Agenda packet — Oxnard City Council, June 18, 2024 (part 4 of 4)

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Agreement No. 32500017

SERVICE PROVIDER shall obtain and main tain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by th is 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 sa tisfactory 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 D”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROV IDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

27. 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 E” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required t herein to all of it s 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.

28. PREVAILING WAGE REQUIREMENTS.

28.1. Application. The payment of State prev ailing 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 t he project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees. Please see “Exhibit F” for fu rther information r egarding Prevailing Wage requirements.

28.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is s ubject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

28.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or pub lic works projects for the purpose of evading these prevailing wage requirements.

28.4. 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

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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.

29. 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 completi ng 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 maintenanc e of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

30. IRAN CONTRACTING ACT

In accordance with the Iran Contract Ac t 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 t he City with respect to goods or services of one million dollars ($1,000, 000) or more, must certify, that the CONSULTANT is not identifi ed 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 vendors prohibited from doing business with t he State of California and shall complete the Iran Contract Act Certification attached as “Exhibit G.”

31. DISPUTES.

Except as otherwise prov ided 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 De signated Representative shall be final and conclusive unless SERVICE PROVIDER reques ts mediation within ten (10) calendar days. Pending final decision of a disput e, the SERVICE PROVIDER shall proceed diligently with the performance of the Agre ement and in accordance with the decision of the CITY’s Designated Representative.

32. DISPUTE RESOLUTION.

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Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties sha ll meet in mediation within a reasonable time not to exceed forty five (45) days of a reques t. The mediator shall be agreed to by the mediating Parties. In t he absence of an agreement on a mediator, the Parties shall each submit one name from medi ators listed by the American Arbitration Association, the California St ate Board of Mediat ion 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 Part ies. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal ac tion without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a m eeting with the mediator, shall last until agreement is reached by the Part ies but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

33. AUDIT.

CITY shall have the option of inspecti ng, 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. SER VICE PROVIDER will prompt ly 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 late r. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reim burse 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, trav el, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Secti on in all contracts wit h its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcont ractors upon a request by the State Auditor and/or CITY.

34. ADVERTISING AND PUBLICITY

SERVICE PROVIDER shall no t use the name of or refe r 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.

35. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfu lly discriminate against any individual based on race, color, religion or religious cr eed, national origin, ancestry, ethnic group

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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 t hat 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.

36. FORCE MAJEURE.

Neither the SERVICE PROVID ER 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 Pa rty’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

37. GOVERNING LAW.

The terms of this Agreement shall be interp reted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

38. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such por tion 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 th is Agreement will continue in full force and effect and be enforceable.

39. 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 Agr eement. This Agreement shall bind and inure to the benefit of the Parties to this Ag reement and any subsequent successors and assigns.

40. NO THIRD-PA RTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no thir d party or parties shall have any claim or right of action under this Agreement.

41. AUTHORITY TO EXECUTE.

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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.

42. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall cons titute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwri tten 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.

43. INCONSISTENT OR CONFLICTING TERMS.

In the event of any cont radictions or inconsist encies between any attached documents or exhibits incorporated by re ference 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.

44. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER a cknowledges 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 GREENCOAST LANDSCAPES INC.

☐John C. Zaragoza, Mayor1 Date Juan D. Perez Delgado, CEO Date ☐Jennifer Yates, 2
Purchasing Manager

Jessica K. Jauregui Rivera, CFO3 Date

A T T E S T :

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.

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EXHIBIT A

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC.)

SCOPE OF SERVICES

City Project Managers:

Water Locations: Chris Peyton – [email protected] AWPF: Mike Love – [email protected]
OWTP: Cliff Reilly – [email protected]
Oxnard Police: Sgt. Michael Thomas – [email protected] Environmental Resources: James Torrez – [email protected] Oxnard Transportation Center: Brian Yanez- [email protected]

A. Litter/Debris Control

All areas of maintenance res ponsibility, including paved parki ng which is not “on-street parking” (that is, street parking in front of a City building), driveways, fence lines, drop off areas and parking areas, shall be kept free of all trimmings, grass cuttings, dirt/mud, and litter, including broken glass or other such debris. All trimmings, litter and debris shall be removed and disposed of off-site at Vendor’s expense. Litter/debris pick up and removal shall be done during each service visit and s hall include sidewalks adj acent to areas of responsibility. Curb/gutter areas are to be swept/vacuumed. Special emphasis on the Del Norte facility as this is a Waste Transfer Station and Litter is more prominent.

B. Irrigation

Irrigation shall be performed as required to main tain proper plant growth in all areas.

Watering shall be accomplished at times of the day or night to ensure the health of all plants, and so that the inconvenience to people using the area will be kept at a minimum. Automatic irrigation shall normally take place at night or early morning hours. Any water runoff or overflow onto roadway, sidewalk and hard surfac e areas shall be kept at an absolute minimum so as not to cause any pedestrian and/or vehicular liabilities. An irrigation schedule of all areas shall be submitted to and approv ed in advance by the Project Manager of each Operation quarterly in January, April, July and October. The City reserves the right to require Vendor to change the watering schedule as necessary.

Irrigation water shall be carefully applied and in quantities required by the different plant species, time of the year, and other basic environmental factors. The effect of the watering program shall be checked weekly by Vendor. Vendor shall keep in mind water management and conservation efforts within the City and State of California.

Vendor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts. Included in t he system are: electrical and battery-operated irrigation controllers, remote control valves, all valve boxes, gate valves, quick coupling valves, on- site water main lines, control wiring, lateral lines, all fitting and riser assemblies, hose bibs, sprinkler heads, drains and drain pipes and vandal -proof enclosures. Replacement of any

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irrigation items shall be with the same manufacturer and in accordance with the manufacturer’s installation recommendations unless otherwise approv ed by the Project Manager of each Operation. All other irrigation replacement shall be subject to approval by the Project Manager of each Op eration. Vendor shall respond within 2 business days upon request by the Project Manager of each Oper ation. All irrigation equipment shall be maintained in good working condition and shall f unction properly at all times. Vendor shall regularly inspect irrigation systems with no ti me interval between inspections exceeding seven calendar days. All s upplies, equipment and parts s hall be provided at Vendor’s expense. All irrigation controllers shall be turned off during periods of rain by Vendor, turned on and reprogrammed at the completion of each rainy day.

C. Fertilization

All turf grass shall be fertilized by Vendor si x times a year (July, September, November, January, March, May) on a schedule to be approved by t he Project Manager of each Operation. All shrubbery and groundcover shall be fertilized th ree times a year (October, March and June). Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacturer’s guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be accepted. Immediately following application at each site, the fertilizer shall be thoroughly watered into t he soil. The Project Manager of each Operation shall be notified wit h a written schedule one week prior to the date of the application by Vendor. Such notification will be subject to approval by the Project Manager of each Operation.

The turf grass fertilizer shall be a complete commercial fertilizer, Best Turf Supreme 16-6-8 with micronutrients or approved equal, evenly broadcast at the rate of three (3) pounds per thousand square feet per applicati on. The shrub/groundcover fertilizer shall be an organic type fertilizer, Gro Power Plus 5-3-1 or approved equal, evenly broadcast at the rate of ten (10) pounds per thousand square feet. Any deviation from this schedule requires the written approval of the Project Manager of each Operation. Vendor may be required to deviate from this schedule upon written notification by Project Manager of each Operation.

All palm trees shall be fertilized using a combi nation of blood meal and Agriform (slow release) tablets. Every four months (May, September, January), eight holes which are 2 inches in diameter by 12 inches deep shall be uniformly located around the base of the palm trees, filled with blood meal, then completely wa tered in. Once per year (April), six holes which are 3 inches in diameter by 18 inches deep shall be uniformly located around the base of palm tree, one Agriform tablet placed inside, then completely watered in.

D. Soil Aerification

Vendor shall be responsible for soil aerification for all turf grass areas two times per year, in October and May. Aerification shall be done with a power-driven aerifier using ½-inch coring line. The Project Manager of each Operati on shall be notified with a written schedule one week prior to the date of aerification commencement.

E. Thatch Removal

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Vendor shall be responsible for the removal of thatch buildup in the sod layer one time per year, in October. Thatch removal shall be performed with a power-driver Verti-cutting machine. All grass clippings associated with this process shall be removed from the site and disposed of at Vendor’s expense. The October thatch removal shall precede the October aerification process. This verticutting shall be performed on all turf areas.

F. Herbicide Application

Vendor shall be responsible for the control and elimination of weeds, insects, rodents, diseases and any other pests affecting all plant material. Vendor shall possess all permits, licenses and certificates required by the St ate of California Department of Food and Agriculture, prior to the application of any pes ticide. Any pesticide used shall be listed on the State of California Department of Food and Agriculture’s approved list. All pesticide use reports shall be submitted to the Ventura County Agriculture Commissioner. Vendor will be responsible for obtaining the State-required written recommend ations provided by a state- certified Pest Control Advisor. Recommendations need to be procured prior to application of materials. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Ventura County Ag ricultural Commissioner. In addition, all pesticides used must have the written approval of the Project Manager of each Operation prior to application. Vendor shall notify the Project Manager of each Operation three (3) days prior to application of pesticides. Upon completion of the application, Vendor shall submit to the Project Manager of each Oper ation a copy of all pesticide use reports. Vendor shall provide name and license number of personnel spraying chemicals.

G. Kikuyu Abatement Program

A Kikuyu Abatement Program shall be established by Vendor in accordance with guidelines set forth by the University of California Cooperative Extension Program.

H. Weed Control

All turf grass areas shall be kept weed-free at all times and treated for broadleaf weed control as needed, but a minimum of twice a year in the fall and spring, and with a product to be approved by the Project Manager of each Operation. A ll shrub and flower beds and groundcover areas shall be kept in an aesthetically pleasing condition and free of weeds either manually, with mulch or with chemical s as approved by the Project Manager of each Operation. No chemicals to be used within 15 feet of groundwater wells.

All curbs/gutters, paved walkways/parking lots, stamped concrete, and joints adjacent to landscaped areas, fence lines, light standard bases, tree wells, open/vacant dirt and unpaved areas, buildings and structures, shall be free of all weeds. Pre and post emergent herbicides may be used for weed control upon prior approval of the Project Manager of each Operation.

I. Weed Abatement – THIS IS AN “ON-CALL/AS-NEEDED” SERVICE AND ONLY

PERTAINS TO VACANT DIRT LOTS

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Disc harrow work shall be completed so that a ll weeds, grass, crops or other vegetation or organic material which could be expected to burn, shall be substantially turned under so there is insufficient fuel to sustain or allow the spread of fire.

Removal of additional weeds along fence lines, curbs and gutters may have to be done by hand or mowing operations.

Mowing shall be completed so that weeds, gras s or other vegetation or organic material which could be expected to burn is cut to a height of not more than three (3) inches.

Immediately prior to the commencement of work on each assigned parcel, the Vendor shall digitally photograph said parcel, producing colored phot ographs with the minimum dimensions of four (4) by six (6) inches or digital. Said photographs shall show parcel identification number, dat e photographs were taken and weeks or debris to be abated. A minimum of five (5) photographs shall be tak en to adequately show the condition of the parcel. All photographs shall be taken from a recognizable reference point.

Upon completion of the cleaning of the assigned parcel, Vendor shall ta ke a minimum five (5) digital photographs of the assigned parcel, us ing the same reference point-to-point as used in taking the photographs required in above paragraph. Photographs shall also include parcel identification number and the date photographs were taken.

Vendor shall keep these specified photographs and shall have the photographs available for inspection at all times.

After completion of the abatement of assigned parcels, Vendor shall have ten (10) days to transmit the specified photographs along with the billing invoices for the work performed.

Failure to forward both the photographs and invoic es in the time allotted will result in nonpayment.

Weed abatement services are to be performed during business hours Monday through Saturday from 8:00 a.m. to 5:00 p.m. on an on-call/as needed basis as deemed by the Project Manager of each Operation. De l Norte is closed on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

J. Vertebrate Control

A gopher problem is to be addressed daily until the problem is resolved. Written notification of the type of pesticide to be used and frequency of application must be submitted to the Project Manager of each Operation for approval. All other vertebrate pest problems shall be handled on a case by case basis.

K. Pruning and Edging of Sh rubs, Flowers and Groundcovers

Vendor shall be responsible for the pruning of all shrubs and groundcover. Shrubs shall be pruned as needed for natural shape, pes t control, and safe flow of traffic to the satisfaction of the Project Manager of each Operation. Pruning shall be do ne according to the natural growth of each individual plant to maintain proper plant health by cutting out dead, diseased

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or injured wood and to control growth when an unshapely shrub might result. All plant growth shall be prevented from entering onto walkwa ys, roadways, hard surface areas, and along fences and walls. Faded or dead flower heads or their stalks and plan t leaves shall be removed on a weekly basis. This is of particular concern for such plant types as Agapanthus, Limonium, Morea and Hemerocallis. Removal shall be done in a manner so as not to damage remaining or new flower buds from coming into bloom. Edging shall not be done by chemical methods, unless a growth retardant is approved by the Proj ect Manager of each Operation. Vines on walls shall be maintained at a height even with the top of the wall and at a depth no greater than 4 inches from the wall.

L. Mowing and Edging of Turf

Vendor shall be responsible for mowing and edging all turf grass. The turf grass shall be mowed to maintain a height of no more than 2 inches or less than one inch. Site specific mowing height shall be designated by the Project Manager of each Operation. Mowing shall occur once a week. All turf grass shall be edged along sidewalks and paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods, unless an approved growth reta rdant is authorized by the Project Manager of each Operation. Vendor shall pick up and dispose off site of grass clippings after each mowing operation; or a mulching deck may be utilized upon approval by Project Manager of each Operation.

M. Tree Maintenance

Vendor shall provide proper watering of all trees, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Vendor shall remove or loosen any and all tree stakes and/or ties before damage to the trunk is caused by girdling.

Vendor shall take all precautions necessary to prevent damage to trees by any device used to accomplish the terms of the contract.

Street trees are to be maintai ned with a three (3) foot basin covered with three (3) inches- five (5) inches of mulch. Mulch shall not contact the base of the tree.

Dead or dying palm fronds, fruit clusters and ot her vegetation from t he trunks of all palms shall be removed and disposed of per scheduled visit. Dead or dying palm fronds, fruit clusters and other vegetation from the trunks of all palms shall be removed/pruned such that the remaining cut frond stub is cut as close to the trunk of the palm as possible without cutting into the trunk. Dead or dying palm fronds, fruit clusters and other vegetation from the trunks of all palms shall be disposed of off- site.

Vendor shall be responsible for all current and future trees planted.

N. Landscape Replacement

Landscape areas which fail to perform well and whic h are not the result of Vendor or his maintenance/horticultural practices shall be replanted. These areas shall be identified on a semi-annual basis (twice per year) and submitted in writing to the Project Manager of each

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Operation or his representative for review and authorization for replanting. When authorized by the Project Manager of each Operation or his representative, the work shall be performed by Vendor who then shall be compensated by the City on a time and material basis.

O. As Needed Tasks

Items such as the following may be requi red above and beyond routine tasks: mulch installation/replacement, litter/debris control, irrigation, weed control, vertebrate control, pruning and edging of shrubs, flowers and gr oundcovers, mowing and edgi ng of turf, tree maintenance and landscape replacement. W hen authorized by the Project Manager this Operation or his representativ e, the work shall be perform ed by Vendor who then shall be compensated by the City on a time and material basis.

P. Vandalism, Theft and Graffiti

Vendor shall repair, remove, replace or otherwise correct items affected by vandalism, theft, illegal dumping or graffiti. Such items for repair, removal, r eplacement or other corrective measures resulting from vandalism, theft, illegal dumping, and graffiti include but are not be limited to: shrubs, trees, vines , turf, groundcovers, irrigation controllers, remote control valves, valve boxes, gate valves, quick coupling valves, on-site water main lines, control wiring, lateral lines, fittings, risers, hose bibs, sprinkler heads, enclosures, etc.

Q. Storm Damage

Vendor shall correct and repair all storm dam age incurred throughout the year by trees, shrubs, mud on sidewalks/gutters/etc.

R. Water and Electrical Costs

The City shall be responsible for paying all wate r and electrical costs at the site; however, Vendor shall make every effort to conserve these resources.

S. Inspections

Vendor or representative shall be available to perform regula r inspections of each location with the Project Manager of the Operation or his representative. Inspections shall occur once per month at an agreed upon date and time.

T. Response and Inquiries

Vendor shall be required to respond (within 2 hours) to any inquiries, telephone calls, and emergency situations emanating from City staff. Vendor shall have the ability to be contacted by phone, paging service or portable phone, from his office whenever such situations occur during business hours. Vendor shall have su fficient staff available to respond to emergencies such as emergency tree work, on-site water main break and irrigation failure.

