0.0%
54 ‐ UTILITY & ENERGY 701 701 701 0 0.0%
55 ‐ MAINTENANCE 35 33 35 0 0.0%
56 ‐ CAPITAL EXPENDITURE 100 584 100 0 0.0%
57 ‐ FINANCING 184 186 184 0 0.0%
58 ‐ INSURANCE 126 126 126 0 0.0%
59 ‐ TRANSFERS OUT 62 746 1,510 1,448 2328.8%
TOTAL EXPENSES 5,777 8,486 7,225 1,448 25.1%
NET SUPRLUS / (DEFICIT) 635 46 (656) (1,291)
Change columns compare the FY 2024-25 Proposed Budget to the FY 2023-24 Adopted Budget 561
FY 2024-25 Proposed Budget – Golf Funds – Fund Balance 19 FUND BALANCE INFORMATION $ 000’s
FY 2023‐24
ADOPTED
BUDGET
FY 2024‐25
PROPOSED
BUDGET
BEGINNING RESERVE 25.0% 1,444 1,444
INCREASE RESERVE TO TARGET 0 578
BEGINNING RESERVE 1,444 2,022
BEGINNING SURPLUS 3,680 3,737
BEGINNING SPENDABLE FUND BALANCE 5,124 5,759
BUDGETED REVENUE 6,412 6,569
BUDGETED EXPENDITURE 5,777 7,225
NET BUDGETED SURPLUS (DEFICIT) IN YR +635 (656)
ANTICIPATED VARIANCE FY 2023‐24 0 0
IMPACT TO FUND BALANCE +635 (656)
ESTIMATED ENDING RESERVE 1,444 2,022
ESTIMATED ENDING SURPLUS / (DEFICIT) 4,315 3,081
ESTIMATED ENDING SPENDABLE FUND BAL 5,759 5,103
FUND BALANCE AS % OF OPERATING EXP. 101.4% 71.6%
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RECOMMENDATION 20
That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget on June 4, 2024, for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the Proposed Budget, in preparation for final budget adoption on June 18, 2024.
563
Thank You
564
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.1
DATE: June 4, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Public Project Agreement 32400521 with Toro Enterprises, Inc., for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSB1L-5129(102). (10 minutes)
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $4,309,735 in Project funds for Safe Routes to School Safety and Enhancements, Specification No. PW 22- 87, Caltrans Project No. ATPSB1L-5129(102);
2. The Mayor to Execute an Agreement with Toro Enterprises, Inc., in the amount of $3,591,447 with a contingency amount of $359,144 (10%) for a total not to exceed contract amount of $3,950,591 for the Project;
3. A Project allocation amount of $359,144 (10%) for engineering, inspection, survey and project management for the Project;
4. A total amount of new project budget appropriations of $1,762,810 consisting of $613,000 from the Air Pollution Buydown Fee Fund (Fund 360 Subfund 7010) available fund balance, $855,000 from the Mobility Fee Fund (Fund 350 Subfund 8055) available fund balance, and $294,810 from the General Fund (101) available fund balance for the Safe Routes to School Project (C2212) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts; and
5. A total amount of budget appropriation transfers of $1,066,925 from the General Fund (101) consisting of $292,761 in the Ventura Boulevard Sidewalk Project (C1305); $293,509 in the La Colonia Green Alleys Project (C1802); $30,655 in the South Oxnard Center Roof Replacement Project (C2010); $100,000 in the Storm Water Catch Basins Project (C2214); and $350,000 from the available FY 2023-24 Public Works Operating Budget to the Safe Routes to School Project (C2212), as well as the corresponding Capital Outlay Fund (301) appropriation transfers in the same amounts.
(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/bQMDT5A3jQY
BACKGROUND
The City was successful in receiving an Active Transportation Program (ATP) grant from the California Transportation Commission (CTC) by way of the Ventura County Transportation Commission (VCTC) for the Safe Routes to School Safety and Enhancements Project (Project). This grant is administered by the California Department of Transportation (Caltrans).
565
The Project includes two components: Infrastructure and Non-infrastructure. Staff is requesting an award for the infrastructure component, which includes constructing pedestrian and bicycle safety enhancements for five (5) schools:
Curren Elementary, Fremont Middle, Harrington Elementary, Kamala Elementary, and Lemonwood Elementary. The Project improves visibility at pedestrian crossings by enhancing intersection geometry to improve sight distance for motorists and pedestrians, completes missing or inaccessible curb ramps, and installs traffic signs and pavement markings.
The non-infrastructure component is a multi-year Citywide program scheduled to be completed in spring 2025. The Project team has been in communication with school principals, teachers and school volunteers to analyze the existing conditions of the routes used by students and their parents. The team conducted walking audits and observed the challenges encountered during arrival and dismissal times. Through these observations, the team is developing Safe Routes to School route maps which will be distributed to students and parents as early as the 2024-2025 school year.
