Agenda packet — Oxnard City Council, July 16, 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 16, 2024
Closed Session - 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: 876 9272 3556

3. Passcode: 769359
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. 1 AMENDED AGENDA
Consent Item K.6 - Staff report added

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 16, 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.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in two potential cases. Legislative Body: City Council.

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

Name of case: Consolidated Electrical Distributors Inc. v. JTEC Corporation, et al.

Ventura County Superior Court, Case No. 2023CLBC016758
Legislative Body: City Council

3. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Manager
Legislative Body: City Council

4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Attorney
Legislative Body: City Council

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

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 16, 2024 PAGE 3

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of the 2024 Ventura County Fair Poster.

2. SUBJECT: Presentation of a Commendation to Climate First: Replacing Oil & Gas (CFROG) on the Occassion of Their 10th Anniversary.

3. SUBJECT: Presentation of the Oxnard Housing Authority Education Scholarship Program.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

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

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. Public Works Department
SUBJECT: 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/BB0h6ws5QaI
Legislative Body: City Council
Contact: Michael Wolfe, Robert Ruben, (805) 385-8055, (805)385-7554 H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

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

I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 16, 2024 PAGE 4

for discussion later during the meeting.

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 27, 2024 regular meeting as presented.

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

2. Community Development Department
SUBJECT: Planning and Zoning Permit No. 22-300-03 (Final Map for Tentative Subdivision Map No. 6062) for the Santiago Industrial Suites Subdivision.

RECOMMENDATION: That the Oxnard City Council:

1. Accept Final Map No. 6062 (Planning and Zoning Permit No. 22-300-03) for the Santiago Industrial Suites Subdivision;

2. Receive and file a “Notice of Pending Approval” for Subdivision Map No. 6062 (Planning and Zoning Permit No. 22-300-03) by the Community Development Director including signature of “City Council’s Certificate” on the title sheet.

Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

3. Public Works Department
SUBJECT: Third Amendment to Agreement A-8136 with Enterprise Fleet Management.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to the Agreement with Enterprise Fleet Management, Inc. increasing the current agreement value by $8,518,000 for a total not to exceed amount of $15,313,000 and extend the term through April 18, 2026, utilizing the Sourcewell contract 030122-EFM for Fleet Management Services that includes vehicle leasing and maintenance management.

(Public Works and Transportation Committee approved 2-0 on June 25, 2024) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department

SUBJECT: Public Project Agreement 32400551 with West Star Environmental, Inc. for Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid), Specification No. PW 23-13R2.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $301,560 in Project funds for the Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid), Specification No. PW 23-13R2;

2. The Mayor to execute an Agreement with West Star Environmental, Inc. in the amount of 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 16, 2024 PAGE 5

$251,300 with a Project contingency amount of $25,130 (10%) with West Star Environmental, Inc. for a total not to exceed value of $276,430 for the Project;

3. A Project allocation amount of $25,130 (10%) for engineering, inspection, and project management for the Project;

4. Adding Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project to the City of Oxnard Five Year Capital Improvement Program; and

5. A new Fiscal Year 2024-25 project budget appropriation of $301,560 from the Wastewater Operating Fund (611) available fund balance as well as the corresponding Wastewater Capital Fund (612) transfer in / appropriation in the same amount.

(Public Works and Transportation Committee approved 2-0 on June 25, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Police Department
SUBJECT: Response to Grand Jury Report on Ventura County Regional Radio System.

RECOMMENDATION: That the City Council authorize the Mayor to respond, on behalf of the City Council, to the Grand Jury's "Linking First Responders Ventura County Regional Radio System" report dated May 22. 2024.

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

6. Police Department
SUBJECT: MOU with Ventura County for Regional Radio System.

RECOMMENDATION: That the City Council approve and authorize a Memorandum of Understanding between the City of Oxnard and the County of Ventura for Regional Radio System subscription fees for Fiscal Years 2024/2025, 2025/2026, and 2026/2027 at an annual cost of $170,302.00.

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

7. Police Department
SUBJECT: MOU Agreement with Ventura County District Attorney's Office for Internet Crimes Against Children Investigations.

RECOMMENDATION: That the City Council approve and authorize the Mayor to sign a three-year agreement with the Ventura County District Attorney’s Office, with a total agreement amount not to exceed $494,544 for the collaborative partnership between the Police Department and Ventura County District Attorney’s Office for the detection, investigation, and prosecution of Internet Crimes Against Children (ICAC) cases.

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

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

8. City Attorney Department
SUBJECT: Adoption of an Ordinance Prohibiting City Subsidy of Services Previously Funded by a Special District Under Specific Circumstances.

RECOMMENDATION: That the City Council adopt an ordinance titled:
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 16, 2024 PAGE 6

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
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
L. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: Subdivision of a 3.69-acre lot into nine lots to permit the individual sale of the proposed eight buildings on separate lots within a commonly owned parcel, located at 1750 Solar Drive (APN: 213-0-070-055). (15 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

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

3. Adopt a Resolution approving Planning and Zoning Permit No. 22-300-02 for a Tentative Subdivision Map (Tentative Tract Map No. 6078), subject to certain findings and conditions.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/jU9xFiX5p5s
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
M. REPORTS

1. City Attorney Department
SUBJECT: Introduction of Omnibus City Code Update. (10 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

VARIOUS SECTIONS OF THE OXNARD CITY CODE TO REGULATE ELECTION SIGNS,

MODIFY SUBDIVISION MAP ACT SIGNATURE REQUIREMENTS, AMEND SHORT TERM

RENTAL NOTICE REQUIREMENTS, AND STRENGTHEN RENT STABILIZATION AND

JUST CAUSE EVICTION REGULATIONS

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/7mX8v71CAcc
Legislative Body: City Council
6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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Contact: Stephen Fischer, (805) 385-7483

2. Fire Department
SUBJECT: Oxnard EMS Corps Project Update and Staff Request. (10 minutes)

RECOMMENDATION: That the City Council:

1. Receive a report on the progress of the “Oxnard EMS Corps” Workforce Development Project.

2. Approve and Adopt a Resolution to Amend Resolution No. 15,800 Authorizing Full-Time Equivalent Positions Pursuant to Chapter 4 of the City Personnel Rules and Regulations to include an Administrative Services Coordinator Limited-Term Position to fill the Grant EMS Corps Educator Role and the reclassification of the Department’s Community Paramedic Position to an EMS Specialist Senior, to perform grant administration activities and EMT program education.