U. Warranties

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Vendor shall warranty all replacement trees, equipment and replacement irrigation items for a period of one year from dat e of installation and all replacement shrubs and groundcovers for a period of 120 days from date of installation.

V. Daily Work Tickets

Vendor shall provide copi es of daily work tickets to respective locations after location has been serviced. Daily tickets should include: number of crew on site, time spent on site, tasks performed. Method of delivery work ticket will be at the discretion of each City site representative, options include but are not limited to email or physical delivery by vendor upon exiting the site.

GENERAL REQUIREMENTS

1. Supervision

a. Vendor will assign a supervisor and lead person to this contract and one or both are required to be present during all scheduled working hours and special work assignments. The lead person is required to speak, read and understand English.

Site supervisor or lead person will carry a cell phone and/or pager by which the City staff will be able to communicate with him/her.

2. Staffing

a. A fully qualified force s hall be maintained throughout the pe riod of the contract with a sufficient number of workers to perform all r equired services in a timely manner. All personnel will receive close and continuing fi rst line supervision. Additionally, all personnel shall maintain a courteous and respectful attitude toward the public at all times.

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3. Employee Conduct

a. Employees of Vendor while performi ng work under this contract will not:
i. Be accompanied in their work ar ea by acquaintances, family members, assistants, or any other pers on unless such person is an on-duty authorized Vendor employee.
ii. Remove any City property or personal property, equipment, monies, form or any other item from the facilities.
iii. Engage in horseplay or loud boisterous behavior.
iv. Be under the influence of alcohol or drugs.
v. Gamble.
vi. Smoke in any building.
vii. Use any City telephone except those designated by the City for purposes of business under this contract, except to report need of medical aid, fire, or need of law enforcement (dial 911).
viii. Have access to City buildings, includi ng restrooms, with the exception to sign in and out as required by the site.
ix. Take extended breaks while at City facilities.

4. Employee Removal

a. The City reserves the right to reject any r epresentative of Vendor’s workforce. It shall be Vendor’s responsibility to replace such rejected workers in a manner that will not affect the execution of the contract responsibilities as specified in the contract document. Vendor shall in no way interpret such removal to require dismissal or other disciplinary action of the employee.

5. Employee Appearanc e and Identification

a. Vendor personnel shall present a neat appearance and be easily recognized as Vendor employees. The Vendor shall prov ide each employee with an identification badge and/or uniform. Long pants are required. No shorts, skirts, or open-toed shoes are allowed.

b. Vendor personnel are requir ed to wear proper personal protective equipment (PPE) at all sites. This includes but is not limited to, high visibility shirt or vest, safety glasses, safety toed shoes, and ear protection.

6. Quality Control Program

a. Vendor shall provide and main tain a Quality Control program for all work specified.

Vendor shall provide a copy of quality control procedures, safety procedures, and improvement programs currently in place.

7. Employment Practices

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a. Vendor shall provide the firm’s employment policies and procedures, as well as any equal employment opportunity and affirmative action policies. In addition, include a summary of the firm’s training and injury/illness prevention programs.

8. Property Damages

a. The Vendor will be responsible for any dam age to facilities or contents during the performance of the cont ract. In the event that there is damage to City property, the Vendor’s supervising employee will immediately report the incident to the appropriate Manager verbally and in writing. Any such damage will be repaired by the Vendor at his/her expense and to the satisfaction of the City.

9. Quantity

a. Exact quantities may vary from the es timates given, and may be increased or decreased to meet the City’s requirements. No minimum is guaranteed.

10. Labor Strike

a. It is the Vendor’s responsibility to provi de continuous maintenance services, without interruption, to all buildings and facilities sp ecified herein. In the event of a labor action, the Vendor shall prov ide other means, at the Vendor’s expense, to provide continuous and comparable service. Failur e to do so will cause the City to take whatever action is necessary to provide the service, with any cost above and beyond the Vendor’s normal rates (which will be deducted from the Vendor’s payment) to the City being borne by the Vendor.

11. Invoicing

a. Separate invoices shall be provided for ea ch operation. Each invoice shall include the following:

12. Days and dates of services

13. Number of employees including employee title

14. Employee rate per hour

15. Equipment rate cost for each site per visit

16. Copies of daily work tickets for each site

a. Eight (8) invoices will be provided as follows:
i. Water Operations – Water Campus and Blending Stations Nos. 2, 3, 4 and 5 ii. Water Operations – Vacant Lot locat ed at 167 S. Hayes Avenue & Vacant Lot under 3rd St bridge, 251 S Hayes Ave, Oxnard, CA 93030

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Agreement No. 32500017

iii. Recycled Water Operations – Adv anced Water Purification Facility iv. Wastewater Operations – Wastewater Treatment Plant
v. Environmental Resources – Del Norte Regional Recycling and Transfer Station vi. Environmental Resources – Vacant Dir t Lot on corner of Del Norte and Fifth Street
vii. Oxnard Transit Center
viii. Oxnard Police Department Sturgis Annex

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EXHIBIT B

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC.)

SCHEDULE OF COMPENSATION

LOCATION ADDRESS FREQUENCY SECTIONS* Monthly Cost

1. Water Campus 251 S. Hayes Ave Bi-Weekly**

A B C E H K M

N O P Q R S T
U V
$ 1,520.00

2. Water Division Vacant
Lot 167 S. Hayes Ave On-call/As needed Section I only $ 350.00

3. Water Division Vacant
Lot under 3rd St Bridge 251 S Hayes Ave On-call/As needed Section I only $ 400.00

4. Wastewater Treatment
Plant 6001Perkins Rd Three times per week

A B C D E F H J

K L M N O P Q

R S T U V
$ 4,450.00

5. Advanced Water
Purification Facility
(AWPF)
5700 Perkins Rd Bi-Weekly**

A B C D E F H J

K L M N O P Q

R S T U V
$ 1,390.00

6. Blending Station No. 2 1061 Richmond
Ave Once a month A F H O S T V $ 150.00

7. Blending Station No. 3 1700 Solar Dr Bi-Weekly**

A B C F H K M

N O P Q R S T
U V
$ 530.00

8. Blending Station No. 4 3637 N. Rose
Ave Once a month

A B C F H K M

N O P Q R S T
U V
$ 350.00

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9. Blending Station No. 5 980 E. Pleasant
Valley Rd Bi-Weekly**

A B C F H K M

N O P Q R S T
U V
$ 325.00

10. Oxnard Police Dept.

Sturgis Annex 3001 Sturgis Rd Bi-Weekly**

A B C D E F G

H J K L M N O

P Q R S T U V
$ 490.00

11. Oxnard Transit
Center (OTC) 201 E. Fourth St
Twice per week (one day focused on
litter removal and second day
focused on landscaping, weed
abatement and litter removal). Days
must be coordinated and approved
by Project Manager.

A B C D E F G

H J K L M N O

P Q R S T U V
$ 3,750.00

12. Del Norte Recycling
& Transfer Station
111 Del Norte
Blvd Once a week

A B C D E F G

H J K L M N O

P Q R S T U V
$ 1,980.00

13. Vacant Dirt Lot Del Norte/Fifth
St On-call/As needed Section I only $ 1,950.00

14. Hourly Rate Various On-Call/As needed N, O $ 33 /hr

15. Material mark up Va rious On-Call/As needed N, O 15%

Optional Initial One-time site clean up

16. Water Campus 251 S. Hayes Ave One Time $ 2,085.00

17. Wastewater
Treatment Plant 6001 Perkins Rd One Time $ 4,710.00

18. Oxnard Police Dept.

Sturgis Annex 3001 Sturgis Rd One Time $ 1,050.00

19. Oxnard Transit
Center (OTC) 201 E. Fourth St One Time $ 5,210.00

20. Del Norte Recycling
& Transfer Station
111 Del Norte
Blvd One Time $ 2,085.00

21. Advanced Water
Purification Facility
(AWPF)
5700 Perkins Rd One Time $ 1,050.00

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EXHIBIT C

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSU LTANT/SERVICE PROV IDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the level s listed and in accordance with the other provisions listed in this document.

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

1. Contractor shall obtain and maintain during the performance of any 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 $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Servi ces 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, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.

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.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endo rsements effecting coverage required by this Exhibit INS-D. The certific ates and endorsements for each insurance policy are to be signe d by a person authorized by that insurer to bind coverage on its behalf. Th e certificates and endorsements are to be on the attached forms o r on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences.

City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, co ntact [email protected]

2. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

3. Contractor agrees that the Commercial General Liability and Bu siness Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and co mpleted operations of Contractor; premises ow ned, 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

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Endorsement Form attached to this Exhibit INS-D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endors ements (ISO form CG 2010 11/85 or if not avai lable, CG 2010 with an edition date pri or to 01/04 and CG 2037).

4. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-ins urance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is m ade or suit is brought, except with respect to the limits of the insurer’s liability.

5. 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 pa yment of losses and related investigations, claim administrat ion and defense expenses.

6. 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

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.

INS-D.doc

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Agreement No. 32500017

SAMPLE

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

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

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

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

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
$

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

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

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

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

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

CERTIFICATE HOLDER

CITY OF OXNARD ℅ 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 FA ILURE 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. 32500017

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured t o the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as 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 oth er insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions 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

Rev. 5/24 INS-D.doc

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions 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

Rev. 5/24 INS-D.doc

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EXHIBIT D

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in a ll standard trade services cont racts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreem ent in accordance with the Living Wage Policy, attached hereto and in corporated herein by refer ence as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that su ch employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to co mpensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay su ch fine and penalty wit hin fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreem ent in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such em ployee provides services under this Agreement. This hourly rate shall be adj usted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84= 100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.

b. If SERVICE PROVIDER fails to co mpensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

c. In addition, if SERVICE PROVIDER fa ils to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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EXHIBIT E

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and re gulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copi es of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply wit h and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the pay ment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcont ractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable

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apprenticeship program. Within 60 days a fter concluding the Project, SERVICE PROVIDER and each of its subcontractors sha ll submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Sect ion 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless current ly registered and qualified to perform public work pursuant to Labor Code Sect ion 1725.5. SERVICE PROVIDER shall continue without interruption to stay regi stered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Lab or Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week sh all be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be res ponsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SER VICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statut ory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, in cluding without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified

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Agreement No. 32500017

prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROV IDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agent s from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their offici als, officers, empl oyees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

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Agreement No. 32500017

EXHIBIT F

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC)

IRAN CONTRACTING ACT CERTIFICATION

SEE NEXT PAGE FOR CERTIFCATION FORM

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IR

AN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pu
rsuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): F
ederal ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): F
ederal ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________

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Agreement 32500017 with GreenCoast
Landscapes Inc. for Landscaping Services at
Various City Locations
Public Works and Transportation CommitteeMay 28, 2024City CouncilJune 18, 2024 Tim Beaman
Interim Assistant Public Works Director
625
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.

Recommendation 2
626
FOR CITY COUNCIL:

That the City Council authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.

Recommendation 3
627
The City has several locations that require landscape maintenance services, which are currently contracted out. These services are provided at the following City locations:
● Del Norte Recycling and Transfer Station, 111 Del Norte Blvd ● Oxnard Police Department Sturgis Annex, 3001 Sturgis Road ● Wastewater Treatment Plant, 6001 Perkins Road
● Advance Water Purification Facility, 5700 Perkins Road ● Blending Station No. 3, 1700 Solar Drive
● Water Campus, 251 S. Hayes Avenue
● Oxnard Transit Center, 201 East 4th Street
BACKGROUND 4
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● Current landscape maintenance services agreement will expire on June 30, 2024
● Contracting out these locations provides benefits to the City such as providing professional expertise on landscapes and eliminating the need to purchase equipment for these services BACKGROUND 5
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Del Norte Recycling and Transfer Station
BACKGROUND 6
Wastewater Treatment Plant
630
BACKGROUND 7
Oxnard Transit Center
Water Campus
631
● March 20, 2024: City released Request for Bid (RFB) No. PW 24-95 for Landscaping Services at Various Locations with bids due on April 11, 2024. The City received five responsive bids.
• Garcia's Landscaping
• GreenCoast Landscapes Inc.
• JAS Landscape
• Mariposa Landscape
• SGD Enterprises dba Four Seasons
● GreenCoast Landscapes Inc. (GreenCoast) was selected as the lowest, responsive bid
● GreenCoast meets 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 this vendor is capable of satisfactorily meeting the needs of the City.

DISCUSSION 8
632
• GreenCoast will provide routine landscape maintenance services to the seven locations listed above at different frequencies based on the needs of the facility
• As needed and directed by the City, GreenCoast will also provide additional landscaping services to ensure facilities are properly maintained
• These services include but are not limited to additional landscaping clean-up and removal, replacement of existing plantings and modifications to planting beds.
• These additional services will be utilized only as funding is available and the City deems it in the best interest of that location to ensure appearance and public access are maintained.

DISCUSSION 9
633
• T otal amount of this Agreement with GreenCoast Landscapes Inc. shall not exceed $1,200,000 over the entire term of five years if fully extended
• Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds
receiving these services for the City Council’s consideration • Subsequent year allocations for the remainder agreement value will be requested during the annual budget process
FINANCIAL IMPACT 10
634
QUESTIONS?
11 635

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.7

DATE: June 18, 2024

TO: City Council

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

SUBJECT: Second Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Carts and Parts. (10 minutes)

RECOMMENDATION

(Public Works and Transportation Committee approved 3-0 on May 28, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/kodoE0_s4ts

BACKGROUND

In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organics) to approximately 34,000 residential customers in the City of Oxnard (City), the Environmental Resources Division (ER) must maintain a sufficient inventory of carts, lids and parts. Since 2011, the ER has standardized the use of Toter-manufactured for residential carts.

In lieu of issuing a formal request for bid, staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance program that enables government agencies to simplify and accelerate their procurement processes through competitive, pre-negotiated contracts. The City acquired new residential carts and parts through Sourcewell contract #041521-TOT.

On November 16, 2021, the City Council approved Agreement A-8368 with Toter in the amount not to exceed $750,000 for a three-year term ending December 31, 2024 for the purchase of residential carts and parts. On June 29, 2023, the City Council approved a First Amendment to Agreement No. A-8368 for a new total not to exceed $1,525,000 and to extend the term ending from December 31, 2024, to May 28, 2025.

Below is a history of Agreement A-8368 and the amendments:

Table 1

AGREEMENT A-8368 COUNCIL DATE CUMULATIVE AMOUNT TERM DATE 636
Original Agreement November 16, 2021 $750,000 December 31, 2024 First Amendment June 29, 2023 $1,525,000 May 28, 2025
Second Amendment* June 18, 2024 $2,085,000 May 28, 2025 *Pending City Council action

DISCUSSION

The ER Division is responsible for the maintenance and repairs of approximately 102,000 residential carts. These carts are being replaced or repaired due to normal wear and tear. This Second Amendment allows the Environmental Resources Division to continue to fulfill customer work orders for the replacement and repairs of carts and lids.

Unrepairable carts and lids are recycled and sold for scrap value.

It should be noted, Toter, LLC warrants its wheeled carts for normal and intended use and service against operational failure caused by proven defective material or workmanship as follows: for the Rotomolded Container Body (refuse, recycle and organic carts) the warranty period is twelve (12) years from the date of original purchase; and ten (10) years from the date of purchase for all other standard components (wheels, bars, lid straps, etc). Toter's warranty equally covers Toter Containers molded of either virgin resign or recycled content plastic materials. ER staff documents, takes photos, and submits Toter warranty items on a quarterly basis. Labor and installation are specifically excluded from this warranty.

Toter, LLC meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.

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 cost of this Second Amendment to Agreement No. A-8368 with Toter is $560,000 for a total new agreement value of $2,085,000. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631 (6313632-52400) for the City Council’s consideration.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on May 28, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager

ATTACHMENTS

1. A-8368 Second Amendment

2. A-8368 Toter Original Agreement and First Amendment

3. Presentation

637

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) Agreement No. A-8368

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT

This Second Amendment (“Second Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Toter, LLC (“Vendor”). This Second Amendment amends the Agreement entered into on November 16, 2021, by City and Vendor. The Agreement previously has been amended on June 29, 2023, by a First Amendment.

City and Vendor agree as follows:

1. The amount in Section 6 of the Agreement is hereby amended to “$2,085,000.”

2. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
638
Agreement No. A-8263

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD TOTER, LLC

☐John C. Zaragoza, Mayor1 Date Laura P Hubbard, Date ☐Jennifer Yates, Purchasing Agent 2 Director of Municipal Sales

Brittani Whitman , 3 Date
Vice President, Finance
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. 639
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SECOND AMENDMENT TO AGREEMENT
A-8368 WITH TOTER, LLC FOR

REPLENISHMENT OF CURBSIDE CARTS AND
PARTS
Public Works and Transportation Committee, May 28, 2024 City Council, June 18, 2024
Eric Zetz
Environmental Resources Division Manager
686
Recommendation
2 FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement No.