Infrastructure, programmatic, and operation recommendations are also being developed while education and engagement events are held, such as school assemblies, walk and roll to school events and safe routes art competitions.
CIP Reference
Project No. C2212/223109 – Safe Routes to School PW 22-87 - CIP 2022-2027 - Adopted May 3, 2022 – Page 71.
DISCUSSION
The Project consists of furnishing all labor, tools, materials, equipment, work signs, cones and/or traffic control equipment and incidentals to improve pedestrian and bicycle safety at the five (5) schools listed above, located within the City of Oxnard, by enhancing crossing improvements through installing curb return and ramp reconstruction, milling and paving, traffic signing and striping improvements.
The work is tentatively scheduled to begin in July 2024 and continue into September 2024 (60 working days) absent any delays for supply chain issues, unforeseen site conditions or weather. Staff will work closely with each school’s administrative staff, their respective Neighborhood Councils and with those residents directly impacted by the work to keep them informed as to the Project schedule. General project information will also be disseminated to keep the public informed.
The notice inviting formal bids (NIFB) on the Project was published on March 7, 2024, and all bids were due and opened on April 9, 2024. The City received the following bids:
Toro Enterprises, Inc: $ 3,591,447.00
C.A. Rasmussen, Inc: $ 3,853,158.40
The lowest bidder is Toro Enterprises, Inc. (Toro), and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro, 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 Toro.
In addition to the project award amount of $3,591,447, Staff recommends authorizing $718,288 for the Project, which includes $359,144 for project contingency (10% of the contract costs) and $359,144 for the cost of 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 $4,309,735.
The Project has an available budget of $1,480,000 from the ATP grant. The grant was applied for in 2020 and approved by the State in 2021, with Project design beginning in 2022. When the grant application was submitted in 2020 it included an assumption of construction costs based upon 2020 prices. Since then and according to the California Construction Cost Index (https://www.dgs.ca.gov.) costs have increased by an annual average of 8.725% over the last four (4) years. Due to 566
these sharp inflationary increases, additional funds are being requested to award this Project.
To allow this project to move forward to construction and not return the grant funding, staff recommends appropriations from the Mobility Fee Fund (Fund 350 Subfund 8055) and the Air Pollution Buydown Fees Fund (Fund 360 Subfund 7010), which can be used to construct bicycle and pedestrian projects. The City currently has projects in design that could utilize these funds including Class III bike routes in the Northeast Community, Class II bike lanes along Oxnard Boulevard, and 4th Street Mobility Improvements, however, these projects have no budgetary need at this time.
Therefore, Staff recommends an appropriation of $855,000 from Mobility Fee Fund (Fund 350 Subfund 8055) and $613,000 from Air Pollution Buydown Fees Fund (Fund 360 Subfund 7010) to the Project. Staff is also recommending to appropriate $294,810 of General Fund (101), and transfer $1,066,925 of General Fund (101) from Public Works capital savings from projects identified in the Financial Impact table.
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 shall not exceed $4,309,735, which includes the construction agreement, contingency and project allocation. The Safe Routes to School Project No. C2212 has an available project budget balance of $1,480,000 from the State Grant Fund (210). Staff is requesting a total of $1,762,810 in new project budget appropriations from available fund balances to this Project as noted in the table below. Additionally, staff is requesting a total of $1,066,925 in budget appropriation transfers from the available budgets in the General Fund (101) to this Project as noted in the table below. These transfers are from capital projects already completed and/or funded via other funding sources (e.g.
ARPA). These new appropriations and budget transfers will total $4,309,735 to fund this Project.
Safe Routes to School - Project C2212
FUND AVAILABLE
BUDGET
BALANCE
PROPOSED NEW
BUDGET
APPROPRIATIONS
PROPOSED
BUDGET
TRANSFERS
NEW
TOTAL
BUDGET
State Grant (210) in Project
C2212
$1,480,000 $0 $0 $1,480,000
Mobility Fee (350-8055) $0 $855,000 $0 $855,000
Air Pollution Buydown Fee
(360-7010)
$0 $613,000 $0 $613,000
General Fund (101) $0 $294,810 $0 $294,810
GF (101) Ventura Boulevard
Sidewalk Project (C1305)
$0 $0 $292,761 $292,761
GF (101) La Colonia Green
Alleys Project (C1802)
$0 $0 $293,509 $293,509
GF (101) Oxnard Center Roof
Replacement Project (C2010)
$0 $0 $30,655 $30,655
567
GF (101) Stormwater Catch
Basins Project (C2214)
$0 $0 $100,000 $100,000
GF (101) FY 23-24 Public Works
Operating Budget (1013101-
53200)
$0 $0 $350,000 $350,000
TOTAL $1,480,000 $1,762,810 $1,066,925 $4,309,735
COMMITTEE OUTCOME
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 the City Council previously approved.
