Agenda packet — Oxnard City Council, July 2, 2024 (part 1 of 2)

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

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

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street July 2, 2024
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 834 0110 0172

3. Passcode: 180925
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

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

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

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

AMENDED AGENDA
Consent – Item J.8 Added
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 2, 2024 PAGE 2

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council, Parking Authority, and Oxnard Housing Authority.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. APPOINTMENT ITEMS (5:00 PM)

1. SUBJECT: Update on Bicycle and Pedestrian Improvements. (20 minutes)

2. SUBJECT: Parks, Recreation and Community Services Commission Annual Report. (20 minutes)

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

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of July 2024 as "Parks and Recreation Month."

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

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

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 2, 2024 PAGE 3

Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. Public Works Department
SUBJECT: Continuation of an Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION: That the City Council review and approve the continuation of the City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 for the replacement of the Data Center Cooling System.

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-jQaUAa9It0
Legislative Body: City Council
Contact: Michael Wolfe, Robert Ruben, (805) 385-8055, (805)385-7554 G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

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

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

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

J. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 4, 2024 regular meeting as presented.

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

2. Finance Department
SUBJECT: Second Amendment to Agreement for TG Consulting Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to the Agreement with TG Consulting Services to increase the amount by $146,000 for a new amount not to exceed $290,937.50, and extending the term one year to June 30, 2025, for services as the Subject-Matter Expert for the full integration of Tyler’s EPL Licensing Module and for fully training licensing staff.

Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 2, 2024 PAGE 4

Contact: Javier Chagoyen-Lazaro, (805) 200-5400

3. Public Works Department

SUBJECT: Public Project Agreement 32500032 with Innovative Engineering Systems, Inc., dba Agilitech for Oxnard Water System SCADA Improvement Project (Rebid), Specification No. PW 20-97R.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $746,367 in Project funds for the Oxnard Water System SCADA Improvement Project (Rebid), Specification No. PW 20-97R;

2. The Mayor to Execute an Agreement with Innovative Engineering Systems, Inc., dba Agilitech in the amount of $597,094 with a contingency amount of $89,564 (15%) for a total not to exceed contract amount of $686,658 for the Project; and

3. A Project allocation amount of $59,709 (10%) for engineering, inspection, survey and project management for the Project.

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Housing Department
SUBJECT: Oxnard Downtown Management District Ballot.

RECOMMENDATION: That the City Council and Parking Authority:

Authorize the City Manager, or his designee, to sign, on behalf of the City of Oxnard and Parking Authority, as owners of certain properties located in the Oxnard Downtown Management District (“District”), a ballot in support of the District renewal.

That the Oxnard Housing Authority Board of Commissioners:

Authorize the Executive Director, or his designee, to sign, on behalf of the Housing Authority, as owners of certain properties located in the Oxnard Downtown Management District, a ballot in support of the District renewal.

(This item did not originate in Committee.)
Legislative Body: City Council, Parking Authority, and Oxnard Housing Authority Contact: Emilio Ramirez, (805) 385-8094

5. Cultural & Community Services Department
SUBJECT: Amendment to Agreement (8503-18-LI) with Baker & Taylor, LLC. for the Purpose of Purchasing Library Materials.

RECOMMENDATION: That the City Council approve and authorize the Mayor to:

1) Approve a Second Amendment to Agreement 8503-18-LI with Baker & Taylor, LLC in the amount of $190,000 for a total agreement value of $1,140,000; and

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 2, 2024 PAGE 5

2) Extend the term of the Agreement to June 30, 2025, for the purpose of purchasing library materials, cataloging and processing.

Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994

6. City Attorney Department
SUBJECT: Readoption of Resolutions Calling the Election for Four Measures for Community Facilities District No. 5 (RiverPark).

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

1. 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 readopting 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; and

2. Call the election for certified initiative measures titled:
a. "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes;" b. "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark);" and
c. "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)"

by readopting 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.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/zN80-molHQg
Legislative Body: City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark)
Contact: Stephen Fischer, Rose Chaparro, (805) 385-7483, (805) 385-7805

7. Police Department
SUBJECT: Ventura County Animal Services Agreement FY 2024-25.

RECOMMENDATION: That the City Council approve and authorize the Mayor to sign a Service Level Request in the amount of $2,647,277 for FY 24-25 for the fifth year of a five-year agreement (A-8151) with the County of Ventura to provide animal safety services.

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

8. Finance Department
SUBJECT: Resolution Amending the Citywide Classification and Salary Resolution.

RECOMMENDATION: That the City Council approve the resolution amending the Citywide Classification and Salary Resolution.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 2, 2024 PAGE 6

K. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Public Hearing on the Renewal and Expansion of the Oxnard Downtown Management District. (30 minutes)

RECOMMENDATION: That City Council:

1. Conduct a public hearing concerning the renewal and expansion of the Oxnard Downtown Management District ("District") and tabulate the ballots for and against its renewal.

2. If a weighted majority of the ballots are in support of the renewal of the District, adopt a resolution renewing the District and levying assessments in the District for fiscal year 2024-2025 to fiscal year 2028-2029.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2rIAxH7yW6Y
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
L. REPORTS

1. Police Department
SUBJECT: Police Department 2023 Annual Military Equipment Use Report. (20 minutes)

RECOMMENDATION: That the City Council:

1. Receive the Police Department's annual report concerning its inventory and use of military equipment, in accordance with Government Code sections 7070-7075.

2. Approve the renewal of City of Oxnard Ordinance 3014, which is codified in Oxnard City Code Section 2-112 as the City’s “Military Equipment Policy” as required by Government Code section 7071 (e)(1).

3. Approve the continuing authorization for the funding, acquisition, and use of military equipment by the Oxnard Police Department’s military equipment inventory as required by Government Code section 7071 (e)(2).

4. Approve the acquisition and use of the following military equipment items:
a. One (1) Transcend tactical Robotic device
b. Nineteen (19) 40mm projectile launchers
c. Twenty-two (22) .223 caliber rifles
d. Five hundred and sixty (560) 40mm projectile rounds and eight (8) sponge round training kits.
(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/hO9GtnYMzKE
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

2. City Attorney Department
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 2, 2024 PAGE 7

SUBJECT: Introduction of Ordinance Prohibiting City Subsidy of Services Previously Funded by a Special District Under Specific Circumstances. (15 minutes)

RECOMMENDATION: That the City Council introduce and waive further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE VIII TO CHAPTER 2 OF THE OXNARD CITY CODE TO PROHIBIT THE CITY FROM

SUBSIDIZING SERVICES PREVIOUSLY FUNDED BY A COMMUNITY FACILITIES

DISTRICT, LANDSCAPE MAINTENANCE DISTRICT OR WATERWAYS ASSESSMENT

DISTRICT IF RESIDENTS OF THOSE SPECIAL DISTRICTS VOTE TO TERMINATE OR

REDUCE SUCH FUNDING

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/jNfE0H16efQ
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

3. City Attorney Department
SUBJECT: Introduction of Ordinance Establishing a Tobacco Retailer Cap. (15 minutes)

RECOMMENDATION: That the City Council introduce and waive further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 11-377 OF THE OXNARD CITY CODE BY ESTABLISHING A CAP ON THE

NUMBER OF TOBACCO RETAILER PERMITS THAT MAY BE ISSUED BY THE CITY WITH CERTAIN EXCEPTIONS.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/O86ypGp-ARA
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

4. Finance Department
SUBJECT: City of Oxnard Annual Investment Policy for the Fiscal Year 2024-25, and Annual Delegation of Investment Authority. (10 minutes)

RECOMMENDATION: That the City Council:

1. Adopt a resolution adopting FY 2024-25 investment policy for the City of Oxnard.

2. Adopt a resolution delegating investment authority to the City Chief Financial Officer.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/UGotl3jSinM
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
M. ADJOURNMENT

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8 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. B.1

DATE: July 2, 2024

TO: City Council

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

SUBJECT: Update on Bicycle and Pedestrian Improvements. (20 minutes)

RECOMMENDATION

That the City Council receive and file an Update on Bicycle and Pedestrian Improvements.