A-8368 with T oter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.
687
Recommendation
3 FOR CITY COUNCIL:

That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement No. A-8368 with T oter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.
688
Background
4 ● In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organic) to
approximately 34,000 residential customers the
Environmental Resources Division (ER) must maintain a
sufficient inventory of carts, lids and parts
● On November 16, 2021 Council approved Agreement
A-8368 with T oter, LLC for the purchase of residential carts and parts
● On June 29, 2023 Council approved a First Amendment for a new total not to exceed $1,525,000 extending term from
December 31, 2024 to May 28, 2025.
689
Background
5 ● Staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance for new
residential containers and parts through contract
#041521-TOT
● T oter, LLC meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State
690
Discussion
6 ● ER Division is responsible for the maintenance and repairs of approximately 102,000 residential containers
● T oter warrants its wheeled carts (refuse, recycle and organics) for normal and intended use and service against operational failure
○ 12 years for carts
○ 10 years for all other standard components (Wheels, bars, lid straps, etc.)
○ Staff reconciles T oter warranty items on a quarterly basis 691
Discussion
7 ● Below is the history of Agreement A-8368 and the
amendments:

AGREEMENT
A-8368

COUNCIL DATE CUMULATIVE
AMOUNT

TERM DATE
Original Agreement November 16, 2021 $750,000 December 31, 2024 First Amendment June 29, 2023 $1,525,000 May 28, 2025
Second Amendment* June 18, 2024 $2,085,000 May 28, 2025 *Pending City Council action
692

FINANCIAL IMPACT
8 ● Cost for this Second Amendment with T oter is $560,000 with a total not to exceed $2,085,000
● Agreement No. A-8368 with T oter is $560,000 for a total new agreement value of $2,085,000
● Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the
Environmental Resources Fund 631 for the City Council’s consideration
693
Questions?
694

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.8

DATE: June 18, 2024

TO: City Council

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

SUBJECT: Agreement 32500013 with Conico Toro, Inc. dba MacValley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze. (10 minutes)

RECOMMENDATION

That the City Council:

1. Approve and authorize the Mayor to execute Agreement 32500013 with Conico Toro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, for the purchase and delivery of lubricants and antifreeze to various City locations.

(Public Works and Transportation Committee approved 3-0 on May 28, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Fhtf40lRzkM

BACKGROUND

The City Public Works Divisions maintain an array of machinery, vehicles and equipment onsite at Fleet Services, Wastewater, and Environmental Resources. City Divisions have utilized a vendor for the delivery of oil, greases (lubricants), and antifreeze for more than 23 years. Lubricants and antifreeze are delivered to the following City locations:

1. Environmental Resources, 111 S. Del Norte Boulevard

2. Fleet Services Shops, 1060 Pacific Ave and 111 S. Del Norte Boulevard

3. Wastewater Treatment Plant, 6001 Perkins Road

In addition, diesel exhaust fluid (DEF) will be delivered to the following fire station locations:

1. Station 1, 491 S. K Street

2. Station 8, 3000 S. Rose Avenue

DISCUSSION

On March 5, 2024, the City solicited Request for Bid (RFB) PW24-89 for the purchase and delivery of bulk lubricants and antifreeze to various City sites to support and maintain machinery, equipment, and vehicles under their responsibility.

The RFB closed on April 4, 2024. The City received only one responsive bid, Conico Toro, Inc. dba Mac Valley Oil Company. Upon review by City staff, it was determined that the bid was reasonable compared to prior contract costs. City 695
Purchasing Policy allows the City to enter into a negotiated contract when only one bid is received. MacValley Oil Company has been the City’s contracted supplier of lubricants and antifreeze for the past five years.

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 total amount of this Agreement with Conico Toro, Inc. dba MacValley Oil Company shall not exceed $1,540,000 over the entire term of five years if fully extended. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds receiving these services for the City Council’s consideration. Subsequent year allocations for the remainder agreement value will be requested during the annual budget process.

ESTIMATED SPENDING PLAN

Division
Account
Number FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 Total
Environmental
Resources
6313636
-54090 $50,000 $55,000 $55,000 $60,000 $60,000 $280,000 Wastewater -
Treatment
6113614
-52400 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Wastewater -
Operations
6113615
-52400 $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Fleet Services 7413750
-55040 $170,000 $180,000 $180,000 $190,000 $190,000 $910,000 Total $290,000 $305,000 $305,000 $320,000 $320,000 $1,540,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on May 28, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. Agreement 32500013

2. Presentation

696

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND
CONICO TORO, INC. DBA MAC VALLEY OIL COMPANY
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Conico Toro, Inc. dba Mac Valley Oil Company (“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. SUM
MARY DESCRIPTION OF SERVICES. This agreement is for the purchase and Delivery of bulk lubricants and antifreeze

2. PA
RTIES.

CI
TY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Conic
o Toro, Inc. dba Mac Valley Oil Company (“SERVICE PROVIDER”), a corporation of the State of California, located at 100 Del Norte Blvd. Oxnard, CA 93030

3. TER
M OF AGREEMENT: From: July 1, 2024 To: June 30, 2025

3.1 Time is of the essence in this Agreement.

3.2 T
he 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 A
ny 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 t he 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 receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

3.4 A
ll services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

Agreement No. 32500013

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4. AG
REEMENT AMOUNT NOT TO EXCEED: $1,540,000.

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, SERVIC E PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Jose Arreola Name: Israel Gomez-Vera
Title: Fleet Services Manager Title: Sales Manager Phone: 805-385-8011 Phone: 805-485-6900 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave., Oxnard, CA 93030

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.

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.

Agreement No. 32500013

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7.4 S
ERVICE 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.

10. PAYMENT & INVOICES.

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 Agreement No. 32500013

Page 3 of 35 ends

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thos
e 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 pr ovided 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.

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.

Agreement No. 32500013

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CI
TY 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, a s 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 PROVI DER 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.

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.

Agreement No. 32500013

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16. SA
FETY 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 saf ety 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 SERVIC E 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 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, discoveri es, 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 Agreement No. 32500013

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th
at 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 per form 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.

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.

Agreement No. 32500013

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19. NOT
ICE 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 PRO VIDER’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.

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 l aw, 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 Agreement No. 32500013

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PR
OVIDER’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 alternati ve 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 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 al l other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the Agreement No. 32500013

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amo
unt 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.

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 Agreement No. 32500013

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evadi
ng 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

S
ERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interes t, 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 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 Agreement No. 32500013

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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 thi s 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 mee ting 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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suc
h 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 wit h 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.

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 Agreement No. 32500013

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modif
ied, 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.

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.

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.

Agreement No. 32500013

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43. AC
KNOWLEDGEMENT.

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]

Agreement No. 32500013

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In w
itness 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 CONICO TORO, INC. DBA

MAC VALLEY OIL COMPANY

☐John C. Zaragoza, Mayor1 Date Peter Hong, President Date ☐Jennifer Yates, 2
Purchasing Manager

Chris Do, Controller3 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.

Agreement No. 32500013

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HIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)

SCOPE OF SERVICES

CITY PROJECT MANAGER FOR THIS AGREEMENT: Jose Arreola,
[email protected], 805-385-801
1 Service Provider will provide all referenced bulk lubricant types and antifreeze for the City's current and future tanks. The City shall not be penalized for purchasing more or less than the estimated quantities listed. Fluids shall be ordered and delivered, if delivery is not regularly scheduled, on an "as -needed" basis by means of a phone call to the Contractor. Maximum response time for such delivery shall be 24 hours (not three 8-hour business days) or the next business day. Please contact City staff for a list of City - observed holidays when facilities are closed.

Deliveries shall be made by owned or contract motor carriers. Carriage vehicles shall be fully equipped. It is the responsibility of the Service Provider to supply pumps, hoses, or whatever is needed to appropriately pump the lubricants and antifreeze being delivered. Hoses and all coupler fittings shall be tight when in use. Products that leak from hoses or coupler connections shall be cleaned up and removed by the Service Provider, including products in spill containers.

The annual volumes indicated below are estimates only. The City shall not be penalized for purchasing more or less than the projected volume listed. The City reserves the right to add or delete delivery sites and products as needed during the course of the contract.

Environmental Resources, 111 Del Norte Blvd., Oxnard, CA 93030:

Fluid
Estimated Usage Every
Three Months Equipment
1000 THF Hydraulic Fluid 100 gallons Various
15W40 Engine Oil 100 gallons Various
Red Dye Grease (brand
specific) ¼drum Yellow and Green Iron
Machinery
Red Antifreeze 100% 10 gallons in one -gallon
containers Yellow Iron
Green Antifreeze 100% 10 gallons in one-gallon
containers Forklifts
Chevron 220 Gear Oil
(brand specific)
One (1) 5-gallon bucket
(estimated annual usage)
MRF (Materials Recovery
Facility) Processing
Machinery Gear
Motors
Agreement No. 32500013

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Fl
eet Services Mechanic Shops at Corporate Yard (1060 Pacific Ave., Bays 2, 6, 8, 15, 18) and Del Norte Shop (111 Del Norte Blvd.), Oxnard, CA 93030:

Fire Station 1 at 491 South K Street, Oxnard, CA:

Fire Station 8 at 3000 South Rose Ave., Oxnard, CA:

Wastewater Treatment Plant at 6001 Perkins Road, Oxnard, CA 93033:

Fluid Type Unit of
Measure
Projected
Annual Volume
Peak Windshield Washer
Fluid
Washer fluid gallons 600 gallons
BioHydran Oil AW32 Bio Hydraulic fluid gallons 2000 gallons Mobil Delvac Synthetic
ATF
Transmission fluid
(must be Allison approved) gallons 330 gallons
Total Trans MDL NA
85W140 GL5
Manual Transmission
fluid/gear oil gallons 50 gallons
Rubia Gas 9M 15W40 Engine oil gallons 1500 gallons
P66 Guardol ECT
15W40
Engine Oil (Synthetic
Blend)
gallons 600 gallons
0W20 Dexos 1 API SP Engine Oil (Full Synthetic) gallons 200 gallons 5W20 API SP GF-6 Engine Oil (Full Synthetic) gallons 500 gallons 5W30 Dexos API SP Engine Oil (Full Synthetic) gallons 300 gallons HD 85W140 EP-5 Differential gear oil 5 gallon pail 100 gallons Multis Complex EP2 Grease 35 lb. pails 1 pail
Multis Complex EP2 Grease 120 lb keg 3 kegs
Multis Complex EP2 Grease 400 lb drum 4 drums
Chevron Delo ELC Extended Life Red
Coolant
gallons 605 gallons
Chevron Delo ELC Green Coolant gallons 200 gallons
Fluid Unit of Measure Projected Annual
Volume
Diesel Exhaust Fluid 55 gallon drum 6 drums or 330 gallons Fluid Unit of Measure Projected Annual
Volume
Diesel Exhaust Fluid 55 gallon drum 4 drums or 220
gallons
Fluid Estimated Annual Usage Equipment
Oil-Pegasus 805* 3,000 gallons Enginators
Oil – Shell Rotella T6 SW40* 10 gallons Enginators
Oil – Pegasus 701* 220 gallons Cat Engines
Oil- 410 NC* 110 gallons EMO Generators
Agreement No. 32500013

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*
Mobil brand oils or equal

Product Requirements:
• All fluids require specified branded products as indicated or city-approved equivalents. Please provide product data sheets for all fluids listed upon request. Service Provider must furnish, at their own expense, all information necessary as required by the City.
• Service Provider must label all bulk containers and make sure they are accurate and legible at all times.
• Service Provider shall supply oil sampling kits as needed. • Red Dye grease and Chevron 220 gear oil (or equal) shall be delivered to Environmental Services.
• Synthetic transmission fluid for Fleet Services shops is to be Allison- approved.
• Mobil brand oils (or equal) shall be accepted by the Wastewater Treatment Plant.

Delivery Contacts:

• Environmental Resources: Abel Delgadillo
• Fleet Services' Corporate Yard: John Dunn
Del Norte Shop: Tony Lopez
• Wastewater Treatment Plant: Frank Campos
• Fire Stations 1 & 8: Aaron Baker

Delivery Requirements:

• Service Provider shall visit the Fleet Services' Corporate Yard every other week to ascertain lubricant needs and schedule lubricant delivery accordingly in order to maintain tanks at least half full at all times. • Delivery slips for Corporate Yard deliveries shall specify bay numbers and corresponding fluids delivered.
• All other City locations shall have lubricants and antifreeze ordered and delivered on an "as-needed" basis by means of a phone call or e-mail to the contractor. Maximum response time for such delivery shall be 24 hours (not Oil – Delvac 1 ESP* 110 gallons Vehicles
Oil – Delvac 1300 Super* 165 gallons Vehicles
Oil- DTE 25* 550 gallons Various Equipment
Oil- BB* 110 gallons Angle Drives
Oil – Rarus 427* 55 gallons Air Compressors
Oil- Valvoline Non Detergent
SAE 30 ISO 100* 15 gallons Air Compressors
Oil – DTE Extra Heavy* 55 gallons Gear Reducers
Oil – Gear Oil 634* 10 gallons Gear Reducers/Hypoid
Gears
Oil – DTE Light* 55 gallons Bearing Boxes
Agreement No. 32500013

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three 8
-hour business days) or the next business day. Please contact City staff regarding City- observ
ed holidays when facilities are closed.
• Fl
uids shall be delivered in bulk (no drums) unless otherwise stated. • Contractor shall top off tanks when delivering fluids regardless of quantity ordered.

Billing:

• Payment shall be made for quantities actually delivered and accepted, whether greater or less than ordered amounts.
• Contractor shall leave signed delivery slips with City staff or, in the absence of City staff, at an agreed-upon location.
• Invoices shall detail the date, time, location of delivery, type of fluid, number of lbs./gallons/drums delivered, unit price, and all taxes, fees, and surcharges. For Corporate Yard deliveries, please add bay number(s) and corresponding fluid type(s) delivered.
• The invoice shall be an email attachment in a format recognizable by the City's computer system, e.g., PDF.
• In order for timely invoice payment, invoices shall be received no later than five business days after delivery.
• Invoice payment shall be due net 30 days from the date of the invoice. • Billing contact information: Invoices shall be sent to:

Environmental Resources:

Lucy Hernandez @ [email protected]

Fleet Services Shops (Corporate Yard & Del Norte locations), Fire Station 1 & 8:

Rosanna Hernandez @ [email protected]

Wastewater Treatment Plant:

Maria.Perez @ [email protected]
Agreement No. 32500013

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XHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. Mac Valley Oil Company)

SCHEDULE OF COMPENSATION

Environmental Resources 111 S. Del Norte Blvd.

Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total
Cost
1000 THF Hydraulic
Fluid
$13.59 gallon $0.00 $0.00 $13.59
15W40 Engine Oil $14.75 gallon $0.24 $0.04 $15.03

Red Dye Grease
(brand specific)
$1,584 400lb
drum
$0.00 $0.00 $1,584
Red Antifreeze 100% $13.99 gallon $0.00 $0.00 $13.99
Green Antifreeze
100%
$23.39 gallon $0.00 $0.00 $23.99
Chevron 220 Gear
Oil (brand specific)
$4.49 lb. $0.032 $0.00 $4.522

Fleet Services Shops at 1060 Pacific Ave and 111 S. Del Norte Blvd.

