Agenda packet — Oxnard City Council, July 30, 2024 (part 3 of 3)

233
or
ientation, age, immigration status, citizenship or military and veteran status.

CONSULTANT understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, CONSULTANT shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the CONSULTANT nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

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

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Agreement No. 32500028

Page 14 of 30 ends

234
D
esignated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. CAPTIONS AND HEADINGS.

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

44. ACKNOWLEDGEMENT.

By signing below, CONSULTANT acknowledges that it has reviewed the CITY’s CONSULTANT/Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance.

[Signatures on next page]

Agreement No. 32500028

Page 15 of 30 ends

235
In wit
ness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF
OXNARD CAROLLO ENGINEERS, INC.
☐John C. Zaragoza, Mayor1 Date Matthieu Roussillon Date ☐Jennifer Yates, Purchasing Manager2 Vice P resident
Eric M. Mills Date
Senior Vice President 3
ATTEST
:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)

APPROVED AS T
O FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the B oard 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 manager
s); 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.

Agreement No. 32500028

Page 16 of 30 ends

236

EXHIBIT A
CO

NSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Carollo Engineers, Inc.)
SCO

PE OF SERVICES
CI
TY PROJECT MANAGER FOR THIS AGREEMENT:

Omar Castro / 805-385-8139 / [email protected]
Project Management
CO
NSULTANT will provide all professional and support services required to manage, control, track, and report on the progress of work and expenditures provided under this scope of work, including but not limited to:
● Coor
dination and management of personnel or project -specific team members.
● Quality Assurance / Quality Control.
● Project coordination meetings.

Regulatory Compliance and Permit Review Assistance
CO
NSULTANT will provide all necessary services to support regulatory compliance and to assi st in reviewing and updating all required permits including, but not limited to:
● As
sist with Waste Discharge Requirements/ Water Reclamation Requirements (WDR/WRRs) permit, reporting, renewal, etc. ● Review and assist with preparation of Advanced Water Purification Facility (AWPF) Annual Reports.
● Sign AWPF Annual Reports which have been reviewed by Consultant. ● Meet with Regional Water Quality Control Board (RWQCB) and/or Department of Drinking Water (DDW), as necessary.
● Review and prepare correspondence with RWQCB, as necessary. ● Review and assist with preparation of monthly and quarterly reports, as necessary.
● Assist with recycled water use and users.

AWPF Process Operations and Optimization
CO
NSULTANT shall provide all necessary services to evaluate, troubleshoot, and optimize plant operations and maintenance including, but not limited to:
● As
sist with preparation and review of Standard Operating Procedures (SOPs) developed by City of Oxnard staff.

Agreement No. 32500028

Page 17 of 30 ends

237
● Prov
ide review comments for consideration and incorporation. ● Identify other SOPs that may be needed for Operation and Maintenance (O&M) of the AWPF.
● Perform plant optimization analysis.
● Review and/or develop plans for recycled water uses.
● Review and/or develop maintenance improvement project plans. ● Develop technical memorandum and reports, as required. ● Review, evaluate and optimize process controls, as required. ● Evaluate and recommend O&M cost savings initiatives.

CIT
Y shall cooperate with CONSULTANT as may be reasonably necessary for CONSULTANT to perform the services. CITY’s Project Manager agrees to provide direction to CONSULTANT as requested regarding particular project requirements.

CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT’s services; and obtain or authorize CONSULTANT to obtain or provide additional reports and data as required. CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing the services.

Agreement No. 32500028

Page 18 of 30 ends

238
EXH
IBIT B
CONSUL

TANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Carollo Engineers, Inc.)

SCHEDUL

E OF COMPENSATION

CLASSIFICATION HOURLY
RATE

ENGINEERS / SCIENTISTS
Staff Professional $182
Assistant Professional $212
Senior Staff Engineer $226
Professional $256
Supervising Project Engineer $283
Project Professional $300
Lead Project Professional $322
Senior Technical Advisor / VP $344

SCIENTISTS
Technicians $163
Project Technicians $204
Senior Technicians $222

SUPPORT STAFF
Document Processing / Clerical $145
Office Aid $115

EXPENSES

EXPENSE TYPE ESTIMATING METHOD RATE
Auto Mileage Travel-Current IRS Rate $ per IRS
Auto Rental Travel - Actual $ cost + 10%
Other Travel (FTR
Guidelines) Travel – Actual $ cost + 10%
Equipment Rental Operating Expense – Actual $ cost +10% Postage / Freight Operating Expense – Actual $ cost + 10% Reprographics Outside Service – Actual $ cost + 10%
Subcontractors Outside Service – Actual + (up to 10% mark up) $ cost + 10%
Agreement No. 32500028

Page 19 of 30 ends

239
EX
HIBIT
C

CONSULTA

NT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Carollo Engineers, Inc.)

INSURAN

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

Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall ob tain and maintain during the performance of any services under this Agreement the follo
wing insurance against claims for injuries to persons or damages to property which may arise from or in connec
tion with the performance of services hereunder by Consulta nt, its a gents, representatives, employees or subco
nsultants.
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 co
verag
e equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the o
ccurr
ence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bod
ily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Servi
ces Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Prof
essional liability/errors and omissions insurance appropriate to Consultant’s profession to a mini
mum coverage of $1,000,000, with neither Consultant nor listed subconsultan ts ha ving less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year e
xtended reporting period, or longer upon request.
d. Worke
rs’ compensation insurance in compliance with the laws of the State of California, and employer’s liab
ility insurance in an amount not less than $1,000,000 per claimant. Additio nally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with o
riginal endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certif
icates and endorsements are to be received and approved by the Risk Manager before commencement of services.

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

3. Consultant agrees that all insurance coverages shall be provided by a California 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,
or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insur
er is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liabilit y in surance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as resp
ects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Co
nsultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Coun
cil, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Autom
obile Liability Special Endorsement Form attached to this Exhibit INS-A or s ubstitute forms containing Agreement No. 32500028

Page 20 of 30 ends

240
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).

6. The in
surer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager.

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

7. All ins
urance standards applicable to Consultant shall also be applicable to Consultant's subconsultants.

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/24
Agreement No. 32500028

Page 21 of 30 ends

241

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Cert
ificates of Insurance
The sa
mple accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy.

Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

End
orsement Forms
Ori
ginal endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc
Agreement No. 32500028

Page 22 of 30 ends

242

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 BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLI
CY

EXPIRATION

DATE (MM/DD/YY) LIMITS

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

GENERAL AGGREGATE $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
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREG
ATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE

EXPIRATI
ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE
Rev. 1/24 INS-A.doc
Agreement No. 32500028

Page 23 of 30 ends

243

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

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

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the 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 respects the C ity, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

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

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

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

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

Signature
(ori ginal signature required)
Telephone: ( ) Date Signed:

Rev
. 1/24 INS-A.doc
Agreement No. 32500028

Page 24 of 30 ends

244

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

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

Name:

Address:

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

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the 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 respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underly ing primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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 covera ge provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “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 ex clusions of the policy to which this endorsement is attached.

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

Signature
(or iginal signature required)
Telephone: ( ) Date Signed
Rev. 1/24 INS-A.doc
Agreement No. 32500028

Page 25 of 30 ends

245
E

XHIBIT D
CONS

ULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Carollo Engineers, Inc. )
LIV

ING WAGE POLICY
Pur
suant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional services contracts that may be governed by the Living Wage Policy.

A. CO
NSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides servic es under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

Agreement No. 32500028

Page 26 of 30 ends

246
CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
CO
NSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this A greement.

This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. CO
NSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If
CONSULTANT fails to com pensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.
c. In a
ddition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

Agreement No. 32500028

Page 27 of 30 ends

247
E

XHIBIT E
CONS

ULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Carollo Engineers, Inc.)
PR

EVAILING WAGE

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

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

3. CO
NSULTANT is required to post job site notices, as prescribed by regulation.

See Labor Code Section 1771.4(a)(2).

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

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

6. CO
NSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Agreement No. 32500028

Page 28 of 30 ends

248

7. CO
NSULTANT may not be debarred or suspended throughout the Agreem ent Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, CONSULTANT must immediately notify CITY.

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

9. CO
NSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

CONSULTANT shall comply with and be bound by Labor Code Section 1810.

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

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

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

13. To
the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its Agreement No. 32500028

Page 29 of 30 ends

249
s
ubcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.

Agreement No. 32500028

Page 30 of 30 ends

250

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Second Amendment to Agreement 9648-22-CM with Pacific Coast Elevator Corporation, dba Amtech Elevator Services, for Elevator Inspections, Maintenance, and Repairs.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Second Amendment to the Agreement with Pacific Coast Elevator Corporation, dba Amtech Elevator Services, to increase the current not to exceed amount from $200,000 to $500,000 and extend the term to August 31, 2025, for elevator inspections, maintenance, and repairs.

(Public Works and Transportation Committee approved 3-0 on July 9, 2024.)

BACKGROUND

The City’s Facilities Division oversees 23 elevators, located in 14 buildings, that require inspections, service, and repairs.

In response to regulatory compliance, public health and safety hazards, and property or environmental damage, the work must be completed with urgency by a technician who specializes in elevator operations. The City’s Public Works Department does not employ a staff member with the expertise to perform this required work. Therefore, the Public Works Department relies on contract elevator technicians to respond quickly to the City’s scheduled and unscheduled elevator inspections, maintenance, and repairs.

Pacific Coast Elevator Corporation, dba Amtech Elevator Services (Amtech), has been providing these services for the City’s elevators since September 1, 2022. This Agreement includes furnishing all labor, materials, equipment, and other incidentals to provide scheduled and unscheduled work for the Public Works Department.

DISCUSSION

On July 18, 2022, the City Manager approved Agreement 9648-22-CM in the amount of $200,000 that was entered into on September 1, 2022, between the City and Amtech for elevator inspections, maintenance, and repairs at various city- owned facilities. The initial one-year term ended on August 31, 2023, and the Agreement provides the option for two additional one-year terms.

In September of 2023, the City’s Purchasing Agent approved the First Amendment and Restated Trade Services Agreement between the City and Amtech. The Restated Trade Services Agreement updated the terms and conditions of the Agreement to coincide with the revised City trade services agreement template and also updated the term extension date to August 31, 2024. The First Amendment did not change the total Agreement value of $200,000.

This proposed Second Amendment will increase the Agreement amount by $300,000, for a total not to exceed amount of $500,000, and extend the Agreement with a third-year term ending August 31, 2025. Additionally, three elevators located at the Advanced Water Purification Facility (AWPF) and Wastewater Plant were not included in the original Agreement and have been added to the Scope of Services Exhibit for the Second Amendment.

251

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 the Second Amendment with Amtech shall not exceed $300,000 with a new total Agreement amount not to exceed $500,000 through August 31, 2025, for elevator inspections and on-call maintenance repairs. The funds for these services are included in the City Council-Adopted Budget for Fiscal Year 2024-25 among the department funding sources. Any amounts necessary for Fiscal Year 2025-26 will be included in the recommended budget. These funds are charged to the respective departments and divisions based on City Council-approved funding within their budgets. The funds will only be paid for the actual services rendered as part of this Agreement.

Estimated Spending Plan
Division Account FY 24-25 FY 25-26 TOTAL
Facilities 7353740-53200 $239,200 $20,800 $260,000
Wastewater 6113615-53200 $18,400 $1,600 $20,000
AWPF 6013605-53200 $18,400 $1,600 $20,000
TOTAL $276,000 $24,000 $300,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on July 9, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 9648-22-CM Second Amendment

2. 9648-22-CM First Amended & Restated

3. Agreement 9648-22-CM

252
Agreement No. 9648-22-CM

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this day of , 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Pacific Elevator Corporation dba Amtech Elevator Services (“Service Provider”).

This Second Amendment amends the Agreement entered into on September 1, 2022, by City and Service Provider. The Agreement previously has been amended on September 1, 2023, by a First Amendment.

City and Service Provider agree as follows:

1. Pursuant to Section 3.3, the City is exercising its third one-year option term. The Agreement will be extended for one additional year beginning on September 1, 2024, through August 31, 2025. The City has no option terms remaining pursuant to Section 3.3.

2. All reference to Section 4 of the Agreement is hereby amended to “$500,000.”

3. All reference to the Schedule of Compensation Exhibit B everywhere it is listed in the Agreement is hereby amended to the Schedule of Compensation Exhibit B-1 Effective September 1, 2024. The Schedule of Compensation Exhibit B is hereby disincorporated; instead, the Schedule of Compensation Exhibit B-1 Effective September 1, 2024, is attached hereto and incorporated herein by this reference.

4. All reference to the Scope of Services Exhibit A everywhere it is listed in the Agreement is hereby amended to the Scope of Services Exhibit A-1 Effective September 1, 2024.

The Scope of Services Exhibit A is hereby disincorporated; instead, the Scope of Services Exhibit A-1 Effective September 1, 2024, is attached hereto and incorporated herein by this reference

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

[Signatures on next page]

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) 253
Agreement No. 9648-22-CM

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

CITY OF OXNARD PACIFIC COAST ELEVATOR

DBA AMTECH ELEVATOR SERVICES

☐ John C. Zaragoza, Mayor1 Date Joe Armas, President Date ☐ Jennifer Yates, Purchasing Agent 2

Jim Strachan, Vice President 3 Date
ATTEST:

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

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

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) 254
EXHIBIT A-1

SCOPE OF SERVICES
The Contractor shall provide the necessary labor, materials, tools, and equipment to provide inspections, maintenance, and repairs for the elevators and locations listed below. The City reserves the right to add or remove locations and services during the term of the Agreement

LOCATION OF WORK

Location Service Stops Type

305 W. Third Street
three-stop passenger elevator hydraulic
three-stop passenger elevator cable

300 W. Third Street
four-stop passenger elevators cable
four-stop passenger elevators cable
360 W. Second Street two-stop passenger elevator hydraulic

251 South C Street
two-stop passenger elevator hydraulic
two-stop passenger elevator dumbwaiter
424 South C Street Porch elevator Handicap lift

251 South A Street
two-stop passenger elevators hydraulic
two-stop passenger elevators hydraulic
two-stop passenger elevators hydraulic

325 South B Street
four-stop passenger elevators hydraulic
four-stop passenger elevators hydraulic
4300 Saviers Road two-stop passenger elevator Hydraulic

251 South Hayes Avenue
two-stop passenger elevators hydraulic
two-stop passenger elevators hydraulic
111 South Del Norte
Boulevard
two-stop passenger elevator hydraulic
255

201 East Fourth Street two-stop passenger elevator hydraulic

2900 Saviers Road
three-stop passenger
elevator
cable
three-stop passenger elevator cable

5700 Perkins Road*
two-stop passenger elevator hydraulic
two-stop lift dumbwaiter
5751 Perkins Road* two-stop passenger elevator cable
*Any pre-maintenance repairs discovered within the first 90 days of execution of the Second Amendment to the Contract, then Contractor shall submit a separate repair proposal for 5700 Perkins Road and/or 5751 Perkins Road.

GENERAL SCOPE OF WORK.
1) Supervisory Personnel. Upon award of Contract, Contractor shall provide the City with a written list of their supervisory personnel who shall be responsible for management of this Contract. Supervisory personnel shall visit each elevator semi- annually to observe the quality of maintenance and ensure the specifics and intended standards of this specification are met. After each visit Contractor shall submit a report to the City of their observations including corrective actions if warranted.
2) Security Clearance. Contractor shall be required to successfully complete a City standard security clearance conducted by the Oxnard Police Department within thirty (30) Working Days of award of this contract. This security clearance may include, but not be limited to, live scan and FBI background checks. This security clearance is required when working in the Public Safety Building and other areas of a sensitive nature designated by the City. Contractor must have a qualified employee's security cleared and have on call at least one security-cleared employee for after-hours Work. Any employee denied security clearance shall be restricted from entering the designated worksites, and Contractor shall provide an employee who has successfully obtained security clearance. Any cost for obtaining security clearance will be the responsibility of the Contractor. It is the Contractor’s responsibility to be familiar with access to job sites. The Contractor shall be responsible for the delivery of all Contractor provided materials and equipment.
3) Housekeeping: Within the first three (3) months, the Contractor shall thoroughly clean all elevator hoistways, pits, car tops and machine rooms. In addition, during the same period of time all car and hoistway door tracks, hangers, interlocks and closers shall be cleaned, lubricated and adjusted. All debris resulting from such work shall be promptly removed and properly disposed of.
4) Wiring and Construction Prints: All wiring and construction prints or diagrams of elevator systems covered under this contract are the property of the City and upon termination of this contract shall be delivered to the City. All changes in circuitry made by the Contractor shall be properly recorded on the diagrams, including date of change and name of person making the change.
256
5) Schedules and Records: Contractor shall provide the following Preventive Maintenance services and required adjustments to ensure the safe operation of elevators.
a) All inspections, lubrications, adjustments, tests, cleaning and other preventative maintenance activities shall comply with Title 8: California Code of Regulations "Elevator Safety Orders."
b) Service schedule shall be displayed in each elevator equipment room and shall be initialed by the elevator mechanic when each scheduled activity is performed. c) Contractor shall notify City least 48 hours in advance of performing scheduled maintenance on any elevator.
d) Contractor shall coordinate with the State of California Elevator, Ride, and Tramway Unit inspectors for all required State inspections. Contractor shall expedite all testing and repairs as noted by State Inspectors on Preliminary Orders in a timely manner and make notification in writing to the Elevator, Ride and Tramway Division and City Facilities Maintenance Supervisor for each of the listed items that have been corrected.

Contractor shall maintain an accurate and complete record of all work performed at each location. These records shall include all maintenance actions. Records shall describe the preventive maintenance action or discrepancy, action taken, and items replaced, if any. A copy of the record shall be kept in the machine equipment rooms and copy sent with invoicing. Invoices shall not be submitted prior to work being performed.