Presentation will be provided live by the City Engineer.

BACKGROUND

The Public Works Department is providing an update on the City's bicycle and pedestrian improvements.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS
None

9 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. B.2

DATE: July 2, 2024

TO: City Council

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

SUBJECT: Parks, Recreation and Community Services Commission Annual Report. (20 minutes)

RECOMMENDATION

That the City Council receive the Parks, Recreation and Community Services Commission Annual Report.

Presentation will be provided live by members of the Parks, Recreation, and Community Services Commission and City staff.

BACKGROUND

The Public Works Department provides the Parks, Recreation and Community Services Commission Annual 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

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS
None

10 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. F.1

DATE: July 2, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]

SUBJECT: Continuation of an Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION

That the City Council review and approve the continuation of the City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 for the replacement of the Data Center Cooling System.

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/- jQaUAa9It0

BACKGROUND

On June 4, 2024, the City Council ratified the City Manager’s emergency order, per Oxnard City Code Section 4-20(B), to implement emergency procurement procedures pursuant to Public Contract Code section 22050 for the replacement of the City’s Data Center Cooling System, which experienced a catastrophic failure. The emergency procedures allow for the replacement of City facilities when immediate action is required to preserve public facilities and procure the necessary equipment, services, and supplies without giving notice requesting bids for public contracts.

The emergency at issue was declared on May 23, 2024, by the City Manager, after reviewing information provided by the City’s Chief Information Officer and a recommendation from the Public Works Director. The City Manager found there was substantial evidence that the failure of the cooling system in the City’s Data Center created an emergency posing a significant risk to City property and essential city services. The City Manager took immediate action and ordered the implementation of emergency procurement procedures to purchase and install a new cooling system without utilizing the City’s formal procurement and bidding procedures.

DISCUSSION

Pursuant to Public Contract Code 22050, the Emergency Order of the City Manager must be reviewed and approved by the City Council at each regularly scheduled meeting until the emergency is abated. To date, the situation with the cooling system in the City’s Data Center has not progressed enough to declare the emergency over. Since the ratification of the emergency order at the June 4, 2024, Council meeting, the following actions have been taken or are anticipated to be completed before July 2, 2024, as of the drafting of this staff report:

1. Three specialized HVAC (Heating, Ventilation, Air-conditioning) contractors have been contacted to provide estimates for the emergency replacement of the City Data Center cooling system; 11 2. Staff has conducted site visits with certain HVAC contractors to determine the scope of work required for a full replacement of the cooling system;

3. Received proposals from contractors; and

4. Select a contractor

The next steps will be:

1. Finalize an agreement with costs with the selected contractor; and

2. Work with Facilities staff, Community Development staff, IT staff, and occupants of the building to coordinate the replacement work.

Staff will return to Council with another update or a recommendation to declare the emergency over as required by Code.

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 proposed recommendation does not have any financial impact. The current cost estimate to purchase and install a new cooling system is approximately $250,000. Additional work and/or purchases may be required to complete the project and therefore this current cost is only an estimate. This will be funded from the operating budget from available appropriations in the Information Technology Fund (7311804-53200 and 7311804-56040). A final project total will be provided to the City Council.

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.

Prepared by: Michael Wolfe, Public Works Director, Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. June 4, 2024 Staff Report

2. June 18, 2024 Staff Report

3. June 27, 2024 Staff Report

4. Presentation

12 CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5

DATE: June 4, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]

SUBJECT: Ratify Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION

That the City Council review and ratify the following:

1. The City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050; and

2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating the replacement of the City’s Data Center Cooling System; and

3. Authorize the City Manager to enter into any contracts over his spending authority of $200,000.00 that may be required to abate the emergency.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/jehytTJB5nM

BACKGROUND

Oxnard City Code Section 4-20(B), authorizes the City Manager to implement emergency procurement procedures pursuant to Public Contract Code section 22050 for the replacement of City facilities when immediate action is required due to an emergency to preserve public facilities and procure the necessary equipment, services, and supplies without giving notice requesting bids for public contracts.

On May 23, 2024, after reviewing information provided by the City’s Chief Information Officer and a recommendation from the Public Works Director, the City Manager found there was substantial evidence that the failure of a cooling system in the City’s Data Center created an emergency posing a significant risk to City Property and essential city services. As such, the City Manager took immediate action and ordered the implementation of emergency procurement procedures to purchase and install a new cooling system without utilizing the City’s formal procurement and bidding procedures.

DISCUSSION

The City of Oxnard Data Center (located at 300 W. 3rd Street) houses the majority the City’s internal Information Technology (IT) networking infrastructure, including the networking and storage servers responsible for the City’s Billing and Permitting Interactive Voice Response systems, all locally hosted database servers, the Geographic Information System (GIS) mapping system, environmental resources, Document Management System (AKA AppExtender), system backup servers, HTE, fleet systems, and more. Additionally, the City Data Center handles the Internet and external network access for the main city buildings, such as Public Works, Service Center, Water, 13 Wastewater, Environmental Resources, and City Hall. For reference, Internet and external network access are required for all Google products used by all City Staff including email, documents, shared city drives, the Tyler Munis Enterprise Resource Planning (ERP) system, NeoGov, and other cloud-based systems relied upon by the various City Divisions and Departments.

On or about February 6, 2024, the City Data Center’s cooling system (approximately 13 years old) experienced a mechanical failure. The cause of the failure at that time was unknown. The IT Department initiated the standard repair procedure. IT contacted the City’s Facilities Division ("Facilities") to assess the cooling system. Facilities implemented a short-term mitigation plan while the mechanical failure of the system was assessed, and the manufacturer and the City’s on-call repair service provider was contacted to further assess and repair the system. The short-term mitigation plan implemented by Facilities is to run the main building air conditioner and use portable AC units inside the City’s data center to keep it cool, and open the computer room doors from time to time to allow additional airflow.

On March 6, 2024, the on-call service provider informed Facilities and IT Dept. that the cooling system experienced a mechanical failure that could not be fixed or repaired. Additionally, the service provider stated that certain parts could not be replaced to revive the system, due in part to an obsolete design, worn-out components and numerous required replacement components. It is not feasible to repair the system. The service provider recommended a full replacement.

The short-term facilities mitigation plan will not be able to provide the necessary cooling required to safeguard the City’s Data Center, networking, and server equipment on a long-term basis. This mitigation plan is very stopgap in nature, inefficient, and not recommended to maintain the network and server equipment at the appropriate temperature. It is meant as a short-term protocol for when repairs or maintenance are needed.