3. Approve and Adopt a Resolution to Amend Resolution No. 15,801 Authorizing Classification and Salary Schedules Pursuant to Chapter 4 of the City Personnel Rules and Regulations to add and establish the EMS Specialist Senior classification salary schedule, and,

4. Authorize the City Manager or designee to approve budget appropriations for the use of State grant funding (Fund 210) upon award.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iOX8DY6urw0
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

3. Public Works Department
SUBJECT: Five Year Capital Improvement Program for Fiscal Years 2025-2029. (20 minutes)

RECOMMENDATION: That the City Council receive and file the final Capital Improvement Program document, with incorporated changes per City Council direction from the June 4, 2024 City Council meeting

(The Public Works and Transportation Committee recommended the item to be forwarded to Council for discussion and review. The City Council approved this item, with modification, on June 4, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Tmt8vLFQbcQ
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Authorization to Accept a Federal Grant of $3.8M for the Kamala Neighborhood Water Cast Iron Replacement Capital Improvement Project. (10 minutes)

RECOMMENDATION: That the City Council:

1. Accept a federal grant from the U.S. House Transportation and Infrastructure Committee in the amount of $3,806,152 (with 20% local match) for the Kamala Neighborhood Water Cast 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 16, 2024 PAGE 8

Iron Replacement Capital Improvement Project C2228; and

2. Authorize the City Manager to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports.

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ZT-qDx9L-pw
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Human Resources Department
SUBJECT: Resolution Certifying Exception to CalPERS 180 Day Wait Period for Employment of a Retired Annuitant. (10 minutes)

RECOMMENDATION: That City Council adopt a resolution certifying an exception to the CalPERS 180 day wait period for employment following retirement and appoint Jennie Kelly as Interim Assistant City Attorney.

(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/B0sEZKzLqcE
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947
N. ADJOURNMENT

8 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. G.1

DATE: July 16, 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/BB0h6ws5QaI

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 16, 2024, as of the drafting of this staff report:

1. Three specialized HVAC (Heating, Ventilation, Air-conditioning) contractors were contacted to provide estimates for the emergency replacement of the City Data Center cooling system; 9 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 to replace the cooling system

5. Finalized costs with the selected contractor

The next steps will be:

1. Finalize the agreement with the selected company (LDP Associates, Inc. and their subcontractors); 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 current cost for this project is estimated to be $315,375, including the install agreement for $274,239, 10% contingency for $27,424, and 5% project allocation for any labor and other costs for $13,712. 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. July 2, 2024 Staff Report

5. Presentation

10 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, 11 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.
12 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

13 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. 14 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

15 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; 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; 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

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. Presentation

17 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

(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

DISCUSSION

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;

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

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

19 Continuation of an Emergency Order for
Replacement of the City’s Data Center Cooling
System
City CouncilJuly 16, 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 16, 2024, as of the drafting of this staff report:

1. Three specialized HVAC (Heating, Ventilation, Air-conditioning) contractors were 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 to replace the cooling system

5. Finalized costs with the selected contractor
DISCUSSION 5
24 The next steps will be:

1. Finalize the agreement with the selected company (LDP Associates, Inc. and their subcontractors); 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 ● Proposed recommendation does not have any financial impact ● Current cost for this project is estimated to be $315,375, including the install agreement for $274,239, 10% contingency for $27,424, and 5% project allocation for any labor and other costs for $13,712. 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. K.1

DATE: July 16, 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 18, 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 18 2024 CC Regular Meeting

28 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
June 18, 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. Third Street, Oxnard, California.

The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Arthur Valenzuela, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zarago za wer e present in person. Councilmember Gabriel (Gabe) Teran participated virtually.

Councilmember Basua joined the meeting at 6:02 p.m.

Housing Authority Commissioner Jose Andrade and Commissioner Francisco Vega w ere absent.

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance.

C. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Aaron Starr ( amended agenda , c ity ballot measure added), Ray Blattel (citations for fireworks), John Barrick , Ventura County Tax Payers Association (wages for street sweepers).

D. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. Public Works Department
SUBJECT: Continuation of an Emergency Order for Replacement of the City’s 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.)

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

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

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

AUTHORITY BUSINESS/COMMITTEE REPORTS

The me mbers of t he Counci l prov ided b rief announcements regarding their vario us activities.

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

1. City Clerk Department
SUBJECT: Appointment of Member to Serve on the City’s Parks, Recreation and Community Services Commission.

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Joe Garcia to the Parks, Recreation, Community Services Commission representing District 3.

No public comments were received.

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

F. REVIEW OF INFORMATION/CONSENT AGENDA

Items H-1 through H-8 were reviewed and discussed among the Council and staff.

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

H. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the May 21, 2024 30 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 3

regular meeting as presented.

2. City Clerk Department
SUBJECT: Adoption of Resolutions Calling 2024 General Municipal Election.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,786 calling and giving notice of a municipal general election to be held on November 5, 2024, for the election of certain officers; consenting to and requesting election consolidation with the County of Ventura; requesting the County Clerk to render services and supplies; and authorizing the Board of Supervisors to canvass the returns; and

2. Adopt
Resolution No. 15,787 establishing rules governing the submission by candidates of Candidate Statements to be printed in the Voter Information Guide at an election to be held on November 5, 2024.

3. Human Resources Department
SUBJECT: Additional Appropriation for Liability and Property Damage Fund - Fiscal Year 2023-24.

RECOMMENDATION: That City Council approve an additional appropriation in the amount of $2 million to the Public Liability and Property Damage Fund in Fiscal Year 2023-24.

4. Community Development Department
SUBJECT: Planning and Zoning Permit (PZ) No. 22-300-04 (Final Map) for Casa Aliento Subdivision.

RECOMMENDATION: That the Oxnard City Council:

1. Accept Final Map 22-300-04 for the Casa Aliento Subdivision; and

2. Receive and file a “Notice of Pending Approval” for Parcel Map 22-300-04 by the Community Development Director including signature of “City Council’s Certificate” on the title sheet.

3. Authorize the City Clerk to sign the “Abandonment Certificate” for the vacation of roadway and utility easements.

5. Public Works Department

SUBJECT: Adoption of Ordinance No. 3046 Granting the Renewal of the Crimson California Pipeline, L.P. Franchise Agreement to Operate and Maintain a Petroleum Pipeline.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No.
3046 entitled "UNCODIFIED ORDINANCE OF THE CITY OF

OXNARD GRANTING THE RENEWAL OF THE CRIMSON CALIFORNIA
PIPELINE, L.P. FRANCHISE AGREEMENT TO OPERATE AND MAINTAIN A 31 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 4

PIPELINE FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS UNDER, ALONG AND ACROSS HARBOR BOULEVARD" ; and

2. Find that this ordinance is exempt from CEQA pursuant to title 14 California Code of Regulations section 15301(b).

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on May 21, 2024.)