PREVENTATIVE MAINTENANCE SERVICES

1. Monthly Service:
a. Shall be completed by the 30th day of each month.
b. Ride each car. Check operation of car and hoistway doors, acceleration, deceleration, floor stops, leveling and brake action. Make required corrections. c. Inspect controllers, selectors and governors.
d. Clean and adjust all controller contacts and renew worn contacts and/or shunts where required. Check sequence operation.
e. Inspect and wipe clean all motor, generator and exciter commutators, clean and check brushes and brush holders. Renew or reset brushes, as required. f. Clean direction and accelerating switches.
g. Inspect brake operation. Check shoe to brake pulley clearance and adjust as required for proper operation. Clean pulley, as required. h. Clean machine room.
i. Check floors for missing indicator plates, arrows, buttons or other equipment and replace where required.
257
j. Replace or repair all non-functional lamps. Including but not limited to call buttons, car lighting, and other elevator specific lighting. k. Inspect door monitoring equipment and safety edge units. Clean, lubricate, adjust or repair, as required.
l. Test emergency telephones and report problems to City Facilities Manager

2. Quarterly Services: Quarterly Services shall include Monthly Services and the following;
a. Shall be completed by the 30th day of March, June, September and December. b. Clean hoistway pits and inspect equipment. (After cleaning, provide photos of hoist way condition to City Facilities Maintenance Supervisor) c. Inspect working parts or all governors for free operation, clean and lubricate as required. Check contacts, shaft, brushings, and rubbing surfaces for cleanliness and wear.
d. Inspect all door operating equipment, including but not limited to motor brushes, commutator, belts or chains, contacts, and clocks, clean, lubricate, adjust or replace, as required.
e. Examine all wire ropes and fastenings, check and adjust rope tension. f.

Examine traveling cables for wear and position.
g. Examine counterweight. Tighten all loose belts. If welds are cracked or broken, bring to attention of the City Facilities Maintenance Supervisor. h. Clean and lubricate automatic slow down and stopping switches on top of cars and in hoistway.
i. Clean car position indicators; adjust if required.
j. Inspect and clean car guides. Replace worn and cracked parts. k. Check and clean car fan motors for proper operation, repair/ replace as required. l. Blow out, vacuum and clean controllers, motors and/or motor generator sets.

3. Semi-annual Services: Semi-annual Services shall include Quarterly Services, Monthly Services and the following;
a. Shall be completed by the 30th day of June and December. b. Check bearings for proper operations and wear, and replace as required. c.

Examine and lubricate machine gear teeth for cutting or noise. d. While riding on top of cars, physically check condition and operation of door locking equipment.
e. Perform electrical test of door interlock circuits.
258
f. Examine door locks and door closer equipment. Clean door channels. g.

Examine car and counterweight guide shoe and fastening. h. Renew gibbs or rollers as required. Lubricate sliding guide shoes. i. Remove car station cover, blow out; clean switches and buttons.

4. Annual Services: Annual Services shall include Semi-annual Services, Quarterly Services, Monthly Services and the following;
a. Shall be completed by the 30th day of June.
b. Examine commutator, brushes and brush holders of all small control motors and regulators. Clean, re-adjust, repair or replace, as required. c. Thoroughly examine and clean starter and control panels. Check each contactor and relay by hand for wear, cleanliness, and proper adjustment. Clean, re-adjust, repair or replace, as required.
d. Check, clean and adjust operation of slow down and limit switches. e. Examine all moving parts of governor and safety for free operation. Clean and adjust.
f. Examine, clean and add oil to buffers, if required. Perform "hand test" of plunger return.
g. Drain machine gear oil; seal any oil leaks; examine gear teeth, refill with fresh oil, and properly dispose of used gear oil in an offsite location. h. Overhaul machine brake, including disassembly, cleaning, replacement of worn component, reassembly and re-adjustment.

i. Provide full-load governor and safety test per Title 8: California Code of Regulations "Elevator Safety Orders."
j. Clean and lubricate hoistway door hangers, track and door arms. k. Examine car and counterweight wire hoist ropes and governor ropes for wear and condition; re-rope, as required.
l. Clean rails, hatch walls, car top, pit, overhead sheaves and beams. Check brackets and bolts for tightness.
m. Perform annual preventative maintenance on all contactors, relays and switches. Make timing adjustments as required. Lubricate and adjust mechanical parts, including door operators, door tracks, hoist motors, cables, indicating lamps, call buttons as required.
n. Perform a complete systems check of all logic features and/ or programs. o. P erform test of Fire Department Service in accordance with ANSI A 17.1 (latest edition) safety code for elevators and escalators at a time as directed by the City 259
as to coincide with each building's annual fire safety testing and tenant evacuation practice.
p. Perform test of Fire Detection System at a time as directed by the City as to coincide with each building's annual fire safety testing and tenant evacuation practice.
q. Perform test of automatic dialing communication.
r. Hydraulic elevators shall be inspected and tested as per ANSI A 17.2.

5. 5 year load testing- In compliance with California’s Department of Industrial Relations, Division of Occupational Safety and Health, Elevator, Ride and Tramway unit, conduct and confirm proper hydraulic and cable elevator performance and ensure public safety.

ON-CALL REPAIR SERVICES

1. Non Scheduled Urgent Repair Work. Contractor shall have live dispatch or direct call on-call technician 24 hours per day, 365 days per year. In the event an elevator is shut down with trapped passengers, Contractor shall guarantee a maximum one (1) hour response time during regular working hours (7:30 am – 3:30 pm) and a one and one half (1-1/2) hours response time during non-regular working hours (3:30 pm 7:29 am and weekends and holidays). Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

2. Non-Urgent Repair Work. For non-urgent service calls during regular working hours (7:30 am – 3:30 pm) contractor shall respond within two (2) hours. The scope of Work and schedule shall be mutually agreed to between City staff and contractor before Work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 7:30 am and 3:30 pm unless otherwise agreed to by the City.

EVALUATION STANDARDS: The following standards shall be met to assure that the elevators are maintained at a performance level in line with the original design:

1. Door Performance: When evaluating the door performance, complete door opening and closing times will be used. Doors shall open and close smoothly without slamming. Door-closing pressures shall conform to current codes. Door reopen devices shall be maintained to operate as originally installed.

2. Landing Performance: Landing accuracy shall be plus or minus ½", regardless of number of passengers, up to rated capacity.

3. Rated Speed Performance: Rated speed shall be maintained within plus or minus 5% of original design speeds.

SAFETY PRECAUTIONS: Within the scope of this Work, strict attention shall be given to all matters pertaining to public safety and safety of the Contractor's workers.

Contractor shall adhere to all health and building safety requirements including but not limited to:
260

1. Proper securing of all fixtures, equipment, and materials.

2. Adherence to Lock out Tag out Program.

3. Methods of performing work.

4. Erection and maintenance of suitable barriers, protective devices, lights, and warning signs.

5. Adequate provisions for storage and protection of all work, materials, and equipment, and proper off-site disposal of used materials and equipment.

6. If for any reason, such as space limitations, restrictive work schedules, etc., the required safety provisions for this work cannot be met, the situation shall be logged and reported to the City for explicit instructions in writing as to how to proceed. 261
SCHEDULE OF COMPENSATION EXHIBIT B-1
EFFECTIVE SEPTEMBER 1, 2024
Location Service Stops Type Monthly Quarterly Semi-Annual Annual 5yr Load
Test
305 West Third St 3-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99 3-stop passenger elevator Cable $ 318.27 $ 769.15 $ 1,273.08 $ 2,291.54 $ 1,909.62

300 West Third St 4-stop passenger elevator Cable $ 318.27 $ 769.15 $ 1,273.08 $ 2,291.54 $ 1,909.62 4-stop passenger elevator Cable $ 318.27 $ 769.15 $ 1,273.08 $ 2,291.54 $ 1,909.62

360 West Second St 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99

251 South C St 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99 2-stop lift Dumbwaiter $ 84.87 $ 212.18 $ 381.92 $ 636.54 $ 1,007.85

424 South C St Porch Elevator Handicap
Lift $ 84.87 $ 212.18 $ 381.92 $ 636.54 $ 1,007.85

251 South A St 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1.018.46 $ 1,166.99

326 South B St 4-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99 4-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99

4300 Saviers Rd 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99

262
SCHEDULE OF COMPENSATION EXHIBIT B-1
EFFECTIVE SEPTEMBER 1, 2024

Location Service Stops Type Monthly Quarterly Semi-Annual Annual 5yr Load
Test
251 S Hayes Ave 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99

111 South Del Norte
Blvd 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99

201 East Fourth St 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,166.99

2900 Saviers Rd. 3-stop passenger elevator Cable $ 318.27 $ 769.15 $ 1,273.08 $ 2,291.54 $ 1,909.62 3-stop passenger elevator Cable $ 318.27 $ 769.15 $ 1,273.08 $ 2,291.54 $ 1,909.62

5700 Perkins Rd. 2-stop passenger elevator Hydraulic $ 212.18 $ 450.88 $ 636.54 $ 1,018.46 $ 1,116.99 2-stop lift Dumbwaiter $ 84.87 $ 212.18 $ 381.92 $ 636.54 $ 1,007.85

5751 Perkins Rd. 2-stop passenger elevator Cable $ 318.27 $ 769.15 $ 1,273.08 $ 2,291.54 $ 1,909.62

Maintenance Services Rate
Hourly Rate for Maintenance services for units not currently listed
$ 201.57 / hour
Repair Services* Rate
Non-Urgent Repairs (Monday-Friday 8 am-5 pm 2hr response time)
$ 201.57 / hour
Urgent Repair Work (1 Hour response time)
Material Mark-up (not to exceed)
$ 403.14 / hour
15%

263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32500024 with Oilfield Electric Company for On-Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24-100.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Oilfield Electric Company for a total amount not to exceed $1,860,000 for a three (3) year term for On-Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24-100.

(Public Works and Transportation Committee approved 3-0 on July 9, 2024.)

BACKGROUND

The Public Works Department comprises multiple divisions including Fleet, Special Districts, Water, Wastewater, Recycled Water, Stormwater, Environmental Resources, Facilities, and Parks, all of which require non-scheduled or unplanned electrical minor repair and maintenance of facilities and infrastructure from time to time. To avoid regulatory non-compliance, public health and safety hazards, property and/or environmental damage, the work must be completed with urgency, requiring a quick response with a wide range of electrical expertise and equipment.

The City does not have sufficient staff with the level of expertise necessary to perform some of the more technical electrical repair services and the volume of work that may be required from time to time. As such, to respond promptly to these unplanned infrastructure failures, the Public Works Department requires an on-call contract with a qualified contractor or contractor team that has diverse technical capabilities and the ability to respond quickly to the City’s electrical repair needs. The City currently has an on-call electrical contract that started on April 5, 2022.

DISCUSSION

The work under this agreement will be managed through Task Orders issued by a Project Manager prior to any work commencing during normal business hours. After-hours work will require a task order to be completed on the next business day.

Projects to be completed by Contractor are categorized as follows:

Non- Scheduled Urgent Repair Work
• Contractor must verbally respond within thirty (30) minutes of telephone notification by the City. • Contractor must be on the site within one (1) hour of the notification and begin Work immediately. • Urgent repairs are those where public interest and necessity demand the immediate response to avoid harm to or to safeguard life, health or property.
329

Scheduled Repair and Maintenance Work
• Contractor must verbally respond within 24 hours of telephone notification by the City. • The scope of work and schedule shall be mutually agreed to between City staff and the Contractor before work begins.
• Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

The Work for this project includes furnishing all labor, materials, equipment and other incidentals to provide on-call electrical repairs, maintenance, and replacement services for the Public Works Department. The Work under this agreement will be at prevailing wage rates.

The notice inviting formal bids (NIFB) on the Project was published on May 02, 2024, and all bids were due and opened on May 21, 2024. The City received the following bids:

Oilfield Electric Company: $2,275
Waisman Construction, Inc.: $5,175

The lowest bidder is Oilfield Electric Company (Oilfield) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Oilfield. 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). Oilfield is the City’s current on-call electrical contractor and has performed satisfactorily. Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily meeting the needs of the City. Thus, staff recommends that the City Council award the contract for this Project to Oilfield.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement with Oilfield Electric Company shall not exceed $1,860,000 over the term of three years for on-call electrical maintenance and minor repair services. Costs for these services are included in the Fiscal Year 2024- 25 Adopted Budget. Funding shall be provided by various Public Works Divisions based on a task order basis and available Council approved funding. There are no guaranteed spending amounts and Divisions shall only pay for the services that are rendered.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on July 9, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Interim Assistant Public Works Director

ATTACHMENTS

1. 32500024 - Oilfield Electric Company - PW 24-100

330
Agreement No.: 32500024

1 CITY OF OXNARD CONTRACT FOR

ON-CALL ELECTRICAL MAINTENANCE

AND MINOR REPAIR SERVICES
SPECIFICATION NO. PW 24-100

THIS CONTRACT (“Contract”) is made and entered this 30th day of July, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and OILFIELD ELECTRIC COMPANY (“Contractor”). Contractor’s license number is 125250.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24 -100 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay C ontractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed one million eight hundred sixty thousand dollars ($1,860,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.

5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights , title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the 331
Agreement No.: 32500024

2 provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the pr ovisions of Section 3700 of the Labor Code 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 of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.

12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewi se apply to all Task Orders and other Contract Documents.
[signatures on following page]

332
Agreement No.: 32500024

3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD OILFIELD ELECTRIC COMPANY

☒ John C. Zaragoza, Mayor1 Date Alan D. Fletcher, President 2 Date ☐ Purchasing Manager

Jana D. Fletcher, Vice President/ Date
Secretary

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.

2The 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.

333
Agreement No.: 32500024

4 Exhibit INS-G

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

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combi ned single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural , engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and a pproved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

4. Contractor agrees that the Commercial General Liability and Bu siness Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects:
liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
334
Agreement No.: 32500024
5 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Imprope rly 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 attac hed to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute f orms will be accepted, however, as long as they include provisions comparable to the attached.

335
Agreement No.: 32500024
6 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
336
Agreement No.: 32500024
7 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date

 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

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

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

Name:

Address:

Telephone: ( )

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

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

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 bro ad as:
a. Insurance Services Office Commercial General Liability Coverage, A occurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)

Telephone: ( ) Date Signed

337
Agreement No.: 32500024
8 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of sui ts 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 i nsurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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 Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .

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

338
Agreement No.: 32500024
9 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On -Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24-100 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the ti me within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 339
Agreement No.: 32500024
10 1741, and upon expiration of the t ime within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its:

(Seal)

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

340
Agreement No.: 32500024
11 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Electrical Maintenance and Minor Repair Services, Specification No. PW 24-100 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 341
Agreement No.: 32500024
12 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its:

(Seal)

Note: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. The date of Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
342
Agreement No.: 32500024
13 EXHIBIT A

RATES AND COSTS

ON-CALL ELECTRICAL MAINTENANCE

AND MINOR REPAIR SERVICES
SPECIFICATION NO. PW 24-100

343
Agreement No.: 32500024
14 344
Agreement No.: 32500024
15 EXHIBIT B

SPECIAL PROVISIONS

ON-CALL ELECTRICAL MAINTENANCE

AND MINOR REPAIR SERVICES
SPECIFICATION NO. PW 24-100

1000-1 SCOPE OF WORK
The Contractor or Subcontractor(s) shall furnish all necessary labor, materials, equipment, supervision and other incidental and appurtenant Work to provide on-call electrical maintenance and minor repair services for the Public Works Department. The Public Works Department includes multiple divisions including but not limited to; environmental resources, water, wastewater, recycled water, storm water, parks, facility maintenance, fleet services, special districts, transportation and engineering and other City owned buildings and facilities throughout the City.

The scope of Work shall include, but not be limited to:

1. In coordination with City staff, inspect and identify required services to professionally complete the Work.

2. Troubleshoot, minor repair, maintain facilities infrastructure; and equipment as identified by City staff. Potential Work may be associated with any aspect of the systems and facilities operated and maintained by the Public Works divisions identified above.

3. Work shall also include minor repair and maintenance of electrical components, including low to medium voltage motor control centers and switchgears, variable frequency drives, control panels, video detection equipment, lighting fixtures, underground conduits, wiring and fiber cables and other appurtenances.

4. Perform Annual Services including Flash Hazard Analysis and Training, annual breaker testing and annual transformer oil sampling and testing.

5. Contractor shall furnish all labor, materials, tools, equipment, supplies, services, tasks, incidental and customary Work necessary to competently perform on- call electrical maintenance and related minor repair work at various City Facilities to maintain facility operation, protect public health, safety, property and the environment. Markup on parts and materials may not exceed 15% of contractor’s cost.
1000-2 RESPONSE TIME.

Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid sheets.

Response time by the Contractor shall be as stated below:

1. Non-Scheduled Urgent Repair Work:
(Bid items 1, 2, 3, 4, 5, 6, 7 & 8)
345
Agreement No.: 32500024
16 Contractor must verbally respond within 30 minutes of telephone notification by the City.

Contractor must be on the site within one (1) hour of the notification and begin work immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

For urgent minor repairs needing time sensitive attention and authorized to star t work ahead of a Task Order/Purchased Order, the Contractor shall submit to the Project Manager an invoice or cost estimate within 48 hours from the time the work was authorized. The cost estimate shall list the Scope of Work, materials, labor times, schedules and related items for urgent minor repairs completed and/or underway.

When the extent of urgency is no longer necessary because the threat of public health and safety and/or property is no longer present, the Contractor shall coordinate with Project Manager to schedule minor repair and maintenance Work. Scope of Work to complete the minor repairs may require a separate cost estimate for non-scheduled urgent minor repairs.

2. Scheduled Repair and Maintenance Work:
(Bid Items 9, 10, 11, 12, 13, 14, 15 & 16)
Contractor must verbally respond within 24 hours of telephone notification by the City. The scope of work and schedule shall be mutually agreed to between City staff and contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

Upon issuance of the task order for routine maintenance work and minor repairs, the Contractor is expected to commence the work within three (3) Working Days.

For maintenance and minor repair work that requires a permit, the Contractor shall file a building permit application with supporting documents to the Building and Engineering Division and obtain a permit. The City will either pay for permit fees in advance or reimburse the Contractor for permit costs. The City shall not pay mark -up costs, administrative charges, or any other charge beyond the permit costs. NOTE: Major non- routine or recurring repairs which may or may not require preparation of designs, drawings or plans for a permit are not allowed under this Agreement. This Agreement is limited to maintenance and minor repair work of a routine and recurring nature. All other Work must be bid separately by the City.
1000-3 PAYMENT
346
Agreement No.: 32500024
17 All Work shall be pre -approved by a Task Order issued by the Project Manager prior to starting Work. The Task Order will include all materials, labor, and taxes. A separate invoice is required for each Task Order issued pursuant to the Contract. Contractor is required to itemize the number of hours it will take for completion of a Task Order. Material and equipment rentals will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and Contract will be required to itemize the supplies cost within the Task Order. When requested, Contractor shall provide copies of receipts. Freight shall be incorporated into the cost of materials and or equipment rentals.

Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent en route or traveling to acquire parts or supplies unless approved by the Project Manager and included in the Task Order.

To assist with payment processing and avoid payment delays, ALL invoices submitted for payment shall include reference information noted in Task Order. Including but not limited to:

- Invoice Number (Partial or Final Invoice)
- Project Name & Address
- Estimate # & Date
- Task Order # | Amount $ 000.00
- Project Manager
- Scope of Work Description
347

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Response to Grand Jury Report on the City of Oxnard Permitting Process, “Building Better Together.”

RECOMMENDATION

That the City Council authorize the Mayor to respond, on behalf of the City Council, to the Grand Jury's "Building Better Together" report dated June 5, 2024.

(This item did not originate in Committee.)

BACKGROUND

DISCUSSION

Navigating a project through the permitting process can be a lengthy process involving numerous steps depending on the size and complexity of the project. The Grand Jury report entitled “Building Better Together - Suggestions for Smoother Permitting Process” examined the permitting process and sought to make recommendations to help streamline the process. The members of the Grand Jury interviewed current and former employees, developers, consultants, and reviewed numerous sources of public information to make their findings and recommendations. Although the Jurors were reviewing the entire development permitting process, their focus was primarily on housing projects.

As the report points out, numerous legislative actions have been enacted by the State of California to facilitate housing construction. In 2023 alone, there were more than 30 State Laws enacted to promote housing development by changing the approval process, mandating timelines, and in some cases removing local control from the process. The report focused in particular on two specific types of housing projects in making its assessment of the City of Oxnards permitting performance for the timeframe of 2018 to 2023: Accessory Dwelling Units and Housing Projects > 5 units. In addition, the report looked at leadership, staffing, and the technology used by the City, among other metrics in developing their conclusions.

The Grand Jury's report contained a total of 5 Findings and 3 Recommendations for the City of Oxnard. A response to each of the Findings and Recommendations can be found in Attachment 2. The Community Development Department disagrees with the most significant findings, and concludes that we have already been implementing each of the three recommendations.

The Community Development Department has been diligently working to reduce project backlogs and decreasing project throughput timelines since additional funding was provided by City Council starting in FY 21. The primary strategies being implemented to reduce project backlogs and reduce processing timelines includes:

1. Filling vacant positions with qualified candidates. The Department Currently has only 4 vacancies between the Building & Engineering and Planning Divisions, the two divisions directly involved in processing development projects. This is a significant improvement from December 2022 when these two divisions had a combined 12 348
vacancies. The Building & Engineering Division is currently fully staffed, including a new Senior Engineer/Deputy Building Official position created in the FY 24 Budget.

2. Utilizing Consultants to reduce the backlog. The Department’s contract services budget has been increased by over 325% from FY 2020 to FY 2024 due to the additional funding provided by City Council.

3. Implementing modern, updated software throughout the Department. Staff efforts to facilitate the roll-out of Tyler Energov (EPL) software began in early 2023. The Department is currently 30-40% through the implementation phase of the project which ultimately will enhance throughput efficiency by allowing for digital plan submittal, automating permit fee calculations, and producing meaningful reports for managers to assess workload and project throughput more readily. The anticipated ‘go-live’ date is set for Spring of 2025.

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: Jeff Pengilley, Community Development Director

ATTACHMENTS

1. County of Ventura Grand Jury Final Report- Building Better Together

2. Response to Grand Jury Report

349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Adoption of an Ordinance Establishing a Tobacco Retailer Cap.

RECOMMENDATION

That the City Council adopt an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 11-377 OF THE

OXNARD CITY CODE BY ESTABLISHING A CAP ON THE NUMBER OF TOBACCO RETAILER PERMITS THAT MAY BE ISSUED BY THE CITY WITH CERTAIN EXCEPTIONS.

(Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 19, 2024.)

BACKGROUND

There are 154 Tobacco Retailer permits issued in the City (population of 202,063.) Within Ventura County, in comparison to the existing 154 Tobacco Retailers in the City, Ventura has 113 Tobacco Retailers, Thousand Oaks has 66 Tobacco Retailers and Simi Valley has 99 Tobacco Retailers.

On May 19, 2024, staff received direction from the Community Services, Public Safety, Housing & Development Committee on the following three options:

Option 1: Establish a cap on the number of Tobacco Retailer permits issued in the City without exceptions; Option 2: Establish a cap on the number of Tobacco Retailer permits issued in the City with certain exceptions; or Option 3: Do not establish a cap on the number of Tobacco Retailer permits issued in the City.

The Committee recommended Option 2, establishing a Tobacco Retailer cap of 100 with certain exceptions.

On July 2, 2024, the Oxnard City Council unanimously voted to introduce and waive further reading of the ordinance establishing a tobacco retail cap with certain exceptions (Option 2). If adopted, the ordinance would amend Section 11- 377 of the Oxnard City Code by establishing a cap on the total number of Tobacco Retailer permits (100 permits maximum) that may be issued by the City with certain exceptions. Those exceptions are as follows:

1. The adult child of a Tobacco Retailer permittee is eligible to acquire a Tobacco Retailer permit at the same location as the previously operated Tobacco Retail establishment without impacting the cap.

2. A Tobacco Retailer who must relocate to another location in the city to comply with a government order is eligible to acquire a Tobacco Retailer permit without impacting the cap.

3. A spouse or domestic partner may acquire ownership of the Tobacco Retailer establishment through the death of, or divorce from the permit holder, and be eligible to acquire a Tobacco Retailer permit without impacting the cap.
385

The ordinance will become effective thirty days after adoption.

STRATEGIC PRIORITIES

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

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

On May 19, 2024, the Community Services, Public Safety, Housing & Development Committee recommended by a 3-0 vote that staff present the City Council with an ordinance establishing a tobacco retailer cap with certain exceptions.

Prepared by: Andrew Gonzalez, Deputy City Attorney, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Tobacco Retailer Cap Ordinance

386
ORDINANCE NO. ______

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

A CAP ON THE NUMBER OF TOBACCO RETAILER PERMITS THAT MAY BE

ISSUED BY THE CITY WITH CERTAIN EXCEPTIONS
WHEREAS, there are currently 154 Tobacco Retailer permits issued by the City of Oxnard (“City”); and
WHEREAS, within Ventura County, in comparison to the existing 154 Tobacco Retailers in the City, the City of Ventura has 113 Tobacco Retailers, the City of Thousand Oaks has 66 Tobacco Retailers and the City of Simi Valley has 99 Tobacco Retailers; and
WHEREAS, tobacco is the leading cause of preventable death in the United States and kills nearly 8 million people each year globally (World Health Organization 2019); and
WHEREAS, according to the Centers for Disease Control and Prevention (“CDC”), more than 480,000 deaths in the United States each year are attributable to tobacco use, including one-third of all cancer deaths; and WHEREAS, state law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors; and
WHEREAS, state law also prohibits public school students from smoking or using tobacco products while on campus, attending school-sponsored activities, or under the supervision or control of school district employees; and WHEREAS, despite these restrictions, minors continue to obtain cigarettes and other tobacco products at alarming rates -- 13.7% of California youth have smoked an entire cigarette by 8th grade according to a 2022 survey conducted by the California Department of Public Health.

WHEREAS, the City has a substantial interest in promoting compliance with state laws prohibiting sales of cigarettes and tobacco products to minors, in promoting compliance with laws intended to discourage the purchase of tobacco products by minors, and in protecting youth from illegally obtained tobacco; and WHEREAS, the City Council desires to establish a cap on the number of Tobacco Retailer permits that may be issued by the City with certain exceptions: where a Tobacco Retail establishment is transferred to an adult child of the existing owner, where a Tobacco Retail establishment must relocate due to a government order, or where the 387
spouse of domestic partner of an existing owner acquires ownership of the establishment through death or divorce.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Section 1. The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this Ordinance.

Section 2. Section 11-377 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 11-377 ISSUANCE OF PERMIT AND PERMIT CAP
(A) Upon receipt of a completed application for a tobacco retailer permit and the applicable permit fee, the collector shall issue a permit, after receiving input from appropriate city departments, unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is inaccurate or false. (2) The application seeks authorization for tobacco retailing at a location for which this article prohibits issuance of tobacco retailer permits. (3) The application seeks authorization for tobacco retailing for a proprietor to whom this article prohibits a permit to be issued.
(4) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
(B) The total number of tobacco retailer permits issued by the collector shall not exceed 100.
(C) In the event that the number of active tobacco retailer permits reaches the maximum limit of 100 as specified in subsection (B), no additional tobacco retailer permits shall be issued until such time as the total number of active tobacco retail permits falls below the maximum limit.
(D) Notwithstanding the cap on the total number of tobacco retailer permits as specified in subsections (B) and (C), the following exceptions shall apply:
(1) Adult Child Exception: The adult child of a tobacco retailer who operated a tobacco retail establishment at a specific location shall be eligible to acquire a tobacco 388
retailer permit at the same location as the previously operated tobacco retail establishment without impacting the cap on the total number of permits. (2) Relocation Due to Government Order: A tobacco retailer who is required to relocate to another location within the city due to a government order or regulatory action shall be eligible to acquire a tobacco retailer permit at a new location without impacting the cap on the total number of permits.
(3) Spouse or Domestic Partner Succession: Upon the death of or divorce from the permit holder, a spouse or domestic partner who acquires ownership of the tobacco retailer establishment shall be eligible to acquire a tobacco retailer permit without impacting the cap on the total number of permits.
(E) Any permit issued under the exceptions established in subsections (D) shall be subject to all other applicable provisions of the code governing tobacco retailer permits.” Section 3. Severability.

If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 4. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Section 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. _______ was first read on July 2, 2024, finally adopted on July 30, 2024, to become effective thirty (30) days thereafter. ///
///
///
///
389
AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John C. Zaragoza, Mayor
ATTEST:
__________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer, City Attorney
390

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.8

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Adoption of an Omnibus City Code Update.

RECOMMENDATION

That the City Council adopt 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.

(This item did not originate in Committee.)

BACKGROUND

On July 16, 2024, the City Council introduced and waived further reading of an ordinance which:

1. Establishes regulations regarding the placement of election signs on public property and in the public right of way, adding these regulations to the nuisance chapter of the OCC, Chapter 7;

2. Specifies that an application for a final map or parcel map processed under the Subdivision Map Act must be signed by the county Clerk and the City Clerk.

3. Removes the requirement that the planning division include directions to view a copy of a nuisance response plan when providing short-term rental permit notice to property owners within a 300-foot radius of an STR applicant's property; and

4. Strengthens the City's Rent Stabilization and Just Cause Eviction regulations by:
a. eliminating the existing provision stating that an owner may terminate a tenancy on a no-fault basis if the tenant refuses to execute a tenancy with new terms;
b. strengthening OCC 27-3(J) by clarifying that a person is an employee for the purposes of the existing regulations only if that person entered occupancy of the unit in the first place as an employee; c. strengthening OCC 27-4(A) by clarifying that the termination notice must: I. identify the person who is the owner or relative intending to move in and II. state where that person currently resides; d. strengthening OCC 27-21 by harmonizing the OCC with Costa-Hawkins, stating that an owner does not have the right to establish a tenancy's initial rent if the previous tenancy was terminated by notice pursuant to Civil Code Section 1946.1 (no-fault termination); and
e. clarifying that the City Manager may promulgate administrative procedures to address ordinance violations.

If adopted, the ordinance would become effective in thirty days.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a 391
modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Omnibus City Code Update Ordinance

392

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

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
WHEREAS, the Oxnard City Code (“OCC”) needs to be reviewed and amended periodically to address changes in state law, correct clerical errors, and establish or strengthen regulations; and
WHEREAS, the proposed sign regulations in this ordinance are intended to minimize the possible adverse effects of signs on public property and in the public right of way; and WHEREAS, without the proposed sign regulations, signage placed on public property or in the public right of way can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public; and WHEREAS, the City Council desires to enhance the City’s current sign regulations; and WHEREAS, the City Council desires to modify the City’s Rent Stabilization and Just Cause Eviction to comply with updates to State law; and
WHEREAS, the City Council desires to expedite the process to approve maps pursuant to the requirements of the Subdivision Map Act, and remove specified notice requirements for short term rental permit applicants.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Part 1. Article XXVI is hereby added to Chapter 7 of the Oxnard City Code to read as follows:
“ARTICLE XXVI. ELECTION SIGNS
SEC. 7-360 DEFINITIONS
ELECTION SIGN – A sign where text or images are limited to noncommercial speech pertaining to global, national, state, or local candidates or issues or other protected political expression, including, but not limited to, a sign pertaining to an election for public office or to a ballot measure to be placed before the voters in a federal, state or local election. This includes signs permanently or temporarily supported by a structure, including, but not limited to, one or more uprights, braces, poles, bicycle or other similar structural components when utilizing earth, 393
rock, the ground, or any foundation set in the ground as a primary holding base or set upon the ground as a free standing structure.

SEC. 7-361 ELECTION SIGNS ON PUBLIC PROPERTY
Election signs are not permitted on public property or in the public right-of-way, as defined in city code section 7-112(D). Election signs placed on public property or in the public right of way will be removed pursuant to this article.

SEC. 7-362 REMOVAL AND RETRIEVAL OF ELECTION SIGNS
(A) Election signs placed on public property or in the public right of way will be removed by the city. The city is not required to notify the owner before removing the election sign. (B) After removing the election sign, the city shall attempt to notify the owner of the removed election sign, if such information can be ascertained, to inform the owner on how to retrieve the election sign.
(C) Any election sign removed by the city may be considered abandoned if it is not retrieved within ninety (90) days after the date of such removal, and may be disposed of in accordance with state law.

SEC. 7-363 APPEALS
A person may request an informal appeal by the city manager or designee to determine whether or not the location of the election sign violates the city code.” Part 2. Section 15-51(A)(1) of the Oxnard City Code is hereby amended to read as follows:
“(A) An application for a final map or parcel map shall not be deemed complete until the following items have been submitted to the city:
(1) All the certificates required by the Subdivision Map Act, completed and signed, and where necessary acknowledged, excepting those signatures required of the county clerk, and the city clerk”
Part 3. Section 16-668.2 of the Oxnard City Code is hereby amended to read as follows:
“The planning division shall provide a mailed notice of permit issuance, and of each permit renewal, to the owner of the subject property and the owners of all real property situated within a radius of 300 feet of the exterior boundaries of the assessor’s parcel(s) which is the subject of the application.”
Part 4. Section 27-3(E) of the Oxnard City Code is hereby amended to read as follows:
“(E) The tenant has refused to execute an extension of a written lease. This ground for termination of a tenancy applies only if:
394
(1) The Owner requests or demands that the tenant execute a written extension of a written lease previously entered into between the Tenant and the Owner; and (2) The owner makes that request within 30 days before or after the termination of that lease; and
(3) The written extension of the lease is for a similar duration as the previous written lease and includes substantially identical terms and conditions. The addition of a provision allowing the Owner to terminate the lease to allow for the occupancy of the Owner, or the Owner’s spouse, domestic partner, child, grandchild, parent, or grandparent constitutes a similar lease provision for the purposes of this subdivision (E).”
Part 5. Section 27-3(J) of the Oxnard City Code is hereby amended to read as follows:
“(J) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure. This ground for termination does not apply if the occupant’s employment or status as agent or licensee began while the occupant was a tenant.” Part 6. Section 27-4(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The intent to occupy the residential real property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum 24 months, commencing within 90 days of the termination of tenancy. (1) For leases entered into on or after the effective date of this article, this subsection shall apply only if:
(a) the tenant agrees, in writing, to the termination; or (b) if a provision of the lease allows the owner to terminate the lease because the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, commencing within 90 days of the termination of tenancy. (2) Within 10 days of serving a tenant with a notice of termination under this subdivision (A), the owner must submit a sworn affidavit to the city, including the following:
(a) a statement that the owner or the owner’s spouse, intends in good faith to occupy the unit as to which the tenancy is to be terminated and to reside in that unit as their principal place of residence for a minimum of 24 months, commencing within 90 days of the tenancy of the termination.
(b) the name, and the relationship to the owner, of the person for whose occupancy in the unit the tenancy is being terminated.
(c) the address of the owner or owner’s spouse’s domestic partner’s, child’s, grandchild’s, parent’s, or grandparent’s principal place of residence as of the date when the tenant was served the notice of termination.”
Part 7. Section 27-9(B)(4) of the Oxnard City Code is hereby amended to read as follows:
395
“(B) Notice of termination of tenancy. When terminating a tenancy either at-fault or no-fault, an owner must comply with all of the following:
(4) The owner has submitted to the city, within five days after service of the notice of termination on the tenant, a true and accurate copy of the owner's written notice of termination, and proof of such service, signed under penalty of perjury by the person who effected such service, on the tenant. The owner shall maintain proof of service to the city as evidence that the owner has complied with this section.”
Part 8. Section 27-21 of the Oxnard City Code is hereby amended to read as follows:
“(A) Increases in rent on residential real property in the City of Oxnard in excess of 4%, and more than one rent increase in any 12 month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in Cal. Civil Code, Section 1954.50 et seq.
(B) Under the Costa-Hawkins Rental Housing Act, an owner is entitled to establish the initial rental rate for new tenancies, unless the previous tenancy was terminated by a notice pursuant to Civil Code Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees.

Therefore, an owner who terminates a tenancy for a no-fault reason under this Chapter by a notice pursuant to Civil Code Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees may charge the subsequent tenant no more than the amount of rent that the owner could lawfully charge for the previous, terminate, tenancy plus any intervening 4% annual adjustments.”
Part 9. Section 27-10(A) of the Oxnard City Code is hereby amended to read as follows:
“(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this ordinance. Any regulation intended to clarify the meaning of any provision of this ordinance, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolution of the City Council. If approved by the City Council, the regulation shall be published in an appropriate location, along with any other regulations implementing this ordinance, on the City's website. Any presentation to the City Council pursuant to this subdivision (A) shall include:
(1) a succinct statement of why the regulation is necessary or desirable; (2) a succinct statement of what the regulation would do; (3) a succinct statement of how the proposed regulation is consistent with the intent of the ordinance provision to which it relations; and
(4) the complete text of the proposed regulation.”
Part 10. Section 27-28.1 of the Oxnard City Code is hereby added to read as follows:
396
“(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this ordinance. Any regulation intended to clarify the meaning of any provision of this ordinance, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolution of the City Council. If approved by the City Council, the regulation shall be published in an appropriate location, along with any other regulations implementing this ordinance, on the City's website. Any presentation to the City Council pursuant to this subdivision (A) shall include:
(1) a succinct statement of why the regulation is necessary or desirable; (2) a succinct statement of what the regulation would do; (3) a succinct statement of how the proposed regulation is consistent with the intent of the ordinance provision to which it relations; and
(4) the complete text of the proposed regulation.”
Part 11. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one of more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

Part 12. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
397
Part 13. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation, published and circulated in the City.