The City's Data Center services are at a risk of loss if there is a failure within the short-term mitigation plan, such as main building AC or portable units failing or being unable to adequately keep the Data Center cool. At a minimum, the impact of the failure to keep the Data Center cool would result in loss of access to all City systems (other than Public Safety) from within any City facility. Furthermore, the networking equipment may overheat causing physical damage and requiring additional costly replacements and extended network outages. These risks demand immediate action to reduce any further possibility of loss or failure.

The City’s standard two-step procurement process requires a Request for Proposal (RFP) for a design consultant to configure and design the specifications and plans, followed by a Request for Bid (RFB) for the removal and replacement of the Data Center cooling system. This procurement process would take approximately 6 months at a minimum, in which the Data Center could be without an adequate and reliable cooling system. The risk to the City’s Data Center will be exacerbated by the procurement process.

IT and Public Works have been working on the details for the purchase and installation of a new cooling system. Public Works has received a preliminary cost proposal to remove the four existing APC in-row chilled water Computer Room Air Conditioner (CRAC) units and the associated rooftop chiller units and replace them with new CRAC units and associated rooftop condenser units. This initial estimate included a long lead time to obtain the necessary equipment to replace the system. As such, staff is evaluating other options and vendors to obtain the necessary equipment and complete the project in an expeditious manner and at the lowest cost possible with the understanding that speed is imperative. Staff will provide recurring updates to Council on this matter, and will return to Council to ratify any necessary contracts for this emergency project.

STRATEGIC PRIORITIES

This agenda item is a routine operational item.

FINANCIAL IMPACT

The current cost estimate to purchase and install a new cooling system is approximately $250,000.00. Additional work and/or purchases may be required to complete the project and therefore this current cost is only an estimate. This will be funded from available appropriations in the Information Technology Fund operating budget in Fiscal Year 2023-24 and/or from the Fiscal Year 2024-25 budget proposed for Council consideration. A final project total will be provided to the City Council.
14 For Finance Use Only: Information Technology Fund (Org. 7311804/ 1801 Obj. 53200 and 56040)

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Michael Wolfe, Public Works Director, Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. Presentation

15 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. D.1

DATE: June 18, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]

SUBJECT: Continuation of an Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Q89638XMkkY

BACKGROUND

DISCUSSION

Pursuant to Public Contract Code 22050, the Emergency Order of the City Manager must be reviewed and approved by the City Council at each regularly scheduled meeting until the emergency is abated. To date, the situation with the cooling system in the City’s Data Center has not progressed enough to declare the emergency over. Since the ratification of the emergency order at the June 4, 2024 Council meeting, the following actions have been taken:

1. Three specialized HVAC (Heating, Ventilation, Air-conditioning) contractors have been contacted to provide estimates for the emergency replacement of the City Data Center cooling system. 16 2. Staff has conducted site visits with certain HVAC contractors to determine the scope of work required for a full replacement of the cooling system.

The next steps will be:

1. Obtain, review, and evaluate all contractor estimates;

2. Select a contractor to provide the required services; and

3. Work with Facilities staff, Community Development staff, IT staff, and occupants of the building to coordinate the replacement work.

Staff will return to Council with another update or a recommendation to declare the emergency over as required by Code.

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 proposed recommendation does not have any financial impact. The current cost estimate to purchase and install a new cooling system is approximately $250,000.00. Additional work and/or purchases may be required to complete the project and therefore this current cost is only an estimate. This will be funded from the operating budget from available appropriations in the Information Technology Fund (7311804-53200 and 7311804-56040). A final project total will be provided to the City Council.

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.

Prepared by: Michael Wolfe, Public Works Director, Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. June 4, 2024 Staff Report

2. Presentation

17 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. H.1

DATE: June 27, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]

SUBJECT: Continuation of an Emergency Order for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)

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

BACKGROUND

DISCUSSION

Pursuant to Public Contract Code 22050, the Emergency Order of the City Manager must be reviewed and approved by the City Council at each regularly scheduled meeting until the emergency is abated. To date, the situation with the cooling system in the City’s Data Center has not progressed enough to declare the emergency over. Since the ratification of the emergency order at the June 4, 2024 Council meeting, the following actions have been taken:

1. Three specialized HVAC (Heating, Ventilation, Air-conditioning) contractors have been contacted to provide estimates for the emergency replacement of the City Data Center cooling system; 18 2. Staff has conducted site visits with certain HVAC contractors to determine the scope of work required for a full replacement of the cooling system; and

3. Received two proposals from contractors

The next steps will be:

1. Obtain, review, and evaluate one more contractor estimate;

2. Select a contractor to provide the required services; and

3. Work with Facilities staff, Community Development staff, IT staff, and occupants of the building to coordinate the replacement work.

Staff will return to Council with another update or a recommendation to declare the emergency over as required by Code.

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

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.

Prepared by: Michael Wolfe, Public Works Director, Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. June 4, 2024 Staff Report

2. June 18, 2024 Staff Report

3. Presentation

19 Continuation of an Emergency Order for
Replacement of the City’s Data Center Cooling
System
City CouncilJuly 2, 2024
Michael L. Wolfe, Director of Public Works
Rob Ruben, Chief Information Officer
20 That the City Council review and approve the continuation of the City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 for the replacement of the Data Center Cooling System.

Recommendation 2
21 On June 4, 2024, the City Council ratified the City Manager’s emergency order, per Oxnard City Code Section 4-20(B), to implement emergency procurement procedures pursuant to Public Contract Code section 22050 for the replacement of the City’s Data Center Cooling System, which experienced a catastrophic failure.

The emergency procedures allow for the replacement of City facilities when immediate action is required to preserve public facilities and procure the necessary equipment, services, and supplies without giving notice requesting bids for public contracts.

BACKGROUND 3
22 The emergency at issue was declared on May 23, 2024, by the City Manager, after reviewing information provided by the City’s Chief Information Officer and a recommendation from the Public Works Director.

The City Manager found there was substantial evidence that the failure of the cooling system in the City’s Data Center created an emergency posing a significant risk to City property and essential city services.

The City Manager took immediate action and ordered the
implementation of emergency procurement procedures to
purchase and install a new cooling system without utilizing the City’s formal procurement and bidding procedures.

BACKGROUND 4
23 Pursuant to Public Contract Code 22050, the Emergency Order of the City Manager must be reviewed and approved by the City Council at each regularly scheduled meeting until the emergency is abated. T o date, the situation with the cooling system in the City’s Data Center has not progressed enough to declare the emergency over. Since the ratification of the emergency order at the June 4, 2024, Council meeting, the following actions have been taken or are anticipated to be completed before July 2, 2024, as of the drafting of this staff report:

1. Three specialized HVAC (Heating, Ventilation, Air-conditioning) contractors have been contacted to provide estimates for the emergency replacement of the City Data Center cooling system;

2. Staff has conducted site visits with certain HVAC contractors to determine the scope of work required for a full replacement of the cooling system;

3. Received proposals from contractors; and

4. Selected a contractor
DISCUSSION 5
24 The next steps will be:

1. Finalize an agreement with costs with the selected contractor; and

2. Work with Facilities staff, Community Development staff, IT staff, and occupants of the building to coordinate the
replacement work.

Staff will return to Council with another update or a
recommendation to declare the emergency over as required by Code.