6. 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.

7. Housing Department
SUBJECT: Investment Policy and Guidelines Housing Authority of the City of Oxnard.

RECOMMENDATION: That the City Council recommends that the Board of Commissioners of the Housing Authority of the City of Oxnard approve Resolution H.A.

No.1343 adopting an investment policy and portfolio guidelines for the Housing Authority of the City of Oxnard for FY 2024-2025.

(The Finance and Governance Committee approved 3-0 on May 28, 2024.)

8. Housing Department
SUBJECT: Housing Authority Low Rent Public Housing and Housing Choice Voucher Program Section 8 Budgets for Fiscal Year 2024-2025.

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

1. Adopt Resolution H.A. No.1344
approving the recommended $8,042,472 operating
budget for the Low Rent Public Housing Program for Fiscal Year 2024-2025, as presented for each project area, and approve and authorize the use of $693,999 of unrestricted cash to fund the projected deficit.

2. Adopt
Resolution H.A. No.1345 approving the recommended $34,1 77,979 operating budget for the Housing Choice Vouch er Program S ection 8 for Fiscal Year 2024 -2025, and approve and authorize the use of $436,417 of unrestricted cash to fund the projected deficit.

(The Finance and Governance Committee approved 3-0 on May 28, 2024.)

32 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 5

Consent Items H.1 – H.6
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Ter an, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

Consent Item H.7 – H.8 (City Council and Oxnard Housing Authority) It was moved by Commissioner MacDonald, seconded by Commissioner Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Te ran, Valenzuela, and Zaragoza voted in favor ; motion passed 7-0. Housi ng Authority Commissioners Andrade and Vega were absent.

I. PUBLIC HEARINGS

1. Public Works Department
SUBJECT: Fiscal Year (FY) 2024-25 Resolution No. 15,788 to Levy Assessments in the Waterways Maintenance District.

RECOMMENDATION: That the City Council acting as the legislative body for the Waterways Maintenance District:

1. Hold a public hearing regarding proposed assessments for the Waterways Maintenance District for Fiscal Year 2024-25, and

2. Adopt Resolution No. 15,788
to levy the special assessment on property within the
Waterways Maintenance District for Fiscal Year 2024-25. (Finance and Governance Committee approved 3-0 on May 28, 2024.)

The City Clerk announced the affidavit of publication and stated that no written communications were received.

Anthony Miller, Interim Special Districts Manager was available to answer questions.

Mayor Zaragoza opened 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 public hearing.

It was moved by Councilmember Valenzuela, seconded by Councilmember Perello, to approve the recommended action as pr esented. VOTE: Basua, MacDonald , Madrigal, Perello, Ter an,
Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

2. Public Works Department
SUBJECT: Adoption of Resolution Confirming FY 2024-25 Landscape Maintenance Districts Diagrams and Assessments.
33 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 6

RECOMMENDATION: That City Council, acting as the legislative body for the City’s Landscape Maintenance Districts (LMDs):

1. Hold a public hearing to receive public testimony regarding the proposed Fiscal Year 2024-25 assessments in the City’s LMDs; and

2. Adopt “Resolution No. 15,789 of the City Council of the City of Oxnard, California, Confirming Diagrams and Assessments for Fiscal Year 2024-25 in Connection with the City’s Landscape Maintenance Districts.” (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.)

The City Clerk announced the affidavit of publication and stated that no written communications were received.

Anthony Miller, Interim Special Districts Manager was available to answer questions.

Mayor Zaragoza opened 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 public hearing.

It was moved by Councilmember Basua, seconded by Councilmember Valenzuela, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Ter an, and Valenzuela voted in favor; motion passed 5-0-2.

Mayor Zaragoza recused d ue to owning property in LMD 3 and Councilmember Perello recused due to owning property in LMD 13.

J. REPORTS

1. Finance Department
SUBJECT: Public Safety Property Tax Assessment FY 2024-25.

RECOMMENDATION: That the City Council adopt Resolution No. 15,790 establishing the FY 2024-25 tax rates on property in the City of Oxnard for the payment of voter- approved obligations related to public safety personnel pension expenses.

(The Finance and Governance Committee approved 3-0 on May 14, 2024.)

Javier Chagoyen -Lazaro, Chief Financial Officer 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: Bas ua, MacDonald, Madrigal, Pe rello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

34 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 7

2. Public Works Department
SUBJECT: Fiscal Year (FY) 2024-25 Special Tax Levy for Community Facility Districts Numbers 1, 2, 3, 4, 5, 8, 9 and 2000-3.

RECOMMENDATION: That the City Council acting as the legislative body for Community Facilities Districts (CFD) No. 1, 2, 3, 4, 5, 8, 9 and 2000-3:

1. Adopt Resolution No. 15,791 setting a special tax rate within CFD No. 1 (Westport at Mandalay Bay) for Fiscal Year 2024-25;

2. Adopt Resolution No. 15,792 setting a special tax rate within CFD No. 2 (Westport at Mandalay Bay) for Fiscal Year 2024-25;

3. Adopt Resolution No. 15,793 setting a special tax rate within CFD No. 3 (Seabridge at Mandalay Bay) for Fiscal Year 2024-25;

4. Adopt Resolution No. 15,794 setting a special tax rate within CFD No. 4 (Seabridge at Mandalay Bay) for Fiscal Year 2024-25;

5. Adopt Resolution No. 15,795 setting a special tax rate within CFD No. 5 (Riverpark) for Fiscal Year 2024-25;

6. Adopt Resolution No. 15,796 setting a special tax rate within CFD No. 8 (Sakioka Farms Business Park) for Fiscal Year 2024-25;

7. Adopt Resolution No. 15,797 setting a special tax rate within CFD No. 9 (North Shore at Mandalay Bay) for Fiscal Year 2024-25;

8. Adopt Resolution No. 15,798 setting a special tax rate within CFD No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange) for Fiscal Year 2024-25; and

9. Authorize the Public Works Director, or designee, to execute an agreement for Billing of Direct Assessments with the Ventura County Auditor-Controller to provide the service of placement of direct assessments on the Ventura County Secured Tax Roll.
(Finance and Governance Committee approved 3-0 on May 28, 2024.)

Anthony Miller, Interim Spec ial Districts Manager was available to answer questions. No public comments were received.