Ordinance No. was first read on July 16, 2024, and finally adopted on July 30, 2024, to become effective thirty days thereafter.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
398

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9

DATE: July 30, 2024

TO: City Council

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

SUBJECT: City’s Quarterly Investment Report for the period ending June 30, 2024.

RECOMMENDATION

That the City Council receive and file the City's quarterly investment report.

(This item did not originate in Committee.)

BACKGROUND

The City of Oxnard (City) invests funds in compliance with California Government Code Section 53600 et. Seq., and the City’s Investment Policy. This report follows the guidelines established in California Government Code section 53646 and the City’s adopted Investment Policy.

DISCUSSION:

The City’s total cash and investment position as of June 30, 2024 was $469,5 million, with $19.5 million in cash accounts and $450.0 million in investments, as summarized in the table below.

399

Statutory Compliance

All investment transactions have been executed in conformance with the City’s Investment Policy and the California Government Code. The table below represents the City’s investment portfolio by authorized investment and duration for a total portfolio amount of $450.0 million.

Authorized Investment
at Market Value
Allowable
Threshold
($ million or
%)
Under 1 year 1-3 years Over 3 years Total Average
Yield to
Maturity
Portfolio
%
LAIF $75.0 $75.0 $- $- $75.0 4.272%** 16.2%
VCIP n/a 32.9 - - 32.9 4.400% 7.1%
Federal Agencies n/a 45.6 205.6 33.9 285.0 2.57% 63.34% Medium Term Notes 30% 12.8 26.6 2.0 41.4 2.43% 9.19% Supranational 20% 1.0 - - 1.0 0.53% 0.22%
Treasuries n/a 14.7 - - 14.7 5.15% 3.28%
Total Investment $181.9 $232.2 $35.8 $450.0 3.05% 100% *Total may not add due to rounding
**LAIF Average Yield as of May 31, 2024

Portfolio Trends

The cash and investment position, excluding the Successor Agency account, as of June 30, 2024, has increased by $21 million compared with the cash and investment position as of June 30, 2023. The quarterly trend in cash and investment position is represented in the following chart.

The California Government Code and the City’s Investment Policy define the eligible investments that the City can purchase to allocate surplus funds. The table below summarizes the City’s investment portfolio by investment type. The attached investment report includes details of the individual investments under each investment type.

400

The chart below represents the City’s investment portfolio classified by days until maturities from June 30, 2024. Pooled investments in LAIF and Ventura County Investment Pool provide immediate liquidity to support cash flow needs of the City, and are included in the maturity group 0 to 30 days.

The chart below represents the City’s average return on investments, alongside with three-year Treasury bill and the LAIF quarterly Apportionment rates at the end of each quarter, as benchmarks for the City’s portfolio.

401

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. 202406 Investment report

2. 20240730 Investment report June 30, 2024

402
Investment report
for the month Ended in June, 2024
City of Oxnard
Javier Chagoyen‐Lazaro Date
Chief Financial Officer
City of Oxnard
Investments have been made in compliance with California Government Code and in accordance with the City's Investment Policy.

SYMPRO provides the market value for negotiable instruments held in safekeeping included in this report. For investments not held by the City's custodian, market values are obtained from individual monthly statements. Based on analysis of cash receipts, expenditures, and daily cash flows, it is projected that revenues and investment liquidity are sufficient to meet expenditure requirements for the next six months.

All Investment transactions have been exectured in accordance with the criteria stated in the City's investment Policy (Resolution No. 15,189) adopted by the City Council held on July 2, 2024 07/18/2023
403
City of Oxnard
Cash and Investment Summary
Month Ended
June 30, 2024
June 2024
Cash
Bank of America General Account 11,465,147.00
Bank of America Successor Agency Account 7,920,822.01
Bank of America  Citations Account 107,633.00
Bank of America  Golf Course Account ‐
Total Cash 19,493,602.01
Investments
Local Agency Investment Fund (LAIF) 75,000,000.00
Ventura County Investment Pool (VCIP) 32,900,292.94
Certificates of Deposits ‐
Bank
Notes ‐
Municipal Bonds ‐
Federal Agency ‐
Supra‐National Agency Bonds * 969,250.00
Medium Term Notes * 41,363,373.68
U.S. Treasury Notes * 14,746,415.00
U.S. Government Sponsored Entities * 285,008,317.39
Total Investments 449,987,649.01
Total Cash and Investments 469,481,251.02
* Market Value
404
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2023 ‐ 2024
June 1 ‐ June 30, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
County Investment Pool
VCIP            Ventura County Investment Pool 32,900,292.94 32,900,292.94 32,900,292.94 4.400 1 4.400 Federal Agency Coupon Securities
31422XAS1       Farmer Mac 3/2/2021 1,000,000.00 932,893.00 1,000,000.00 0.610 609 0.610 3/2/2026 31422XNQ1       Farmer Mac 10/5/2021 3,000,000.00 2,961,777.00 3,000,000.00 0.560 95 0.560 10/4/2024 3133EPYB5       Federal Farm Credit Bank 10/10/2023 1,000,000.00 999,950.00 1,000,000.00 5.500 101 5.500 10/10/2024 3133EPYB5       Federal Farm Credit Bank 10/10/2023 1,000,000.00 999,950.00 1,000,000.00 5.500 101 5.500 10/10/2024 3133EP3D5       Federal Farm Credit Bank 2/22/2024 2,000,000.00 1,998,804.00 1,998,191.11 5.520 1,239 5.553 11/22/2027 3133EP3D5       Federal Farm Credit Bank 2/28/2024 1,000,000.00 999,402.00 998,864.40 5.520 1,239 5.560 11/22/2027 3133EMNK4       Federal Farm Credit Bank 1/22/2021 2,000,000.00 1,993,128.00 2,000,000.00 0.310 21 0.310 7/22/2024 3133EMNK4       Federal Farm Credit Bank 1/22/2021 1,000,000.00 996,564.00 1,000,000.00 0.310 21 0.310 7/22/2024 3133EMQQ8       Federal Farm Credit Bank 2/12/2021 1,000,000.00 980,151.00 1,000,000.00 0.300 134 0.300 11/12/2024 3133EMQQ8       Federal Farm Credit Bank 2/25/2021 2,000,000.00 1,960,302.00 1,999,510.10 0.300 134 0.368 11/12/2024 3133ENBK5       Federal Farm Credit Bank 10/20/2021 1,000,000.00 919,779.00 1,000,000.00 1.140 841 1.140 10/20/2026 3130AQKJ1       Federal Home Loan Bank 1/28/2022 1,000,000.00 928,510.00 1,000,000.00 1.700 941 1.700 1/28/2027 3130AQPD9       Federal Home Loan Bank 2/17/2022 1,000,000.00 934,459.00 1,000,000.00 2.000 961 2.000 2/17/2027 3130AQPD9       Federal Home Loan Bank 2/17/2022 1,000,000.00 934,459.00 1,000,000.00 2.000 961 2.000 2/17/2027 3130AQSM6       Federal Home Loan Bank 2/25/2022 1,000,000.00 933,484.00 1,000,000.00 2.050 969 2.050 2/25/2027 3130AQRH8       Federal Home Loan Bank 2/25/2022 1,000,000.00 933,892.00 1,000,000.00 2.000 969 2.000 2/25/2027 3130AQRK1       Federal Home Loan Bank 2/25/2022 1,000,000.00 933,114.00 1,000,000.00 2.030 969 2.030 2/25/2027 3130AR2C4       Federal Home Loan Bank 2/28/2022 1,000,000.00 980,062.00 1,000,000.00 2.200 242 2.200 2/28/2025 3130AQYG2       Federal Home Loan Bank 2/28/2022 1,000,000.00 944,427.00 1,000,000.00 2.500 969 2.493 2/25/2027 3130AQX65       Federal Home Loan Bank 3/4/2022 2,000,000.00 1,875,992.00 2,000,000.00 2.250 976 2.250 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,000,000.00 936,779.00 1,000,000.00 2.200 976 2.200 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,000,000.00 936,779.00 1,000,000.00 2.200 976 2.200 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,300,000.00 1,217,812.70 1,297,913.50 2.200 976 2.264 3/4/2027 3130AQX65       Federal Home Loan Bank 3/4/2022 2,700,000.00 2,532,589.20 2,698,555.50 2.250 976 2.271 3/4/2027 3130AR2D2       Federal Home Loan Bank 3/10/2022 1,000,000.00 969,394.00 1,000,000.00 2.750 982 3.034 3/10/2027 3130ARAX9       Federal Home Loan Bank 3/30/2022 1,000,000.00 955,760.00 1,000,000.00 3.000 997 3.000 3/25/2027 3130ARDV0       Federal Home Loan Bank 4/8/2022 1,000,000.00 955,752.00 1,000,000.00 3.000 997 3.000 3/25/2027 3130ARZF1       Federal Home Loan Bank 5/9/2022 2,600,000.00 2,551,460.60 2,600,000.00 3.400 435 3.401 9/9/2025 3130ARZE4       Federal Home Loan Bank 5/25/2022 2,000,000.00 1,986,072.00 2,000,000.00 4.200 1,058 4.186 5/25/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 982,541.00 1,000,000.00 4.000 1,059 4.000 5/26/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 982,541.00 1,000,000.00 4.000 1,059 4.000 5/26/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 982,541.00 1,000,000.00 4.000 1,059 4.000 5/26/2027 3130AS4F3       Federal Home Loan Bank 6/9/2022 2,000,000.00 1,963,012.00 2,000,000.00 4.000 1,057 4.000 5/24/2027 3130AS4F3       Federal Home Loan Bank 6/9/2022 2,000,000.00 1,963,012.00 2,000,000.00 4.000 1,057 4.000 5/24/2027 3130ASFQ7       Federal Home Loan Bank 6/29/2022 1,000,000.00 981,472.00 999,850.28 4.000 1,093 4.006 6/29/2027 3130ASHT9       Federal Home Loan Bank 7/12/2022 1,000,000.00 989,193.00 1,000,000.00 4.500 1,106 4.500 7/12/2027 3130ASGP8       Federal Home Loan Bank 7/14/2022 2,000,000.00 1,971,572.00 2,000,000.00 4.100 378 4.100 7/14/2025 3130ASF38       Federal Home Loan Bank 7/22/2022 1,000,000.00 977,318.00 1,000,000.00 4.100 1,116 4.100 7/22/2027 3130ASKZ1       Federal Home Loan Bank 7/22/2022 1,000,000.00 983,888.00 1,000,000.00 4.250 570 4.250 1/22/2026 3130ASLA5       Federal Home Loan Bank 7/26/2022 1,000,000.00 991,465.00 1,000,000.00 4.500 1,120 4.500 7/26/2027 3130ASNN5       Federal Home Loan Bank 7/28/2022 1,000,000.00 987,657.00 1,000,000.00 4.375 1,122 4.375 7/28/2027 3130ASPP8       Federal Home Loan Bank 8/8/2022 1,000,000.00 990,826.00 1,000,000.00 4.300 403 4.300 8/8/2025 3130AT3P0       Federal Home Loan Bank 9/28/2022 1,000,000.00 999,083.00 1,000,000.00 5.000 1,170 5.000 9/14/2027 3130ATK63       Federal Home Loan Bank 10/25/2022 1,000,000.00 999,528.00 1,000,000.00 4.875 24 4.879 7/25/2024 3130AUCX0       Federal Home Loan Bank 1/24/2023 2,000,000.00 1,992,928.00 2,000,000.00 5.250 361 5.248 6/27/2025 3130AUFW9       Federal Home Loan Bank 1/27/2023 1,000,000.00 998,510.00 999,971.39 5.350 210 5.355 1/27/2025 3130AUFW9       Federal Home Loan Bank 1/27/2023 1,000,000.00 998,510.00 999,971.39 5.350 210 5.355 1/27/2025 3130AUJV7       Federal Home Loan Bank 1/27/2023 1,000,000.00 998,217.00 1,000,000.00 5.000 756 5.000 7/27/2026

Page 3 ends

405
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2023 ‐ 2024
June 1 ‐ June 30, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
3130AUMY7 Federal Home Loan Bank 1/30/2023 1,000,000.00 997,847.00 1,000,000.00 5.400 1,306 5.400 1/28/2028 3130AUHX5 Federal Home Loan Bank 1/30/2023 1,065,000.00 1,063,798.68 1,065,000.00 5.400 575 5.400 1/27/2026 3130AVRV6 Federal Home Loan Bank 4/28/2023 1,000,000.00 998,602.00 1,000,000.00 5.650 1,397 5.650 4/28/2028 3130AVRV6 Federal Home Loan Bank 4/28/2023 2,000,000.00 1,997,204.00 2,000,000.00 5.650 1,397 5.650 4/28/2028 3130AYB39 Federal Home Loan Bank 12/27/2023 5,000,000.00 5,000,160.00 5,000,000.00 5.400 539 5.399 12/22/2025 3130AYBY1 Federal Home Loan Bank 1/2/2024 12,000,000.00 11,943,576.00 12,000,000.00 5.120 366 5.120 7/2/2025 3130AYLP9 Federal Home Loan Bank 1/19/2024 1,000,000.00 996,786.00 1,000,000.00 5.000 473 5.005 10/17/2025 3130AYNA0 Federal Home Loan Bank 1/25/2024 1,000,000.00 998,212.00 1,000,000.00 5.550 1,669 5.550 1/25/2029 3130AYZG4 Federal Home Loan Bank 2/15/2024 1,000,000.00 996,432.00 1,000,000.00 5.400 1,689 5.400 2/14/2029 3130AXVH8 Federal Home Loan Bank 2/21/2024 5,000,000.00 4,996,025.00 5,004,518.87 5.500 1,239 5.467 11/22/2027 3130AYYJ9 Federal Home Loan Bank 2/15/2024 1,000,000.00 1,003,304.00 1,000,000.00 5.000 1,690 5.000 2/15/2029 3130B03H0 Federal Home Loan Bank 2/27/2024 5,000,000.00 4,987,864.44 5,003,819.44 5.500 1,331 5.500 2/22/2028 3130B0EQ8 Federal Home Loan Bank 3/19/2024 1,000,000.00 996,605.83 999,952.69 5.375 1,716 5.398 3/13/2029 3130B1LW5 Federal Home Loan Bank 5/30/2024 2,000,000.00 2,002,932.00 2,000,000.00 5.250 697 5.250 5/29/2026 3130AKLL8 Federal Home Loan Bank 12/30/2020 2,000,000.00 1,870,636.00 2,000,000.00 0.500 547 0.500 12/30/2025 3130AKN36 Federal Home Loan Bank 1/20/2021 2,000,000.00 1,867,144.00 2,000,000.00 0.525 563 0.525 1/15/2026 3130AKNK8 Federal Home Loan Bank 1/20/2021 5,000,000.00 4,716,300.00 5,000,000.00 0.500 476 0.500 10/20/2025 3130AKNK8 Federal Home Loan Bank 1/20/2021 1,000,000.00 943,260.00 1,000,000.00 0.500 476 0.500 10/20/2025 3130AKQ74 Federal Home Loan Bank 1/22/2021 5,000,000.00 4,671,270.00 5,000,000.00 0.625 570 0.625 1/22/2026 3130AKMD5 Federal Home Loan Bank 1/26/2021 5,000,000.00 4,659,920.00 4,999,215.28 0.500 574 0.510 1/26/2026 3130AKNR3 Federal Home Loan Bank 1/26/2021 1,000,000.00 932,886.00 1,000,000.00 0.560 574 0.560 1/26/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,691,375.00 5,000,000.00 0.750 575 0.609 1/27/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,691,375.00 5,000,000.00 0.750 575 0.609 1/27/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,869,576.00 2,000,063.00 0.700 576 0.698 1/28/2026 3130AKRN8 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,865,504.00 2,000,000.00 0.650 576 0.650 1/28/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 5,000,000.00 4,673,940.00 5,000,000.00 0.700 576 0.700 1/28/2026 3130AKQ82 Federal Home Loan Bank 1/28/2021 1,500,000.00 1,399,920.00 1,500,000.00 0.600 576 0.600 1/28/2026 3130AKPN0 Federal Home Loan Bank 1/29/2021 2,000,000.00 1,866,200.00 2,000,000.00 0.600 577 0.600 1/29/2026 3130AKVN3 Federal Home Loan Bank 1/29/2021 1,000,000.00 931,892.00 1,000,000.00 0.520 577 0.520 1/29/2026 3130AKVQ6 Federal Home Loan Bank 1/29/2021 1,000,000.00 941,279.00 1,000,000.00 0.470 485 0.470 10/29/2025 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 937,028.00 1,000,000.00 0.750 588 0.539 2/9/2026 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 937,028.00 1,000,000.00 0.750 588 0.540 2/9/2026 3130AKTJ5 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,862,228.00 2,000,000.00 0.540 588 0.540 2/9/2026 3130AKVA1 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,874,056.00 2,000,000.00 0.750 588 0.564 2/9/2026 3130AKVR4 Federal Home Loan Bank 2/12/2021 1,000,000.00 929,803.00 1,000,000.00 0.550 591 0.550 2/12/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 2,000,000.00 1,861,368.00 1,998,352.78 0.625 603 0.676 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 930,291.00 999,736.44 0.600 603 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 5,000,000.00 4,651,455.00 4,998,682.22 0.600 603 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 3,000,000.00 2,790,873.00 3,000,000.00 0.600 603 0.600 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 930,291.00 999,835.28 0.600 603 0.610 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 930,291.00 999,835.28 0.600 603 0.610 2/24/2026 3130ALCB8 Federal Home Loan Bank 2/24/2021 1,000,000.00 931,549.00 1,000,000.00 0.680 603 0.680 2/24/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 1,000,000.00 930,684.00 999,835.28 0.625 603 0.635 2/24/2026 3130AKWM4 Federal Home Loan Bank 2/26/2021 1,000,000.00 979,004.00 1,000,000.00 0.300 148 0.300 11/26/2024 3130ALES9 Federal Home Loan Bank 2/26/2021 2,000,000.00 1,983,986.00 2,000,000.00 0.330 56 0.330 8/26/2024 3130ALFS8 Federal Home Loan Bank 3/10/2021 1,000,000.00 930,543.00 1,000,000.00 0.800 617 0.800 3/10/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 932,918.00 1,000,000.00 0.800 623 0.800 3/16/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 932,918.00 1,000,000.00 0.800 623 0.800 3/16/2026 3130ALGB4 Federal Home Loan Bank 3/17/2021 1,000,000.00 932,806.00 1,000,000.00 0.800 624 0.800 3/17/2026 3130ALGJ7 Federal Home Loan Bank 3/23/2021 975,000.00 912,117.38 975,000.00 1.000 630 1.000 3/23/2026 3130ALGC2 Federal Home Loan Bank 3/23/2021 1,000,000.00 933,444.00 1,000,000.00 0.875 630 0.875 3/23/2026 3130ALLN2 Federal Home Loan Bank 3/24/2021 2,000,000.00 1,878,900.00 2,000,000.00 1.000 631 0.871 3/24/2026