Fluid Cost
Per Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total
Cost
Windshield Washer
Fluid
$3.65 gallon $0.00 $0.00 $3.65
Bio Hydraulic Fluid
AW32
$25.75 gallon $0.00 $0.00 $25.75
Mobil Delvac
Synthetic ATF
Transmission Fluid
(must be Allison
approved
$23.99 gallon $0.24 $0.00 $24.23
Manual Transmission
Fluid/Gear Oil
85W140
$38.59 gallon $0.24 $0.00 $38.83
Engine Oil 15W40
Rubia Gas 9M1540
$18.69 gallon $0.24 $0.04 $18.97
Engine Oil (Synthetic
Blend) 15W40
$17.99 gallon $0.24 $0.04 $18.27
Agreement No. 32500013

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717
Engine Oil (Synthetic
Blend) 0W20
$16.75 gallon $0.24 $0.04 $17.03
Engine Oil (Full
Synthetic) 5W20
$12.59 gallon $0.24 $0.04 $12.87
Engine Oil (Full
Synthetic) 5W30
$14.59 gallon $0.24 $0.04 $14.87
Differential Gear Oil
HD 85W140 EP-5
$38.65 5 gallon
pail
$1.20 $0.20 $40.05
EP2 Grease $137.99 35lb pail $0.00 $0.00 $137.99
EP2 Grease $439.99 110 lb.
keg
$0.00 $0.00 $439.99
EP2 Grease $1,584 400lb
drum
$0.00 $0.00 $1,584
Extended Life Red
Coolant
$10.85 gallon $0.00 $0.00 $10.85
Green Coolant $10.85 gallon $0.00 $0.00 $10.85
Oil Sampling Kits Included with the contract (limit 50 per year) $0.00

Wastewater Treatment Plant 6001 Perkins Road
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total
Cost
Oil – Pegasus 805*
Total Nateria MH40
$22.39 gallon $0.24 $0.04 $22.67
Oil – Shell Rotella
T6 5W40* Total
Rubia 1500 5W40
$31.69 gallon $0.24 $0.04 $31.97
Oil – Pegasus 701*
Total Nateria MP40
$22.39 gallon $0.24 $0.04 $22.67
Oil – 410NC* Total
Rubia G6 SAE 40
$21.99 gallon $0.24 $0.04 $22.27
Oil – Delvac 1 ESP*
Total Rubia Opt
1500 5W40 Syn
$25.45 gallon $0.24 $0.04 $25.73
Oil – Delvac 1300
Super* Total Rubia
Optima 15W40 CK-4
$20.15 gallon $0.24 $0.04 $20.43
Oil – DTE 25* Total
Azolla ZS 46AW Hyd
$14.15 gallon $0.24 $0.04 $14.87
Oil – BB* Total
Cirkan R&O 220
$19.59 gallon $0.00 $0.00 $19.59
Oil – Rarus 427* $19.59 gallon $0.00 $0.00 $19.59
Oil – Valvoline Non
Detergent SAE30
ISO 100*
$49.99 gallon $0.00 $0.00 $49.99
Agreement No. 32500013

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718
Oil - DTE Extra
Heavy* Total Cirkan
R&O 150
$20.39 gallon $0.00 $0.00 $20.39
Oil – Gear Oil 634*
Total Carter EP 460
GO
$23.69 gallon $0.00 $0.00 $23.69
Oil – DTE Light* $18.29 gallon $0.00 $0.00 $19.29
*Mobil Brand Oils or Equal

Fire Station # 1 491 S. K Street
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total Cost
Diesel
Exhaust
Fluid
$264.99 55 gallon
drum
$0.00 $0.00 $264.99

Fire Station # 8 3000 S Rose Ave
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total Cost
Diesel
Exhaust
Fluid
$264.99 55 gallon
drum
$0.00 $0.00 $264.99

Agreement No. 32500013

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719
EX

HIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

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

c. 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. Vendor 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 -I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approve d 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 you r request or are having difficulty with electronic upload, contact [email protected]

3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance p o licies shall
be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. 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-I 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).

Agreement No. 32500013

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720

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

4/24

Agreement No. 32500013

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721

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 commercial general liability and business 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.

INS-I.doc

Agreement No. 32500013

Page 26 of 35 ends

722
SAMPL

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

PRODUCER

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT IFICATE 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

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

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

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 $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER

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 TH
EREOF, 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

Agreement No. 32500013

Page 27 of 35 ends

723

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to t he 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.

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

Rev. 4/24 INS-I.doc
Agreement No. 32500013

Page 28 of 35 ends

724

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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:

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

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

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
Agreement No. 32500013

Page 29 of 35 ends

725
Rev. 4/24

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade servi ces contracts governed by the Living Wage Policy.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

Agreement No. 32500013

Page 30 of 35 ends

726

CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

Agreement No. 32500013

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727

HIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the am ount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days after concluding the Project, SERVICE PROVIDER and each of its Agreement No. 32500013

Page 32 of 35 ends

728
subc
ontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PRO VIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic rev iew of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

Agreement No. 32500013

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729

13. To
the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for dam ages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

Agreement No. 32500013

Page 34 of 35 ends

730
IR

Company Name/Financial Institution (printed): F
ederal ID Number (or n/a):

Page 35 of 35 ends

731
Approve Agreement 32500013 with Conico T oro,
Inc. dba MacValley Oil Company for Purchase and
Delivery of Bulk Lubricants and Antifreeze
Public Works and Transportation CommitteeMay 28, 2024City CouncilJune 18, 2024 Jose Arreola
Fleet Services Division Manager
732
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32500013 with Conico T oro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029 for the purchase and delivery of lubricants and antifreeze to various City locations.

Recommendation 2
733
FOR CITY COUNCIL:

That the City Council approve and authorize the Mayor to execute Agreement 32500013 with Conico T oro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029 for the purchase and delivery of lubricants and antifreeze to various City locations.

Recommendation 3
734
● The City Public Works Divisions maintain an array of machinery, vehicles and equipment onsite at Fleet Services, Wastewater, and Environmental Resources
● City Divisions have utilized a vendor for the delivery of oil, greases (lubricants) and antifreeze for more than 23 years ● Lubricants and antifreeze are delivered to the following City locations:
• Environmental Resources, 111 Del Norte Boulevard
• Fleet Services Shops, 1060 Pacific Ave and 111 Del Norte Boulevard
• Wastewater Treatment Plant, 6001 Perkins Road
BACKGROUND 4
735
● In addition, diesel exhaust fluid (DEF) will be delivered to the following Fire Station locations:
• Station 1, 491 S. K Street
• Station 8, 3000 S. Rose Avenue
BACKGROUND 5
736
• On March 5, 2024 the City solicited Request for Bid (RFB) PW24-89 for the purchase and delivery of bulk lubricants and antifreeze to various City sites to support and maintain machinery, equipment and vehicles under their responsibility • The RFB closed on April 4, 2024
• The City received only one responsive bid, Conico T oro, Inc. dba Mac Valley Oil Company
• Upon review by City staff, it was determined that the bid was reasonable compared to prior contract costs.

DISCUSSION 6
737
• City Purchasing Policy allows for the City to enter into a negotiated contract when only one bid is received
• MacValley Oil Company has been the City’s contracted supplier of lubricants and antifreeze for the past five years
DISCUSSION 7
738
• T otal amount of this Agreement with Conico T oro, Inc. dba MacValley Oil Company shall not exceed $1,540,000 over the entire term of five years if fully extended
• Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds
receiving these services for the City Council’s consideration • Subsequent year allocations for the remainder agreement value will be requested during the annual budget process
FINANCIAL IMPACT 8
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QUESTIONS?
9 740

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.9

DATE: June 18, 2024

TO: City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark)

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: 9212 Report Regarding the following initiative measures: "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes," "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark)," and "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)." (15 minutes)

RECOMMENDATION

That the City Council receive an Election Code Section 9212 report prepared by Russ Branson regarding the following initiatives certified by the City Clerk as sufficient: "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes," "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark)," and "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)."

BACKGROUND

The City Clerk has certified as sufficient the petitions for the three initiatives listed in the subject of this report. Pursuant to Elections Code Section 9215, on May 21, 2024, the Oxnard City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark), ordered a report pursuant to Elections Code Section 9212 ("9212 Report") to address various impacts or effects of the initiatives. The 9212 Report must be presented to the City Council by no later than June

20. Given that the next regular meeting of the City Council is on June 27, the City Council must consider the 9212 Report at its regular meeting on June 18.

At the June 18 City Council meeting, Russ Branson of Russ Branson Consulting will make a presentation regarding the 9212 Report.

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 cost to prepare the 9212 Report is $10,000.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Kenneth Rozell, Chief Assistant City Attorney, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS
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1. RiverPark CFD No. 5 9212 Report

2. RiverPark CFD No. 5 9212 Report Presentation

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Independent Analysis

Date: June 18, 2024

City of Oxnard
RiverPark CFD No. 5
Initiative Impact
Review
Independent Analysis
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

TABLE OF CONTENTS
Background ................................................................................................................................................... 3 Purpose of the Report ............................................................................................................................... 3 RiverPark CFD ................................................................................................................................................ 4 CFD Boundaries ......................................................................................................................................... 4 Authorized Services .................................................................................................................................. 5 Formation of the CFD ................................................................................................................................ 5 Special Taxes ............................................................................................................................................. 5 Maximum Taxes .................................................................................................................................... 6 Annual Tax Escalation ........................................................................................................................... 6 Special Tax Levy..................................................................................................................................... 8 Draft FY25 CFD Budget .............................................................................................................................. 9 RiverPark CFD No. 5 & City Finances........................................................................................................... 10 Park and Open Space Funding ................................................................................................................ 10 Service Frequency ............................................................................................................................... 11 General Fund Balance ............................................................................................................................. 12 Competing expenses ............................................................................................................................... 13 Proposed cFD Initiatives.............................................................................................................................. 15 RiverPark CFD Tax Reduction ...................................................................................................................... 16 fiscal impact of initiative ......................................................................................................................... 16 Impact on RiverPark Residents and Businesses ...................................................................................... 17 City ability to maintain services .............................................................................................................. 18 RiverPark CFD Special tax Limitations ......................................................................................................... 19 fiscal impact of initiative ......................................................................................................................... 19 Impact on RiverPark CFD Taxpayers ....................................................................................................... 21 City ability to maintain services .............................................................................................................. 21 RiverPark CFD Repeal .................................................................................................................................. 22 Impact on RiverPark CFD Taxpayers ....................................................................................................... 22 City ability to maintain services .............................................................................................................. 22 Summary Findings ....................................................................................................................................... 23 Appendices .................................................................................................................................................. 24 Appendix A—Lower Tax Initiative ......................................................................................................... 25 744

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis Appendix B—Limited Funding Initiative ................................................................................................ 30 Appendix C—Eliminate CFD Initiative ................................................................................................... 35

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

BACKGROUND

PURPOSE OF THE REPORT
The purpose of this report is to address the Council’s request for a review of impacts on three initiatives put forward to the voters within the RiverPark Community Facilities District (CFD) that will reduce or potentially eliminate the maximum special taxes as laid out in the current Tax Rate Formula for the CFD adopted in 2005. For ease of reference, the longer titles provided by the City Attorney are shortened to the following titles throughout this document:

1. Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark)—"RiverPark CFD Tax Reduction”

2. Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)—RiverPark CFD Special tax Limitations”

3. Repeal of Community Facilities No. 5 (River Park) Special Taxes —"RiverPark CFD Repeal”
When used, these shortened titles encompass the longer titles provided at the beginning of this chapter.

The review process was conducted independently and reflects the analysis of Russ Branson Consulting (RBC). City staff was consulted and interviewed to both understand the City’s current operations and to ensure that the report has no factual errors as it describes the City’s current use of the CFD funds and funding available for general park maintenance. Analysis and conclusions reached on each initiative is the sole opinion of the reviewer. No effort is made to pass judgement on any of the initiatives—good or bad—or to in any way sway future voters to choose a direction to vote on these initiatives. The review is meant to provide an unbiased analysis of the potential, and likely, impact of these initiatives if passed by the voters.

What is not considered in this report is the potential fiscal or staff impact of legal challenges to the initiatives. There is a good deal of vague language, especially in the “RiverPark CFD Special Tax Limitations” initiative, that may be challenged in court

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

RIVERPARK CFD
The City of Oxnard (the “City”) established Community Facilities District No. 5 (RiverPark) (the “CFD”) in 2005 to pay for the cost and expense of providing public services to the CFD, including park and landscaping maintenance, storm water maintenance, security services, and other authorized services. The RiverPark CFD was formed as an approval requirement of the RiverPark Specific Plan. The residents and businesses in the CFD enjoy higher-than-normal park and landscaping amenities. Revenue from CFD No. 5 was needed to ensure long-term funding of maintenance without having to compete with other City resources. This was required for approval of the Specific Plan. The CFD has provided consistent maintenance services regardless of the City’s overall financial condition.

CFD BOUNDARIES
RiverPark CFD No. 5 is north of State Route 101 in the northwestern area of the City. The map below shows the boundaries of CFD No. 5. Only parcels within the boundary are subject to the special tax levy. 747

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

AUTHORIZED SERVICES
The City can only use special taxes collected from CFD No. 5 for authorized services. Authorized services are those specified in the RiverPark CFD formation documents. These services include the following:

▪ Maintenance of parks, parkways, and open space.
▪ Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities.
▪ Flood and storm protection services.
▪ Costs incurred in establishing the CFD and creating the levy of the special tax, financial advisor fees and expenses, appraisal and price point study costs, maintenance reserves, and CFD counsel fees and expenses.
▪ Ongoing administrative fees of the CFD, the City and any trustee, fiscal agent or financial administrator related to the CFD.
▪ Reimbursement of costs related to the formation of the CFD advanced by the City, any landowner in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, any landowner in the CFD or any party related to any of the foregoing, for services, fees or other purposes or costs of the CFD. ▪ Police protection services.
▪ Fire protection and suppression services.
▪ Ambulance and paramedic services.
▪ Local park, recreation, parkway, and open-space facilities.

Services on the list are not necessarily funded each year; however, services not on this list cannot be funded with special tax collections.

FORMATION OF THE CFD
The CFD was formed prior to development of housing and commercial development in the RiverPark Specific Plan. Formation of the CFD required a two-thirds approval of authorized voters in the CFD at the time of formation. The formation of the CFD sets the boundaries of the CFD, the maximum special tax, and the list of authorized services. Taxes are levied based on the directions provided in the Rate and Method of Special Tax Levy (the “Tax Formula”). This document is central to the CFD and defines what Maximum Special Taxes are each year and how they may be levied on any given property. The CFD operates wholly within the bounds of the CFD formation documents.

State law requires specific disclosure of the CFD at purchase of a home or commercial property. This disclosure ensures that the special tax is taken into account as a buyer considers the overall value of the property being purchased. Property buyers decide if the CFD adds value to the property within the CFD boundaries. The inclusion of the disclosure allows homeowners to make their own assessment of value before purchasing a property.

SPECIAL TAXES
CFD No. 5’s maximum special taxes were set at the formation of the CFD. The special taxes vary by home size and land use type (e.g., multi-family, non-residential). Additionally, the maximum special 748

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis taxes are subject to annual escalation; therefore, change over time. Following is a description of Maximum Special Taxes.

Maximum Taxes
The maximum special tax was set at the formation of the CFD as show in the table below. The Maximum Special Tax is the most that can be charged to a land use in each of the following designations. The actual tax levy may be, and has generally been, lower than the maximum for CFD No.

5. Annual Tax Escalation
The Maximum Special Tax is subject to an annual escalation based on the Tax Formula. The formula sets a minimum and maximum annual escalation rate based on the Consumer Price Index (CPI). The Max Taxes will always escalate at least two percent per year. If CPI is higher than two percent, the max tax

Source: FY23-24 Annual Report for CFD No. 5
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis will escalate by the CPI until the CPI exceeds five percent, at which point the CFD is capped at five percent. The graph below shows the interplay between CPI and Max Tax escalation for CFD No. 5 since inception.

The CFD escalation is always in the grey band. CPI was low between 2007 and 2014, and the Max Tax increased at 2 percent year. In 2021, when the CPI was greater than 6.5 percent, the Max Tax escalation was five percent.

Source: FY23-24 Annual Report for CFD No. 5
Min Increase
Max Increase
CPI
0%
1%
2%
3%
4%
5%
6%
7%
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
CPI Versus Min and Max
Special Tax Increase
FY06 to FY23
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis The table below shows the escalated Maximum Special Taxes in FY24. This table also provides the number of parcels and total special tax levied by parcel in FY25, and total collection for the fiscal year.

Special Tax Levy
The annual special tax levy is based expected annual costs for the coming year and then spread pro rata to all land uses in the CFD. The table below shows the FY24 Maximum Special Tax, applied tax rate, and total special taxes levied by property type.

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis The total tax levied is impacted not only by expected costs for the year but also by funds that were previously collected. For FY24, a levy credit of $721,765 reduced the special tax levy for this year. Future credits are unlikely, as the City has been reducing excess tax collections through the credits for the past few years.

CFD Expenses Used to Set
FY24 Special Tax Rates

DRAFT FY25 CFD BUDGET
The draft FY25 budget for RiverPark CFD No. 5 is $4.3
Million. This is an 8.7% increase in the maintenance
expenses of the CFD over FY24 (excluding the levy
credit). A large part of that increase is due to a
community request to increase police patrol using
overtime hours.

The current estimate is that the City will need to collect the full $4.3 million in FY25 to perform all CFD No. 5
maintenance and services.