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

3. Cultural & Community Services Department
SUBJECT: Ventura County Area Agency on Aging Senior Nutrition Program.

RECOMMENDATION: That the City Council authorize the City Manager to enter into a contract in an amount not to exceed $290,100 with the County of Ventura for the administration of the Senior Nutrition Program.

Terrel Harrison, Cultural & Community Services Director was available to answer questions. No public comments were received.

35 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 8

It was mo ved by Mayor Zaragoza , seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Pe rello, Valenzuela, and Z aragoza voted in favor; motion passed 6- 0-1. Councilmember Teran recu sed due to having a professional business contract with the County of Ventura.

4. Finance Department
SUBJECT: Adoption of Fiscal Year 2024-2025 Proposed Budget.

RECOMMENDATION: 1. That the City Council adopt the following resolutions:
a. Resolution No. 15,799 of the City Council of the City of Oxnard Approving the City Operating and Capital Improvement Budget for Fiscal Year 2024-25; and b. Resolution No. 15,800 of the City Council of the City of Oxnard Authorizing Full- Time Equivalent Positions in the City Service Effective July 1, 2024, in accordance with the Operating Budget for the Fiscal Year 2024-25; and c. Resolution No. 15,801 of the City Council of the City of Oxnard Authorizing Classification and Salary Schedules and Approving the Attached Classification and Salary Schedule; and
d. Resolution No. 15,802 of the City Council of the City of Oxnard Establishing Financial Management Policies; and
e. Resolution No. 15,803 of the City Council of the City of Oxnard Establishing an Appropriation Limit for the Fiscal Year 2024-25; and
f. Resolution No. 15,804 of the City Council of the City of Oxnard Adopting a Master Fee Schedule; and

2. That the Housing Board of Commissioners Adopt Resolution H.A. No.1346 Approving the Housing Authority's Operating Budget for the Fiscal Year 2024-25.

Javier Chagoyen-Lazaro, Chief Financial Officer answered questions. No public comments were received.

It was mo ved by Mayor Zaragoza, seconded by Mayor Pro Tem MacDonald, to approve the recommended action. VOTE: Bas ua, MacDonald, Madrigal, Pe rello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0. Housing Authority Commissioners Andrade and Vega were absent.

5. Finance Department
SUBJECT: Annual Delegation of Investment Authority.

RECOMMENDATION: That the City Council adopt a resolution delegating investment authority to the City Treasurer for FY 2024-25.

(The Finance and Governance Committee approved 2-0 on May 14, 2024.)

This item was pulled from the agenda, no action was taken.

36 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 9

6. Public Works Department
SUBJECT: Agreement 32500017 with GreenCoast Landscapes Inc. for Landscaping Services at Various City Locations.

RECOMMENDATION: That the City Council:

1. Authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year option terms, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.
(Public Works and Transportation Committee approved 3-0 on May 28, 2024.)

Timothy Beaman, Interim Assistant Public Works Director was available to answer questions. No public comments were received.

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

7. Public Works Department
SUBJECT: Second Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Carts and Parts.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement No. A-8368 with Toter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.

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

Eric Zetz, Maintenance and Operations Manager was available to answer questions. No public comments were received.

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

8. Public Works Department
SUBJECT: Agreement 32500013 with Conico Toro, Inc. dba MacValley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute Agreement 32500013 with Conico Toro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for 37 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 10

an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, for the purchase and delivery of lubricants and antifreeze to various City locations. (Public Works and Transportation Committee approved 3-0 on May 28, 2024.)

Jose Arreola, Fleet Services Manager was available to answer questions. No public comments were received.

9. City Attorney Department

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

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

Ken Rozell, Chief Assistant City Attorney ; Steve Howlett, Assistant Public Works Director ; and Russ Branson, Consultant presented and answered questions. Public comments were received from Debbie Mitchell, Mr. Hernandez, Manuel Herrera, and Aaron Starr. Report was received and filed.

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

RECOMMENDATION: That the City Council, acting as the legislative body of Community Facilities District No. 5 (RiverPark) of the City of Oxnard, call the election for a ballot measure titled “City-Sponsored Community Facilities District No. 5 (RiverPark) No Tax Increase, Public Safety, Neighborhood Services Measure" by adopting Resolution No. 15,805
, 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.

Ken Rozell, Chief Assistant City Attorney presented and answered questions. Public comments were received from Ann Walsh, Manuel Herrera, Deb bie Mitchell, Aaron Starr, Rob Rhody, and 38 JUNE 18, 2024 OXNARD CITY COUNCIL PAGE 11

Alicia Percell.

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

11. City Attorney Department

SUBJECT: Calling the Election for Certified Initiative Measures titled:

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

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

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

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

1. Resolution No. 15,806 "Repeal of Community Facilities No. 5 (RiverPark) Special Taxes;"

2. Resolution No. 15,807 "Reduction of the Maximum Special Taxes That Can Be Imposed Within Community Facilities District No. 5 (RiverPark);" and

3. Resolution No. 15,808 "Limitations on Uses of Special Taxes for Community Facilities District No. 5 (RiverPark)"

by adopting three resolutions (Resolutions No. 15,806, 15,807, and 15,808) which
would order consolidation with the November 5, 2024 statewide electi on, request the County Clerk to conduct the election, and authorize the Board of Supervisors to canvass the returns.

Ken Rozell, Chief Assistant City Attorney answered questions. Public comments were re ceived from Rob Rhody. Written comments were received.

It was mo ved by Councilmember Teran, 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.

K. ADJOURNMENT
There being no further b usiness on t he agenda, and wi thout objection, Mayor Zaragoza adjourned the meeting at 9:15 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

39 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: July 16, 2024

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Planning and Zoning Permit No. 22-300-03 (Final Map for Tentative Subdivision Map No. 6062) for the Santiago Industrial Suites Subdivision.

RECOMMENDATION

That the Oxnard City Council:

1. Accept Final Map No. 6062 (Planning and Zoning Permit No. 22-300-03) for the Santiago Industrial Suites Subdivision;

BACKGROUND

On January 2, 2024, the City Council approved Tentative Subdivision Map No. 6062 (Planning and Zoning Permit No. 22-300-03) located at 1400 Graves Avenue and 2301 Santiago Court. Tentative Subdivision Map No. 6062 included the subdivision of a parcel developed with two industrial buildings containing 12 tenant spaces each into 25 lots for condominium purposes.