Page 4 ends

406
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2023 ‐ 2024
June 1 ‐ June 30, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
3130ALNU4 Federal Home Loan Bank 3/24/2021 1,000,000.00 967,447.00 1,000,000.00 0.680 266 0.680 3/24/2025 3130AM2F8 Federal Home Loan Bank 4/29/2021 1,000,000.00 935,134.00 1,000,000.00 1.125 667 1.125 4/29/2026 3130AM4L3 Federal Home Loan Bank 4/29/2021 1,000,000.00 937,670.00 1,000,000.00 1.250 667 1.097 4/29/2026 3130AMJH6 Federal Home Loan Bank 5/26/2021 1,000,000.00 931,239.00 1,000,000.00 1.050 694 1.050 5/26/2026 3130AML42 Federal Home Loan Bank 5/27/2021 1,000,000.00 934,144.00 1,000,000.00 1.200 695 0.957 5/27/2026 3130AMCM2 Federal Home Loan Bank 6/3/2021 1,250,000.00 1,209,473.75 1,249,882.13 2.000 680 1.543 5/12/2026 3130AMM41 Federal Home Loan Bank 6/16/2021 5,000,000.00 4,641,740.00 5,000,000.00 1.000 715 1.000 6/16/2026 3130AMPT3 Federal Home Loan Bank 6/23/2021 5,000,000.00 4,641,615.00 5,000,000.00 1.030 722 1.030 6/23/2026 3130AMYP1 Federal Home Loan Bank 7/15/2021 3,000,000.00 2,783,439.00 3,000,000.00 1.125 744 1.125 7/15/2026 3130ANWH9 Federal Home Loan Bank 9/24/2021 1,000,000.00 922,105.00 1,000,000.00 1.080 806 1.080 9/15/2026 3130ANYS3 Federal Home Loan Bank 10/12/2021 1,000,000.00 962,717.00 999,567.18 0.625 303 0.678 4/30/2025 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 918,973.00 1,000,000.00 1.100 834 1.100 10/13/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 918,973.00 1,000,000.00 1.100 834 1.100 10/13/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 917,699.00 1,000,000.00 1.050 836 1.050 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 917,699.00 1,000,000.00 1.050 836 1.050 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 917,699.00 1,000,000.00 1.050 836 1.050 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 917,484.00 999,862.67 1.040 836 1.046 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 917,699.00 1,000,000.00 1.050 836 1.050 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 917,484.00 1,000,000.00 1.040 836 1.040 10/15/2026 3130APAY1 Federal Home Loan Bank 10/21/2021 3,000,000.00 2,754,810.00 3,000,000.00 1.100 842 1.100 10/21/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 1,000,000.00 919,260.00 1,000,000.00 1.150 843 1.150 10/22/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 2,000,000.00 1,838,520.00 2,000,000.00 1.150 843 1.150 10/22/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,841,690.00 2,000,000.00 1.200 847 1.200 10/26/2026 3130APC45 Federal Home Loan Bank 10/26/2021 1,000,000.00 920,408.00 1,000,000.00 1.180 847 1.180 10/26/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,841,690.00 1,999,536.11 1.200 847 1.210 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 921,932.00 1,000,000.00 1.250 847 1.250 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,843,864.00 2,000,000.00 1.250 847 1.250 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 921,932.00 1,000,000.00 1.250 847 1.250 10/26/2026 3130APF91 Federal Home Loan Bank 10/27/2021 1,000,000.00 976,540.00 1,000,000.00 0.650 179 0.650 12/27/2024 3130APG82 Federal Home Loan Bank 10/28/2021 1,000,000.00 933,419.00 1,000,000.00 1.000 849 1.264 10/28/2026 3130APHV0 Federal Home Loan Bank 10/28/2021 2,000,000.00 1,840,458.00 2,000,000.00 1.180 849 1.180 10/28/2026 3130APDQ5 Federal Home Loan Bank 10/28/2021 1,000,000.00 921,798.00 1,000,000.00 1.250 849 1.250 10/28/2026 3130APKZ7 Federal Home Loan Bank 10/28/2021 1,000,000.00 974,670.00 1,000,000.00 0.875 211 0.875 1/28/2025 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 920,688.00 1,000,000.00 1.250 862 1.250 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 920,688.00 998,820.83 1.250 862 1.302 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 920,688.00 1,000,000.00 1.250 862 1.250 11/10/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 921,902.00 1,000,000.00 1.375 868 1.375 11/16/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 921,902.00 1,000,000.00 1.375 868 1.375 11/16/2026 3130APL37 Federal Home Loan Bank 11/16/2021 1,000,000.00 922,461.00 1,000,000.00 1.400 868 1.400 11/16/2026 3130APNK7 Federal Home Loan Bank 11/18/2021 1,000,000.00 921,729.00 1,000,000.00 1.375 870 1.375 11/18/2026 3130APPZ2 Federal Home Loan Bank 11/23/2021 1,000,000.00 925,923.00 1,000,000.00 1.500 875 1.500 11/23/2026 3130AQ3T8 Federal Home Loan Bank 12/23/2021 1,000,000.00 934,724.00 1,000,000.00 2.000 905 1.641 12/23/2026 3130AQAB9 Federal Home Loan Bank 12/30/2021 1,250,000.00 1,157,271.25 1,250,000.00 1.625 912 1.625 12/30/2026 3134GXQF4 Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 962,135.00 1,000,000.00 3.250 1,016 3.250 4/13/2027 3134GXSH8 Federal Home Loan Mtg Corp 5/17/2022 1,000,000.00 981,010.00 1,000,000.00 4.000 1,050 4.000 5/17/2027 3134GXTD6 Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,970,416.00 2,000,000.00 3.500 326 3.500 5/23/2025 3134GXSZ8 Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,968,686.00 2,000,000.00 3.400 326 3.400 5/23/2025 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,974,288.00 2,000,000.00 4.000 1,059 4.213 5/26/2027 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 1,000,000.00 987,144.00 1,000,000.00 4.000 1,059 4.213 5/26/2027 3134GXTB0 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,975,118.00 1,999,881.31 3.250 240 3.261 2/26/2025 3134GXTA2 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,991,418.00 2,000,000.00 3.050 56 3.051 8/26/2024 3134GXTB0 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,975,118.00 2,000,000.00 3.250 240 3.251 2/26/2025

Page 5 ends

407
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2023 ‐ 2024
June 1 ‐ June 30, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,974,288.00 2,000,000.00 4.000 1,059 4.213 5/26/2027 3134GXTE4       Federal Home Loan Mtg Corp 5/27/2022 1,000,000.00 980,936.00 1,000,000.00 4.000 1,060 4.000 5/27/2027 3134GXUJ1       Federal Home Loan Mtg Corp 5/27/2022 2,000,000.00 1,981,788.00 2,000,000.00 3.250 149 3.250 11/27/2024 3134GXA61       Federal Home Loan Mtg Corp 6/30/2022 1,000,000.00 993,761.00 1,000,000.00 4.000 182 4.000 12/30/2024 3134GXZN7       Federal Home Loan Mtg Corp 7/12/2022 1,000,000.00 983,521.00 1,000,000.00 4.250 1,106 4.250 7/12/2027 3134GXD50       Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 987,686.00 1,000,000.00 4.000 385 4.000 7/21/2025 3134GXD50       Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 987,686.00 1,000,000.00 4.000 385 4.000 7/21/2025 3134GXE67       Federal Home Loan Mtg Corp 7/28/2022 1,000,000.00 983,479.00 1,000,000.00 4.250 1,122 4.250 7/28/2027 3134GXG73       Federal Home Loan Mtg Corp 8/12/2022 1,000,000.00 998,039.00 999,971.53 4.100 42 4.126 8/12/2024 3134GXQ23       Federal Home Loan Mtg Corp 8/25/2022 1,000,000.00 983,025.00 1,000,000.00 4.250 1,150 4.250 8/25/2027 3134GX3R3       Federal Home Loan Mtg Corp 10/18/2022 1,000,000.00 997,992.00 1,000,000.00 5.000 290 5.000 4/17/2025 3134GY4B5       Federal Home Loan Mtg Corp 11/28/2022 1,000,000.00 998,971.00 1,000,000.00 5.000 56 5.005 8/26/2024 3134GYEY4       Federal Home Loan Mtg Corp 1/27/2023 1,000,000.00 997,521.00 1,000,000.00 5.050 575 5.050 1/27/2026 3134GYFM9       Federal Home Loan Mtg Corp 2/1/2023 2,000,000.00 1,998,980.00 2,000,000.00 5.050 31 5.050 8/1/2024 3134GYJ29       Federal Home Loan Mtg Corp 1/17/2024 1,000,000.00 998,741.00 1,000,000.00 5.150 228 5.146 2/14/2025 3134H1PK3       Federal Home Loan Mtg Corp 1/18/2024 1,000,000.00 998,827.00 1,000,000.00 5.000 934 5.000 1/21/2027 3134H1TG8       Federal Home Loan Mtg Corp 2/21/2024 5,000,000.00 4,989,205.00 5,000,000.00 5.500 1,696 5.500 2/21/2029 3134H1TY9       Federal Home Loan Mtg Corp 2/23/2024 1,000,000.00 998,947.00 1,000,000.00 5.150 597 5.150 2/18/2026 3134H1TY9       Federal Home Loan Mtg Corp 2/23/2024 1,000,000.00 998,947.00 1,000,000.00 5.150 597 5.150 2/18/2026 3134H1VM2       Federal Home Loan Mtg Corp 2/27/2024 5,000,000.00 4,994,410.00 5,000,000.00 5.250 606 5.250 2/27/2026 3134GXKJ2       Federal Home Loan Mtg Corp 1/22/2021 2,000,000.00 1,869,636.00 2,000,000.00 0.550 570 0.550 1/22/2026 3135GAEB3       Federal National Mtg Assn 1/30/2023 1,000,000.00 998,564.00 1,000,000.00 5.125 392 5.125 7/28/2025 3135GAEB3       Federal National Mtg Assn 1/30/2023 1,000,000.00 998,564.00 1,000,000.00 5.125 392 5.125 7/28/2025 3135GAFT3       Federal National Mtg Assn 3/30/2023 1,000,000.00 998,698.00 1,000,000.00 5.300 91 5.300 9/30/2024 3135GALZ2       Federal National Mtg Assn 1/18/2024 1,000,000.00 998,875.00 1,000,000.00 5.000 928 5.000 1/15/2027 3135GALZ2       Federal National Mtg Assn 1/18/2024 2,000,000.00 1,997,750.00 2,000,000.00 5.000 928 5.000 1/15/2027 3135GAL82       Federal National Mtg Assn 1/23/2024 2,000,000.00 2,002,027.56 2,004,005.56 5.150 192 5.147 1/9/2025 Local Agency Investment Funds
LAIF            LAIF 75,000,000.00 75,000,000.00 75,000,000.00 4.272 1 4.272 Medium Term Notes
037833DF4       Apple Inc. 12/28/2023 10,000,000.00 9,861,510.00 9,899,588.10 2.750 196 4.700 1/13/2025 037833DX5       Apple Inc. 1/26/2021 1,000,000.00 949,745.00 1,000,141.81 0.550 415 0.537 8/20/2025 037833EB2       Apple Inc. 2/8/2021 1,000,000.00 933,866.00 999,983.97 0.700 587 0.071 2/8/2026 06048WS43       Bank of America 2/18/2022 3,000,000.00 2,863,863.00 3,000,000.00 2.000 413 2.000 8/18/2025 06048WV98       Bank of America 5/27/2022 2,000,000.00 1,945,578.00 2,000,000.00 4.050 695 4.050 5/27/2026 06048WW63       Bank of America 6/22/2022 1,000,000.00 984,224.00 1,000,000.00 5.000 1,086 5.000 6/22/2027 06048WZ29       Bank of America 10/20/2022 1,000,000.00 995,933.00 1,000,000.00 6.000 1,206 6.000 10/20/2027 06051GFS3       Bank of America 1/8/2021 1,000,000.00 984,695.00 1,032,605.23 3.875 396 0.804 8/1/2025 06048WL32       Bank of America 2/24/2021 1,000,000.00 922,255.00 1,000,000.00 0.800 603 0.080 2/24/2026 06048WL99       Bank of America 5/14/2021 1,000,000.00 927,630.00 1,000,000.00 1.400 682 1.400 5/14/2026 06048WL99       Bank of America 5/14/2021 2,000,000.00 1,855,260.00 2,000,000.00 1.400 682 1.400 5/14/2026 06048WL99       Bank of America 5/14/2021 2,000,000.00 1,855,260.00 2,000,000.00 1.400 682 1.400 5/14/2026 06048WM64       Bank of America 7/12/2021 1,000,000.00 896,950.00 999,395.32 1.200 724 1.231 6/25/2026 06048WM72       Bank of America 7/30/2021 1,000,000.00 906,526.00 1,000,000.00 1.200 759 1.200 7/30/2026 06048WP20       Bank of America 9/24/2021 1,000,000.00 907,268.00 1,000,000.00 1.250 815 1.250 9/24/2026 06048WP20       Bank of America 9/24/2021 1,000,000.00 907,268.00 1,000,000.00 1.250 815 1.250 9/24/2026 06748WMK6       Barclays Bank PLC 10/29/2021 1,000,000.00 959,416.00 1,000,000.00 1.000 302 1.000 4/29/2025 17290A2M1       Citi Bank 7/21/2021 1,000,000.00 907,338.00 1,000,000.00 1.400 750 1.400 7/21/2026 38150AH99       Goldman Sachs 8/17/2021 1,000,000.00 914,994.00 1,000,000.00 1.350 777 1.350 8/17/2026 24422EVK2       John Deere Capital 1/27/2021 3,000,000.00 2,804,451.00 3,000,000.00 0.700 563 0.700 1/15/2026 48133MAB6       JP Morgan 8/15/2022 1,000,000.00 966,320.00 1,000,000.00 4.200 1,138 4.200 8/13/2027 48128G4X5       JP Morgan 8/30/2021 1,000,000.00 898,662.00 1,000,000.00 1.200 788 1.200 8/28/2026

Page 6 ends

408
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2023 ‐ 2024
June 1 ‐ June 30, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
48128G4X5       JP Morgan 8/30/2021 1,000,000.00 898,662.00 1,000,000.00 1.200 788 1.200 8/28/2026 53961LAF6       Local Initiatives Support 1/28/2021 1,510,000.00 1,387,490.68 1,510,000.00 0.950 563 0.950 1/15/2026 89236THZ1       Toyota Motor Credit 2/1/2021 2,000,000.00 1,930,910.00 2,000,000.00 0.400 217 0.400 2/3/2025 95001DCG3       Wells Fargo 10/28/2022 1,000,000.00 997,299.00 1,000,000.00 6.000 484 6.000 10/28/2025 Supranational
459058JA2       Intl Bank Recon  & Dev 3/1/2021 1,000,000.00 969,250.00 1,001,534.48 0.750 253 0.526 3/11/2025 Treasury Discounts ‐Amortizing
912797LD7       U.S. Treasury 5/20/2024 3,000,000.00 2,941,539.00 2,942,216.98 5.099 136 5.303 11/14/2024 912797LD7       U.S. Treasury 5/20/2024 2,000,000.00 1,961,026.00 1,961,466.67 5.100 136 5.305 11/14/2024 912797KU0       U.S. Treasury 5/30/2024 10,000,000.00 9,843,850.00 9,844,900.00 5.170 108 5.349 10/17/2024 Total 464,050,292.94 449,987,649.01 463,730,327.05

Page 7 ends

409
Investment activities for the month of June 2024
Investment Purchases
No Date Transaction CUSIP Investment
Security Type Par Amount
Investment
Yield to
Maturity
Maturity
6/25/2024 LAIF 5,000,000.00 $
Total Purchases 5,000,000.00$
Investment Maturieties, Calls & Sales
No Date Transaction CUSIP Investment
Security Type Par Amount
Investment
Yield to
Maturity
Maturity
6/13/2024 LAIF 5,000,000.00 $
Total Maturities, Calls & Sales 5,000,000.00$
410
City of Oxnard
Quarterly Investment Report
as of June 30, 2024
July 30, 2024
City Council
Presented by:

Javier Chagoyen-Lazaro, City of
Oxnard
Chief Financial Officer
411
Recommendation 2
That The City Council receive and file the City of Oxnard Quarterly Investment Report as of June 30, 2024.
412
City of Oxnard Cash and Investment as of June 30, 2024
Discussion 3
413
Discussion 4
Authorized Investment
at Market Value
Allowable
Threshold
($ million or %)
Under
1 year
1-3
years
Over 3
years Total
Average
Yield to
Maturity
Portfoli
o %
LAIF $75.0 $75.0 $- $- $75.0 4.272%*
* 16.2%
VCIP n/a 32.9 - - 32.9 4.400% 7.1%
Federal Agencies n/a 45.6 205.6 33.9 285.0 2.57% 63.34% Medium Term Notes 30% 12.8 26.6 2.0 41.4 2.43% 9.19%
Supranational 20% 1.0 - - 1.0 0.53% 0.22%
Treasuries n/a 14.7 - - 14.7 5.15% 3.28%
Total Investment $181.9 $232.2 $35.8 $450.0 3.05% 100% *Total may not add due to rounding
**LAIF Average Yield as of May 31, 2024
Investment Compliance .
414
Cash and Investment Trend
Discussion 5
Millions
Mar-23 Jun-23 Sep-23 Dec-23 Mar-24 Jun-24
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
Quarterly Cash and Investment Postion
Par Value Investment. VCIP LAIF Cash
415

Discussion 6
Millions
0 - 30 days 31-180 days 181-365 days 365-730 days 731-1096 days 1096-1461 days > 1461 days $0
$20
$40
$60
$80
$100
$120
$140
$160
$180
Portfolio Maturity as of June 30, 2024
416

Discussion 7
Mar 2023 Jun 2023 Sep 2023 Dec 2023 Mar 2024 Jun 2024

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%

2.07%

2.50%

3.05%2.24%

2.50%

4.33%

3.81%

4.49%

4.71%
City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
Investment Return Trend
417
Recommendation 8
That The City Council receive and file the City of Oxnard Quarterly Investment Report as of June 30, 2024.
418
9 Questions /
Discussion
419

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Amendment to City’s Five-Year (2019–2023) Permanent Local Housing Allocation Plan. (10 minutes)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing to receive comments relating to a proposed amendment to the City of Oxnard Five-Year Permanent Local Housing Allocation Plan; and

2. Adopt a resolution amending the City of Oxnard Five-Year Permanent Local Housing Allocation Plan. (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/AWZrEdK9Ggo

BACKGROUND

In 2017, Senate Bill 2 (SB2) known as the Building Homes and Jobs Act, created the first permanent source of funding for affordable housing in California. Revenue is generated through recording fees on real estate transactions that will fluctuate from year to year depending upon activity. The legislation directs the California Department of Housing and Community Development (HCD) to use 70 percent of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing and homelessness activities through the Permanent Local Housing Allocation (PLHA) program.