Riverpark CFD No. 5
FY25 Budgeted Expenses
Category FY25 Expense
Labor $1,186,143
Professional Services $2,082,000
Park Patrol $312,000
Utilities $532,000
Miscellaneous $32,800
City Charges $89,347
Equipment & Supplies $101,000
Total $4,335,290
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis RIVERPARK CFD NO. 5 & CITY FINANCES
The question at the heart of this analysis, is “Can the City afford to absorb park and landscape maintenance costs paid for by the RiverPark CFD. The ability to absorb the loss of other CFD or assessment districts needs also be considered, as additional ballot measures are likely if one of the proposed initiatives passes.

PARK AND OPEN SPACE FUNDING
The City uses several sources of funding to maintain its system of parks and landscaping. Just over half (55%) of funding comes from the City’s General Fund. Revenues for the general fund are primarily from taxes (87% of revenue). The primary sources are: sales tax (55.4% of taxes), property tax (35.5% of taxes), all other taxes (9.1%). Who pays, and how much is paid, is a function of a number of different factors:
▪ When a property is purchased, and for how much – based on rules of Proposition 13 ▪ The amount of taxable purchases made in Oxnard vs. outside of the City Additional site-specific funding is provided through Landscape Maintenance Districts and Mello-Roos Community Facilities Districts. The table below shows the funding from each of these funding categories for FY24 and FY25.

As shown in the table, the General Fund contribution is increasing slightly in FY25 while the Landscape Maintenance Districts and CFDs are increasing significantly. This is a primary function of using excess revenue from previous years to keep assessments down. These revenues are largely gone; therefore, assessments are rising.

The pie graph on the following page shows this same breakdown splitting out General Fund, special districts, and CFD No. 5. This chart illustrates the important role that CFD No. 5 plays in the overall funding of parks and open space. Additionally, a loss of revenue from CFD No. 5 would need to be either made up by the General Fund or a reduction of maintenance services in the RiverPark neighborhood.

Parks and Landscape Funding by Source
FY24 FY25
% of FY25
Total
City General Fund $16,684,436 $16,983,026 55.0%
Special Maintenance Districts $3,379,278 $6,277,408 20.3% Other CFDs $2,076,685 $3,255,318 10.5%
CFD No. 5 $3,200,000 $4,355,965 14.1%
Total Parks & Landscape $25,340,399 $30,871,717 100.0%
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

Service Frequency
In addition to the direct dollar amount funded by each source, the services vary between General Fund parks and those funded by additional assessments or special taxes.

The table on the following page outlines the major maintenance activities and how often they are performed for General Fund versus RiverPark facilities. While some of these activities are similar, additional care and attention to the RiverPark facilities shows up in areas of fertilization, pruning, weed control, graffiti removal, and irrigation inspection. Additionally, it is likely that the existence of the special assessments and taxes allow the City to provide more attention to the City facilities that do not have this additional funding. If CFD revenue declines it would likely reduce maintenance in the General Fund parks if revenue was shifted to help maintain the CFD No. 5 facilities.

City General Fund
$16,983,026
Shift from CFD No. 5
$4,355,965
Special Districts
$9,532,726
Parks and Open Space Funding
with Elimination of CFD No. 5 Special Tax
[intentionally left blank]
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

GENERAL FUND BALANCE
The primary question that the City will face if CFD No. 5 revenues are reduced or eliminated if revenues from other programs or unassigned fund balance should be redirected to make up the difference, or should services be cut?
Cutting non-park services to fund services that have been funded by the RiverPark development for nearly 20 years will be a difficult decision for the City. This choice would redirect funding from citywide services rather than have the RiverPark landowners face the consequences of their vote. The issue with the unassigned fund balance is: 1) these are one-time revenues that could quickly be consumed by using the funds for ongoing expenses, and 2) the amount of unassigned fund balance is volatile.

As shown in the chart below, the General Fund’s ending unassigned fund balance has shifted widely between FY17 and FY23, with a dip negative in FY21. Committing these funds to Comparision of General Fund and RiverPark
Maintenance Frequency
Services for Parks GF Frequency RP Frequency
Mowing Trimming and Edging Turf Weekly Weekly
Turf Aeration Annually 3x annually
Dethatch N/A Annually
Overseeding As Needed Bi-Annually
Fertilization - Turf Annually Quarterly
Fertilization - Shrubs As Needed Monthly
Trash and Debris Pickup 1x per week Daily
Trash Can Servicing 4x per week 2x per week
Pruning - Shrubds, Groundcover, Vines Quarterly Weekly
Weed Control 4x per week Daily
Pest Control N/A As needed
Graffiti Removal N/A Daily
Irrigation Inspection/Repairs N/A Daily
Tree pruning for streets and walkways N/A Monthly
Services for Medians and Parkways GF Frequency RP Frequency Litter and Debris Control Monthly
Mowing Trimming and Edging Turf Monthly
Weed Control (Landscape and Hardscape) Bi Annual
Pest Control Monthly
Services In Riverpark but not GF
Basin Maintenance n/a Quarterly
Multi-Use Trail Maintenance n/a Monthly
Dog Park Renovation n/a Bi-Annual
Same as above
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis ongoing park and landscape maintenance would not be a wise financial choice. Additionally, if CFD No. 5 voters decide to reduce CFD No. 5 revenues, then it is likely that other maintenance districts and CFDs could follow. This is more likely if the City steps in and makes up the loss of revenue. This is not a sustainable strategy for the City to pursue.

Source: FY23 Annual Comprehensive Financial Report

COMPETING EXPENSES
Another issue the City faces with or without the loss of CFD No. 5 revenue is a significant backlog of deferred maintenance in the City as well as significant unfunded pension and retiree health liabilities. If the City has money to shift to CFD No. 5 parks and landscaping maintenance, it could just as easily use these funds to address deferred maintenance.

As shown in the graph below, as of FY22 the City had an estimated deferred maintenance need of $603 million. It is likely to have grown since then. In addition to storm water, streets, alleys, and citywide facilities, the City is facing $100 million need in current parks. While the loss of revenue in CFD No. 5 will likely increase the amount of citywide deferred maintenance, it does not make sense to supplant funding of long-standing maintenance issues if landowners in RiverPark decide to lower their tax burden.
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

Source: FY22 Capital Improvement Program Report

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

PROPOSED CFD INITIATIVES
The following sections discuss the proposed CFD initiatives and the potential impact that they will have on Special Tax revenue collection and the ability of the City maintain the CFD authorized services at current service levels. Each of the initiatives will be discussed in turn.

The initiative language is provided in the appendices. The description of each initiative is from the City Attorney’s ballot title and summary.

[intentionally left blank]
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

RIVERPARK CFD TAX REDUCTION
"Under the proposed initiative, the amount of the "max tax" for each Land Use Class would be reduced by 50 percent from the 2005/2006 levels. If the proposed initiative is approved by voters, the new allowed "max tax" for each Land Use Class would be slightly less than the taxes that are currently imposed on each Land Use Class within CFD No. 5. “

Under this initiative, the CFD’s maximum special tax would be cut by half from the current escalated level. This would leave most of the special tax revenue in place to provide services, for now, but will likely impact services in the future. While seemingly cost neutral, there will be a significant loss of flexibility in performing CFD services. Broadly, impacts of this measure would include:
▪ Maximum Special Taxes will be reduced to a level just lower than needed to fund the draft FY24 CFD budget
▪ The FY25 budget is set to increase by $1 million

FISCAL IMPACT OF INITIATIVE
On its face, this initiative appears to maintain the status quo for funding ongoing services; however, the cost of the CFD special tax levy has been kept artificially low in FY24 by using levy credits from past years to lower the special tax levy. As shown previously, the cost of maintenance in FY25 is $4.3 million. This is an increase of over $1 million that will be need to be collected for FY25 to continue current services throughout CFD No. 5. The table on the next page provides a comparison between the current year’s tax levy - $3,265,698 - and the maximum special tax that could be levied in FY25 if the initiative passes - $3,372,084.

Under this initiative, the City could collect roughly the same amount in FY25 as it levied in FY24. However, the lack of a levy credit, the escalation of costs, and the addition of more patrol services would requires FY25 special taxes to be increased in FY25. The proposed initiative will cap the special tax effectively at FY24 levy levels plus any future CPI increase.

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

IMPACT ON RIVERPARK RESIDENTS AND BUSINESSES
As shown in the table above, the revised Maximum Special Tax under this initiative is limited to the current tax-levy level. This would limit the amount of special tax increase that taxpayers could pay in the future. On the other hand the maintenance costs for FY25 are $4.3 million. The City will need to decide whether to divert resources to make up this difference or reduced services within the RiverPark CFD area.

The impact to landscaping would be immediate with the limited special taxes. Depending on maintenance and capital needs, this maintenance cost differential is likely to grow wider over time.

Riverpark CFD No. 5 Max. Special Tax
Under Reduced Max Tax Initiative
Land Use Max Tax Tax Levy Max Tax Max Tax Levy
SF Attached [1] Estimated
<1,400 sf $2,099.13 $222,943 $1,085.98 $230,229
1,400 - 1,699 sf $2,580.22 $444,668 $1,334.88 $459,199
1,700 - 1,999 sf $2,823.61 $335,255 $1,460.80 $346,209
2,000 - 2,199 sf $3,314.19 $227,469 $1,714.60 $234,900
> 2,200 sf $3,557.58 $81,985 $1,840.51 $84,664
SF Detached
< 1,750 sf $3,076.98 $164,943 $1,591.88 $170,331
1,750 - 2,099 sf $3,486.91 $480,392 $1,803.95 $496,087
2,100 - -2,299 sf $3,793.21 $144,426 $1,962.42 $149,144 2,300 - 2,799 sf $4,376.20 $372,708 $2,264.03 $384,885
Affordable units $764.23 $95,332 $395.38 $98,449
High Density $760.64 $452,712 $393.52 $465,138
Non-Residential $0.2232 $133,538 $0.12 $140,176
Mixed-Uses Varies $109,327 Varies $112,673
Total $3,265,698 3,372,084
[1] The FY24 Special Tax levy is approximately 50.1% of Max Tax FY25 - W/InitiativeFY24 - Current
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

CITY ABILITY TO MAINTAIN SERVICES
As discussed under the City Park & Landscape Funding chapter above, the City relies on annual special assessment and taxes for 45% of its annual maintenance. The loss of any of these revenues will require the City to direct other resources to backfill these funding sources. That could mean reducing existing services or delaying investments in existing deferred maintenance. This will leave the City with difficult decisions to make on whether or not to continue existing levels of service in any special funding district that reduces revenues.

If the residents of CFD No. 5 elect to eliminate or substantially reduce the assessments for CFD No. 5, the City may choose not to backfill the lost funding, thus resulting in substantial reductions in the maintenance and services that are currently provided to the residents of CFD No. 5 through the special taxes.

Riverpark CFD No. 5 Max. Special Tax
Under Reduced Max Tax Initiative
Land Use Tax Rate Tax Levy Max Tax Max Tax Levy
SF Attached [1] Estimated
<1,400 sf $1,051.62 $222,943 $1,085.98 $230,229
1,400 - 1,699 sf $1,292.64 $444,668 $1,334.88 $459,199
1,700 - 1,999 sf $1,414.58 $335,255 $1,460.80 $346,209
2,000 - 2,199 sf $1,660.38 $227,469 $1,714.60 $234,900
> 2,200 sf $1,782.28 $81,985 $1,840.51 $84,664
SF Detached
< 1,750 sf $1,541.52 $164,943 $1,591.88 $170,331
1,750 - 2,099 sf $1,746.88 $480,392 $1,803.95 $496,087
2,100 - -2,299 sf $1,900.34 $144,426 $1,962.42 $149,144 2,300 - 2,799 sf $2,192.40 $372,708 $2,264.03 $384,885
Affordable units $382.86 $95,332 $395.38 $98,449
High Density $381.07 $452,712 $393.52 $465,138
Non-Residential $0.1052 $133,538 $0.12 $140,176
Mixed-Uses Varies $109,327 Varies $0
Total $3,265,698 3,259,411
[1] The FY24 Special Tax levy is approximately 50.1% of Max Tax FY24 - Current FY25 - W/Initiative
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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

RIVERPARK CFD SPECIAL TAX

LIMITATIONS
If adopted by voters, the proposed initiative would impose limits on the way in which CFD No. 5 funding is used, including:
▪ Limit CFD funding for maintenance of parks, parkways and open space to beyond that of "standard municipal services" (less revenues derived from rentals of the parks) and limited to paying for third-party services and City-provided- utilities.
▪ Prohibit use of CFD funding to maintain sports fields within RiverPark for youth baseball and soccer and prohibit use of CFD funding to help maintain a gymnasium used for youth sports activities - all located on Rio School District- owned property pursuant to an existing joint use agreement with the school district. (The initiative would prohibit CFD funding for maintenance services for elementary and secondary school sites and structures.)
▪ Restrict CFD funding for flood and storm protection services to beyond "standard municipal services" and limited to paying third party vendors who directly provide the services.
▪ Limit police protection services to one supplemental officer or the full-time equivalent, excluding overtime costs.
▪ Prohibit the use of CFD funding for recreation program services, library services, the operation and maintenance of museums and cultural facilities, and ambulance and paramedic services. None of these services have ever been funded by the CFD.
▪ Limit the annual cost of running the CFD and administering the third-party contracts to $100,000, with capped CPI adjustments.
▪ Prohibit CFD payments for fire protection and suppression services. These services are currently not funded by the CFD. Per Resolution 15,504, the City cannot impose this obligation without a specific process that includes written notice to all property owners within the CFD and a public hearing before the City Council.

FISCAL IMPACT OF INITIATIVE
The fiscal impact of this initiative is difficult to determine given the requirement that CFD revenues can only be used to fund services beyond that of “standard municipal services.” There is no ready definition of this term. The table below provides a rough estimate of how much loss in special tax revenue there could be under this initiative. The roughly $2.3 million loss of revenue will be impacted by how much 762

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis funding, if any, the City puts into “standard municipal services” for the CFD parks, landscaping, and storm water. It is not likely to be nothing, but also not likely to replace all lost funding from the CFD.

Additionally, while some of the funding is contingent on City funding, other cost limitations are just that.

For example:
▪ The City would be limited to $100,000 for the cost of running the CFD. The City estimates this to be $415,000 in FY24
▪ Police protection services is limited to the cost of a single FTE, without overtime. Currently, the City uses overtime to provide expanded police patrol services. These services will have to be curtailed
▪ The loss of sports field maintenance is budgeted at $300,000 in FY25 ▪ Loss of non-standard storm protection services

Riverpark CFD No. 5
Special Tax Limitations
Ballot Initiative Limitation Current
Funding
Funding Under
Initiative Change
Limit CFD funding for maintenance of parks, parkways and open space to beyond that of "standard municipal services" (less revenues derived from rentals of the parks) and limited to paying for third-party services and City- provided-utilities.
$2,668,143 $1,500,000 ($1,168,143)
Prohibit use of CFD funding to maintain sports fields within RiverPark for youth baseball and soccer and prohibit use of CFD funding to help maintain a gymnasium used for youth sports activities - all located on Rio School District- owned property pursuant to an existing joint use agreement with the school district. (The initiative would prohibit CFD funding for maintenance services for elementary and secondary school sites and structures.)
$300,000 $0 ($300,000)
Restrict CFD funding for flood and storm protection services to beyond "standard municipal services" and limited to paying third party vendors who directly provide the services.
$300,000 $0 ($300,000)
Limit police protection services to one supplemental officer or the full-time equivalent, excluding overtime costs. $312,000 $127,000 ($185,000) Prohibit the use of CFD funding for recreation program services, library services, the operation and maintenance of museums and cultural facilities, and ambulance and paramedic services. None of these services have ever been funded by the CFD.

Funded by the
GF No CFD Funding n/a
Limit the annual cost of running the CFD and administering the third-party contracts to $100,000, with capped CPI adjustments. $415,000 $100,000 ($315,000) Prohibit CFD payments for fire protection and suppression services. These services are currently not funded by the CFD. Per Resolution 15,504, the City cannot impose this obligation without a specific process that includes written notice to all property owners within the CFD and a public hearing before the City Council.

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

IMPACT ON RIVERPARK CFD TAXPAYERS
This initiative will not lower the Maximum Special Taxes, but will limit the services that can be funded.

This will likely lead to lower annual taxes being levied and lower levels of park and landscaping maintenance, storm water maintenance, and police patrol services.

The tricky part of this initiative is that funding is allowed if the City steps in and funds “standard municipal services” from non-special-tax sources. This means that the level of tax and the impact on taxpayers is dependent on this decision by the City. What if the City provided some services but not the “standard” level? What is the “standard” level? In comparison to the other two initiatives, this one is the most difficult to determine actual impacts to the CFD tax payor.

Because the Maximum Special Taxes are not impacted by this initiative, property owners will continue to disclose the then-current Maximum Special Taxes upon sale of a home.