Prepared by: Morgan Kessler, City Engineer, Debbie O'Leary, Transportation Planner
ATTACHMENTS
1. Agreement 32400521 - Toro Ent. - PW 22-87
2. Presentation
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Agreement No.: 32400521
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CONSTRUCTION CONTRACT FOR
SAFE ROUTES TO SCHOOL SAFETY AND ENHANCEMENTS
SPECIFICATION NO. : PW 22-87
STATE PROJECT NO. ATPSB1L-5129(102)
BY AND BETWEEN
THE CITY OF OXNARD
AND TORO ENTERPRISES, INC.
THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this 04 day of June, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and TORO ENTERPRISES, INC. (“Contractor”). Contractor’s license number is 710580. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City requires construction of the SAFE ROUTES TO SCHOOL SAFETY AND ENHANCEMENTS as more fully described in the solicitation issued by the City for SPECIFICATION NO. PW 22-87 CALTRANS PROJECT NO. ATPSB1L-5129(102) (the “Project”); and WHEREAS, on March 07, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on June 04, 2024, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certif ications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES
CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contrac t by this reference, as though set forth herein.
2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in 569
Agreement No.: 32400521
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all, and together constitutes Contractor’s performance obligations:
1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s subm itted Bid Proposal as accepted by the City);
2. Change Orders issued and approved by the City;
3. Bid Addenda issued by the City;
4. Notice Inviting Bids and Instructions to Bidders;
5. Specifications
6. Special Provisions
7. Appendices
8. Plans
9. Bid Forms and attachment thereto;
10. Performance Bond;
11. Payment Bond.
3. CONTRACTOR’S OBLIGATIONS
A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best ef forts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (herei nafter the “Project Manager”).
B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.
C. The Contractor shal l rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.
D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the s ame to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.
E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though 570
Agreement No.: 32400521
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instructed to do so by the Owner.
F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.
1. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.
4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A Contractor’s license issued by California State Contractors License Board.
B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.
C. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.
D. The Contractor will also be required to possess a City of O xnard business license at the time of Contract award.
5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor THREE MILLION FIVE HUNDRED NINETY ONE THOUSAND FOUR HUNDRED FORTY SEVEN DOLLARS, ($ 3,591,447) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, material s, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
B. Procedures relating to payment and retention are set forth in the Special Provisions.
6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of sixty Working Days (60) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.
B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibil ity, and as a 571
Agreement No.: 32400521
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consequence will be subject to rejection.
C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.
7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the Special Provisions.
1. In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).
B. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy -five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public C ontract Code Section 9204), the claims procedures in Public Contract Code Section 20104.2 and the provisions of this Section shall apply.
1. In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.
2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of S ection 20104.4 and the Government Claims Act (Government Code section 810 et seq.).
C. For disputes or clai ms that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.
2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the l egal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non- binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws. 572
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4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.
8. TERMINATION OF AGREEMENT FOR CONVENIENCE
A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
1. Immediately discontinue the Work to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
C. Upon such termination, the Contractor will be paid without duplication for:
1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
3. Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails t o submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City a s being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
9. TERMINATION FOR CONTRACTOR’S DEFAULT
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A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;
2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
3. disregards written instructions from the City or materially violates provisions of the Contract Documents;
4. fails to prosecute the Work according to the schedule approved by the Engineer,
5. disregards laws or regulations of any public body having jurisdiction, or
6. commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.
B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to dil igently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
10. PREVAILING WAGE
A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including 574
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workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
B. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 10 and the provisions of Exhibit “A”, the terms of this Section 10 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section
10. C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
1. Contractor and Subcontractor Obligations . Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
2. Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
3. Enforcement. Upon notice of noncompli ance with Labor Code § 1776, Contractor or Subcontractor has ten (10) Calendar Days in which to comply with the requirements of this Section. If Contractor or Subcontractor fails to do so within the ten (10) C alendar Day period, Contractor or Subcontractor will forfeit a penalty of one hundred dollars ( $100.00) per Calendar Day, or portion of a Calendar Day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
E. Notices. Pursuant to Labor Code section 1771.4, Contrac tor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.
F. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other 575
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applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.
G. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
1. Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each w orker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this S ubsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hou rs when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
H. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
I. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and mai ntain registration for the duration of the Project.
11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of three thousand five hundred dollars ($3,500) per day for each Calendar D ay of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
12. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise s pecified in the Contract Documents, all required permits and 576
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licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
13. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 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 on this Contract.”
14. INSURANCE
Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS- G attached as Exhibit B to this Contract.
15. [RESERVED]
16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
17. INDEMNIFICATION
A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of the m harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entit y arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
1. Contractor will defend any action or act ions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
2. Contractor will promptly pay any judgment rendered against the City, its elect ed or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or fail ure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
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3. In the event the City, its elected or appoint ed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or fail ure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
B. City will timely notify Contractor upon receipt of any third- party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
18. THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third- party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third- party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.