DISCUSSION 6
25 The proposed recommendation does not have any financial impact.

The current cost estimate to purchase and install a new cooling system is approximately $250,000.

Additional work and/or purchases may be required to complete the project and therefore this current cost is only an estimate.

This will be funded from the operating budget from available appropriations in the Information T echnology Fund (7311804-53200 and 7311804-56040).

A final project total will be provided to the City Council.

FINANCIAL IMPACT 7
26 QUESTIONS?
8 27

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1

DATE: July 2, 2024

TO: City Council

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the June 4, 2024 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 06 04 2024 CC Regular Meeting

28 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
June 4, 2024

A. ROLL CALL, POSTING OF AGENDA
At 5:00 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Thir d Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Basua joined the meeting at 5:04 p.m. Councilmember Valenzuela joined the meeting at 5:19 p.m.

Housing Commissioner Jose Andrade attended the meeting in person and arrived at 5:30 p.m. Housing Commissioner Francisco Vega was absent.

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1)).

Name of case: City of Oxnard v. Fox Canyon Groundwater Management Agency
Los Angeles County Superior Court, Case No. 20STCP00929 Legislative Body: City Council

At 5:02 p.m., the City C ouncil recessed into a closed session. At 5:34 p.m., the City Council r econvened in an open session in the Council C hambers. Stephen Fischer, City Attorney announced that no reportable act ions resulted from the closed s ession for item B.1. No public comments were received.

C. OPENING CEREMONIES (5:30 PM)

Mayor Zaragoza led the pledge of allegiance.

29 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 2

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of Proclamation Designating the Month of June 2024 as "Pride Month in the City of Oxnard."

Mayor Zaragoza read the procl amation and presented it to Dafne Aguilar, Victoria Bradley, and other members of the Oxnard LGBTQ + Community of Oxnard, w ho accepted the proclamation and followed with a few words.

2. SUBJECT: Presentation of a Proclamation Designating June 19, 2024 as "Juneteenth Day."

Mayor Zar agoza read the procl amation and present ed it to Angela Mitchell Lander s, Juneteenth Oxnard Co- Chair and other members of the Oxnard Juneteenth Celebration Committee, who accepted the proclamation and followed with a few words and announced the event at Plaza Park.

3. SUBJECT: Presentation of a Proclamation Designating the Month of June 2024 as "Elder and Disability Abuse Awareness Month."

Mayor Zar agoza read the p roclamation and present ed it to Police Sergeant Dale McAlpine and other team members with the Oxnard Police Department , who accepted the proclamation and followed with a few words.

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Jasmine Duran (Elder & Disability Abuse Awareness), and Diedre Frank ( Illegal “Brilliance” event being held at the corner of 5 th Street and Mandalay Beach Road), additional public com ments by a member of the public (did not disclose his name) regarding elderly and disabled abuse . Written comments were received from Walt er Hagedohm, Chair of the Oxnard Shores Neighborhood Council regarding a n event being held at the beach.

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

City Manager Nguyen provided community updates. A reminder that all fireworks are illegal in Oxnard. Report fireworks to the Oxnard Police Department at (805) 307- 6308 or email [email protected]. Please do not dial 911 to repor t fireworks. Durley Pa rk Improvement Project, Community Meeting on Friday, June 14, 2024 at 6:00 p.m. Recap of the 4th Annual Insect Festival.

G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING

AUTHORITY BUSINESS/COMMITTEE REPORTS
30 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 3

The members of the Council provided brief announcements regarding their vario us activities.

Councilmember Perello asked that a discussion about illegal events be placed for discussion at a future Council meeting.

H. REVIEW OF INFORMATION/CONSENT AGENDA

Items J.1 through J-7 were reviewed and discussed among the Council and staff.

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

J. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 7, 2024 regular meeting as presented.

2. Cultural & Community Services Department
SUBJECT: Agreement with the Hueneme School District for the Operations of the After-School Education and Safety Grant.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8551) and Memorandum of Understanding (A- 8552) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount not to exceed $2,225,621.70 to operate the After-School Education and Safety (ASES) program at ten (10) schools with a City match of $54,000 of in-kind services.

(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)

3. Cultural & Community Services Department
SUBJECT: Agreement with the Oxnard School District for the Operations of the After-School Education and Safety Grant.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8550) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,590,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.

(The Community Services Public Safety, Housing & Development Committee approved 3-0 on May 14, 2024.)

31 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 4

4. Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2024-25.

RECOMMENDATION: That the City Council adopt Resolution No. 15,778 to:

1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution. (Public Works and Transportation Committee approved 3-0 on May 14, 2024.)

5. Public Works Department
SUBJECT: Annual Purchase Orders with Accent Wire-Tie to Supply and Deliver Bale Wire for the Del Norte Regional Recycling and Transfer Station.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire-Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)

6. Public Works Department
SUBJECT: Professional Services Agreement 32500012 with Pavement Engineering Inc. for City's Pavement Management Systems Update.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Pavement Engineering Inc. in the amount not to exceed $425,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option for three (3) consecutive one (1) year period extensions, that shall not exceed a total of four (4) years; for a final term ending June 30, 2028, for the City’s pavement management systems update professional services.

(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)

7. Public Works Department
SUBJECT: Second Amendment to A-8135 with Conico Toro, Inc. dba MacValley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment with Conico Toro, Inc. dba Mac Valley Oil Company increasing the contract amount by $50,000 for a total contract amount of $906,100.

32 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 5

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council.)

Consent Items J.1, J.4 – J.7
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

Consent Items J.2 and J.3
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmem ber Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion passed 6-0-1.

Councilmember
Teran recused due to his professional business contracts with the school districts.

K. REPORTS

1. Public Works Department

SUBJECT: Fiscal Year (FY) 2024-25 Landscape Maintenance Districts Initiation of Proceedings to Levy Assessments, Approval of a Consolidated Engineers Report, and Declaration of Intention to Levy Assessments.

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

1. Adopt “Resolution No. 15,779 of the City Council of the City of Oxnard, California, initiating proceedings to levy assessments against real property for fiscal year 2024-25 in connection with the city’s landscape maintenance districts”;

2. Adopt “Resolution No. 15,780 of the City Council of the City of Oxnard, California, approving a consolidated engineer’s report regarding assessments against real property for fiscal year 2024-25 in connection with the city’s landscape maintenance districts”; and

3. Adopt “Resolution No. 15,781 of the City Council of the City of Oxnard, California, declaring its intention to levy assessments against real property for fiscal year 2024-25 in connection with the city’s landscape maintenance districts” setting the Public Hearing for June 18, 2024. (Finance and Governance Committee approved 2-0 on May 14, 2024.)

Michael Wolfe, Public Works Director answered questions. No p ublic comments were received.

It was mo ved by Councilmember Valenzuela, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Teran, and Valenzuela voted i n favor; motion passed 5 -0-2. Mayor Zar agoza recused due to owning property in LMD 3 and Councilmember Perello recused due to owning property in LMD 13. 33 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 6

2. Finance Department

SUBJECT: Increase Appropriations in the FY2023-24 General Fund Operating Budget to Transfer Funds to the State Gas Tax Fund to Restore State Gas Tax Fund Balance.