CITY ABILITY TO MAINTAIN SERVICES
As discussed under the City Park & Landscape Funding chapter above, the City relies on special assessment and taxes for 45% of its annual maintenance. The loss of these revenues will require the City to direct other resources to backfill these funding sources. That could mean reducing existing services or delaying investments in deferred maintenance. This will leave the City with difficult decisions to make on whether or not to continue existing levels of service in any special funding district that reduces revenues.

If the residents of CFD No. 5 elect to eliminate or substantially reduce the assessments for CFD No. 5, then the City may choose not to backfill the lost funding -- thus resulting in substantial reductions in the maintenance and services that are currently provided to the residents of CFD No. 5 by the CFD No. 5 special taxes.

764

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

RIVERPARK CFD REPEAL
“The proposed initiative would eliminate all funding generated by CFD No. 5. The initiative would accomplish this by removing the ability of CFD No. 5 to collect any taxes required to maintain the River Park community. The proposed initiative indicates that it is to "be liberally construed and broadly applied in order to effectuate its underlying purpose of repealing the City's special taxes imposed on properties in the District."

This initiative is the most impactful of the three. Eliminating the CFD undercuts the City’s ability to maintain any of the CFD services.

IMPACT ON RIVERPARK CFD TAXPAYERS
The repeal of CFD No. 5 will eliminate all special tax collections. The current year special tax levy was $3.2 million and the FY25 budgeted services are $4.3 million. The special taxes in the CFD would cease to exist and the taxpayers in CFD No. 5 will no longer be levied these taxes.

As with other initiatives, there is a funding response to this loss of revenue by the City that will likely result in a severe reduction in maintenance for the former CFD-funded parks, landscaping, and storm water facilities. Even if the City steps into to make up some of these expenses, it is likely that RiverPark parks and landscaping will, at best, be maintained at significantly reduced levels. This could impact the attractiveness of the RiverPark development and impact land values if park and landscape maintenance declines.

CITY ABILITY TO MAINTAIN SERVICES
As discussed under the City Park & Landscape Funding chapter above, the City relies on special assessment and taxes for 45% of its annual maintenance. The loss of these revenues will require the City to direct other resources to backfill these funding sources. That could mean reducing existing services or delaying investments in existing deferred maintenance. This will leave the City with difficult decisions to make on whether or not to continue existing levels of service in any special funding district that reduces revenues.

765

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

SUMMARY FINDINGS
The question of what will happen if the voters in RiverPark vote to decrease its funding for park, landscaping, and storm drainage from CFD No. 5, can only be answered by the City’s policy direction if such an action occurs. However, there are some likely directions that the City may go based on its overall financial position. CFD No. 5 currently guarantees a high level of maintenance and security in RiverPark.

Reduced funding will limit (or eliminate) the City’s ability to maintain this high level of service. Based on the analysis in this report, the following major findings have been made:
▪ The CFD provides for a guaranteed level of park and landscaping maintenance, facility replacement (as needed), and higher levels of police patrol. ▪ The City will be hard pressed to meet all of its funding demands without the passage of any of these initiatives. This will be exacerbated should any of the CFD No. 5 initiatives pass. ▪ If the residents of CFD No. 5 elect to eliminate or substantially reduce the assessments for CFD No. 5, then the City may choose not to backfill the lost funding -- thus resulting in substantial reductions in the maintenance and services that are currently provided to the residents of CFD No. 5 by the CFD No. 5 special taxes. The City is:
• Unlikely to defer money from existing programs to make up CFD No. 5 lost revenue • Unlikely to use one-time monies from unassigned fund balances to fund lost revenue • Should not defer general fund resources from existing park maintenance to make up the lost revenue amounts

766

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CITY OF OXNARD RIVERPARK CFD NO. 5 INITIATIVE IMPACT REVIEW | Independent Analysis

APPENDICES

Appendix A—CFD Special Tax Reduction
Appendix B—CFD Special Tax Limitations
Appendix C— CFD Special Tax Elimination
767

25 | P a g e

Appendix A—Lower Tax Initiative
(Includes initiative text and Ballot Title and Summary)

768
Reduction of the Maximum Special Taxes That Can Be
Imposed Within Community Facilities District No. 5 (RiverPark) Prior to the development of the RiverPark community, Community Facilities District No. 5 (RiverPark) was required to be created to pay for specific services for the new community, including the maintenance of parks, parkways and open space, flood and storm protection services, and police protection services.

The proposed initiative would result in a 50 percent reduction in the potential amount of CFD funding available to provide services within the RiverPark community. This means that assessments could not be increased above existing levels to provide additional services to River Park residents or to cover the cost of existing services if such costs increased due to inflation and other outside factors.

Currently, money generated by CFD No. 5 pays for a range of services within the RiverPark community including:
• Maintaining all of the parks and open space areas within the RiverPark community.
• Maintaining sports fields used for youth baseball and soccer. • Helping to maintain a gymnasium used for youth sports activities. • Funding flood and storm protection services.
• Funding police protection services.

As background, the CFD No. 5 formation documents established the maximum amount of special taxes (the "max tax") that can be imposed on each type of development (Land Use Class) within CFD No. 5. These Land Use Classes included single family homes (attached and detached), high density properties, and non-residential properties. After the CFD was established, the amount of the "max tax" for each Land Use Class increases between 2% and 5% each year based upon the Consumer Price Index. Currently, CFD No. 5 imposes assessments on each Land Use Class that is 50.01 percent of the existing "max tax".

Under the proposed initiative, the amount of the "max tax" for each Land Use Class would be reduced by 50 percent from the 2005/2006 levels. If the proposed initiative is approved by voters, the new allowed "max tax" for each Land Use Class would be slightly less than the taxes that are currently imposed on each Land Use Class within CFD No. 5.
769
The proposed initiative indicates that it is to "be liberally construed and broadly applied in order to effectuate its underlying purpose of reducing the City's special taxes imposed on properties in the District." If adopted by voters, the proposed initiative would become effective on June 30, 2025.
770
771
772

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Appendix B—Limited Funding Initiative
(Includes initiative text and Ballot Title and Summary)

773
774
775
776
777

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Appendix C—Eliminate CFD Initiative
(Includes initiative text and Ballot Title and Summary) 778
Repeal of Community Facilities No. 5 (River Park) Special Taxes Prior to the development of the RiverPark community, Community Facilities District No. 5 (RiverPark) was required to be created to pay for specific services for the new community, including the maintenance of parks, parkways and open space, flood and storm protection services, and police protection services. The funds generated by CFD No. 5 pay for a range of services within the RiverPark community including:
• Maintaining all of the parks and open space areas within the RiverPark community.
• Maintaining sports fields used for youth baseball and soccer. • Helping to maintain a gymnasium used for youth sports activities. • Funding flood and storm protection services.
• Funding police protection services.

The proposed initiative would eliminate all funding generated by CFD No. 5. The initiative would accomplish this by removing the ability ofCFD No. 5 to collect any taxes required to maintain the River Park community. The proposed initiative indicates that it is to "be liberally construed and broadly applied in order to effectuate its underlying purpose of repealing the City's special taxes imposed on properties in the District."
As such, if the proposed initiative is approved by voters and becomes effective, then on and after July 1, 2025, no funding would be generated by CFD No. 5 to maintain the above services for the RiverPark community. 779
780
781
RiverPark CFD No. 5
Initiative Analysis
782
Three Initiatives
Initiative Key Provisions Est. Fiscal Impact
#1: CFD Special Tax
Reduction
Reduce the current
Maximum Special Tax
by 50%

Reduce needed tax
levy by approximately
$1 Million in FY25
#2: Special Tax
Limitations
Limit use of special
taxes from current
service authorization
Reduce current
funding for services in
the CFD by $2.2
Million (+/-) in FY25
#3: Repeal of CFD Eliminate the Special
Tax collection for CFD
No. 5
Eliminate the $4.2
Million needed for
FY25
RBConsulting
2 783
Summary of Initiative Impacts
City Choice City Impact
RiverPark
Neighborhood
Impact
“City Choice”
Likelihood
Fund current level
of CFD No. 5
services
 Reduction in
funding for other
needed services
 Potential reduction
in all City park
maintenance
Annual tax savings
for property owners
Unlikely
outcome due
to other
funding
needs
City only uses
available Special
Tax revenues for
parks, landscape,
and storm drain
services
 May still fund
critical maint. needs
 Funding impact on
other services to the
extent that CFD No.
5 funding is
supplanted
 Reduced level of
parks & landscape
maintenance &
capital
replacement
 Fewer services
(including extra
police patrols)
Most likely
outcome of
reduced
Special Tax
Revenues
RBConsulting
3 784
CFD No. 5 Overview
RBConsulting
4 785
CFD No. 5
 Seven Parks (19.4% of the
City’s 36 total parks)
 Street landscaping
 Freeway frontage
 Neighborhood District
buffer
 Bike and pedestrian paths

RBConsulting
5 Source: RiverPark Specific Plan, 2012 update
786
Background | Authorized Services
 RiverPark CFD No. 5 was established in 2005
 The CFD allowed the City to levy annual taxes to
pay for the following broad categories of expense:
 Maintenance of parks, parkways, and open space.
 Flood and storm protection services.
 Police protection services.
 Fire protection and suppression services.
 Ambulance and paramedic services.
 Local park, recreation, parkway, and open-space facilities  Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities.
 Costs incurred in establishing and maintaining the CFD

RBConsulting
6 The CFD also uses special
taxes for long-term
maintenance and replacement
of park & landscape facilities
787
Overview of Special Taxes
 While the Maximum
Special Tax has grown at
a compounded average
annual rate of 2.69%
per year, the FY24 tax
levy was just over 50% of
this Max Special Tax
RBConsulting
7 Riverpark CFD No. 5
Growth in Max Special Taxes
FY06 FY24 FY24
Land Use Tax Per: Max Tax Max Tax Special Tax
SF Attached
<1,400 sf unit $1,266.86 $2,099.13 $1,051.62
1,400 - 1,699 sf unit $1,557.21 $2,580.22 $1,292.64
1,700 - 1,999 sf unit $1,704.10 $2,823.61 $1,414.58
2,000 - 2,199 sf unit $2,000.17 $3,314.19 $1,660.38
> 2,200 sf unit $2,147.06 $3,557.58 $1,782.28
SF Detached
< 1,750 sf unit $1,857.01 $3,076.98 $1,541.52
1,750 - 2,099 sf unit $2,104.41 $3,486.91 $1,746.88
2,100 - -2,299 sf unit $2,289.27 $3,793.21 $1,900.34
2,300 - 2,799 sf unit $2,641.11 $4,376.20 $2,192.40
Affordable units unit $461.23 $764.23 $382.86
High Density unit $459.06 $760.64 $381.07
Non-Residential sf floor area $0.1347 $0.2232 $0.1052
788
Fiscal Impact
Calculations
RBConsulting
8 789
#1: CFD Special Tax Reduction
Initiative Requests Voters to:
 Reduce the current Maximum Special Tax by 50%
Impact on RiverPark CFD Special Tax Payors

1. Reduction in Maximum Special Tax the City can levy

2. Likely to pay Maximum Special Tax each year (with inflation)

3. Reduction in services – FY25 maintenance cost ~ $1 Million over max. tax levy

4. Reduced ability to maintain park and landscape features and facilities as they age RBConsulting
9 FY25 Estimated Special Tax
Shortfall of just under $1M
790
#1: Impact of CFD Special Tax Reduction
 A reduced maximum special tax could result in nearly a $1 Million shortfall in maintenance revenue starting in FY25
 CFD maintenance costs are already outpacing what a reduced Maximum Special Tax could generate in revenue
RBConsulting
10 Category FY24 Actual FY25 W/Initiative
Maintenance Services $3,571,669 $4,335,290
Administrative Fees $415,794 (inc.)
Total Budget $3,987,463 $4,335,290
Levy Credit ($721,765) Assumed Not Available
Special Tax Levy $3,265,698 $4,335,290
Initiative Max Tax $3,372,000
Tax Shortfall ($963,290)
Source: FY24 CFD Annual Report
RBC Estimates
791
#2: Special Tax Limitations
RBConsulting
11 Riverpark CFD No. 5
Special Tax Limitations
Ballot Initiative Limitation Current
Funding
Initiative
Funding Change
Limit CFD funding for maintenance of parks, parkways and open space to beyond that of "standard municipal services" $2,668,143 $1,500,000 ($1,168,143) Prohibit use of CFD funding to maintain sports fields within RiverPark for youth baseball and soccer and prohibit use of CFD funding to help maintain a gymnasium used for youth sports activities
$300,000 $0 ($300,000)
Restrict CFD funding for flood and storm protection services to beyond "standard municipal services" $300,000 $0 ($300,000)
Limit police protection services to one supplemental officer or the full-time equivalent, excluding overtime costs. $312,000 $127,000 ($185,000) Prohibit the use of CFD funding for recreation program services, library services, the operation and maintenance of museums and cultural facilities, and ambulance and paramedic services.

Funded by the
GF
No CFD
Funding n/a
Limit CFD funding for local Park, recreation. parkway, and open space facilities to pay for the supplemental cost of enhancing servlces beyond that of standard municipal services
Inc. Above Inc. Above na
Other (equipment, etc.) $340,147 $340,147 $0
Total $4,335,290 $1,727,000 ($2,268,143)
792
#2 Special Tax Limitations | Limitations
Difficult provisions of the initiative :
 Special taxes will not “…pay for the supplemental cost of enhancing services beyond that of standard municipal services.” This will require the City to invest a certain amount of non -CFD funding before it can levy special taxes for additional service levels. If the City does not make that investment, the taxes cannot be levied and maintenance levels will drop  Definition of “standard municipal services” could lead to lawsuits as there is no working definition of this phrase in the initiative, the CFD formation documents or City regulations. Additionally, the City has a number of areas that supplement parks and landscaping maintenance with Landscape Maintenance Districts or CFDs, clouding what is “standard”

RBConsulting
12 793
#3: Repeal of CFD
 This initiative would repeal CFD No.5 – June 30, following the vote  Loss of CFD funding for all parks, landscape, open space, storm water maintenance Impact on CFD Tax Payors/City
 Elimination of annual special tax to property owners: Reduction of $4+ Million in special taxes to City for parks, landscaping, and storm drainage maintenance  Likely reduction in park and landscape maintenance to levels experienced in areas of the City with no CFDs – Potentially such maintenance levels could be lower than other parks within the City
 Potential reduction in all City park and landscape maintenance as limited funding is spread over a greater area

RBConsulting
13 794
#3: Repeal of CFD | Revenue Impact
 Tax needed in FY25 = $4.2M
 Maximum Special Tax in FY25 = $6.7M (if tax is not repealed) RBConsulting
14 If the CFD No. 5 Special Tax is repealed,
the property owners will have a
reduction in annual taxes; however, park
and landscape maintenance is also likely
to be reduced accordingly
795
RiverPark Maintenance Funding
Property owners voting to lower or eliminate CFD Special Taxes should not have an expectation that the City will step in and make up the funding difference:

1. RiverPark Specific Plan was approved with the anticipation of RiverPark park, open space, and storm water funding through a Landscape Maintenance District .