DISCUSSION

The Final Map (Attachment 1) involves subdividing the 4.16-acre developed property. This Tentative Subdivision Map will subdivide the property to create one lot for common area (containing parking, driveways, landscaping and pedestrian pathways) and 24 lots matching the tenant spaces within the existing buildings to create industrial condominiums. This subdivision will create the ability for each tenant space within each of the industrial buildings to be sold, while creating a common lot and a mechanism for maintenance of common areas (Attachment 2). Filed by Garry Collett, California Commercial Investment Companies, 4530 East Thousand Oaks Boulevard, Suite 100, Westlake Village, California 91362.

In accordance with Chapter 15, Division 3, Section 15-55 of the “Subdivision Ordinance” of the Oxnard City Code, the Community Development Director intends to approve the map within ten business days following this City Council hearing. Within the ten business days following the City Council’s receipt of “Notice of Pending Approval” the City Clerk will attest in signature to the Community Development Director’s approval at that time (see Attachment 2).

The City Engineer/Surveyor has reviewed the Final Map and issued their approval by providing the Verification of Status form indicating that the Final Map, as currently prepared, will be in compliance with the State Subdivision Map Act and Oxnard City Code requirements, and will conform to the previously approved Tentative Subdivision Map No. 6062 (Attachment 3).

40 ENVIRONMENTAL IMPACT

The City Council previously found the Tentative Subdivision Map Categorically Exempt from the State of California Environmental Quality Act (CEQA) Guidelines in accordance with Section 15301(k) (Class 1, Existing Facilities). The acceptance of a Final Map consistent with a Tentative Map, and implementing conditions of approval is Statutorily Exempt from the CEQA Guidelines in accordance with Section 15268 (Ministerial Projects).

STRATEGIC PRIORITIES

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.

FINANCIAL IMPACT

The map provides the opportunity for future development that will result in increased property tax revenue to the City.

COMMITTEE OUTCOME

This Map originated from a City Council public hearing on January 2, 2024, approving Tentative Subdivision Map No. 6062 (Planning and Zoning Permit No. 22-300-03) and the recommended actions are consistent with that action; therefore, this item did not originate in Committee.

Prepared by: Jay Dobrowalski, Planning Supervisor

ATTACHMENTS

1. Final Subdivision Map No. 6062 (Planning and Zoning Permit No. 22-300-03)

2. Notice of Pending Approval - Final Map No. 6062 (Planning and Zoning Permit No. 22-300-03)

3. Verification of Status Form

41 42
43 44

MEMORANDUM

July 16, 2024
TO: City Council
FROM: Jeff Pengilley, Community Development Director
SUBJECT: Notice of Pending Approval - Final Map No. 6062 for the Santiago Industrial Suites subdivision (Planning and Zoning Permit No. 22-300-03). Filed by Garry Collett, California Commercial Investment Companies, 4530 East Thousand Oaks Boulevard, Suite 100, Westlake Village, California 91362.

In accordance with Ordinance 2910, the City Council will receive notification at its regular scheduled meeting of July 16, 2024 that the Community Development Director intends to approve Planning and Zoninng Permit No. 22-300-03, Final Map No. 6062 for the Santiago Industrial Suites subdivision, a 4.16-acre developed, industirally zoned property that will be divided into 25 parcels for condominium purposes located at 1400 Graves Avenue and 2301 Santiago Court, within ten business days following the July 16, 2024 City Council meeting.

On January 2, 2024, the City Council approved Tentative Subdivision Map No. 6062 for the Santiago Industrial Suites subdivision. Tentative Subdivision Map No. 6062 included the subdivision of a developed parcel into 25 lots for condominium purposes.

The subject final map was reviewed for conformance with the City’s conditions of approval and the state Subdivision Map Act (SMA). The City’s engineer has certified that the subject map complies with the Planning Commission and City Council Resolutions which approved the Tentative Parcel Map for this subdivision and complies with the provisions of the SMA.

The Community Development Director’s action may be appealed to the City Council pursuant to the appeal procedures set forth in Section 15-25 of the Oxnard City Code. Questions concerning this pending action can be directed to Jay Dobrowalsk, Planning Supervisor, by calling 805-385-3948 or via email at [email protected]. 45 46

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Third Amendment to Agreement A-8136 with Enterprise Fleet Management.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Third Amendment to the Agreement with Enterprise Fleet Management, Inc. increasing the current agreement value by $8,518,000 for a total not to exceed amount of $15,313,000 and extend the term through April 18, 2026, utilizing the Sourcewell contract 030122-EFM for Fleet Management Services that includes vehicle leasing and maintenance management.

(Public Works and Transportation Committee approved 2-0 on June 25, 2024)

BACKGROUND

The Fleet Services Division of Public Works manages and maintains the City’s 964 fleet vehicles and equipment which include light, medium and heavy-duty vehicles. As part of the management of the City’s fleet, Fleet Services is responsible for the procurement of vehicles including specifications, outfitting, payment of leases, and authorizing repairs.

In 2012, the City of Oxnard Police Department began leasing vehicles through Enterprise Fleet Management’s Lease to Own Program to replace aging vehicles with more efficient ones. The program allows for the leasing of vehicles on terms starting from 12 months and up to 60 months with the option to purchase at the end of the lease term.

On June 18, 2019, City Council approved a three-year agreement A-8136 with Enterprise Fleet Management, Inc. to lease vehicles for the Police Department’s Investigative Services and Administrative Services Bureaus for an amount not to exceed $675,000 utilizing the Sourcewell contract 060618-EFM valid through July 24, 2022. On May 4, 2022, Enterprise renewed its contract with Sourcewell under contract 030122-EFM valid through April 18, 2026.

The First Amendment to the agreement was approved by the City Council on March 17, 2020, authorizing all City departments to utilize current vehicle replacement funds for leasing or future leasing of vehicles as well as enrolling all new leased and city-owned vehicles that qualify into Enterprise’s Maintenance Management Program except for emergency vehicles which are internally serviced by the Fleet Services Division. In addition, the amendment extended the term through December 1, 2025, and increased the agreement value by $3,425,000 for a new contract amount of $4,100,000. Leasing vehicles has allowed City Departments to replace aging, unreliable vehicles that are costly to repair with new vehicles that include updated technology and safety features with little or no money down, and reasonable monthly payments.

On March 29, 2022, the City Council approved a Second Amendment to the agreement increasing the agreement's value by $2,695,000 for a new contract amount of $6,795,000 for the term of the agreement. This was done for budgetary purposes.