On February 26, 2020, HCD announced the availability of approximately $195 million in funding under the PLHA Program Entitlement and Non-Entitlement local formula component - Notice of Funding Availability (NOFA).

This NOFA outlined threshold and application requirements for Entitlement Local governments and Non-entitlement Local governments. Entitlement Local governments are metropolitan cities and urban counties that received a CDBG grant for fiscal year 2017. The City of Oxnard is an Entitlement Local government and was eligible to receive a total of $1,158,429 as part of its first year PLHA formula grant allocation and approximately $6,950,574 covering 2019-2023.

Revenue generated by the State for the PLHA program will fluctuate from year to year, the funding allocation continues to be an estimate.

On July 21, 2020, the City Council approved a resolution adopting the City of Oxnard Five-Year Permanent Local Housing Allocation (PLHA) Plan, which authorizes the use of PLHA funds, for eligible activities including

1. Affordable Rental Housing;

2. Development of the navigation center at Casa de Carmen;

3. Operation of a navigation center; and

4. Administrative costs.
420
PLHA funds have been, and continue to be, used to support the development of the navigation center at Casa de Carmen and operation of the K Street Navigation Center. The intent is to transition shelter services from the K Street Navigation Center to Casa de Carmen. Due to the K Street Navigation Center being in the airport path, the County stopped providing funding for the operation. The County will reinstate funding to support the homeless shelter operations once the services are provided at Casa de Carmen, which is not in the airport flight path.

DISCUSSION:

The original project schedule had Casa de Carmen opening in the Fall of 2024. Construction delays, primarily caused by a need to underground power infrastructure, now have the opening date projected to be July of 2025. Since we are continuing shelter services at the K Street Navigation Center longer than anticipated, and not receiving County funding, staff recommends using available PLHA funds. This PLHA funding source was included the Council’s June 27, 2024 approval of the Mercy contract.

For fiscal year 2024-2025, the K Street Navigation Center’s projected annual operating cost is $4,066,990. As discussed in the “Oxnard Navigation Center Operating Agreement with Mercy House for Fiscal Year 2024-2025” report that went to Council’s June 27, 2024 meeting, this operating cost for fiscal year 2024-2025, will be financed by a combination of PLHA grant funding, General Fund, and a special allocation from the State of California.

In March of 2024, the California State Department of Housing and Community Development (HCD) indicated that the shifting of PLHA funds from one category to another could be done administratively; however in July 2024, HCD directed that we need approval via a resolution from the City Council.

Staff proposes to increase the allocation for the operation of the navigation center currently operating at K Street and the development of the new navigation center caused by delays in the completion of Casa de Carmen. This proposed increase causes a reduction of the allocation to future affordable housing developments. The reduction of funding in the affordable housing category does not remove funding from any approved affordable housing projects. The reduction in the administrative category will not impact the General Fund. The proposed amendment changes the overall five-year allocation for each activity from:

Category Adopted 5 Year Budget Proposed Amended 5 Year
Budget
Affordable Housing $3,422,430 $958,996
Navigation Center Development $347,528 $887,695
Navigation Center Operations $2,833,086 $4,846,382
Administrative Costs $347,529 $257,501
Total $6,950,574 $6,950,574

Upon City Council approval, staff will submit the adopted resolution and amended City of Oxnard Five-Year Permanent Local Housing Allocation Plan to California State Department of Housing and Community Development seeking an amended standard agreement reflecting the new allocations.

As Entitlement Local government, the City of Oxnard will continue to receive PLHA funds. The next 5 year plan process, covering years 2024 to 2029, will be completed this year. During that process Council will have an opportunity to reallocate additional funding to the various categories.

STRATEGIC PRIORITIES

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

421

FINANCIAL IMPACT

There is no financial impact. The recommended action is an administrative correction of the PLHA plan.

COMMITTEE OUTCOME

This item did not originate in Committee. The original request approving the PLHA grant application and execution of a standard agreement, amendments, and modifications was approved by the City Council on July 21, 2020.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. PLHA Resolution

2. Amended Five-year Permanent Local Housing Allocation Plan

3. Presentation

422
RESOLUTIONNO._____
ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAUTHORIZINGTHEAPPLICATIONANDADOPTINGTHEPERMANENTLOCALHOUSINGALLOCATIONPLANFORTHEPLHAPROGRAMWITHTHECALIFORNIASTATEDEPARTMENTOFHOUSINGANDCOMMUNITYDEVELOPMENTTORECEIVEANDADMINISTERTHECITY’SENTITLEMENTOFFUNDINGFROMTHEPLHAPROGRAM,THEEXECUTIONOFASTANDARDAGREEMENTANDANYAMENDMENTSTHERETO,ANDANYRELATEDDOCUMENTSNECESSARYTOPARTICIPATEINTHEPERMANENTLOCALHOUSINGALLOCATIONPROGRAM I. WHEREAS,theCityof Oxnard,a politicalsubdivisionof theStateof California,wishesto continueto participateandreceivefundingfromthe PermanentLocalHousingAllocationProgram; II. WHEREAS,the Stateof California(the “State”),Departmentof HousingandCommunityDevelopment(“Department”)is authorizedtoprovideupto$296millionundertheSB2 PermanentLocalHousingAllocationProgramFormulaComponentfromtheBuildingHomesandJobsTrustFundforassistancetoCitiesandCounties(asdescribedin HealthandSafetyCodesection50470et seq.(Chapter364,Statutesof2017(SB2)); III. WHEREAS,theDepartmentissueda NoticeofFundingAvailability(“NOFA”)dated12/29/2023underthePermanentLocalHousingAllocation(PLHA)Program; IV. WHEREAS,theCityofOxnardis aneligiblelocalgovernmentwhohasappliedforprogramfundstoadministeroneormoreeligibleactivities;and V. WHEREAS,theDepartmentmayapprovefundingallocationsforthePLHAProgram,subjecttothetermsandconditionsoftheGuidelines,NOFA,Programrequirements,theStandardAgreement,andothercontractsbetweentheDepartmentandPLHAgrantrecipients.

NOW, THEREFORE,BEIT RESOLVEDBYTHECITYCOUNCILOFTHECITYOFOXNARDTHAT:

SECTION1.WhentheCityofOxnardreceivesa grantofPLHAfundsfromtheDepartmentpursuanttotheabovereferencedPLHANOFA,itrepresentsandcertifiesthatitwilluseallsuchfundsin a mannerconsistentandincompliancewithallapplicablestateandfederalstatutes,rules,regulations,andlaws,includingwithoutlimitationallrulesandlawsregardingthePLHAProgram,aswellasanyandallcontractstheCityofOxnardmayhavewiththeDepartment.

SECTION2.TheCityofOxnardisherebyauthorizedanddirectedtoreceiveaPLHAgrant,inanamountnottoexceedthefive-yearestimateofthePLHAformulaallocations,asstatedinAppendixCofthecurrentNOFA,$6,950,574inaccordancewithallapplicablerulesandlaws.

SECTION3.TheCityofOxnardherebyagreestousethePLHAfundsforeligibleactivitiesas 423
approvedbytheDepartmentandinaccordancewithallProgramrequirements,Guidelines,otherrulesandlaws,aswellasinamannerconsistentandincompliancewiththeStandardAgreementandothercontractsbetweentheCityofOxnardandtheDepartment.

SECTION4.PursuanttoSection302(c)(4)oftheGuidelines,theCityofOxnard’s PLHAPlanforthe2019-2023Allocationsis attachedto thisresolution,andtheCityof OxnardherebyadoptsthisPLHAPlanandcertifiescompliancewithallpublicnotice,publiccomment,andpublichearingrequirementsinaccordancewiththeGuidelines.

SECTION5.TheCityofOxnardcertifiesthatithasorwillsubgrantsomeorallofitsPLHAfundstoanotherentityorentities.PursuanttoGuidelinesSection302(c)(3),“entity”meansahousingdeveloperorprogramoperator, butdoesnotmeananadministeringLocalgovernmenttowhomaLocalgovernmentmaydelegateitsPLHAallocation.

SECTION6.TheCityofOxnardcertifiesthatitsselectionprocessofthesesubgranteeswas,orwillbe,accessibletothepublicandavoidedorshallavoidanyconflictsofinterest.

SECTION7.PursuanttoCityofOxnard’s certificationinthisresolution,thePLHAfundswillbeexpendedonlyforeligibleActivitiesandconsistentwithallprogramrequirements.

SECTION8.TheCityofOxnardcertifiesthat,iffundsareusedfortheacquisition,constructionorrehabilitationoffor-salehousingprojectsorunitswithinfor-salehousingprojects,thegranteeshallrecorda deedrestrictionagainstthepropertythatwillensurecompliancewithoneoftherequirementsstatedinGuidelinesSection302(c)(6)(A),(B)and(C).

SECTION9. TheCityof Oxnardcertifiesthat,if fundsareusedforthedevelopmentofanAffordableRentalHousingDevelopment,theLocalgovernmentshallmakePLHAassistanceintheformofa low-interest,deferredloantotheSponsoroftheProject,andsuchloanshallbeevidencedthrougha PromissoryNotesecuredbya DeedofTrustanda RegulatoryAgreementshallrestrictoccupancyandrentsinaccordancewithaLocalgovernment-approvedunderwritingoftheProjectforatermofatleast55years.

SECTION10.TheCityofOxnardshallbesubjecttothetermsandconditionsasspecifiedintheStandardAgreement,thePLHAProgramGuidelinesandanyotherapplicableSB2 GuidelinespublishedbytheDepartment; SECTION11.CityManageroftheCityofOxnardordesignee(HousingDirectoroftheCityofOxnard)are authorizedto executethe PLHAProgramApplication,the PLHAStandardAgreementandanysubsequentamendmentsor modificationsthereto,as wellas anyotherdocumentswhicharerelatedtotheProgramorthePLHAgrantawardedtotheCityofOxnard,astheDepartmentmaydeemappropriate. 424
PASSEDANDADOPTEDbytheCityCounciloftheCityofOxnardthis30 TH
dayofJuly, 2024bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________JohnC.Zaragoza,Mayor
APPROVEDASTOFORM:
________________________________StephenM.Fischer, CityAttorney Theundersigned,OfficerofCityofOxnarddoesherebyattestandcertifythattheResolutionisatrue,fullandcorrectcopyof a resolutiondulyadoptedat a meetingofthewhichwasdulyconvenedandheldonthedatestatedthereon,andthatsaiddocumenthasnotbeenamended,modified,repealedorrescindedsinceitsdateofadoptionandisinfullforceandeffectasofthedatehereof.

ATTEST:
________________________________RoseChaparro,CityClerk
425
426
427
428
429
430
431
432
433
434
435
Final Filing Date: June 30, 2027
at 4:00 P.M. PST
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent- local-housing-allocation
Email: [email protected]
Business, Consumer Services and Housing Agency
Permanent Local Housing Allocation
(PLHA) Formula Allocation
5-Year Plan Amendment Form
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
436
§301 Eligible Activities
PLHA Formula - Amendment for years 2020, 2021, 2022, 2023 Rev. 03/18/24 Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: Oxnard §300 Eligible Applicants
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Oxnard
Address: 435 S D Street
County: Ventura
Auth Rep Name: Alexander Nuygen Title: City Manager Auth Rep. Email: [email protected] Phone: (805) 385-7449 City: Oxnard State: CA Zip: 93030
Zip Code: 93030
Contact Name: Emilio Ramirez Title: Housing Director Contact Email: [email protected] Contact Phone: (805) 312-1774 Address: 300 W. Third Street City: Oxnard State: CA
File Name:

Application and/or Adopting the
PLHA Plan (2020-2023
Allocations) Reso
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2020- 2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Yes Uploaded to
HCD? Yes
Zip Code: 93030
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? No §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300(c) and (d)?
A sample agreement can be
found by double clicking on
the icon to the right
N/A
Address: 435 S D Street City: Oxnard State: CA
File Name: Gov TIN Provide a signed Gov't TIN Form Uploaded to HCD? Yes File Name: Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 19, column AH) Uploaded to HCD? N/A §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. No §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

No
§301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Yes
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. No §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. No §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. No §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. No
§301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. No §301(a) Eligible activities are limited to the following: Select below:
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. Yes §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

No
Docum ent
PLHA Page 2 Formula Allocation Application
437
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The following programs identified in the City’s Housing Element are related to the activities proposed to be funded with PLHA funds: 1) Program 10: Inclusionary Housing Program, requires new housing developments to reserve a portion of units for lower-income households or provide payment of in- lieu fees as a condition of approval. Through the payment of inclusionary program fees, PLHA funds and in-lieu funds can be leveraged together to produce more affordable units throughout the City than would otherwise be possible with just one funding source and will assist the City in meeting its RHNA requirements. 2) Program 14: Homeless Shelter Development, involves developing a plan to address homelessness in the City including amendong the Zoning Code to define and permit supportive and transitional housing as residential uses and to allow emergency shelters with a Special Use Permit throughout the City. 3) Program 15: Homeless Assistance, modeled after the Federal Continuum of Care program this program is to be implemented by the City in phases and includes providing homeless individuals with housing and services appropriate to their range of needs including providing supportive services, emergency shelter, and permeant supportive housing. 4) Program 23: Special Needs Housing, involves identifying funding and assisting in addressing the housing needs of special needs groups including the City’s homeless population and facilitating the provision of emergency shelters.

Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity.

The PLHA funds will be used to issue gap-financing loans to housing developers for the creation of multifamily affordable rental housing projects that will be occupied by mixed income households with incomes at or below 80% of the Area Median Income. A minimum of 70% of the total funds allocated to this activity will be restricted to households making no more than 60% of the Area Median Income.

Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2022 2022 2023 2023
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at the
AMI Level
Note: complete for years 2020, 2021, 2022 only
§302(c)(4) Plan Rev. 03/18/24
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Oxnard plans to use PHLA funds for the following activities: 1) To provide gap-financing loans for the creation of affordable housing. PHLA funds will be made available for new construction, acquisition, or rehabilitation of multi-family affordable rental housing including new Permanent Supportive Housing Developments that will be occupied by households with incomes at or below 80% of the Area Median Income (AMI) and at or below 60% AMI. 2) The construction of a new 110 bed Navigation Center. The Navigartion Center will be located on the ground floor of a new mixed-use building that will also include 56 permanent supportive housing units. However, PLHA funding directed to this activity will be used for the cost associated with the development of the Navigation Center and will NOT include the costs associated with the development of the PSH units. Funding for the construction of the Navigation Center development will serve households at or below 50%. 3) To pay for operating costs for the City of Oxnard's existing Navigation Center at its temporary location, at scattered emergency shelter locations, and at the new Naviagation Cetner once it is completed will serve households at or below 50% AMI. PLHA funds will also be used to pay for administrarive costs to administer PLHA funded activties. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

All funding directed towards gap-financing for PHLA-funded rental units will be restricted to households at or below 80% AMI (30% of the funds) and at or below 60% AMI (70% of the funds). Priority for funding may be given to projects providing permanent supportive housing. Funding for the construction of a new navigation center will serve households at or below 50% AMI. Funding directed to operating expenses for the City’s existing temporary Navigation Center and New Navigation Center will service households at or below 50% AMI. §302(c)(4)(E)(i) Percentage of Funds Allocated for
the Proposed Affordable Rental Housing Activity 30% 65% 13% 13% 13% 13%
§302(c)(4)(E)(ii) Area Median Income Level
Served 80% 60% 80% 60%
4 §302(c)(4)(E)(iv) Period of Affordability for the
Proposed Affordable Rental Housing Activity (55
years required for rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years

0.52 §302(c)(4)(E)(ii) Projected Number of Households
Served 1 111
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

The City of Oxnard has an existing affordable housing development program that provides gap-financing loans to developers for the production of new affordable rental housing within the City of Oxnard. Existing funding for this program comes from the Federal Home Investment Partnerships Program (HOME) and the City’s Affordable Housing In-Lieu funds (collected via the City’s Inclusionary Housing Ordinance). Funding applications are accepted and funds are awarded year-round by the City’s Housing Department. However, funding is based on available funds and City Council approval of funding recommendations for specific projects. PLHA funds will be used as an additional source of funding for the City’s existing gap-financing program. Priority may be given to projects proposing to provide permanent supportive housing.
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.