A CFD was ultimately decided upon

2. A services CFD is a special tax levied on real property to fund authorized services.

Without the CFD, it is likely that the RiverPark Specific Plan would not have been approved and the project would not have been built

3. Property owners in the CFD purchase properties with full knowledge of the CFD  Required CFD disclosure in purchase documents – signed by purchaser  Value of property is determined with the CFD Maximum Special Tax in place – with the ability to calculate future Maximum Special Taxes over time

RBConsulting
15 796
Funding of Parks &
Landscaping in City
RBConsulting
16 797
City Funding of Parks and Open Space
 A reduction of special district
funding would require:
 Additional General Fund support

OR
 Reduction in maintenance
RBConsulting
17 0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
City General Fund Special Maintenance
Districts
Other CFDs CFD No. 5
Parks & Landscaping
Funding Sources
45% of Funding from special
districts

14.1% from CFD No. 5 Alone
City General
Fund 55.0%
Special
Districts 45.0%
Funding Sources
798
Park Maintenance Levels
 Maintenance Standards of CFD No. 5 Parks
& Landscaping is higher than the GF
 CFD No. 5 costs are lower per acre than
City GF costs for parks & landscaping
Services for Parks
GF
Frequency RP Frequency
Mowing Trimming and Edging Turf Weekly Weekly
Turf Aeration Annually 3x annually
Dethatch N/A Annually
Overseeding As Needed Bi-Annually
Fertilization - Turf Annually Quarterly
Fertilization - Shrubs As Needed Monthly
Trash and Debris Pickup 1x per week Daily
Trash Can Servicing 4x per week 2x per week
Pruning - Shrubds, Groundcover, Vines Quarterly Weekly
Weed Control 4x per week Daily
Pest Control N/A As needed
Graffiti Removal N/A Daily
Irrigation Inspection/Repairs N/A Daily
Tree pruning for streets and walkways N/A Monthly

Services for Medians and Parkways
Litter and Debris Control Monthly Same as above
for all services
listed above
Mowing Trimming and Edging Turf Monthly
Weed Control (Landscape and Hardscape) Bi Annual
Pest Control Monthly

Services In RiverPark but not GF
Basin Maintenance n/a Quarterly
Multi-Use Trail Maintenance n/a Monthly
Dog Park Renovation n/a Bi-Annual
RBConsulting
18 $-
$5,000.00
$10,000.00
$15,000.00
$20,000.00
$25,000.00
General Fund CFD No. 5
Parks & Landscaping
Maintenance
Cost Per/Acre (FY24)
799
Funding Competition if Initiatives Pass

RBConsulting
19 General
Fund
Support?
Divert
Resources to
CFD NO. 5?
Fund
Deferred
Maint.?
Invest in
citywide
Capital &
Services?
800
Funding Needs
 The City has over $1
Billion in long-
term liabilities
and deferred
maintenance
 Economic and
political
uncertainties
 New Costco in Camarillo
will impact City sales taxes
 Ongoing litigation on use
of lease-revenue bonds
means more pay-go
funding needed to keep
up facilities
 Measure “O” voter re-
approval in FY28

RBConsulting
20 GF
Budget
• $20M Budgeted GF
Deficit in FY25
Deferred
Maint.
• $603M over next
5 years
Long-
Term
Liabilities
• $355M Pension
Unfunded Liability

• $49M Retiree
Health Liability
CFD No. 5
Initiatives
• $1M to $4M per
year (and growing)
801
Use of General Fund Balance?
RBConsulting
21 ($5,000,000)
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23
City of Oxnard General Fund
Unassigned Fund Balance
Funding CFD No. 5
costs would erase
fund balance in less
than 5 years
Fund balance

VOLATILE &
negative in
FY21
802
Summary
RBConsulting
22 803
Summary Impacts
RBConsulting
23 #1: CFD Special Tax
Reduction
CFD would fall ~$1M short of
maintenance needs
CFD No. 5 Impacts:
- Similar tax levy
- City unlikely to back fill
maintenance needs
City Impacts:
- Decision to backfill special
taxes, reduce other parks
service, pay from reserves
 #2: Special Tax
Limitations  #1: Repeal of CFD
CFD would fall ~$1.5M to
$2.5M short of current
maintenance needs
CFD No. 5 Impacts:
- Lower special taxes
- Reduced maintenance in
CFD unless City backfills
City Impacts:
- Decision to backfill special
taxes, reduce other parks
service, pay from reserves
City Impacts:
- Decision to backfill
special taxes, reduce other
parks service, pay from
reserves
City loss of all CFD
revenue to fund current &
future maintenance needs
CFD No. 5 Impacts:
- No special taxes
- Significant reduction in
CFD maintenance
804
Indirect Impacts
 In addition to direct impacts,
the overall City will be
impacted by a loss of revenue
from CFD No. 5
 Loss of Property value if park
maintenance standards fall
 Lower citywide park
maintenance to the extent that
money diverted to CFD No. 5
 Potential cost increase to
schools if City can’t fulfill joint
use agreement
 Reduction of CFD
maintenance levels
 Lower levels of public safety
services
RBConsulting
24 Special
Tax
Reduction
Reduction in
maintenance
in RiverPark
Impact on
park
maint.

Citywide
Potential
loss of
property
value
Increase in
cost to
Schools
805
Summary
 The CFD provides for a guaranteed level of park and
landscaping maintenance, facility replacement (as needed), and higher levels of police patrol.
 The City will be hard pressed to meet all of its funding demands should any of the CFD No. 5 initiatives pass
 If they pass, voters in the CFD should prepare for significant reductions in regular park and landscaping maintenance
RBConsulting
25 CFD No. 5 guarantees a high level of maintenance
and security in RiverPark. Reduced funding will
limit (or eliminate) the City’s ability to maintain
this high level of service
806

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.10

DATE: June 18, 2024

TO: City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark)

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure (20 Minutes)

RECOMMENDATION

That the City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark) of the City of Oxnard, call the election for a ballot measure titled “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure" by adopting a resolution, which would order consolidation with the November 5, 2024 statewide election, request the County Clerk to conduct the election, and authorize the Board of Supervisors to canvass the returns

BACKGROUND

When the RiverPark community was developed, Community Facilities No. 5 (RiverPark) (“CFD No. 5") was created to fund services for the new community, including the maintenance of RiverPark’s expansive parks, parkways and open space, the flood and storm protection services, and additional police protection services. Currently, CFD No. 5 special taxes pay for a range of services and amenities within the RiverPark community including:

• Protecting public safety
• Maintaining all of the parks and open space areas within the RiverPark community; • Maintaining sports fields used for youth baseball and soccer; • Helping to maintain a gymnasium for youth sports activities; • Funding flood and storm protections services; and
• Funding additional police protection services.

The CFD No. 5 special taxes allow RiverPark services and amenities to be maintained and continued in the manner that currently exists today. At the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of CFD No. 5, received and filed certificates of sufficiency for three initiatives that would, if adopted, repeal CFD No. 5’s special taxes, limit the uses of the special taxes for CFD No. 5 and/or reduce the maximum special taxes that can be imposed by CFD No. 5. The proponents of the three ballot measures are Aaron Starr, Alicia Percell and Daniel Wolkenfeld.

The adoption of one or more of such initiatives would cause significant cuts to the maintenance and continuance of services and amenities within the RiverPark community – if alternative funding sources are not available to pay for some or all of the services and amenities that were previously paid for by CFD No. 5.

“City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” (the "Act") would ensure that CFD No. 5 continues to collect the special taxes necessary to provide the range of services and amenities within the RiverPark community that currently exist. If placed on the ballot by the 807
City Council, the following question will be presented to the voters of CFD No. 5:

STRATEGIC PRIORITIES

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

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

FINANCIAL IMPACT

According to the County Elections Office, the estimated cost of the election is $5,500 plus legal publication costs.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Kenneth Rozell, Chief Assistant City Attorney, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. City-Sponsored CFD 5 Measure Resolution

2. Exhibit A -- City Sponsored CFD 5 Measure Ordinance

3. Exhibit B -- Request for Specified Election Services Ballot Measure

808
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OXNARD, CALIFORNIA, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 5
(RIVERPARK), ORDERING AN ELECTION TO BE HELD ON
NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A
MEASURE TITLED “CITY-SPONSORED COMMUNITY
FACILITIES DISTRICT NO. 5 (RIVERPARK) NO TAX

INCREASE, PUBLIC SAFETY, NEIGHBORHOOD SERVICES
MEASURE”, REQUESTING THE COUNTY CLERK TO

CONDUCT THE ELECTION, AND AUTHORIZING THE

BOARD OF SUPERVISORS TO CANVASS THE RETURNS
WHEREAS, when the RiverPark community was developed, Community Facilities No. 5 (RiverPark) (“CFD No. 5”) was created to fund services for the new community, including the maintenance of RiverPark’s expansive parks, parkways and open space, the flood and storm protection services, and additional police protection services; and WHEREAS, CFD No. 5 special taxes currently pay for a range of services and amenities within the RiverPark community including: maintaining all of the parks and open space areas within the RiverPark community; maintaining sports fields used for youth baseball and soccer; helping to maintain a gymnasium for youth sports activities; funding flood and storm protections services; and funding additional police protections services; and WHEREAS, the CFD No. 5 special taxes allow RiverPark services and amenities to be maintained and continued in the manner that currently exists today; and WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of CFD No. 5, received and filed certificates of sufficiency for three initiatives that would, if adopted, repeal CFD No. 5’s special taxes, limit the uses of the special taxes for CFD No. 5 and/or reduce the maximum special taxes that can be imposed by CFD No. 5; and
WHEREAS, the adoption of one or more of such initiatives would cause significant cuts to the maintenance and continuance of services and amenities within the RiverPark community – if alternative funding sources are not available to pay for some or all of the services and amenities that were previously paid for by CFD No. 5; and WHEREAS, if adopted by the voters, the “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” would ensure that CFD No. 5 continues to collect the special taxes necessary to provide the range of services and amenities within the RiverPark community that currently exist; and WHEREAS, the City Council, acting as the legislative body of CFD No. 5, desires to submit the “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” to the voters at the General Municipal Election 809
to be held on Tuesday, November 5, 2024, and to be consolidated with any other election to be held on that date; and
WHEREAS, the proposed “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” is more completely described in the ordinance attached hereto as Exhibit A and incorporated herein by reference.

NOW, THEREFORE, the City Council of the City of Oxnard (acting as the legislative body of Community Facilities District No. 5 (RiverPark)) hereby resolves as follows:

SECTION 1. The City Council, acting as the legislative body of CFD No. 5, hereby finds and determines that the foregoing recitals are true and correct. The recitals are hereby incorporated into the operative provisions of this Resolution by this reference.

SECTION 2. The City Council, acting as the legislative body of CFD No. 5, hereby proposes the “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure”.

SECTION 3. The City Council, acting as the legislative body of CFD No. 5, hereby calls a General Municipal Election for Tuesday November 5, 2024 (the “Election”) and orders, pursuant to Elections Code Section 9222, that the “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” be submitted to the voters at that election.

SECTION 4. The ballot question shall be substantially as follows:

YES

CITY-SPONSORED COMMUNITY FACILITIES DISTRICT
NO. 5 (RIVERPARK) NO TAX INCREASE, PUBLIC SAFETY,
NEIGHBORHOOD SERVICES MEASURE.

Shall the City of Oxnard-sponsored measure to continue current funding for Community Facilities District No. 5 (RiverPark) and maintain community safety, enhanced police protection,
neighborhood/park patrols, keeping public areas clean, safe, well- maintained, including parks, open space; maintain flood protection, without any increase to the existing maximum tax rate, continuing ongoing public disclosure of spending and annual reports -- be adopted?
NO
SECTION 5. The text of the proposed “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” shall be printed in the ballot materials; a copy of the measure shall be available for public inspection in the City Clerk’s office located at 300 West Third Street, 4th Floor in the City of Oxnard. If not 810
provided in the voter guide, upon request, copies will be sent at the expense of the City. A majority of votes cast is required for the measure to pass.

SECTION 6. This Resolution is adopted pursuant to Elections Code Section 10403 requesting that the Board of Supervisors of Ventura County, pursuant to Elections Code Section 10401, order that this election be consolidated with the statewide general election to be held on November 5, 2024, which consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418.

SECTION 7. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of CFD No. 5 on November 5, 2024.

SECTION 8. Pursuant to Elections Code Section 10002, the Board of Supervisors is requested to permit the County Clerk to render the services and supplies shown on Exhibit B, which is attached hereto and made a part hereof, and any and all other services and supplies necessary to complete the election on November 5, 2024. The City shall pay the reasonable cost of services and supplies rendered by the County Clerk.

SECTION 9. The City Manager is authorized to execute all documents and to perform all necessary acts to enter into one or more agreements for the provisions of election services consistent with this Resolution.

SECTION 10. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 11. The City Council, acting as the legislative body of CFD No. 5, directs the City Clerk to transmit a copy of the measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 in the manner required by law. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials.

Rebuttal arguments shall be permitted pursuant to applicable law.

SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 13. The City Council, acting as the legislative body of CFD No. 5, shall meet to declare the results of the election called for by this Resolution at its first regular meeting following the certification of election results.

SECTION 14. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 15. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution. 811
SECTION 16. This Resolution shall be effective immediately upon adoption.

APPROVED and ADOPTED this 18th day of June, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
812

EXHIBIT A
813

AN ORDINANCE THAT CONTINUES AND MAINTAINS SERVICES AND AMENITIES WITHIN THE RIVERPARK COMMUNITY BY THE READOPTION OF RESOLUTION NO. 12,936’S EXHIBIT A AND TABLE 1 IN EXHIBIT B TO PREVENT THE ELIMINATION OR

SUBSTANTIAL REDUCTION ON THE COLLECTION OF COMMUNITY FACILITIES DISTRICT NO. 5 (RIVERPARK)’S SPECIAL TAXES, AND REAFFIRMS THAT CFD NO. 5’S SPECIAL TAXES SHALL NOT BE ELIMINATED, REDUCED AND/OR RESTRICTED

BY ONE OR MORE OF THE THREE INITIATIVES PROPOSED BY AARON STARR,

ALICIA PERCELL AND DANIEL WOLKENFELD
The People of Community Facilities District No. 5 (RiverPark) do ordain as follows:

Section 1. Title
This initiative shall be known and may be cited as the “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure” (the “Act”).

Section 2. Findings and Declarations
The People of Community Facilities District No. 5 (RiverPark) find and declare all of the following:

A. When the RiverPark community was developed, Community Facilities No. 5 (RiverPark) (“CFD No. 5”) was created to fund services for the new community, including maintenance of RiverPark’s expansive parks, parkways and open space, flood and storm protection services, and additional police protection services. Currently, CFD No. 5 special taxes pay for a range of services and amenities within the RiverPark community including:
i. Protecting the public safety;
ii. Maintaining all of the parks and open space areas within the RiverPark community;
ii. Maintaining sports fields used for youth baseball and soccer; iii. Helping to maintain a gymnasium for youth sports activities; iv. Funding flood and storm protections services; and
v. Funding additional police protection services.

B. The CFD No. 5 special taxes allow RiverPark services and amenities to be maintained and continued in the manner that currently exists today.

C. At the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of CFD No. 5, received and filed certificates of sufficiency for three initiatives that would -- if adopted -- repeal CFD No. 5’s special taxes, limit the uses of the special taxes for CFD No. 5 and/or reduce the maximum special taxes that can be imposed by CFD No. 5. The 814
proponents of these three ballot measures are Aaron Starr, Alicia Percell and Daniel Wolkenfeld (the “Proponents”).

D. The People of CFD No. 5 do not wish for any of these three initiatives to go into effect because the adoption of one or more of such initiatives would cause significant cuts to the maintenance and continuance of services and amenities within the RiverPark community – if alternative funding sources are not available to pay for some or all of the services and amenities that were previously paid for by CFD 5.

Section 3. Purpose and Intent
The purpose and intent of this Act is to:

A. Ensure that CFD No. 5 continues to collect the special taxes necessary to provide the range of services and amenities within the RiverPark community that currently exists, including:
i. Protecting the public safety;
ii. Maintaining all of the parks and open space areas within the RiverPark community;
ii. Maintaining sports fields used for youth baseball and soccer; iii. Helping to maintain a gymnasium for youth sports activities; iv. Funding flood and storm protections services; and
v. Funding additional police protection services.

B. Ensure that the collection and use of CFD No. 5 special taxes are not eliminated, reduced and/or restricted by one or more of the three initiatives filed by the Proponents.

Section 4. City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure
A. Exhibit A to Resolution No. 12,936 is hereby readopted with the removal of the following allowed uses of CFD No. 5 funding that are not currently being funded by CFD No. 5:
ambulance and paramedic services, recreation program services, library services, the operation and maintenance of museums and cultural facilities, and fire protection and suppression services.

B. Table 1 to Exhibit B of Resolution No. 12,936 is hereby readopted in its entirety with no changes.

C. The revised Exhibit A to Resolution No. 12,936 and Table 1 to Exhibit B to Resolution No. 12,936 are attached hereto and incorporated herein by this reference. 815
Section 5. Broad Construction, Implementation and Severability A. The Act shall be liberally constructed and broadly applied to effectuate its underlying purposes of:
i. Ensuring that CFD No. 5 continues to collect the special taxes necessary to provide the range of services and amenities within the RiverPark community that currently exists today; and
ii. Ensuring that the collection and use of CFD No. 5 special taxes are not eliminated, reduced and/or restricted by one or more of the three initiatives filed by the Proponents.

B. If any provision of this Act or its application to any person or circumstance is declared invalid, such invalidity shall not affect the validity of the remainder of the Act. In such circumstances, the other parts of this Act shall remain in effect as if this Act had been drafted without the invalid part. The People intend and desire that the remaining parts of this Act continue to be effective without any part or parts that have been declared invalid, including – but not limited to – the provisions of the Act which have the impact of invalidating one or more of the three ballot measures filed by the Proponents.

Section 6. Conflicting Ballot Measures
A. Because of the internal conflicts between key provisions of the three ballot measures filed by the Proponents, the three ballot measures shall be deemed to be in conflict with each other for purposes of Elections Code Section 9221 and shall be subject to the provisions of Elections Code Section 9221.