47 DISCUSSION

The Enterprise lease agreement has allowed the City to update the fleet with new vehicles without the burden of capital costs to outright purchase new ones. This also is a benefit of avoiding the steep depreciation most vehicles have during the first few years after purchase. It has been beneficial to operations providing new, safe, reliable vehicles. Prior to the lease program, 248 City vehicles needed to be replaced due to various reasons, (i.e. high mileage, safety concerns, inefficiency, and/or no longer cost-effective to maintain or repair), and the average age of the fleet was 14.3 years. Today the average age is 10.8 years resulting in reduced repair and maintenance costs and downtime.

The lease program has also allowed the Police Department to replace dilapidated patrol vehicles, consistently creating a healthy patrol fleet. Having vehicles that are safe, dependable, and able to perform at an optimal level during critical and high-risk situations is vital to the department and community. This program allows the lease of an array of vehicle configurations including but not limited to the following: gasoline, diesel & CNG-fueled vehicles, including Zero Emission Vehicles (ZEV) Electric or Hydrogen fueled vehicles.

City Purchasing Policy allows for the use of governmental-cooperative contracts for the purchase of goods, equipment and contractual services when the contract has been competitively bid and awarded in accordance with local, State, and Federal laws that govern public procurement. Soucewell offers government agencies a cooperative purchasing program that provides competitively solicited cooperative contracts. Enterprise Fleet Management holds a cooperative contract with Sourcewell for Fleet Management Services that includes vehicle leasing and maintenance management. Sourcewell awarded Enterprise Fleet Management Contract No. 030122-EFM. Sourcewell posted the Request for Proposal on January 11, 2022, and recommended the award to Enterprise Fleet Management, Inc. on April 8, 2022, with an expiration date of April 18, 2026.

Over the past three years, the City has leased 143 vehicles. Below is a list of the number of vehicles leased by each department/division.

DEPARTMENT/DIVISION # VEHICLES
PURCHASING 1
ENGINEERING 11
PARKS 15
STREETS 5

COMMUNITY
DEVELOPMENT 7
CODE COMPLIANCE 4
RECREATION 5
WATER 29
SPECIAL DISTRICTS 1
WASTEWATER 20

ENVIRONMENTAL
RESOURCES 9
IT 2
FACILITIES 12
48 FIRE 22
TOTAL 143

Of the aforementioned leased vehicles, 88 were from a list of 248 vehicles on the replacement plan and 55 of the vehicles were leased for increased staff from various departments. The 88 replaced vehicles have been retired and auctioned off by the City’s third-party vendor. In addition, 165 city-owned vehicles are part of the Enterprise Maintenance Management Program (MMP). Currently, Oxnard Police Department has 66 leased vehicles and 63 city-owned vehicles on the MMP.

The City intends to continue to utilize the Enterprise Fleet Management, Inc. Sourcwell contract 030122-EFM for the lease and maintenance of vehicles through the term of the Sourcewell contract, April 18, 2026. Staff recommends amending the current contract with Enterprise utilizing the active Sourcewell contract 030122-EFM.

Based on the current condition of the fleet, the Public Works Fleet Services Division expects to replace an estimated 77 City vehicles over the next two years, which is roughly 47% of the total fleet under the Enterprise Maintenance Program.

This will include the acquisition of ZEV per the State mandate. This Third Amendment to agreement A-8136 will increase the value of the agreement by $8,518,000 for an amount not to exceed $15,313,000 and extend the term through April 18, 2026, which is the expiration of the Sourcewell Contract. The increase will cover monthly lease charges for existing leases, maintenance costs, new lease upfront costs, and monthly lease charges through the term of the agreement for all City Departments.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this amendment is $8,518,000 for a new not-to-exceed contract value of $15,313,000 with Enterprise Fleet Management, Inc. through April 18, 2026. Estimated costs are itemized below.

Current Lease Payments $3,945,300
FY 2024-25 New Lease
Payments $1,416,800
FY 2024-25 New Lease Upfront
Costs $792,000
FY 2025-26 New Lease
Payments $704,000
FY 2025-26 New Lease Upfront
Costs $851,400
FY 2024-25 Maintenance Costs $462,000
FY 2025-26 Maintenance Costs $346,500
TOTAL $8,518,000

Funding for this Agreement has been programmed in the Adopted Fiscal Year 2024-25 Budget from various departments.

Subsequent year allocations for the remainder agreement value will be requested during the annual budget process.

COMMITTEE OUTCOME
49 The Public Works and Transportation Committee approved 2-0 on June 25, 2024 to approve the staff recommendation and to forward the item for Council approval.

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

ATTACHMENTS

1. A-8136 Third Amendment

2. Agreement A-8136 Original, 1st and 2nd Amendments

3. Sourcewell - Enterprise Fleet Contract 030122

50 Agreement No. A-8136

THIRDAMENDMENTTOVEHICLELEASEAGREEMENT
ThisThirdAmendment(“ThirdAmendment”)totheVehicleLeaseAgreement(“Agreement”)ismadeandenteredintointheCountyofVentura,StateofCalifornia,this______dayof__________,20___,byandbetweentheCityofOxnard,amunicipalcorporation(“City”),andEnterpriseFleetManagement,Inc.(EMF)(“Vendor”).ThisThirdAmendmentamendstheAgreemententeredintoonJuly1,2019,byCityandVendor. TheAgreementpreviouslyhasbeenamendedonMarch17,2020,byaFirstAmendment,andonMarch29,2022,byaSecondAmendment.

CityandVendoragreeasfollows:

1. InSection4oftheAgreement(TermoftheAgreement)theexpirationdateofDecember1,2025”isherebyreplacedwith:“April18,2026”

2. InSection6oftheAgreement(Compensation)theamountof“$6,795,000”isherebyreplacedwith:“$15,313,000”

3. Assoamended,theAgreementremainsinfullforceandeffect. [Signaturesonnextpage]
THIRD. AMENDMENTTOVEHICLELEASEAGREEMENT(V-01-17-19))
51 Agreement No. A-8136
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD ENTERPRISE FLEET MANAGEMENT, INC.
☐John C. Zaragoza, Mayor 1 Date John Mills, Vice President Date ☐Jennifer Y ates, Purchasing Agent2
Michael Gerges, Financial Director 3 Date
A TTEST:

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

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000.