RECOMMENDATION: That the City Council approve the transfer of funds from the FY 2023-24 General Fund (101) Operating Budget to the State Gas Tax Fund (181) in the amount of $3,300,000, to restore a fund balance deficit of the State Gas Tax for prior year activity, as well as projected budgetary deficits in FY 2023-24 and FY 2024-25.

Javier Cha goyen-Lazaro, Chief Financial Officer was available to answer questions. No public comments were received.

It was mo ved by Councilmember Perello, seconded by Mayor Pro Tem MacDonal d, to approve the recommended action. VOTE: Basua, MacD onald, Madr igal, P erello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

L. PUBLIC HEARINGS

1. Public Works Department
SUBJECT: Five Year Capital Improvement Program (CIP) for Fiscal Years 2025 - 2029.

RECOMMENDATION: That the City Council provide input on the draft CIP and recommend that the City Council:

1. Hold a public hearing to receive public testimony regarding the proposed 2025-2029 City of Oxnard Five-Year CIP;

2. Approve the existing carryover CIP projects and the proposed new funding as outlined in the staff report for Category 1 projects;

3. Reaffirm the carryover CIP projects in Category 2;

4. Approve the project prioritization lists in Categories 3 and 4 outlined in the staff report and adopt the 2025-2029 City of Oxnard Five Year CIP; and

5. Direct staff to finalize the 2025 -2029 CIP and General Fund/Measure O amounts for Category 4 projects once the City’s FY 2024- 25 operating budget has been completed as approved CIP funding allows. (The Public Works and Transportation Committee on April 23, 2024, recommended the item to be forwarded to Council for discussion and review.)

The City Clerk a nnounced the affi davit of publication and stated that no written communications were received.

Councilmembers reported the ex parte communications received on this item. 34 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 7

Michael Wolfe, Public Works Director and Morgan Kessler , City Engineer answered questions.

Mayor Zaragoza ope ned the public testimony portion of the public hearing. P ublic comments were received from Manuel Herrera.

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

Council provided direction to staff and made a motion to move the South Oxnard Library lighting project to number 1 priority, t o conduct a comprehensive assessment proposal for the Oxnard Police Department Headquarters restroom repairs (category 4), and approve the recommended actions.

It was moved by Councilmember Basua, seconded by Councilmember Valenzuela, to approve the recommended action s as amended. VOT E: Basua, MacD onald , Madrigal,
Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

2. Public Works Department
SUBJECT: Fiscal Year (FY) 2024-25 Resolution to Levy Assessments in Mandalay Beach Maintenance District.

RECOMMENDATION: That City Council, acting as the legislative body for the Mandalay Beach Maintenance District:

1. Hold a Public Hearing to receive public testimony regarding the proposed Fiscal Year 2024-25 assessments for the Mandalay Beach Maintenance District; and

2. Adopt Resolution No. 15,782 to levy the special tax assessment for Fiscal Year 2024-25 within the Mandalay Beach Maintenance District for Fiscal Year 2024-25.
(Finance and Governance Committee approved 2-0 on May 14, 2024.)

The City Cl erk a nnounced the affi davit of publication and stated that no written communications were received.

Councilmembers reported that no ex parte communications were received on this item.

Michael Wolfe, Public Works Director and Morgan Kessler, City Engineer were available to answer questions.

Mayor Zaragoza ope ned the public testimony portion of the public hearing. No public comments were received.

Without objection, the Council approved closing the public testimony portion of the 35 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 8

public hearing.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action s as presented. VOTE: Basua, MacDonald , Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

3. Finance Department
SUBJECT: Public Hearing on the Fiscal Year 2024-25 Proposed Budget.

RECOMMENDATION: That the City Council and Housing Authority Board conduct a public hearing on the Fiscal Year (FY) 2024-25 Proposed Budget for the City of Oxnard and Oxnard Housing Authority and provide staff direction regarding any adjustments to the Proposed Budget, in preparation for budget adoption on June 18, 2024.

The City Clerk a nnounced the affi davit of p ublication and stated t hat no written communications were received.

Ashley Golden, Assistant City Manager and Javier Chagoyen -Lazaro, Chief Financial Officer were available to answer questions.

Mayor Zaragoza op ened the public testimony portion of the p ublic hearing. Public comments were received from Bryan Rodriguez and Jackson Piper.

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

Council provided direction to staff and made a motion to approve ($600,000 from General Fund), to move the South Oxnard Library lighting project to number 1 priority; and ($300,000 from General Fund) , to conduct a comprehensive assessment proposal for the Oxnard Police Department Headquarters restroom repairs (catego ry 4), and approve the recommended actions.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action s as presented. VOTE: Basua, MacDonald , Madrigal, Perello, Teran, Valenzuela, Zaragoza, and Housing Authority Commissioner Andrade voted
in favor; motion passed 8-0. Housing Authority Commissioner Vega was absent.

M. REPORTS

1. Public Works Department

SUBJECT: Public Project Agreement 32400521 with Toro Enterprises, Inc., for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSB1L-5129(102).

RECOMMENDATION: That the City Council approve and authorize:
36 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 9

1. A total of $4,309,735 in Project funds for Safe Routes to School Safety and Enhancements, Specification No. PW 22-87, Caltrans Project No. ATPSB1L- 5129(102);

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc., in the amount of $3,591,447 with a contingency amount of $359,144 (10%) for a total not to exceed contract amount of $3,950,591 for the Project;

3. A Project allocation amount of $359,144 (10%) for engineering, inspection, survey and project management for the Project;

4. A total amount of new project budget appropriations of $1,762,810 consisting of $613,000 from the Air Pollution Buydown Fee Fund (Fund 360 Subfund 7010) available fund balance, $855,000 from the Mobility Fee Fund (Fund 350 Subfund 8055) available fund balance, and $294,810 from the General Fund (101) available fund balance for the Safe Routes to School Project (C2212) as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts; and

5. A total amount of budget appropriation transfers of $1,066,925 from the General Fund (101) consisting of $292,761 in the Ventura Boulevard Sidewalk Project (C1305); $293,509 in the La Colonia Green Alleys Project (C1802); $30,655 in the South Oxnard Center Roof Replacement Project (C2010); $100,000 in the Storm Water Catch Basins Project (C2214); and $350,000 from the available FY 2023-24 Public Works Operating Budget to the Safe Routes to School Project (C2212), as well as the corresponding Capital Outlay Fund (301) appropriation transfers in the same amounts.

Michael Wolfe, Public Works Director was available to answer questions. No public comments were received.

It w as mo ved by Councilmember Basua, seconded by Councilmember Valenzuela, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Pe rello, Valenzuela, and Zaragoza voted in favor; motion passed 6- 0-1. Councilmember Teran recused due to his professional business contracts with the school districts.

2. Public Works Department
SUBJECT: Agreements for the Supply and Delivery of Chemicals to Water, Wastewater, and Recycled Water Facilities.

RECOMMENDATION: That the City Council approve and authorize the Mayor to 37 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 10

execute the following Agreements for the supply and delivery of various types of chemicals to Water, Wastewater, and Recycled Water Facilities, each with the initial agreement term ending June 30, 2025, after which each Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029:

1. Agreement 32500003 with JCI Jones Chemicals Inc., in the amount not to exceed $4,525,000;

2. Agreement 32500004 with Northstar Chemical, in the amount not to exceed $2,925,000;

3. Agreement 32500005 with Pencco, Inc., in the amount not to exceed $7,100,000;

4. Agreement 32500008 with King Lee Chemical Co., in the amount not to exceed $1,900,000;

5. Agreement 32500009 with Aquapulse Chemicals, LLC, in the amount not to exceed $900,000;

6. Agreement 32500010 with Hill Brothers Chemical Company, in the amount not to exceed $150,000; and

7. Agreement 32500011 with Univar Solutions USA, Inc., in the amount not to exceed $2,300,000.
(Public Works and Transportation Committee approved 3-0 on May 14, 2024.)