B. This Act shall be deemed to be in conflict with the three ballot measures filed by Proponents because those ballot measures seek to eliminate, reduce and/or restrict the collection or use of the CFD No. 5 special taxes, while the purpose and intent of this Act is to ensure that the CFD No. 5 special taxes can, are and will continue to be used for the existing range of services and amenities within the RiverPark community.

C. In the event that this measure receives a greater number of affirmative votes than one or more of the measures filed by the Proponents, then – as to those other measure(s) -- the provisions of this measure shall prevail in their entirety and the provisions of the other measure(s) that received fewer votes shall be null and void in their entirety.

D. If this measure is approved by voters but superseded in any way by one or more other conflicting ballot measure(s) (i.e., those ballot measures(s) filed by the Proponents) on the November 5, 2024 ballot are approved by voters at the same election, and the conflicting ballot measure(s) are later held invalid, this measure shall be self-executing and given full force of law. 816

EXHIBIT A

CITY OF OXNARD
COMMUNITY FACILITIES DISTRICT NO. 5
(RIVERPARK)

DESCRIPTION OF SERVICES AND IMPROVEMENTS

TO BE FUNDED BY THE DISTRICT

SERVICES AND IMPROVEMENTS
The following services are authorized expenditures under this resolution. The District will use the funds for the following purposes:
•Maintenance of parks, parkways, and open space.
•Maintenance services for elementary and secondary school sites and structures. •Flood and storm protection services.
•Costs incurred in establishing the District and creating the levy of the special tax, financial advisor fees and expenses, appraisal and price point study costs, maintenance reserves, and District counsel fees and expenses.
•Ongoing administrative fees of the District, the City of Oxnard and any trustee, fiscal agent or financial administrator related to the District. •Reimbursement of costs related to the formation of the District advanced by the City of Oxnard, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City of Oxnard, any landowner in the District or any party related to any of the foregoing, for services, fees or other purposes or costs of the District.
•Police protection services.
•Local park, recreation, parkway, and open-space facilities. 817
EXHIBIT 1 TO EXHIBIT B
Maximum Special Tax for Developed Property
For Fiscal Year 2005-2009
Community Facilities District No. 5 (RiverPark)
Land Use
Class Description
Residential
Floor Area Maximum Special Tax
1 Single Family Attached Property <1,400 SF $1,266.86 per unit 2 Single Family Attached Property 1,400-1,699 SF $1,557.21 per unit 3 Single Family Attached Property 1,700-1,999 SF $1,704.10 per unit 4 Single Family Attached Property 2,000-2.199 SF $2,000.17 per unit 5 Single Family Attached Property >2,200 SF $2,147.06 per unit 6 Single Family Attached Property <1,750 SF $1,857.01 per unit 7 Single Family Attached Property 1,750-2,099 SF $2,104.41 per unit 8 Single Family Attached Property 2,100-2,299 SF $2,289.27 per unit 9 Single Family Attached Property 2.300-2,799 SF $2,641.11 per unit 10 Single Family Attached Property >2,800 SF $3,014.65 per unit 11 Affordable Units NA $461.23 per unit
12 High Density Property NA $459.06 per unit
13 Non-Residential Property NA $0.1347 per square foot of Non-Residential Floor
Area

818
819
820

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.11

DATE: June 18, 2024

TO: City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark)

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Calling the Election for Certified Initiative Measures titled:

1. "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes;"

2. "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark);" and

3. "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)." (20 minutes)

RECOMMENDATION

That the City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark) of the City of Oxnard, call the election for certified initiative measures titled:

1. "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes;"

2. "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark);" and

3. "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)"

by adopting three resolutions which would order consolidation with the November 5, 2024 statewide election, request the County Clerk to conduct the election, and authorize the Board of Supervisors to canvass the returns.

BACKGROUND

1. "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes;"

2. "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark);" and

3. "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)"

The proponents of the three ballot measures are Aaron Starr, Alicia Percell and Daniel Wolkenfeld.

If placed on the ballot, the following questions will be presented to the voters of CFD No. 5:
821

1. Repeal of Community Facilities No. 5 (RiverPark) Special Taxes Shall an ordinance to repeal all special taxes specific to RiverPark (Community Facilities District No. 5), eliminating funding for extra police protection services, neighborhood/park patrols within RiverPark, eliminating funding for maintenance of RiverPark parks and open space, sports fields used for youth baseball and soccer, trails, dog parks at enhanced service levels, eliminating funding for landscaping maintenance, flood and storm protection services -- be adopted?

2. Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark)
Shall an ordinance reducing potential funding by half for RiverPark’s enhanced police protection, patrols within RiverPark, reducing potential funding by half for maintaining RiverPark parks, open space, sports fields for youth baseball/soccer, reducing potential funding by half for landscaping, reducing potential funding by half for flood/storm protection services, by reducing by half the maximum special taxes for Community Facilities District No. 5 (RiverPark) -- be adopted?

3. Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark) Shall an ordinance imposing limits on how Community Facilities District No. 5 (RiverPark) (CFD) funding is used – including limiting police protection services, reducing CFD funding available for flood and storm protection services, prohibiting using CFD funding to maintain sports fields for youth baseball and soccer, and limiting CFD funding for maintenance of parks, parkways and open space to beyond that of “standard municipal services” – be adopted?

STRATEGIC PRIORITIES

FINANCIAL IMPACT

According to the County Elections Office, the estimated cost of the election is $16,500 plus legal publication costs.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Kenneth Rozell, Chief Assistant City Attorney, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Resolution Calling Election (CFD5) _ Repeal measure_

2. Exhibit A_ Ordinance Repeal of CDF 5 Special Taxes

3. Exhibit B_ Request for Specified Election Services Ballot Measures

4. Resolution Calling Election (CFD5) _ Reduction of max tax measure_

5. Exhibit A_ Ordinance Reduction of Maximum Special Taxes for CFD 5

6. Exhibit B_ Request for Specified Election Services Ballot Measures

7. Resolution Calling Election (CFD5) _ Limitations on Uses measure_

8. Exhibit A_ Ordinance Limitations on Uses of Special Taxes for CFD 5

9. Exhibit B_ Request for Specified Election Services Ballot Measures

822
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD,

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK), ORDERING AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A MEASURE TITLED “REPEAL OF COMMUNITY FACILITIES NO. 5 (RIVERPARK) SPECIAL TAXES”, REQUESTING THE COUNTY CLERK TO CONDUCT

THE ELECTION, AND AUTHORIZING THE BOARD OF SUPERVISORS TO

CANVASS THE RETURNS
WHEREAS, the proponents of an initiative measure, Aaron Starr, Alicia Percell and Daniel Wolkenfeld (the “Proponents”), submitted to the City Clerk a Notice of Intention to Circulate Initiative Petition that proposed to adopt an ordinance that eliminate funding generated by Community Facilities District No. 5 (RiverPark); and
WHEREAS, on May 9, 2024, the Ventura County Registrar of Voters verified that the Proponents submitted the required number of valid signatures sufficient for the initiative measure to qualify for the ballot; and
WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of Community Facilities District No. 5 (Riverpark) of the City of Oxnard (hereafter, “CFD No. 5”), received and filed certificates of sufficiency for the initiative measure; and
WHEREAS, pursuant to California Elections Code Section 9215, the City Council, acting as the legislative body of CFD No. 5, must either: (a) adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented; (b) submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405; or (c) order a report pursuant to Elections Code Section 9212 (“9212 Report”) at the regular meeting at which the certification of the petition is presented; and WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of CFD No. 5, ordered a 9212 Report to consider the impacts or effects of the initiative on the City; and
WHEREAS, the City Council, acting as the legislative body of CFD No. 5, received the 9212 Report on June 18, 2024; and
WHEREAS, California Elections Code Section 1405 provides that the election for a municipal or district initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election, unless the governing body calls a special election.

NOW, THEREFORE, the City Council of the City of Oxnard, acting as the legislative body of Community Facilities District No. 5 (RiverPark), hereby resolves as follows:
823
SECTION 1. The foregoing recitals are adopted as the findings of the City Council of the City of Oxnard, acting as the legislative body of CFD No. 5, as though fully set forth herein.

SECTION 2. The initiative measure shall be submitted to the voters of CFD No. 5 at the regular election to be held on November 5, 2024.

SECTION 3. This Resolution is adopted pursuant to Elections Code Section 10403 requesting that the Board of Supervisors of Ventura County, pursuant to Elections Code Section 10401, order that this election of CFD No. 5 be consolidated with the statewide general election to be held on November 5, 2024, which consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418.

SECTION 4. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of CFD No. 5, on November 5. 2024.

SECTION 5. Pursuant to Elections Code Section 10002, the Board of Supervisors is requested to permit the County Clerk to render the services and supplies shown on Exhibit B, which is attached hereto and a made a part hereof, and any and all other services and supplies necessary to complete the election on November 5, 2024.

SECTION 6. The City Manager is authorized to execute all documents and to perform all necessary acts to enter into one or more agreements for the provisions of election services consistent with this Resolution.

SECTION 7. The text of the proposed ordinance is attached to this Resolution as Exhibit A.

The text of the proposed ordinance shall be printed in the ballot materials; a copy of the measure shall be available for public inspection in the City Clerk’s office located at 300 West Third Street, 4th Floor in the City of Oxnard. If not provided in the voter guide, upon request, copies will be sent at the expense of the City.

SECTION 8. The ballot question shall be substantially as follows:

YES
REPEAL OF COMMUNITY FACILITIES NO. 5
(RIVERPARK) SPECIAL TAXES
Shall an ordinance to repeal all special taxes specific to RiverPark (Community Facilities District No. 5), eliminating funding for extra police protection services, neighborhood/park patrols within RiverPark, eliminating funding for maintenance of RiverPark parks and open space, sports fields used for youth baseball and soccer, trails, dog parks at enhanced service levels, eliminating funding for landscaping maintenance, flood and storm protection services -- be adopted?
NO
824
SECTION 9. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 10. The City Council, acting as the legislative body of CFD No. 5, directs the City Clerk to transmit a copy of the initiative measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 in the manner required by law.

SECTION 11. The initiative measure shall only pass if a majority of votes cast on the measure are “yes” votes.

SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 14. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 15. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution.

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
825
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
826
Exhibit A
827
828
829
830
831
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD,

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK), ORDERING AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A MEASURE TITLED “REDUCTION OF THE MAXIMUM SPECIAL TAXES THAT CAN BE IMPOSED WITHIN COMMUNITIES FACILITIES DISTRICT NO. 5 (RIVERPARK)”, REQUESTING THE COUNTY CLERK TO CONDUCT THE

ELECTION, AND AUTHORIZING THE BOARD OF SUPERVISORS TO

CANVASS THE RETURNS
WHEREAS, the proponents of an initiative measure, Aaron Starr, Alicia Percell and Daniel Wolkenfeld (the “Proponents”), submitted to the City Clerk a Notice of Intention to Circulate Initiative Petition that proposed to adopt an ordinance that would result in a 50 percent reduction in the potential amount of CFD funding available to provide services within the RiverPark community; and
WHEREAS, on May 9, 2024, the Ventura County Registrar of Voters verified that the Proponents submitted the required number of valid signatures sufficient for the initiative measure to qualify for the ballot; and
WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of Community Facilities District No. 5 (Riverpark) of the City of Oxnard (hereafter, “CFD No. 5”), received and filed certificates of sufficiency for the initiative measure; and
WHEREAS, pursuant to California Elections Code Section 9215, the City Council, acting as the legislative body of CFD No. 5, must either: (a) adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented; (b) submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405; or (c) order a report pursuant to Elections Code Section 9212 (“9212 Report”) at the regular meeting at which the certification of the petition is presented; and WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of CFD No. 5, ordered a 9212 Report to consider the impacts or effects of the initiative on the City; and
WHEREAS, the City Council, acting as the legislative body of CFD No. 5, received the 9212 Report on June 18, 2024; and
WHEREAS, California Elections Code Section 1405 provides that the election for a municipal or district initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election, unless the governing body calls a special election.
832
NOW, THEREFORE, the City Council of the City of Oxnard, acting as the legislative body of Community Facilities District No. 5 (RiverPark), hereby resolves as follows:

SECTION 1. The foregoing recitals are adopted as the findings of the City Council of the City of Oxnard, acting as the legislative body of CFD No. 5, as though fully set forth herein.

SECTION 2. The initiative measure shall be submitted to the voters of CFD No. 5 at the regular election to be held on November 5, 2024.

SECTION 4. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of CFD No. 5, on November 5. 2024.

SECTION 7. The text of the proposed ordinance is attached to this Resolution as Exhibit A.

YES

REDUCTION OF THE MAXIMUM SPECIAL TAXES THAT

CAN BE IMPOSED WITHIN COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK)
Shall an ordinance reducing potential funding by half for RiverPark’s enhanced police protection, patrols within RiverPark, reducing potential funding by half for maintaining RiverPark parks, open space, sports fields for youth baseball/soccer, reducing potential funding by half for landscaping, reducing potential funding by half for flood/storm protection services, by reducing by half the maximum special taxes for Community Facilities District No. 5 (RiverPark) -- be adopted?
NO
SECTION 9. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 11. The initiative measure shall only pass if a majority of votes cast on the measure are “yes” votes.

SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 14. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 15. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution.

PASSED AND ADOPTED THIS 18th Day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:
834
ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
835
Exhibit A
836
837
838
839
840
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD,

ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 5 (RIVERPARK), ORDERING AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 TO CONSIDER THE ADOPTION OF A MEASURE TITLED “LIMITATIONS ON USES OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 5 (RIVERPARK)”,

REQUESTING THE COUNTY CLERK TO CONDUCT THE ELECTION,

AND AUTHORIZING THE BOARD OF SUPERVISORS TO CANVASS THE

RETURNS
WHEREAS, the proponents of an initiative measure, Aaron Starr, Alicia Percell and Daniel Wolkenfeld (the “Proponents”), submitted to the City Clerk a Notice of Intention to Circulate Initiative Petition that proposed to adopt an ordinance that would impose limits on the way in which CFD No. 5 funding is used; and
WHEREAS, on May 9, 2024, the Ventura County Registrar of Voters verified that the Proponents submitted the required number of valid signatures sufficient for the initiative measure to qualify for the ballot; and
WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of Community Facilities District No. 5 (Riverpark) of the City of Oxnard (hereafter, “CFD No. 5”), received and filed certificates of sufficiency for the initiative measure; and
WHEREAS, pursuant to California Elections Code Section 9215, the City Council, acting as the legislative body of CFD No. 5, must either: (a) adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented; (b) submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405; or (c) order a report pursuant to Elections Code Section 9212 (“9212 Report”) at the regular meeting at which the certification of the petition is presented; and WHEREAS, at the May 21, 2024 Oxnard City Council meeting, the City Council, acting as the legislative body of CFD No. 5, ordered a 9212 Report to consider the impacts or effects of the initiative on the City; and
WHEREAS, the City Council, acting as the legislative body of CFD No. 5, received the 9212 Report on June 18, 2024; and
WHEREAS, California Elections Code Section 1405 provides that the election for a municipal or district initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election, unless the governing body calls a special election.
841
NOW, THEREFORE, the City Council of the City of Oxnard, acting as the legislative body of Community Facilities District No. 5 (RiverPark), hereby resolves as follows:

SECTION 1. The foregoing recitals are adopted as the findings of the City Council of the City of Oxnard, acting as the legislative body of CFD No. 5, as though fully set forth herein.

SECTION 2. The initiative measure shall be submitted to the voters of CFD No. 5 at the regular election to be held on November 5, 2024.

SECTION 4. Pursuant to Elections Code Section 10411, the Board of Supervisors is authorized to canvass the returns of the election to be held within the boundaries of CFD No. 5, on November 5. 2024.

SECTION 7. The text of the proposed ordinance is attached to this Resolution as Exhibit A.

YES

LIMITATIONS ON USES OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 5 (RIVERPARK)
Shall an ordinance imposing limits on how Community Facilities District No. 5 (RiverPark) (CFD) funding is used – including limiting police protection services, reducing CFD funding available for flood and storm protection services, prohibiting using CFD funding to maintain sports fields for youth baseball and soccer, and limiting CFD funding for maintenance of parks, parkways and open space to beyond that of “standard municipal services” – be adopted? NO
SECTION 9. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 11. The initiative measure shall only pass if a majority of votes cast on the measure are “yes” votes.

SECTION 12. In all particulars not recited in this Resolution, the election shall be held and conducted in the manner required by law.

SECTION 14. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk.

SECTION 15. The City Clerk shall publish a copy of this Resolution in a newspaper of general circulation once within fifteen (15) days after the adoption of this Resolution.

PASSED AND ADOPTED THIS 18th Day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:
843
ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
844
Exhibit A
845
846
847
848
849

Oxnard City CouncilJune 18, 2024

Oxnard City Council
June 18, 2024