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030122-EFM

Rev. 3/2021 1

Solicitation Number: RFP #030122

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Enterprise Fleet Management, Inc., 600 Corporate Park Drive, St. Louis, MO 63105 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Fleet Management Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires April 18, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Equipment, product, or service warranties will be provided by the manufacturer or service provider. Supplier will assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer or service provider. Any manufacturer’s or service provider’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable

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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

In the event that Equipment and Products arrive in a defective or inoperable condition, the Participating Entity must promptly bring any such condition to Supplier’s attention. Supplier will then provide commercially reasonable assist ance to the Participating Entity in any communication or negotiation with the Equipmen t and Product’s manufacturer or dealer, as applicable, with respect to claims relating to such condition.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

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A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

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Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order prior to the applicable Equipment and Product manufacturer or dealer deadline, in whole or in part, immediately upon notice to Supplier in the event of any of the following:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

Any termination thereafter will be governed by the terms and conditions of Supplier’s affiliates’ Master Lease Agreement.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;

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x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should

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note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract, with respect to the subject matter hereof, represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1- 22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

Indemnity obligations between Supplier and any Participating Entity, if any, will be as set forth in the applicable Supplier’s affiliates’ Master Lease Agreement.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated

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or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

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Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

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D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the

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procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). Intentionally omitted.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708).

Intentionally omitted.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Intentionally omitted.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Intentionally omitted.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award

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covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. Intentionally omitted.

J. BUY AMERICAN PROVISIONS COMPLIANCE. Intentionally omitted.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). Intentionally omitted.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

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Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. Intentionally omitted.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Enterprise Fleet Management, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Dain Giesie
Title: Chief Procurement Officer Title: Vice President

Date: ________________________

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Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.

120
Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.

Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
ine
Item Cate or or T pe Offered Comments
90 Services for the acquisition by Sourcewell participating entities, whether by lease or financing, of on-road vehicles of all types or classifications, all weight classes, and all engine types Yes
No
As the largest purchaser of vehicles in
North America, Enterprise has the ability
to acquire vehicles from nearly any
manufacturer. This includes specialty
vehicles and Emergency Response
Vehicles.
*
91 New vehicle service and preparation for the vehicles described in Line 90 above, such as, pre-delivery inspection, parts and accessories installation, and vehicle marking application or installation
Yes
No
Through our Fleet Management programs
we are able to offer all of these services. *
92 Preventative maintenance plans, vehicle maintenance and repair services, and related service level agreements for Sourcewell participating entity on-road vehicle fleets of all types Yes
No
Through our Fleet Management programs
we are able to offer all of these services. *
93 In addition to the solutions described in Lines 90-92 above, proposers may include a complementary offering of the following ancillary services:
i. Short-term rental programs;
ii. Upfitting of after-market programs;
iii. Fleet m anagement information technologies, such as:
telematics, fleet monitoring, fuel management, fuel tank management, and motor pool/fleet sharing software and systems; iv. Roadside assistance including towing, emergency towing, and repairs;
v. Installation, operation, and maintenance of dedicated charging and fueling stations; and
vi. Vehicle battery longevity monitoring and replacement plans.

Yes
No
Through our Fleet Management programs
we are able to offer all of these services.

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure our submission document(s) conforms to the following :

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcew ell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item respon ding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Pricing-Final.xlsx - Tuesday March 01, 2022 14:16:51 Financial Strength and Stability - Enterprise Financial Stability.pdf - Tuesday March 01, 2022 14:16:39 Marketing Plan/Samples - Sample Marketing Plan.pdf - Tuesday March 01, 2022 14:19:21 WM8E/M8E/S8E or Related Certificates - Wade Ford 2022 GMSDC Certificate.pdf - Tuesday March 01, 2022 14:27:57 Warranty Information - Sample Warranty Information.pdf - Tuesday March 01, 2022 14:26:14 Standard Transaction Document Samples - Sample Quote 2427574.pdf - Tuesday March 01, 2022 15:27:53 Upload Additional Document - Sourcewell Submission.zip - Tuesday March 01, 2022 14:20:22

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123

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: July 16, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32400551 with West Star Environmental, Inc. for Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid), Specification No. PW 23- 13R2.

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $301,560 in Project funds for the Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid), Specification No. PW 23-13R2;

2. The Mayor to execute an Agreement with West Star Environmental, Inc. in the amount of $251,300 with a Project contingency amount of $25,130 (10%) with West Star Environmental, Inc. for a total not to exceed value of $276,430 for the Project;

3. A Project allocation amount of $25,130 (10%) for engineering, inspection, and project management for the Project;

4. Adding Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project to the City of Oxnard Five Year Capital Improvement Program; and

(Public Works and Transportation Committee approved 2-0 on June 25, 2024.)

BACKGROUND

The Oxnard Water Resource Recovery Facility (WRRF) is equipped with two 10,000-gallon fuel tanks which play a critical role in supporting daily operations. These tanks are used for fueling wastewater vehicles and standby generators in the plant and at lift stations. The gas fuel station was installed in 1999 and the diesel fuel station was installed in 2002.

There have not been any modifications or upgrades to the fuel station since installation.

The fuel station requires the replacement of aging equipment to maintain the reliability and functionality of the system.

The primary components in need of replacement include the fuel pumps and dispensers, piping, and fuel management system. The wastewater environment and the facility’s proximity to the ocean subjects the equipment to harsh environmental conditions. Over time, these conditions have caused the deterioration of the existing fuel pumps and piping. The corrosion and wear degrades the equipment’s performance, which may result in the complete failure of the system. Replacing the fuel station equipment is essential to ensuring uninterrupted service and operational readiness.

Capital Improvement Program (CIP) Reference:

The scope of work for the Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project began as a 124
maintenance project, estimated to be under $200,000, and not included in the CIP. Under the City’s policy, any project over $200,000 is classified as a capital improvement project. If approved, this Project will be added to the Council- approved 2025-2029 CIP.

DISCUSSION

The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to replace the existing fuel system equipment and management system.

The work is tentatively scheduled to begin in August 2024 and continue into December absent any delays for supply chain issues, unforeseen site conditions, or weather.

This project was bid twice before, with the first receiving no bids and the second receiving two bids which were rejected due to the bidders' failure to provide documents that met the request for bids. The third notice inviting formal bids (NIFB) on the Project was published on April 18, 2024, and bids were due on May 8, 2024. The City received the following responsive bids:

West Star Environmental, Inc.: $251,300
EFS West, Inc.: $523,204

The lowest responsive bidder is West Star Environmental, Inc. (West Star). Following this determination, procurement staff reviewed all documentation received from West Star and its subcontractor. 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, the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the Project be awarded to West Star.