19. CONFLICTS OF INTEREST
The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely m ake the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”
20. REPORTS; BOOKS AND RECORDS; AUDIT
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Contractor's performance of the Work required by this Contract.
B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and his or her designee, and, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.
21. NONDISCRIMINATORY EMPLOYMENT
A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.
B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that each Subcontractor shall comply with those provisions.
The Contractor shall be re quired to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.
22. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
23. ENTIRE AGREEMENT
A. This Contract supersedes any and all prior or contemporaneous agreements, either or al or written, between the City and Contractor with respect to the subject matter of this Contract.
B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledg es that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
C. No agreement, statement, or promise with r espect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party. 579
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24. AMBIGUITIES
This Contract is in all r espects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attach ed hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed t o supersede any of the provisions of this Contract.
25. NOTICES
A. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
TO CITY: Public Works Department, 305 W. Third Street, East Wing, Third Floor, Oxnard, CA 93030
TO CONTRACTOR: Toro Enterprises, Inc., 2101 E. Ventura Blvd., Oxnard, CA 93036 B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
C. Either Party, or the surety, may change its address by giving noti ce in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California. 580
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29. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one- year guarantee period after the City’s acceptance thereof) at no further cost to the City.
30. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
31. OWNERSHIP OF DOCUMENTS
No portion of the Contrac t Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
35. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
36. CUMULATIVE REMEDIES
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Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
37. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.
38. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and as to form by the City Attorney, and executed by the authorized City personnel or the Mayor.
39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warr ant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
40. WAIVER
No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approv al of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
41. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
42. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.
43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
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44. ATTORNEY'S FEES
If either Party commences an action against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.
CITY OF OXNARD TORO ENTERPRISES, INC.
☒ John C. Zaragoza, Mayor1 Date Sean Castillo, President Date ☐ Purchasing Agent
Jerry Hannigan, Secretary Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen Fischer Date
City Attorney
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000.
1 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. 584
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EXHIBITS
Exhibit A: Contractors Bid Proposal.
Exhibit B: Form INS-G: Insurance Requirements.
Bonds
The corresponding exhibits and forms contained within follow.
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EXHIBIT A
CONTRACTOR’S BID PROPOSAL
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EXHIBIT B
FORM INS-G : INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT 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.
a. 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; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. 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, wit h 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. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. 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 -G. 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 c ertificates 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. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
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 wri tten 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 responsi bility to give such notice.
4. Contractor agrees that the Commer cial 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 ar ising 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- G 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 com ply 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 volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and relate d 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.
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City=s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
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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.
CODESUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER ASPECIFY 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
[ ] 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
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
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
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Agreement No.: 32400521
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t 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 sui ts arising from the operations, products and activities performed by or on behalf of the name d 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 afford ed 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 shal l not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made o r 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 perso n or organization would have as a claimant if not so included.
4. CANCELLATION NO TICE. 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, A 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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
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
594
Agreement No.: 32400521
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for 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.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the Ci ty; 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 i nsurance as respects the City, its officers, agents, employees or volunteers; or s tand 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 INS URED=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 Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany 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 ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
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
595
Agreement No.: 32400521
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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 SAFE ROUTES TO SCHOOL SAFETY AND ENHANCEMENTS, SPECIFICATION NO. PW 22-87 CALTRANS PROJECT NO.
ATPSB1L-5129(102).
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 one 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 596
Agreement No.: 32400521
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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:
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed and dated, all Surety 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.
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Agreement No.: 32400521
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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 SAFE ROUTES TO SCHOOL SAFETY AND ENHANCEMENTS, SPECIFICATION NO. PW 22-87 CALTRANS PROJECT NO.
ATPSB1L-5129(102).
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 one 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 int ent 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 Proj ect; 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 shal l in any way affect the 598
Agreement No.: 32400521
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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 Specifications. Surety hereby waives Californi a Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party bei ng hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed and dated, all Surety 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.
599
Agreement 32400521 with T oro Enterprises, Inc.
for Safe Routes to School Safety and
Enhancements,
Specification No. PW 22-87
City Council
June 4, 2024
Jose Rivera
Project Manager
600
That the City Council approve and authorize:
1. A total of $4,309,735 in Project funds for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No.
ATPSB1L-5129(102);
2. The Mayor to Execute an Agreement with T oro Enterprises, Inc., in the amount of $3,591,447 with a contingency amount of $359,144 (10%) for a total not to exceed contract amount of $3,950,591 for the Project;
3. A Project allocation amount of $359,144 (10%) for engineering, inspection, survey and project management for the Project;
(continued on next page)
RECOMMENDATION 2
601
4. A total amount of new project budget appropriations of $1,762,810 consisting of $613,000 from the Air Pollution Buydown Fee Fund (Fund 360 Subfund 7010) available fund balance, $855,000 from the Mobility Fee Fund (Fund 350 Subfund 8055) available fund balance, and $294,810 from the General Fund (101) available fund balance for the Safe Routes to School Project (C2212) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts; and
5. A total amount of budget appropriation transfers of $1,066,925 from the General Fund (101) consisting of $292,761 in the Ventura Boulevard Sidewalk Project (C1305); $293,509 in the La Colonia Green Alleys Project (C1802); $30,655 in the South Oxnard Center Roof Replacement Project (C2010); $100,000 in the Storm Water Catch Basins Project (C2214); and $350,000 from the available FY 2023-24 Public Works Operating Budget to the Safe Routes to School Project (C2212), as well as the corresponding Capital Outlay Fund (301) appropriation transfers in the same amounts.