Michael Wolfe, Public Works Director and Tim Beaman, Interim A ssistant Public Works Director were available to answer questions. No public comments were received.

It was moved by Councilmember Basua, seconded by C ouncilmember Madrigal, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

3. Public Works Department
SUBJECT: Resolution for Clean Water State Revolving Fund Increase.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Resolution No. 15,783 adjusting the amount of project expenditures to be reimbursed by proceeds from the Clean Water State Revolving Fund for the Wastewater Division Reliability Improvements Program from $66,700,000 to $88,601,724.

(This item did not originate in Committee as this is an adjustment to the previously approved City Council Resolution 15,123 as listed below.)

Tim Beaman, Interim Assistant Public Works Director was available to answer questions.

No public comments were received.

It was mo ved by Mayor Pro Tem MacDonald , seconded by Councilmember Teran, to 38 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 11

approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

4. Public Works Department
SUBJECT: Extension of Golf Management Agreement A-8157.

RECOMMENDATION: That the City Council approve and authorize the First Amendment to the Golf Course Management Agreement with American Golf Corporation for a time extension only for an additional term of eight months ending on February 28, 2025.

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on February 6, 2024.)

Michael Wolfe, Public Works Directo r was available to answer questions. No public comments were received.

It was mo ved by Councilmember Perello, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

5. Public Works Department
SUBJECT: Ratify Emergency Order for Replacement of the City’s Data Center Cooling System.

RECOMMENDATION: That the City Council review and ratify the following:

1. The City Manager’s emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050; and

2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating the replacement of the City’s Data Center Cooling System; and

3. Authorize the City Manager to enter into any contracts over his spending authority of $200,000.00 that may be required to abate the emergency.

(This item did not originate in Committee.)

Michael Wolfe, Public Works Directo r and Robert Ruben, Chief Information Officer answered questions. No public comments were received.

It was mo ved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Pe rello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

6. Finance Department
SUBJECT: City of Oxnard Bank Administration Signatories and Users of the 39 JUNE 4, 2024 OXNARD CITY COUNCIL PAGE 12

On-line Web Banking Accounts, and Local Agency Investment Fund (LAIF) Authorization.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,784 designating signatories for the City bank accounts, banking administrator, and users of the on-line web banking accounts.

2. Adopt Resolution No. 15,785
authorizing investment of monies in the Local
Agency Investment Fund.

Javier Chagoyen -Lazaro, Chief Financial Officer was available to answer ques tions. No public comments were received.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:36 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

40 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2

DATE: July 2, 2024

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Second Amendment to Agreement for TG Consulting Services.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Second Amendment to the Agreement with TG Consulting Services to increase the amount by $146,000 for a new amount not to exceed $290,937.50, and extending the term one year to June 30, 2025, for services as the Subject-Matter Expert for the full integration of Tyler’s EPL Licensing Module and for fully training licensing staff.

BACKGROUND

In 2023, due to the unforeseen retirement of the Billing and Licensing Department/Licensing Division supervisor, the department found itself with the need for a consultant to provide essential training of staff and serve as a Subject-Matter Expert for the full integration of Tyler’s ERP Licensing Module. The needed services could only be addressed by a thoroughly experienced professional in this specific department. The needed services were not services that were readily available to purchase from a vendor and could only be provided by a qualified and fully experienced consultant, as is TG Consulting Services.

DISCUSSION

TG Consulting Services has over 29 years of experience in municipal licensing with the City of Oxnard's Licensing Division as Treasury Supervisor and License Collector. The consultant has exclusive knowledge and expertise of the City's business tax and permitting process, municipal code, and ordinances that make her the only qualified person to provide the needed services to successfully integrate Tyler’s EPL Licensing module and fully train licensing staff. The current agreement was entered into with TG Consulting Services on January 1, 2023, and First Amended on September 26, 2023. This amendment will extend the expiration of the agreement from June 30, 2024, to June 30, 2025.

The contract extension is due to Tyler’s ERP Licensing Module revised go-live date of April 2025. This has resulted in an extended discovery/implementation phase, thus, requiring the need for the SME to remain on contract to ensure a complete Licensing module implementation. In addition, the Licensing Division recently added a new division supervisor and staff to fill vacancies, requiring extensive departmental training which will allow for uninterrupted licensing services to the community.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT
41 This amendment will increase the amount of the Second Amendment by $146,000 for one year, resulting in a total contract amount of $290,937.50. Funding for this agreement has been included in the Billing and Licensing Division's proposed Fiscal Year 2024-25 budget for professional services.

For Finance use only: 1011202-53200

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Daniel Chavez, Management Analyst II

ATTACHMENTS

1. Agreement For Professional Services TG Consulting Services SIGNED

2. First Amendment to Contract 32300132 TG Consulting Services SIGNED

3. Second Amendment to Contract 32300132 TG Consulting Services

42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
SECOND AMENDMENT TO TG CONSULTING SERVICES AGREEMENT NO. 32300132 (V-05-30-24) Agreement No. 32300132

SECOND AMENDMENT TO TG CONSULTING SERVICES AGREEMENT
This Second Amendment (“Second Amendment”) to the TG Consulting Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 2nd day of July, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and TG Consulting Services (“Consultant”). This Second Amendment amends the Agreement entered into on January 1, 2023, by City and TG Consulting Services. The Agreement previously has been amended on September 26, 2023, by a First Amendment.

City and TG Consulting Services agree as follows:

1. The “amount,” in Section 6 of the Cover Page of the Agreement and First Amendment is hereby amended to increase the agreement by $146,000.00 with a new “Total agreement amount not to exceed $290,937.50.”

2. The agreement ending date of June 30, 2024 is revised and extended to end on June 30,2025.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
64 Agreement No. 32300132

SECOND AMENDMENT TO TG CONSULTING SERVICES AGREEMENT NO. 32300132 (V-05-30-24)

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

CITY OF OXNARD TG CONSULTING SERVICES

John C. Zaragoza, 1 Date Tammy Gutierrez 2 Date Mayor

ATTEST:

N/A
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. 65 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3

DATE: July 2, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32500032 with Innovative Engineering Systems, Inc., dba Agilitech for Oxnard Water System SCADA Improvement Project (Rebid), Specification No. PW 20-97R.

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $746,367 in Project funds for the Oxnard Water System SCADA Improvement Project (Rebid), Specification No. PW 20-97R;

3. A Project allocation amount of $59,709 (10%) for engineering, inspection, survey and project management for the Project.