PHLA funds will be used for the construction of a new Navigation Center that will include 110 shelter beds, provide supportive services to clients, and provide office space for service providers. The Naviation Center will be located on the ground floor of a new mixed-use building that will include 56 permanent supportive housing (PSH) rental units that will be restricted to households at or below 50% AMI. PLHA funding directed to this activity will be used for the cost associated with the development of the navigation center and will NOT include the costs associated with the development of the PSH units. PLHA funds will also be used for a separate activity that will include payment of a portion of the operating costs at the following locations: the City's existing Navigation Center at its temporary location, scattered emergency shelter sites, and the new Navigation Center once it is completed. A homeless service provider selected and contracted by the City operates the City's existing Navigation Center and will also operate the new Navigation Center when it is completed. During their stay at the existing and new Navigation Center, clients will be offered a robust package of supportive services designed to transition them to permanent housing and cope with underlying issues that are preventing them from becoming housed.

Type of Activity for Persons Experiencing or At Risk
of Homelessness
Navigation
Center Capital
Costs
Navigation
Center
Operating
Navigation
Center
Operating
Navigation
Center
Operating
Navigation
Center
Operating
Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels t will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2020 2020 2021 2022 2023
§302(c)(4)(E)(ii) Area Median Income Level
Served 30% 30% 30% 30% 30%
§302(c)(4)(E)(i) Percentage of Funds Allocated for
the Proposed Activity 30% 70% 95% 65% 30%
0 §302(c)(4)(E)(ii) Projected Number of Households
Served 110 110 110 110 110
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI
Level
Note: complete for years 2020, 2021, 2022 only

N/A N/A N/A N/A N/A
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

The new Navigation Center development is being built on property previously owned by the City and will be located within a mixed-use, multi-level building that will also include 56 permanent supportive housing (PSH) units, and office space. PLHA funds will be used for costs attributed to development of the new Navigation Center but will NOT include costs associated with the development of the PSH units. The City executed a Development and Disposition Agreement with the the developer of the mixed-use building for construction of the new navigation center in March 2021 and construciton on the mixed use building began in June 2022. Constuction is expected to be completed in 2025. Once completed the Navigation Center will be owned by the developer of the site and will be managed by the City's homeless services provider. The City will also use PLHA funds to pay for shelter operating costs at the following locations: the City's existing Navigation Center at its temporary location, scattered emergency shelter sites, and at the City's new Navigation Center once it is completed. The City will use other funding sources in addition to PLHA funds to fully fund operating costs of the existing Navigation Center, the scattered emergency shetler sites, and the new Navigation Center after it is built. 550
§302(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity (55 years required for rental
housing projects)

M/A N/A N/A N/A N/A
File Name: Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Uploaded to HCD? Yes PLHA Page 3 302(c)(4) Plan
438
Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 03/18/24 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application
Version Date:

Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date 2 PLHA Supp
App
1 PLHA Supp
App
3 PLHA Supp
App
4 PLHA Supp
App
6 PLHA Supp
App
5 PLHA Supp
App
7 PLHA Supp
App
8 PLHA Supp
App
10 PLHA Supp
App
9 PLHA Supp
App
11 PLHA Supp
App
12 PLHA Supp
App
14 PLHA Supp
App
13 PLHA Supp
App
15 PLHA Supp
App
16 PLHA Supp
App
18 PLHA Supp
App
17 PLHA Supp
App
19 PLHA Supp
App
20 PLHA Supp
App
22 PLHA Supp
App
21 PLHA Supp
App
23 PLHA Supp
App
24 PLHA Supp
App
25 PLHA Supp
App
PLHA Page 4 Application Support
439
Amendment to City’s Five-Year
Permanent Local Housing Allocation
Plan
Emilio Ramirez, Director
Housing Department
City Council
July 30, 2024
440
Background 2

1. In 2017, Senate Bill 2 known as the Building Homes and Jobs Act, created the first permanent source of funding for affordable housing in California.

2. Revenue is generated through recording fees on real estate transactions that will fluctuate from year to year depending upon activity.

3. 70% of revenues collected are to be used to provide financial assistance to local governments for eligible housing and homelessness activities through the Permanent Local Housing Allocation program.

4. Grant funding is non-competitive for entitlement Cities and funding amounts are determined by using the same formula prescribed under federal law for the Community Development Block Grant.

5. The City of Oxnard is an entitlement local government and has received an allocation of approximately $6,950,574 from Permanent Local Housing Allocation Program covering years 2019- 2023.
441
Background 3

1. On July 21, 2020, the City Council approved a resolution adopting the City of Oxnard Five-Year Permanent Local Housing Allocation (PLHA) Plan, which authorizes the use of PLHA funds, for eligible activities including a. Affordable Rental Housing;
b. Development of the navigation center at Casa de Carmen; c. Operation of a navigation center; and
d. Administrative costs.

2. PLHA funds have been, and continue to be, used to support the development of the navigation center at Casa de Carmen and operation of the K Street Navigation Center.

3. Due to the K Street Navigation Center being in the airport path the County stopped providing funding for the operation.

4. Delays in the construction of the Casa de Carmen project require operating the K Street Navigation Center, resulting in a funding gap. 442
Discussion 4

1. For fiscal year 2024-2025, the K Street Navigation Center’s projected annual operating cost is $4,066,990.

2. As approved by Council on June 27, 2024 meeting, this operating cost for fiscal year 2024-2025, will be financed by a combination of PLHA grant funding, General Fund, and a special allocation from the State of California.

3. In March of 2024, the California State Department of Housing and Community Development (HCD) indicated that the shifting of PLHA funds from one category to another could be done
administratively; however in July 2024, HCD directed that we need approval via a resolution from the City Council.
443
Proposed Amendment to the Five Year Plan 5
Category Adopted 5 Year
Budget
Proposed Amended 5 Year
Budget
Affordable Housing $3,422,430 $958,996
Navigation Center
Development $347,528 $887,695
Navigation Center
Operations $2,833,086 $4,846,382
Administrative Costs $347,529 $257,501
Total $6,950,574 $6,950,574
444
Discussion 6

1. The reduction of funding in the affordable housing category does not remove funding from any approved affordable housing projects.

2. The reduction in the administrative category will not impact the General Fund.

3. Upon City Council approval, staff will submit the adopted resolution and amended City of Oxnard Five-Year Permanent Local Housing Allocation Plan to California State Department of Housing and Community Development seeking an amended standard agreement reflecting the new allocations.

4. As Entitlement Local government, the City of Oxnard will continue to receive PLHA funds. The next 5 year plan process, covering years 2024 to 2029, will be completed this year.
445
Recommendation 7
That the City Council:

1. Conduct a public hearing to receive comments relating to a proposed amendment to the City of Oxnard Five-Year Permanent Local Housing Allocation Plan; and

2. Adopt a resolution to amend to the City of Oxnard Five-Year Permanent Local Housing Allocation Plan.
446

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Construction Contract Increase for Pleasant Valley Restroom Project. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize an additional project contingency in the amount of $2,911.56 to Agreement A-8485 with NoHo Constructors for a new not-to-exceed contract value of $242,161.56.

(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/csbXQmowfEw

BACKGROUND

This project included removing the existing bathroom at Pleasant Valley Park, which was unusable and out of service, and replacing it with a prefabricated Exeloo restroom. The Exeloo restroom had been pre-purchased by the City. The City’s contractor, NoHo Constructors, is providing construction services to install it. The construction contract for this project was originally approved by the City Council on July 19, 2022, for $217,500 with a project construction contingency of $21,750.

Capital Improvement Program (CIP) Reference:

Project No. C2305 – Public Restroom Improvements - CIP 2025-2029 - Adopted June 4, 2024.

DISCUSSION

Due to a significant and unforeseen delay by Southern California Edison (SCE) in providing permanent electrical service, and a related SCE requirement to install additional electrical components, the demolition and replacement of the restroom at Pleasant Valley Park has incurred unforeseen and unplanned costs. This is not uncommon when dealing with existing old infrastructure (e.g. utilities) in a public setting (park site). The Contract Change Order (CCOs) required due to these unforeseen circumstances were:
• CCO#1: Providing temporary power during construction. The original controller was located inside the existing restroom that was demolished. The contractor needed to install metered service to supplement temporary power to the park’s lighting and irrigation system during construction. Total amount: $7,280.82 • CCO#2: Upsizing the electrical conduit. The power feeder from the transformer was direct burial and could not be reused and it had to be replaced with a 3” conduit. Total amount: $14,210 • CCO#3: Miscellaneous changes regarding site work, demolition, and reconstruction: $7,170.74 447

Offsetting a portion of these costs, a contract credit of $4,000 was provided by the contractor for changes in the landscape plan (change from installing grass sod to installing grass seed).

In summary:

Original contract contingency amount: $21,750.00 Change Orders (1, 2): - $21,490.82 Remaining Contingency (after CCO’s 1 & 2): + $259.18 Credit from contractor for sod: + $4,000.00 Change Order 3: - $7,170.74

Additional construction contingency needed: ($2,911.56)

Staff recommends adding construction contingency and increasing the contract value in the amount of $2,911.56 to this contract to cover the contract change orders necessary to complete the work.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for the additional contingency needed for these Projects is $2,911.56 which brings the total not-to-exceed value of the contract from $239,250.00 to $242,161.56 with NoHo Constructors. The project, Public Restrooms Improvements Project C2305, has existing funds in the General Fund (101) and corresponding Capital Outlay Fund (301), sufficient enough to cover this contract contingency increase.

COMMITTEE OUTCOME

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

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. A-8485 NoHo Constructors PW 21-84

2. July 19 2022 Staff Report Item K2

3. Presentation

448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: July 19, 2022

TO: City Council

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

SUBJECT: Agreement A-8485 with NoHo Constructors for Pleasant Valley Park Restroom Project, Specification No. PW 21-84.

RECOMMENDATION

That the City Council approve and authorize the following for a total of $261,000 in Project funds for the Pleasant Valley Park Restroom Project, Specification No. PW 21-84 (Project No. 205708):

1. The Mayor to execute Agreement A-8485 with NoHo Constructors in the amount of $217,500 for the Project;

2. A Project contingency amount of $21,750 for the Project; and

3. A Project allocation amount of $21,750 for engineering, inspection, survey and project management for the Project.

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

BACKGROUND

This project includes removing the existing bathroom which is currently out of service and replacing it with a prefabricated Exeloo restroom. The prefabricated Exeloo restroom has been pre-purchased by the city and will be installed by the contractor on-site. The Exeloo restroom’s various features such as auto wash and auto lock dramatically reduce service costs and increase the safety factor when compared with traditional toilet rooms. Exeloo restrooms are prefabricated in a factory environment and transported to site, ready for rapid installation, which reduces on-site construction costs and public disruption.

Capital Improvement Plan (CIP) Reference:

Project Nos. 205708 & 235701 – Public Restroom Improvements - CIP 2022-2027 - Adopted May 17, 2022 - Page 13

DISCUSSION

The notice inviting formal bids (NIFB) on the Project was published on April 28, 2022, and all bids were due on June 17, 2022. The City received the following bids:

JTEC Corporation: $164,160.00
NoHo Constructors: $217,500.00
Staples Construction Company, Inc.: $218,637.60
Schock Contracting Corporation $218,976.00
569

The bid from the lowest bidder was determined to be non-responsive to the call for bids. The bid from the next lowest bidder, NoHo Constructors ($217,500) is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from NoHo and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to NoHo Constructors.

In addition to the project award amount of $217,500, staff recommends authorizing $43,500, for the project, which includes $21,750 for project contingency (10% of the contract costs) and $21,750 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $261,000.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

This Project is funded in part by Community Development Block Grant funds (CDBG) from the United States Department of Housing and Urban Development (HUD) and the Project is subject to, and must comply with, the applicable requirements of HUD Agreement No. B-19-MC-06-0534. The total cost for this Project is $261,000 which includes the construction agreement, contingency and project allocation. The Pleasant Valley Park Restroom Project No. 205708 has an available project budget balance of approximately $100,000 from the CDBG Entitlement Fund (285). The Public Restrooms Improvements Project No. 235701 has an available project budget balance of $1,000,000 from the Capital Outlay Fund (301).

COMMITTEE OUTCOME

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

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-8485 NoHo Constructors PW 21-84
570
Construction Contract Increase for the
Pleasant Valley Park Restroom
City Council
July 30, 2024
Niousha Mohammadi
Public Works CIP Project Manager
571
That the City Council approve and authorize an additional project contingency in the amount of $2,911.56 to Agreement A-8485 with NoHo Constructors for a new not-to-exceed
contract value of $242,161.56.

RECOMMENDATION
2 572
3 Pleasant Valley Park Restroom - BEFORE
573
4 Pleasant Valley Park Restroom - AFTER
574
• This project included removing the existing bathroom at Pleasant Valley Park, which was unusable and out of
service, and replacing it with a prefabricated Exeloo
restroom.
• The Exeloo restroom had been pre-purchased by the City. • The City’s contractor, NoHo Constructors, is providing construction services to install it.
• The construction contract for this project was originally approved by the City Council with a project construction contingency of $21,750.

BACKGROUND
5 575
• Due to a significant and unforeseen delay by Southern California Edison (SCE) in providing permanent electrical service, and a related SCE requirement to install additional electrical components, the demolition and replacement of the restroom at Pleasant Valley Park has incurred unforeseen and unplanned costs.
• Contract Change Orders (CCO):
• CCO#1: Providing temporary power during construction. The original controller was located inside the existing restroom that was demolished. The contractor needed to install metered service to supplement temporary power to the park’s lighting and irrigation system during construction. Total amount: $7,280.82
• CCO#2: Upsizing the electrical conduit. The power feeder from the transformer was direct burial and could not be reused and it had to be replaced with a 3” conduit. Total amount: $14,210 • CCO#3: Miscellaneous changes regarding sitework, demolition, and reconstruction: $7,170.74

DISCUSSION
6 576
7 Offsetting a portion of these costs, a contract credit of $4,000 was provided by the Contractor for changes in the landscape plan (change from installing grass sod to installing grass seed).

In summary:

Additional construction contingency needed: ($2,911.56) Staff recommends adding construction contingency in the amount of $2,911.56 to this contract to cover the contract change orders necessary to complete the work.
577
• Total cost for the additional contingency needed for these Projects is $2,911.56 which brings the total not-to-exceed value of the contract from $239,250.00 to $242,161.56 with NoHo Constructors.
• The project, Public Restrooms Improvements Project
C2305, has existing funds sufficient enough to cover this contract contingency increase.

FINANCIAL IMPACT
8 578
9This is the footer.
579

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Sewer Main Transfer of Ownership Agreement A-8560. (10 minutes)

RECOMMENDATION

That the City Council authorize the City Manager to execute an Agreement and any associated documents transferring the ownership of the out-of-service Sewer Main from the City of Oxnard to the City of Port Hueneme.

(Public Works and Transportation Committee approved 3-0 on July 9, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/pk61l5Ixfr4

BACKGROUND

In April 18, 2024, the City of Port Hueneme (PH) contacted Oxnard’s Public Works department about the possibility of taking over the ownership of an existing, out-of-service sewer line within the City of Port Hueneme’s jurisdictional boundaries. PH has a portion of their existing sewer system, which is in need of repairs, in the same general area of Oxnard’s out-of-serve line (please reference the attached chronological order of events from PH regarding the status of their existing sewer line). As such, PH staff has explored taking over ownership and the use of Oxnard’s out-of-service line. This included requesting to inspect Oxnard’s out-of-service line.

On May 7, 2024, Oxnard and Port Hueneme staff entered into a Right of Entry Agreement. The agreement permitted PH to access the Oxnard Trunk Line for purposes of inspecting the condition of the line. PH performed the inspection and found the line to be serviceable for their needs.

DISCUSSION

Oxnard staff reviewed record documents and met internally to determine the original intent of the out-of-service pipeline and future needs, if any. The out-of-service sewer line was installed around 1976 for the purpose of conveying sewage from the western portion of Oxnard to the Oxnard Water Resource Recovery Facility. Attached is the title sheet of the 1976 engineering plans for reference. In 2003 the City completed the Redwood Trunk Project rerouting flow from the subject sewer line to a new trunk sewer within Oxnard’s jurisdictional boundary. A portion of the out-of-service pipeline was demolished as part of the Lift Station 28 Demolition Project in 2022 and there are no plans to re-establish use of the remaining pipeline.

The sewer line has no operational value to the City. In fact, it poses a small liability to the City if the existing out-of- service sewer line would fail. Recent repairs to other aging sewer lines that are operational by Oxnard’s Wastewater Division have cost at least $14,000 to address. Transferring this asset to PH would relieve Oxnard from this low- probability risk.

To complete our full due diligence, staff explored whether the out-of-service sewer line had any value as an 580
asset. Records from 1970’s are difficult to come by, but Public Works staff worked with the Finance staff to review the City’s asset information. To the best of staff’s ability with the limited info available, it has been determined that this out- of-service sewer line has a remaining depreciable value of $20,559.54. As such, staff recommends requiring PH to pay for the remaining value of the asset prior to transferring the asset.

Based on the information presented above, staff recommends that ownership of the pipeline be transferred to the City of Port Hueneme for the depreciated value via an agreement. As of the date of drafting this staff report, PH has provided written confirmation that it agrees with the terms of the transfer agreement. Attached is the agreement for reference. Once the final agreement is approved by the City Attorney’s Office, it will be executed by the City Manager should this item be approved.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

This action includes the transfer of a City asset with compensation in the amount of $20,559.54 which will be deposited into the Wastewater Operating Revenue Fund (6113610-47000 Miscellaneous Revenue) once received.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on July 9, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Interim Assistant Public Works Director

ATTACHMENTS

1. Agreement A-8560

2. Timeline of events

3. Presentation

581

SEWER FACILITIES TRANSFER AGREEMENT

BETWEEN

THE CITY OF OXNARD

AND THE CITY OF PORT HUENEME
THIS AGREEMENT for the transfer of ownership of certain sewers and appurtenant facilities (“Agreement”) is made as of this ____ day of ___________, 2024 by and between the City of Oxnard California, a California municipal corporation (“Oxnard”), and the City of Port Hueneme, a California municipal corporation (“Port Hueneme”). Oxnard and Port Hueneme are at times referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. Oxnard operates a local sewage collection system within its jurisdiction. Oxnard also owns one 24 Inch trunk line sewer running beneath Ventura Road in the City of Port Hueneme, which Oxnard took out of service in 2003 as part of the Redwood Trunk Sewer Project and is the subject of this Agreement. The out of service sewer line and appurtenant facilities are depicted in the attached Exhibit “A” and Exhibit “B” (collectively, hereinafter the “Sewer Facilities”), and described more distinctively as follows:

All existing 24 inch Oxnard sewer pipeline listed between Station 0+34.7 on Page 2 of Exhibit “A” (beginning approximately at the intersection of V entura Road and Hueneme Road) and extending North to Station 30+04.20 on Page 5 of Exhibit “A” (consisting of approximately 2,970 linear feet); and, all existing 24 inch Oxnard sewer pipeline existing South of the intersection of Hueneme Road and V entura Road, beginning at Station 0+00 (Manhole No. 2) on Page 2 of Exhibit ”A” and extending South for approximately 900 linear feet, ending at the V entura County Railroad, as identified on Exhibit “B” (consisting of approximately 900 linear feet).