RECOMMENDATION (continued) 3
602
The Safe Routes to School Safety and Enhancements Project (Project) is a Capital Improvement Project with an Active Transportation Program (ATP) grant.
The purpose is to improve visibility at pedestrian crossings, complete missing or inaccessible curb ramps, install traffic signs and pavement markings, and enhance intersection geometry to improve sight distance for motorists and pedestrians for five (5) schools:
• Curren Elementary
• Fremont Middle
• Harrington Elementary
• Kamala Elementary
• Lemonwood Elementary
BACKGROUND 4
603
CURREN SCHOOL - CONCEPT PLAN 5
604
EXAMPLES OF EXISTING CONDITIONS & FUTURE IMPROVEMENTS 6
CURREN SCHOOL
Future Curb Extension
Future Flashing Beacon and Curb Extension
605
FREMONT MIDDLE SCHOOL - CONCEPT PLAN 7
606
EXAMPLES OF EXISTING CONDITIONS & FUTURE IMPROVEMENTS 8
FREMONT MIDDLE SCHOOL
Future High Visibility Crosswalk Future Curb Extension
607
HARRINGTON ELEMENTARY SCHOOL - CONCEPT PLAN 9
608
EXAMPLES OF EXISTING CONDITIONS & FUTURE IMPROVEMENTS 10
HARRINGTON ELEMENTARY SCHOOL
Future Curb Extension to improve visibility
Future Curb Extension Future Curb Extension
609
KAMALA ELEMENTARY SCHOOL - CONCEPT PLAN 11
610
EXAMPLES OF EXISTING CONDITIONS & FUTURE IMPROVEMENTS 12
KAMALA ELEMENTARY SCHOOL
Future Curb Extension
Future Ladder Style Crosswalk
611
LEMONWOOD ELEMENTARY SCHOOL - CONCEPT PLAN 13
612
EXAMPLES OF EXISTING CONDITIONS & FUTURE IMPROVEMENTS 14
LEMONWOOD ELEMENTARY SCHOOL
Future Curb Extension Future Ladder Style Crosswalk
613
EXAMPLES OF COMPLETED PROJECTS 15
Installed Curb Extension
Installed Flashing Beacon and Ladder Style Crosswalk
CESAR CHAVEZ ELEMENTARY SCHOOL
COMPLETED IMPROVEMENTS
614
The notice inviting formal bids (NIFB) was published on March 7, 2024, and all bids were due and opened April 9, 2024. The City received the following bids:
TORO Enterprises, Inc: $ 3,591,447.00
C.A. Rasmussen, Inc: $ 3,853,158.40
The lowest responsive bidder is TORO ENTERPRISES, INC. 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 recommends that the City Council award the contract for this Project to TORO ENTERPRISES, INC.
DISCUSSION 16
615
The work is tentatively scheduled to begin in July 2024 and continue for 60 working days until September 2024.
Staff alongside the Contractor will share the schedule and any construction impacts with the Oxnard School District, Fremont Middle, Curren Elementary, Kamala Elementary, Harrington Elementary, and Lemonwood Elementary, and the Neighborhood Councils. General project information will be shared with any affected neighbors and the public as well.
DISCUSSION 17
616
In addition to the contract award amount of $3,594,447, staff recommends authorizing $718,288 for the following:
• $359,144 for project contingency (10% of the contract cost) • $359,144 for engineering services and City Labor (10% of the contract cost)
Engineering services include: engineering, inspection, labor compliance, and project management.
In order to allow the project to move forward to construction and not return the grant funding, Staff is requesting additional appropriations as described in the Financial Impact.