In addition to the project award amount of $251,300, staff recommends authorizing $50,260 for the project, which includes $25,130 for project contingency (10% of the contract costs) and $25,130 for the cost of related engineering services and City staff time (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, and project management. These recommendations bring the total estimated cost of the project to $301,560.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project is $301,560 which includes construction, contingency and related engineering and project management. The Oxnard Wastewater Treatment Plant Fuel Management System Replacement (Project No. TBD) will be funded from new budget appropriations from the Wastewater Operating Fund (611) and the corresponding Wastewater Capital Fund (612).

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on June 25, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Supervising Civil Engineer, Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. 32400551 West Star PW 23-13R2

125

Agreement No. 32400551

CONSTRUCTION CONTRACT

BY AND BETWEEN

THE CITY OF OXNARD
AND WEST STAR ENVIRONMENTAL, INC.

FOR

OXNARD WASTEWATER TREATMENT PLANT FUEL MANAGEMENT SYSTEM

REPLACEMENT PROJECT (REBID)
SPECIFICATION NO. PW 23-13R2.

THIS CONSTRUCTION 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 WEST STAR ENVIRONMENTAL, INC. (“Contractor”).

Contractor’s license number is 605142. 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 Oxnard Wastewater Treatment Plant Fuel Management System Replacement Project (Rebid) as more fully described in the solicitation documents issued by the City for Specification No. PW 23-13R2 (the “Project”); and WHEREAS, on April 18, 2024, the City issued a Notice Inviting Bids and Contract documents to prospective bidders for the Project. In response, Contrator 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 July 16, 2024, 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. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
126

Agreement No. 32400551
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 Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City); (2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendix A of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Plans;
(7)Special Provisions;
(8) Greenbook 2018 Edition;
(9) Appendices;
(10) Bid Forms and attachment thereto;
(11) Performance Bond;
(12) Payment Bond.

3. CONTRACTOR’S OBLIGATIONS
a. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best 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 City Engineer or his/her designee (hereinafter the “Project Manager”). b. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work c. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.
d. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the 127

Agreement No. 32400551
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 instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.
f. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications. (i) “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.

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

5. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor TWO HUNDRED FIFTY ONE THOUSAND THREE HUNDRED DOLLARS, ($251,300.00) (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. Procedures relating to payment and retention are set forth in the Special Provisions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
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a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of ninety (90) 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 ($375,000) or less filed by a Contractor or Subcontract (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract code 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.
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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 again 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.
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(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.

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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 132

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and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

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

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

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

(3) Enforcement. Upon notice of 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.

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(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 two hundred fifty dollars ($250.00) 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-D of this Contract. 134

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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, 135

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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.
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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.

24. AMBIGUITIES
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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: City of Oxnard
305 W. Third St, East Wing, 2nd Floor
Oxnard, CA 93030
Attention: Project Manager

TO CONTRACTOR: West Star Environmental, Inc.
4770 W. Jennifer Avenue
Fresno, CA 93722

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.

28. BONDS
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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.

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. 139

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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.

40. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing 140

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and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

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

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

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

44. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD WEST STAR ENVIRONMENTAL, INC.

____ _____ __________
x John C. Zaragoza, Mayor1 Date Dave Mendrin, CEO, CFO 2 Date ☐ Purchasing Manager

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.

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EXHIBITS
Exhibit A: Bid Proposal submitted by Contractor
Exhibit INS-D: Insurance Requirements and sample Acord forms Appendix A: Ventura County Air Pollution Control District (APCD) Permit Bonds
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CITY OF OXNARD

BID SHEETS FOR OXNARD WASTEWATER TREATMENT PLANT FUEL MANAGEMENT

SYSTEM REPLACEMENT PROJECT (REBID)
SPECIFICATION NO. PW 12-13R2
Bidde s Name: WEST ST AR ENVIRONMENT AL, INC.

To thJ Honorable Mayor and Members of the City Council:

In co+pliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contr,ct to furnish all labor, materials, equipment and supplies for the Project in accordance with t e Contract Documents to the satisfaction and under the direction of the City Engineer at the fol owing prices:

ITEM DESCRIPTION PAYMENT UNITOF ESTIMATED UNIT PRICE BID AMOUNT NO.

Mobilization and
1 Demobilization
(maximum 5% of
otal Bid Price
2 !Fuel Polishing
�
ispensers, Piping,
3 nd Equipment
1(Materials, Repair,
�md Re lacement
4 r,;ping
1(Prepare and Paint)
ff ank Exterior
5 Cleaning
:(Preparation and
,Paint
r:ignage
6 Materials and
nstallation
7 Electrical
�Materials and
e lacement
f.uel Management
f<Card Reader)
8 ystem
Components and
nstallation

REFERENCE MEASURE
01150 LS 1.04
01150 Unit 1.05
01150 LS 1.06
01150 LS 1.07
01150 Unit 1.08
01150

1.09 LS
01150 LS 1.10
01150

1.11 LS
B3
QUANTITY (+/-$)
TOT AL BID PRICE: $
$ /).1 sc;s:cc
$ IL/, 5 7S- cc
$ '( 1, (:_It., (;..--C-0
$ '26, t.:oCJ. uc)
$ fu'<t oco. cc
$ G ·3c.o,, cO
I
$ t -s, 0(.)0 i,,00
$ :z.�·�s�,,Jt
/4.-S-11 3 00. Ol

EXHIBIT A
144
145

Exhibit INS-D
INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S

RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omi ssions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certific ates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificat es 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]

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

3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activit ies 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 cont ain 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-D 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).

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

5. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Mana ger, 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.

6. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/23
146

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance
The sample accord form on the following page is provided to facili tate your preparation and submission of certificates of insur ance. 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 th e applicable certificate of insurance. City preference is that you use the en dorsement forms which are attached. Substitute forms will be ac cepted, however, as long as they include provisions comparable to the attached.

INS-D.doc
147

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION DATE
(MM/DD/YY)
LIMITS

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

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

A AUTOMOBILE LIABILITY
S
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY
M

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000 Each
consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc. 8520
Allison Pointe Blvd. Ste 223

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.

PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
148

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

Tele
phone:

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

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

□ Claims Made
Retroactive Date
□ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the comp any’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizati on 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, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
□ Broker/Agent □ Underwriter □
I (print/type name), warrant that I have authority
to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-D.doc
149

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
Te
lephone: □ Deductible □ Self-Insured Retention (check which) of $ w

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

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

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

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
□ Broker/Agent □ Underwriter □
I
(print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
150

PERMIT TO OPERATE
ATC/PTO 06415 111

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Oxnard City CouncilJuly 16, 2024

Oxnard City Council
July 16, 2024