BACKGROUND

The City uses the Supervisory Control and Data Acquisition (SCADA) process control system to monitor and control processes throughout the entire water system. The existing control center is housed within the Water Division headquarters with additional SCADA facilities at Blending Stations 3, 4, & 5. The headquarters area includes administrative offices, a groundwater desalter facility, groundwater wells, and water blending facilities. The existing automation hardware and software is a variant of Rockwell Automation platforms and is run on an operating system that is no longer supported. Two assessments of the SCADA system have been completed; in 2015 as part of the Public Works Master Plan and in 2018 as a standalone SCADA assessment. The assessments recommend a system-wide design to bring the SCADA system up to a current industry standard and provide documentation and mapping of how it operates in order to best serve the water customers and residents of Oxnard.

The Project scope includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant and work to procure and install new SCADA control center at Water Division headquarters, a back-up server at Blending Station 3, and new equipment at Blending Stations 4 & 5.

The work is tentatively scheduled to begin August 5, 2024 and continue into August 22, 2025 (260 working days) absent any delays for supply chain issues, unforeseen site conditions or weather.

Capital Improvement Program (CIP) Reference:

Project No. C2026– Water System SCADA Improvement - CIP 2025-2029 - Adopted June 4, 2024. 66 DISCUSSION

This project has been bid before but the two bids received were rejected due to errors with the contractor’s submissions.

The notice inviting formal bids (NIFB) on this rebid Project was published on May 16, 2024, and all bids were due on May 31, 2024. The City received two bids, one conforming and one deemed nonresponsive:

Innovative Engineering, Systems, Inc., dba Agilitech: $597,094

The lowest bidder is Innovative Engineering Systems, Inc., dba Agilitech (Agilitech) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Agilitech.

Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff and engineer of record believe that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Agilitech.

In addition to the project award amount of $597,094, Staff recommends authorizing $149,273 for the project, which includes $89,564 for project contingency (15% of the contract costs) and $59,709 for the cost for engineering services and City staff (10% of the contract cost). Staff recommends a project contingency of 15% instead of the traditional 10% because of the complexity of installing, programming, and commissioning a new SCADA system while maintaining normal operation of the water production and distribution. Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $746,367.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $746,367, including the construction agreement, contingency and project allocation. The Oxnard Water System SCADA Capital Improvement Project (C2026) has sufficient budget available in the Water Capital Fund (602), funded via the Water Operating Fund (601).

COMMITTEE OUTCOME

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

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32500032 Agilitech PW 20-97R

67 Agreement No. 32500032
1 CONSTRUCTION CONTRACT

BY AND BETWEEN

THE CITY OF OXNARD
AND INNOVATIVE ENGINEERING SYSTEMS, INC.DBA AGILITECH
FOR

WATER SYSTEM SCADA IMPROVEMENT PROJECT (REBID)
SPECIFICATION NO.: PW 20-97R
THIS C
ONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2024(“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and INNOVATIVE ENGINEERING SYSTEMS, INC., DBA AGILITECH (“Contractor”). Contractor’s license number is 902979. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS, the City requires construction of the Water System SCADA Improvement Project (Rebid) as more fully described in the solicitation documents issued by the City for Specification No. PW 20-97R (the “Project”); and
WHEREAS, on May 16, 2024, the City issued a Notice Inviting Bids and Contract documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

1. RECITAL
S
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
68 Agreement No. 32500032
2 2. CONT
RACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents, all of
which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:
(1) This Contract and its
attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to E
xhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City); (2) Change Orders issu
ed and approved by the City;
(3) Bid Addenda issued
by the City;
(4) Notice In
viting Bids and Instructions to Bidders;
(5) Technica
l Specifications
(6) Special Provisions
(7) General Provisions
(8) Appendices
(9) Plans
(10) Bid Forms and attachment thereto;
(11) Performance Bond;
(12) Payme
nt Bond.

3. CONT
RACTOR’S OBLIGATIONS
a. Contractor will p
erform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and
incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Project Manager.
b. Until the accepta
nce of the Work, the Contractor shall have the responsible charge and care of the
Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work. c. The Contractor shall rebuild, repair, restore, a
nd make good all injuries, losses, damages
to any portion of the Work or the materials occasioned by any cause befor e its completion and
acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.
d. The
suspension of the Work from any cause whatever shall not relieve the Contractor of his respon
sibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the 69 Agreement No. 32500032
3 Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner. e. In an
emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instru
ctions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.
f. Notwithstanding t
he foregoing provisions of this article, the Contractor shall not be responsible
for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications. (i) “Acts of
God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.

4. LICENSE

S REQUIRED
a. The
Contractor shall possess a valid Class C-10 Contractor’s license issued by California State Contractors License
Board.
b. If tra
ffic control in a construction zone is required, it must be performed by a State of California Construction
Zone Traffic Control Contractor, Specialty Classification C-31. c. In a
ccordance with Section 7028.15 of the Business and Professions Code, all Contractors
shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws. d. The
Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and co
mplete compensation for Contractor’s timely performance and completion
of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor FIVE HUNDRED NINETY SEVEN THOUSAND NINETY FOUR DOLLARS, ($597,094.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents. b. Pr
ocedures relating to payment and retention are set forth in the Special Provisions. 70 Agreement No. 32500032
4 6. CONTRACT TIME; NOTICE TO PROCEED; TERM
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of two hundred sixty (260) Working Days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City. b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
c. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2- 10 of the Special Provisions. i) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process. ii) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).
b. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract C ode Section 20104.2 and the provisions of this Section shall apply.
i) In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.
71 Agreement No. 32500032
5 ii) Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).
c. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
• Each Party shall designate a senior management or executive level representative to negotiate any dispute.
• The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
• If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non- binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws. • The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
• The provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit against the City.

8. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
72 Agreement No. 32500032
6 (3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
(4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience; (2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents. d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

9. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract.

73 Agreement No. 32500032
7 b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:

(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;

c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

10. PREVAILING WAGE

a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.

c. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

(1) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the 74 Agreement No. 32500032
8 actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(a) The information contained in the payroll record is true and correct; and

(b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

(3) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

e. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.

f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.

g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:

(1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

75 Agreement No. 32500032
9 (2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

i. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.

11. LIQUIDATED DAMAGES

If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of five hundred dollars ($500) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

12. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation,or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.

13. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

14. INSURANCE

Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in Exhibit INS-G of this Contract. 76 Agreement No. 32500032
10 15. RESERVED

16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.

17. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, 77 Agreement No. 32500032
11 suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract.

Contractor shall require the same indemnification from all Subcontractors.

18. THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.

19. CONFLICTS OF INTEREST
The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”

20. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
78 Agreement No. 32500032
12 c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and the parties specified in Article V of the Master Agreement referenced in Section 14 of this Contract and attached hereto as Exhibit “B”, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

21. NONDISCRIMINATORY EMPLOYMENT
a. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations. b. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.

22. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

23. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

79 Agreement No. 32500032
13 24. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

25. NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

TO CITY: Public Works Department
305 W. Third Street, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: 8800 Crippen Street
Bakersfield, CA 93311

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.

27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

80 Agreement No. 32500032
14 28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

29. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.

30. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

31. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

81 Agreement No. 32500032
15 33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

35. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

36. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

37. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.

38. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and as to form by the City Attorney, and executed by the authorized City personnel or the Mayor.

39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

82 Agreement No. 32500032
16 40. WAIVER
No delay or omission in t
he exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

41. INDEPE

NDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.

42. COUNT

ERPARTS
This Contract may be e
xecuted by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.