DISCUSSION 18
617
• T otal cost for this Project shall not exceed $4,309,735, which includes the construction agreement, contingency and project allocation
• Safe Routes to School Project No. C2212 has an available project budget balance of $1,480,000 from the State Grant Fund (210) • Staff is requesting a total of $1,762,810 in new project budget appropriations from available fund balances to this Project • Additionally, staff is requesting a total of $1,066,925 in budget appropriation transfers from the available budgets in the General Fund (101) to this Project
• These new appropriations and budget transfers will total $4,309,735 to fund this Project
FINANCIAL IMPACT 19
618
QUESTIONS
20 619
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.2
DATE: June 4, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreements for the Supply and Delivery of Chemicals to Water, Wastewater, and Recycled Water Facilities. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the following Agreements for the supply and delivery of various types of chemicals to Water, Wastewater, and Recycled Water Facilities, each with the initial agreement term ending June 30, 2025, after which each Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029:
1. Agreement 32500003 with JCI Jones Chemicals Inc., in the amount not to exceed $4,525,000;
2. Agreement 32500004 with Northstar Chemical, in the amount not to exceed $2,925,000;
3. Agreement 32500005 with Pencco, Inc., in the amount not to exceed $7,100,000;
4. Agreement 32500008 with King Lee Chemical Co., in the amount not to exceed $1,900,000;
5. Agreement 32500009 with Aquapulse Chemicals, LLC, in the amount not to exceed $900,000;
6. Agreement 32500010 with Hill Brothers Chemical Company, in the amount not to exceed $150,000; and
7. Agreement 32500011 with Univar Solutions USA, Inc., in the amount not to exceed $2,300,000.
(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5uN6pDKnnj4
BACKGROUND
Wastewater
The Oxnard Water Resource Recovery Facility (WRRF) provides primary, and secondary treatment. Primary treatment consists of settling tanks to remove inorganic materials as well as heavy solid materials. Secondary treatment consists of biological treatment and settling tanks to remove soluble organics. As part of daily wastewater treatment, the WRRF utilizes the following chemicals:
• Sodium hydroxide solution for odor control
• Ferric chloride to enhance primary treatment and odor control • Ferrous chloride for odor control along major sewer pipelines • Sodium hypochlorite for disinfection of treated wastewater • Sodium bisulfite to dechlorinate disinfected wastewater before discharging into the ocean
Water
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The City of Oxnard Water Division utilizes three sources of water to serve its potable water customers: groundwater from the City’s wells, groundwater delivered by United Water Conservation District (UWCD) and imported surface water delivered by Calleguas Municipal Water District (CMWD). The City owns and operates six blending stations where the Water Division blends its three sources of water. The Water Division utilizes the following chemicals:
• Sodium hydroxide solution for pH balance
• Sodium hypochlorite and solutions for disinfection
• Aqueous ammonia for disinfection
• Antiscalant for membrane treatment
Recycled Water
The Advanced Water Purification Facility (AWPF) provides recycled water treatment, which consists of membrane filtration and reverse osmosis followed by advanced oxidation and disinfection to remove dissolved organics, minerals, and viruses. The AWPF utilizes the following chemicals:
• Sulfuric acid solution for pH control
• Hydrogen peroxide for advanced oxidation disinfection • Sodium hydroxide, sodium hypochlorite, sodium bisulfite, and citric acid solutions for microfiltration and reverse osmosis membrane cleaning
• Antiscalant for membrane treatment
• Liquid Lime for PH adjustment re-mineralization of the finished water
DISCUSSION
The Purchasing Department released Request for Proposal (RFP) PW 24-73 for Chemical Supply and Delivery Services for the Water, Wastewater, and Recycled Water Facilities on January 16, 2024, with a proposal due date of February 13, 2024. RFP PW 24-73 received a total of 11 proposals from the following vendors:
Aquapulse
Chemicals, LLC
Chemrite, Inc. HASA, Inc.
Hill Brothers
Chemical Company
JCI Jones
Chemicals Inc.
Kemira Water
Solutions, Inc.
King Lee Chemical
Co.
Northstar
Chemical
Pencco, Inc.
Catalyst Solutions,
Inc.
Univar
Solutions USA,
Inc.
The proposals were reviewed by the Purchasing Division (Buyer), Wastewater Division (Wastewater Operations Manager, Chief Plant Operator, Sr. Admin Services Analyst), and the Water Division (Water Operations Manager, AWPF Operations Manager) with a determination that the vendors listed in the above Recommendation section are the highest ranked proposers based on scoring criteria listed in RFP PW 24-73. Scoring criteria consisted of the contractor's overall responsiveness and completeness of the proposal, qualification, experience, history of providing the requested services, past record of performance, and cost. Additionally, the awarded vendors meet all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the awarded vendors are capable of satisfactorily supplying and delivering chemicals to the Water, Wastewater, and Recycled 621
Water facilities.
Water - Awarded Vendors
Vendor Chemical Vendor Chemical
Hill
Brothers
Aqueous
Ammonia
Univar Sodium
Hydroxide
JCI Sodium
Hypochlorite
King
Lee
Antiscalant
Wastewater - Awarded Vendors
Vendor Chemical Vendor Chemical
Pencco Ferric Chloride JCI Sodium
Hypochlorite
Pencco Ferrous
Chloride
JCI Sodium Bisulfite
Northstar Sodium
Hydroxide
Recycled Water - Awarded Vendors
Vendor Chemical Vendor Chemical
Northstar Citric Acid Univar Sodium
Hydroxide
Northstar Sulfiric Acid Univar Liquid Lime
JCI Sodium
Hypochlorite
King Lee Antiscalant
JCI Sodium Bisulfite Aquapulse Hydrogen
Peroxide
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 cost for these agreements shall be funded using appropriations included in the Proposed Fiscal Year 2024-25 Budget from the Water Operating Fund 601 and Wastewater Operating Fund 611 for City Council’s consideration. Subsequent year allocations will be requested during the annual budget process.
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The Water and Wastewater divisions shall pay for chemical costs on an as-needed basis. Payment shall be made when chemicals are delivered, and there will be no guaranteed spending amounts throughout the agreement.
Water Estimated Spending Plan
6013600-52100
VENDOR FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 TOTAL Hill Brothers $28,000 $29,000 $30,000 $31,000 $32,000 $150,000 Univar $95,000 $100,000 $105,000 $110,000 $115,000 $525,000 JCI $105,000 $105,000 $110,000 $115,000 $115,000 $550,000 King Lee $73,000 $75,000 $77,000 $79,000 $81,000 $385,000 TOTAL $301,000 $309,000 $322,000 $335,000 $343,000 $1,610,000
Wastewater Estimated Spending Plan
6113614-52100
VENDOR FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 TOTAL JCI $530,000 $555,000 $585,000 $610,000 $645,000 $2,925,000 Pencco $1,285,000 $1,350,000 $1,415,000 $1,485,000 $1,565,000 $7,100,000 Northstar $60,000 $65,000 $65,000 $65,000 $70,000 $325,000 TOTAL $1,875,000 $1,970,000 $2,065,000 $2,160,000 $2,280,000 $10,350,000
Recycled Water Estimated Spending Plan
6013605-52100
VENDOR FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 TOTAL Northstar $490,000 $505,000 $520,000 $535,000 $550,000 $2,600,000 Univar $329,000 $345,000 $356,000 $367,000 $378,000 $1,775,000 JCI $195,000 $205,000 $215,000 $215,000 $220,000 $1,050,000 King Lee $280,000 $300,000 $305,000 $310,000 $320,000 $1,515,000 Aqua Pulse $170,000 $175,000 $180,000 $185,000 $190,000 $900,000 TOTAL $1,454,000 $1,505,000 $1,551,000 $1,592,000 $1,638,000 $7,840,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on May 14, 2024 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Timothy Beaman, Assistant Public Works Director
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ATTACHMENTS
1. Agreement 32500003 JCI Jones
2. Agreement 32500004 Northstar
3. Agreement 32500005 Texas Pencco
4. Agreement 32500008 King Lee Technologies
5. Agreement 32500009 Aquapulse
6. Agreement 32500010 Hill Brothers
7. Agreement 32500011 Univar Solutions
8. Presentation
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Agreement No. 32500003
TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND JCI JONES CHEMICALS, INC.
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of JCI Jones Chemicals, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES.
This Agreement is for supply and delivery of sodium hypochlorite 12.5% to the Water Campus, Blending Station No. 3, Advanced Water Purification Facility (AWPF), and to the Oxnard Wastewater Treatment Plant (OWTP), the supply and delivery of sodium bisulfite 38% to the AWPF, and the supply and delivery of sodium bisulfite 25% to the OWTP.
2. PARTIES.
CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030
JCI Jones Chemicals, Inc. (“SERVICE PROVIDER”), a corporation of the State of New York, located at 1765 Ringling Blvd, Sarasota FL 34236
3. TERM OF AGREEMENT: From (Date): 7/1/24 To (Date): 6/30/25
3.1 Time is of the essence in this Agreement.
3.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of 625
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receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.
3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT NOT TO EXCEED: $4,525,000.00
5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Roberto Fuentes Name: Tim Ross Title: Wastewater Operations Manager Title: Vice President West Coast Phone: (805) 271-2203 Phone: (310) 523-1629 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
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7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.
10. PAYMENT & INVOICES.
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The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
10.1 Payment Request. SERVICE PROVIDER 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. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
10.4 SERVICE PROVIDER 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 SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
11. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.
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12. MODIFICATION OF AGREEMENT.
This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.
13. TERMINATION OF AGREEMENT.
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
14. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees, subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City.
SERVICE PROVIDER 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. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.
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15. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
16. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.
SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this 630
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Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.
17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
18. ASSIGNMENT.
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This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.
SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.
The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.
20. NOTICES.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
21. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
22. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
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23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to 633
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SERVICE PROVIDER 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. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’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 SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
24. INSURANCE.
SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS.
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
26. PREVAILING WAGE REQUIREMENTS.
26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. 634
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Prevailing wages are required to be paid to all workers, including subcontracted employees.
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
27. CONFLICT OF INTEREST
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
28. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible 635
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vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.
29. SUBCONTRACTING.
If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.
CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
31. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. AUDIT.