43. PROVI

SIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause requ
ired by Law to be inserted in this Contract shall
be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.

44. ATTORNEY'S FEES
If either Party commences an action
against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
83 Agreement No. 32500032
17 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD INNOVATIVE ENGINEERING SYSTEMS,
INC., DBA AGILITECH
____ _____ __________
x John C. Zaragoza, Mayor1 Date David A. Wolfer, CEO 2 Date ☐ Purchasing Manager

Jordan Stockton, Secretary Date
ATTEST:

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

APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CE O 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 partner ship is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-list ed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

84 Agreement No. 32500032
18 EXHIBITS
Exhibit A: Bid Proposal completed by Contractor.

Exhibit INS-G: Insurance Requirements and Sample Acord Forms Bonds
The corresponding exhibits follow
85 EXHIBIT A
86 $597,094.00 *
*calculation correction
*
87 EXHIBIT INS-G

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the
following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liabili ty, in an amount not less t
han $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage fo r 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 Co ntract, 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 Liab
ility Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any serv ices, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by t he 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, contact [email protected]

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

4. Contractor agrees that the Commercial General Liability and Busine ss Automobile Liability Insurance policie
s shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liabilit y arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
88 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, office rs, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/23
89 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City=s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

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

INS-G.doc
90 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 CERTIF ICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

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

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

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE

Rev. 1/23 INS-G.doc
91 GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the City)
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



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

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this 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 inclu ded 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 behal f 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 a fforded by this policy shall be primary ins urance 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 cl aim 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 o r 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 ex cept 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, Aoccurrence@ 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 her ein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to wh ich 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 Si gned

Rev. 1/23 INS-G.doc
92 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the City)
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 $ w

NAMED INSURED

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 in consistent statement in the pol icy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the 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 a fforded by this policy shall be primary ins urance 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.

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

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

Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, condit ions, agreements or exclusions of the policy to wh ich 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

Signature
(original signature required)
Telephone: ( ) Date Si gned
93 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as WATER SYSTEM SCADA IMPROVEMENT PROJECT (REBID) SPECIFICATION NO. PW 20-97R.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 94 Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

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

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated, all Sure ty signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

95 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as WATER SYSTEM SCADA IMPROVEMENT PROJECT (REBID) SPECIFICATION NO. PW 20-97R.

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of D o l l a r s ( $ ) , t h i s
amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, 96 extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

D a t e d :

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated, all Sure ty signatures must be notarized, and evidence of the authority of any person signing as attorney-i n-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
97 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4

DATE: July 2, 2024

TO: City Council, Parking Authority, and Oxnard Housing Authority

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

SUBJECT: Oxnard Downtown Management District Ballot.

RECOMMENDATION

That the City Council and Parking Authority:

That the Oxnard Housing Authority Board of Commissioners:

(This item did not originate in Committee.)

BACKGROUND

On April 30, 2024, the City Council adopted a Resolution of Intent (Resolution No. 15,773) to renew the District for an additional five-year period (January 1, 2025, through December 31, 2029), expand the District, levy and collect assessments therein, and to hold a public hearing on July 2, 2024.

A ballot and informational packet for the renewal of the District was mailed to the property owners within the proposed District boundaries. At the July 2, 2024, public hearing, the City Council will receive public testimony on the renewal of the District and the proposed assessments. The City Clerk will open and count the ballots received at the conclusion of the Public Hearing. In order for the district to be renewed, a weighted majority of ballots received must be in favor of the District renewal.

The City of Oxnard (City), Housing Authority, and Parking Authority are all owners of property within the District. The ballot requests property owners to vote for or against the renewal of the District. The City Manager and Executive Director of the Housing Authority, must be directed to sign the ballot (with either a "Yes" or "No" vote) before the July 2, 2024 public hearing is opened on the District renewal.

The funds levied by the District are critical to the continued revitalization of downtown Oxnard, as they support critical services that not only improve safety and cleanliness but also promote positive activities and events in downtown.

Therefore, Staff recommends that the City Council, Parking Authority and Board of Commissioners authorize the City Manager and Executive Director to sign ballots in support of the District renewal.

STRATEGIC PRIORITIES

98 This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

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

FINANCIAL IMPACT

If the District is renewed, the City will be responsible for paying an annual assessment each year during the five-year term of the renewal. The City, Housing, and Parking Authorities’ cumulative assessment for the first year of the renewed District will be $156,052.78 and may be increased by five percent (5%) per year.

In the City of Oxnard’s adopted 2024-2025 budget, General Funds were approved to support the first year’s assessment.

Ongoing assessment payments will be requested annually as part of the City’s budget process.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. City and Parking Authority Ballot

2. Housing Authority Ballot

3. April 30, 2024-Intent to Renewal the District Staff Report

4. April 30, 2024-FY 23-24 District Annual Update Report Staff Report

99 CITY OF OXNARD - OFFICIAL ASSESSMENT BALLOT

Oxnard Downtown Management District – A Property & Business Improvement District

Being renewed and expanded for five (5) years pursuant to Section 36600 of the California Streets & Highways Code

1. PLEASE MARK EITHER “YES” OR “NO” BELOW

2. PRINT YOUR NAME AND SIGN AND DATE THE BALLOT

3. PUT THE COMPLETED BALLOT IN THE “BALLOT SECRECY ENVELOPE”

4. PUT THE SECRECY ENVELOPE IN THE ENCLOSED STAMPED PRE-ADDRESSED

RETURN ENVELOPE AND PLACE IN MAIL

------------------------------------------------------------------------------------------------------------------------------------------------------------------

(PLEASE REFER TO THE PROPOSED 2024-25 ASSESSMENT ON THE BACKSIDE OF THIS BALLOT)

YES, I APPROVE of the proposed assessment on the parcel(s) identified on this ballot.

NO, I DO NOT APPROVE of the proposed assessment on the parcel(s) identified on this ballot

___________________________________________ ____________ Printed Name Date

 ______________________________________________
Signature of Record Owner or Authorized Representative

I hereby declare, under penalty of perjury under the laws of the State of California, that I am authorized to submit an assessment ballot on behalf of the parcel(s) identified on this assessment ballot.

----------------------------------------------------------------------------------------------------------------------------

Please return ballot either by mail or in person by 4 PM, July 2, 2024 to:

CITY OF OXNARD
CITY CLERK’S OFFICE
300 W. THIRD ST, 4TH FL
OXNARD CA 93030

NOTE: IN ORDER TO BE COUNTED, IF THE DEADLINE SHOWN ABOVE IS NOT MET, THIS ASSESSMENT

BALLOT MUST BE RECEIVED BY THE CITY CLERK IN THE COUNCIL CHAMBERS PRIOR TO THE CLOSE OF

THE PUBLIC INPUT PORTION OF THE PUBLIC HEARING TO RENEW THIS DISTRICT, WHICH IS SCHEDULED TO BEGIN AT 6:00 PM ON TUESDAY JULY 2, 2024. IF A MAJORITY OF ASSE SSMENT BALLOTS RECEIVED (AS WEIGHTED BY ASSESSMENTS) OPPOSE THE DISTRICT ASSESSMENT, THE DISTRICT WILL NOT BE RENEWED, AND THE ASSESSMENTS WILL NOT BE LEVIED.
100

CITY OF OXNARD - OFFICIAL ASSESSMENT BALLOT