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CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER 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 SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER 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.
33. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
34. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER 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.
SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
35. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
36. GOVERNING LAW.
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The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
37. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
38. INTEGRATED AGREEMENT.
This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
39. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
40. AUTHORITY TO EXECUTE.
Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
41. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
42. INCONSISTENT OR CONFLICTING TERMS.
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In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
43. ACKNOWLEDGEMENT.
By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.
[Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.
CITY OF OXNARD JCI JONES CHEMICALS, INC.
☐John C. Zaragoza, Mayor1 Date Tim Ross, Vice President Date ☐Jennifer Yates, 2
Purchasing Manager
Cris Blomgren, Office Manager 3 Date
ATTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 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.
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EXHIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and JCI JONES CHEMICALS, INC.)
SCOPE OF SERVICES
WATER CAMPUS: CHRIS PEYTON / (805) 207-2101 / [email protected] AWPF: MIKE LOVE / (805) 385-8342/ [email protected]
OWTP: ROBERTO FUENTES / (805) 271-2203/ [email protected]
SUPPLIER SPECIFICATIONS & GENERAL REQUIREMENTS
1.0 Delivery
a. Timing: Product shall be delivered within 48 hours of agency request. All deliveries shall be made Monday through Friday between 8:00 a.m. and 4:00 p.m. b. Delivery vehicles: Shall be in good condition and operated by Supplier. Truck tractors and tank trailers shall be pneumatic-tired; conform to all applicable State and Federal regulations; and be fully equipped and maintained to safely transport and deliver specified chemical products. Tank trailers shall be specially designed to prevent leakage and resist rupture in the event of a collision, and carry all equipment necessary to respond to an accidental chemical release. Tanker shall be clearly identified and visible with company name. c. Delivery Driver: Shall be trained and experienced in handling specified chemical products, and be specifically trained to stop chemical flow in the event of an emergency. Supplier shall provide evidence of such training and experience upon request. d. Posted Speed Limits: Shall be observed at all times while driving on City property. Supplier shall be completely liable for any damage to property or personnel. e. Delivery Equipment: Shall include an appropriate compression unit and piping to permit safe transfer of the specified chemical product to stationary bulk containers. Hoses, fittings and appurtenant equipment shall be provided by Supplier and be free of leaks. f. Unloading: Unloading shall be done in accordance with the following:
i. Shall be done in a safe manner by delivery driver in the presence of a plant operator. ii. Appropriate personal protective equipment (PPE) clothing shall be worn, and industry safety practices and procedures followed explicitly at all times. iii. Delivery driver must present chemical manifest
iv. Deliver driver may be required to capture a sample of the product from the delivery tank in order for a plant operator to do a visual inspection. v. Delivery driver to be able to provide proof of tank and hose inspections prior to delivery demonstrate that all components are in proper working order. g. Refusal of Delivery: City may refuse delivery of product at no penalty to the City if:
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i. Product does not match the specific gravity.
ii. If there is debris in the sample from the delivery truck. iii. Supplier is non compliant with industry standard safety practices and procedures. iv. Failure of Supplier to wear proper PPE while making chemical transfers. Supplier is to provide their staff with all required PPE.
h. Pay Quantity of Bulk Product Delivered: Shall be determined by weighing the tank trailer before and after filling at Supplier’s plant on a certified truck scale. Copies of weight master’s certificates shall be provided with delivery.
i. Other: Agency may require Supplier to furnish an affidavit stating product complies fully with this specification, a certified analysis of the product delivered, and/or the preventative maintenance schedule of delivery truck’s unloading compressor. j. Deliveries to the following locations as required:
● City of Oxnard Wastewater Treatment Plant, 6001 Perkins Road, Oxnard, CA ● City of Oxnard Wastewater Treatment Plant Headworks Facility, 5741 Perkins Road, Oxnard, CA
● City of Oxnard Lift Station 6, 4781 W. Wooley Road, Oxnard, CA ● City of Oxnard Advanced Water Purification Facility, 5700 Perkins Road, Oxnard CA, ● City of Oxnard Water Campus, 251 South Hayes Avenue, Oxnard, CA ● City of Oxnard Blending Station No. 3, 1700 Solar Drive Oxnard, CA
2.0 Quantity
Exact quantities may vary from the estimates given, and may be increased or decreased to meet the agency's requirements. No minimum is guaranteed.
3.0 Invoicing
A separate invoice shall be provided for each delivery during contract period.
4.0 Specification
Supplier shall bring apparent error or omissions to City’s attention
5.0 Chemical Specification for the following locations:
Water Campus located at 251 South Hayes Avenue
Blending Station No. 3, located at 1700 Solar Drive, Oxnard, California 93030
a) Sodium Hypochlorite (Bleach) 12.5%: Estimated annual quantity is 50,000 gallons. Solution should be approximately 12.5% by weight (NaOCl), suitable for potable water treatment (NSF approved).
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