B. Port Hueneme operates a local sewage collection system within its jurisdiction.

Port Hueneme wishes to assume ownership of and maintain the Sewer Facilities, as they run adjacent to certain of Port Hueneme’s existing local sewer lines and may be of use to Port Hueneme in its efforts to rehabilitate its sewer force main under V entura Road.

C. This Agreement shall document and memorialize the understanding of the Parties with respect to the Sewer Facilities to be transferred to Port Hueneme by Oxnard.

D. Port Hueneme will maintain and operate the Sewer Facilities as part of its local sewage collection system and shall have sole responsibility therefor following the transfer to Port Hueneme by Oxnard.

NOW THEREFORE, the Parties hereto agree as follows:

Section 1. Recitals.

The above Recitals are incorporated into this Agreement as though fully set forth herein.

Agreement A-8560
1 582
Section 2. Transfer of Sewer Pipelines.

Subject to the terms, covenants and conditions set forth in this Agreement, the parties agree to the following: Port Hueneme agrees to pay $20,559.543 (twenty thousand, five hundred, fifty-nine dollars and fifty-four cents) to Oxnard, and upon receipt of payment and full execution of this Agreement by the Parties (the “Effective Date”), Oxnard does hereby convey and transfer to Port Hueneme all of its right, title, and interest in the Sewer Facilities owned by Oxnard, as described herein and depicted in the attached Exhibit “A” and Exhibit “B”.

Section 3. No Warranty; Acceptance.

Oxnard makes no warranty or representation of any kind regarding the condition of the Sewer Facilities or the suitability of the Sewer Facilities for any purpose. Port Hueneme has been granted an opportunity to fully inspect the Sewer Facilities and has done so, pursuant to a Right of Entry Agreement between City of Oxnard and City of Port Hueneme, dated May 7, 2024 allowing for a conditional assessment via remote entry camera . Port Hueneme accepts the Sewer Facilities on an “as is” and with all faults basis. As of the Effective Date, Port Hueneme accepts and assumes all ownership and responsibility for such transferred Sewer Facilities, and agrees to indemnify, defend, and hold Oxnard harmless from any liability, claim, cost, expense, or damage thereafter arising from Port Hueneme’s ownership or use of the Sewer Facilities.

Section 4. Amendment.

Any amendment of this Agreement or its Exhibits must be in writing, signed, and acknowledged by the Parties and duly recorded in the Official Records of the County Recorder of the County of V entura, State of California, provided this Agreement has been recorded.

Section 5. Entire Agreement.

This Agreement (including any exhibits) constitutes the entire understanding between the Parties with respect to the subject matter of this Agreement, including all representations and warranties between them, superseding all negotiations, prior discussions and preliminary agreements made prior to the date hereof.

Section 6. Successors; Assignment.

The benefits and burdens of this Agreement shall be binding upon and inure to all successors-in-interest and assignees of the Parties. This Agreement may only be assigned upon the written consent of both Parties.

Section 7. Exhibits.

The following exhibits which are attached hereto are incorporated herein and made a part of this Agreement:

Exhibit “A” Depiction of Sewer Facilities between Station 0+34.7 and Station 30+04.20 (North of Intersection of V entura Road and Hueneme Road) Agreement A-8560
2 583
Exhibit “B” Depiction of Sewer Facilities extending South of Intersection of Hueneme Road and V entura Road
Section 8. Governing Law; Venue.

This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to conflicts of laws principles or rules. Any legal action to interpret or enforce any term or conditions of this Agreement shall be brought in the Superior Court of California for the County of V entura.

Section 9. Time of the Essence.

Time is of the essence with respect to the performance of the Parties' respective obligations contained herein.

Section 10. Construction.

This Agreement shall be construed according to its fair meaning as if prepared by all Parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

Section 11. Non-Liability of Officials or Employees.

No officer, official or employee of either Party shall be personally liable for any obligations under the terms of this Agreement.

Section 12. Severability.

If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Section 13. Attorneys’ Fees.

If any legal action is necessary to enforce any of the terms or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which it is entitled.

Section 14. Authority.

Each Party warrants that the individuals who have signed this Agreement on their behalf have the legal power, right, and authority to make this Agreement and bind each respective Party to its terms.

Agreement A-8560
3 584
Section 15. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all Parties hereto, notwithstanding that all Parties are not signatories to the original or the same counterpart. [END OF PAGE – SIGNATURES FOLLOW ]
Agreement A-8560
4 585
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day set forth above.

Dated: , 2024 CITY OF OXNARD
By: ______________________________________
Name and Title
Dated: , 2024 CITY OF PORT HUENEME
By:
__________________________________________
Name and Title
A TTEST:

By: ________________________________
_________________________________
Name and Title
Agreement A-8560
5 586
EXHIBIT “A”
Depiction of Sewer Facilities between Station 0+34.7 and Station 30+04.20 (North of Intersection of Ventura Road and Hueneme Road) Agreement A-8560
6 587
Agreement A-8560
7 EXHIBIT “A”
588
Agreement A-8560
8 589
Agreement A-8560
9 590
Agreement A-8560
10 591
Agreement A-8560
11 592
Agreement A-8560
12 593
Agreement A-8560
13 594
Agreement A-8560
14 595
Agreement A-8560
15 596
EXHIBIT “B”
Depiction of Sewer Facilities extending South of Intersection of Hueneme Road and Ventura Road
Agreement A-8560
16 597
Agreement A-8560
17 EXHIBIT “B”
598
Agreement A-8560
18 599
Agreement A-8560
19 600
Agreement A-8560
20 601
Agreement A-8560
21 602
Agreement A-8560
22 603
Agreement A-8560
23 604
Agreement A-8560
24 605
Agreement A-8560
25 606
Agreement A-8560
26 607
Agreement A-8560
27 608
Agreement A-8560
28 609
Agreement A-8560
29 610
Agreement A-8560
30 611
On March 13, 2024, Port Hueneme staff responded to a report of a sinkhole developing on Ventura Road, in front of City Hall. As excavation was performed, it was discovered that a section of sewer force main was observed to be cracked and a hole on the top of the pipe was present.

The line was determined to be an 18-inch Asbestos Cement Pipe that services flow from Naval Base Ventura County (NBVC), as well as the area from Pleasant Valley Road to Bryce Canyon to the north between J Street and Ventura Road.

During the course of the repair, it became apparent the overall condition of the intact original pipeline appeared to be in a similarly distressed state. Based on that assessment, Port Hueneme procured additional pipe and fittings in the event another occurrence developed, as the pipeline is vital in conveying wastewater from the above referenced areas of both Port Hueneme and NBVC, to the Regional Wastewater Treatment Plant.

After attending to the immediate task of repairing the damaged sewer force main, Port Hueneme immediately began to define a scope of work to make repairs to the entire segment of the damaged line, including a temporary bypass. During the development of the scope of work, it became apparent several other utility lines were located in and around the area of the line in need of repair that may have conflict with any work necessary to complete repair of the damaged sewer force main.

One of the lines identified in the area was determined to be an abandoned Oxnard 24-inch sewer trunk line. Port Hueneme reached out to the Oxnard Public Works team to inquire if there may be interest in transferring ownership of that line to Port Hueneme.

Port Hueneme sees benefit to both agencies if an agreement can be reached allowing Port Hueneme to assume ownership of the abandoned Oxnard Trunk Line. Port Hueneme will benefit by utilizing the line to construct a replacement for their damaged line, while having minimized construction impact to the community. Conversely, Oxnard will benefit in that it will be relieved of any future liability related to a potential failure of the identified segments of line considered in the agreement.

On May 7, 2024, Oxnard and Port Hueneme staff entered into a Right of Entry Agreement. The agreement granted Port Hueneme permission to access the Oxnard Trunk Line for purposes of inspecting the condition of the line. Port Hueneme performed the inspection and found the line to be serviceable for their needs. Concurrently, Port Hueneme drafted an agreement to transfer ownership of the line to Port Hueneme. 612
Sewer Main Transfer of Ownership Agreement
Public Works and Transportation CommitteeJuly 9, 2024City CouncilJuly 30, 2024 Tim Beaman
Interim Assistant Public Works Director
613
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council authorize the City Manager to execute an Agreement and any associated documents transferring the ownership of the out-of-service Sewer Main from the City of Oxnard to the City of Port Hueneme.

Recommendation 2
614
FOR CITY COUNCIL:

Recommendation 3
615
• March 13, 2024 City of Port Hueneme (PH) was addressing a sinkhole on Ventura Road and determined their existing sewer forcemain needed additional attention
• April 18, 2024 PH contact the City of Oxnard regarding an out-of-service sewer line in Ventura Road
• Construction in 1976 by the City of Oxnard
• Sewer line within PH city limits
• Placed out-of-service in 2003 as part of the Redwood Trunk Project • PH entered into a right of entry agreement with Oxnard and inspected the sewer line
• PH asked for a transfer of ownership of the sewer line BACKGROUND 4
616
● Oxnard staff reviewed record documents and met internally to determine the original intent of the out-of-service pipeline and future needs
● A portion of the pipeline was demolished as part of the Lift Station 28 Demolition Project
● No plans to recommission the remaining pipeline
● Current valuation based on asset depreciated value
• $20,559.54
● Staff recommends that ownership of the pipeline be transferred to the City of Port Hueneme for the remaining depreciated value
DISCUSSION 5
617
DISCUSSION 6
Out of Service Sewer
City of
Port
Hueneme
618
This action includes the transfer of a City asset with compensation in the amount of $20,559.54 which will be deposited into the Wastewater Operating Revenue Fund (6113610-47000
Miscellaneous Revenue) once received.

FINANCIAL IMPACT 7
619
QUESTIONS?
8 620

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3

DATE: July 30, 2024

TO: City Council

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

SUBJECT: Agreement 32500043 with Carollo Engineering, Inc. for Engineering Services for Aquifer Storage and Recovery Pilot Well PW 24-107. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Carollo Engineering, Inc. for a total amount not to exceed $859,069.50 from August 1, 2024 to January 31, 2026 for Engineering Services for Aquifer Storage and Recovery Pilot Well.

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

BACKGROUND

The Aquifer Storage and Recovery (ASR) well is a demonstration project that consists of injecting advanced treated recycled water from the Advanced Water Purification Facility (AWPF) into the Oxnard Subbasin for three to six months, holding the water on the groundwater aquifer for the required detention time, and then withdrawing the water from the same wells for indirect potable reuse.

The demonstration ASR well, three monitoring wells and the underground pipe tie-in from the Ventura Road Recycled Water Backbone Pipeline to the ASR Well below-ground components have already been constructed. Construction on the current aboveground phase began in 2021. It includes the installation of the pump house with the pump, piping, electrical equipment, and appurtenances located within in addition to a maintenance access road. During the construction, the contractor submitted requests for information (RFIs) identifying components that are needed to complete the start-up and commissioning of the well. These components include:
• Backflushing
• Water service
• Supervisory Control and Data Acquisition (SCADA)
• Operation and Maintenance Manuals and Standard Operating Procedures • Operation and Optimization Plan
• As-built Drawings
• Documentation And Specification Support for Recycled Water Backbone Pipeline Flushing • ASR Well Facility Startup Testing

The original design of the pilot ASR project predates the employment of current key Public Works staff members. As such, it is not clear why these components were not included in the original design other than pushing the project forward 621
to ensure grant funds would not expire. Potentially, these components were always intended to be designed/installed later or could have been contemplated as a design-build option. Whatever the original intent of the design was, the fact remains these components now need to be designed and included in the construction project in order to move to the testing and permitting stage with the State of California.

Capital Improvement Program (CIP) Reference:

Project No. C2021 – Aquifer Storage and Recovery Pilot Well - CIP 2025-2029 - Adopted June 4, 2024.

DISCUSSION

On April 29, 2024, the City released Request for Proposal (RFP) No. PW 24-107 Engineering Services for Aquifer Storage and Recovery Pilot Well. Proposals were due on May 23, 2024. The City received one proposal. The Water Operations Manager, Senior Civil Engineer, and Interim Assistant Director of Public Works evaluated the proposal and confirmed Carollo Engineering, Inc (Carollo) provided the experience and expertise to complete the engineering portion of the project. Procurement staff have verified Carollo possesses the required business licenses. They are known as an industry leader in recycled water and groundwater engineering. Based upon the available information and research performed to date, staff believes that Carollo is capable of satisfactorily performing the scope of work. It should be noted that Carollo was not the original designer for the ASR project.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total amount of Agreement 32500043 with Carollo Engineering, Inc. shall not exceed $859,069.50 and is included in the Fiscal Year 2025-2029 Capital Improvement Program and the Fiscal Year 2024-25 Adopted Budget from the Water Resources Development Impact Fee Fund (603) and corresponding Water Capital Fund (602) in Project C2021.

As of July 10, 2024, the available funding for this project is as follows:

FUND AVAILABLE PROJECT

BUDGET BALANCE
601-Water Operations $400,760
603-Water Resources Development Impact Fee $4,500,000
TOTAL $4,900,760

COMMITTEE OUTCOME

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

Prepared by: Timothy Beaman, Interim Assistant Public Works Director

ATTACHMENTS

1. 32500043 Carollo ASR

2. Presentation

622
[RESERVED]SUMMARY DESCRIPTION OF SERVICES. Engineering Services for AquiferStorage and Recover Pilot WellPARTIES.CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030Carollo Engineers, Inc. (“CONSULTANT”), a corporation of the State of Delaware, with an office located at 707 Wilshire Blvd. Suite 3920, Los Angeles, California 90017 4. TERM OF AGREEMENT:From (Date): Aug 1, 2024 To (Date): Jan 31, 20264.1Time is of the essence in this Agreement.4.2This Agreement does not have any options to extend.4.3[INTENTIONALLY OMMITTED]4.4All Services required of CONSULTANT under this Agreement shall becompleted on or before the end of the term of the Agreement.5. AGREEMENT AMOUNT NOT TO EXCEED: $859,069.50.6. AGREEMENT EXHIBITS.

Agreement No. 32500043CONSULTANT/PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF OXNARD AND CAROLLO ENGINERS, INC. By This CONSULTANT/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the Services of Carollo Engineers. Inc. (“Consultant”), and CONSULTANT agrees to perform the Services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.” 1 of 33
623
The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls. Exhibit A: Scope of Services Exhibit B: Schedule of CompensationExhibit C: Insurance Requirements: CITY Insurance Exhibit INS-A Exhibit D: Living Wage Policy Exhibit E: Prevailing Wage Policy7. DESIGNATED REPRESENTATIVES.The Designated Representatives listed below shall be authorized to act on behalfof the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, CONSULTANT’s Services shall be performed or immediately supervised by the CONSULTANT’s Representative: CITY Designated Representative: CONSULTANT Designated Representative: Name: Tim Beaman Name: Eric M. Mills, P.E.Title: Interim Asst. Public Works Director Title: Principal Phone: 805-385-8141 Phone: 213-279-3305 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):8. CONTRACTUAL PREREQUISITES.8.1This Agreement must first be executed by the CONSULTANT, after whichthe Agreement shall be approved as to form by the CITY Attorney, then executedby the Mayor, or an authorized person on behalf of the CITY, and if executed bythe Mayor shall also be executed by the CITY Clerk.8.2CONSULTANT is advised that any recommendation for Agreement awardis not binding on CITY until the Agreement is fully executed and approved byCITY.8.3A request for modification of the terms, prior to execution of theAgreement, must be made in writing and presented to the DesignatedRepresentative of the CITY prior to the time this Agreement is executed.8.4All proof of a CITY tax certificate, insurance, and W-9 forms is requiredprior to execution of this Agreement.

Agreement No. 32500043
2 of 33
624

8.5CONSULTANT shall not perform any work under this Agreement until a proof of insurance has been provided to the CITY as required under Section 24of this Agreement. 9. CONSULTANT'S SERVICES.9.1CONSULTANT shall perform the tasks, obligations, and Services set forth inthe “Scope of Services,” attached to and incorporated into this Agreement as“Exhibit A.” Once this Agreement is executed, the Scope of Services may onlybe modified by written Amendment pursuant to Section 13 of this Agreement.9.2The Services shall be coordinated with the designated CITY ProjectManager set forth in Exhibit A subject to the direction of the CITY Manager orDepartment Director. CONSULTANT hereby designates its Project Manager asset forth in “Exhibit A” as the person responsible for the Services who shallcoordinate with CITY’s Project Manager in executing the Scope of Servicesunder this Agreement.10. COMPENSATION.CITY shall pay CONSULTANT for the Services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the CITY Council. 11. PAYMENT & INVOICES.The CITY shall pay all undisputed portions of any applicable invoice within thirty(30) days after receipt of an invoice. In the event the CITY disputes one or more itemsin an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notifythe CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITYmay withhold payment for such disputed items until resolution of the dispute.11.1 Payment Request.CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected]. 11.2 Non-Appropriation of Funds.Payments to be made to CONSULTANT by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall Agreement No. 32500043
3 of 33
625
cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.11.3CONSULTANT’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by CONSULTANT and its employees, agents and subcontracted CONSULTANTs. 11.4CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by CONSULTANT or materials or products provided to CITY by CONSULTANT, CONSULTANT shall pay the sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT. 12. [RESERVED]13. MODIFICATION OF AGREEMENT.This Agreement may be amended, modified, or otherwise altered, or itsprovisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard CITY Code, Sections 4-59 and 4-60.14. TERMINATION OF AGREEMENT.CITY may terminate this Agreement at any time, with or without cause andwithout penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice. 15. [RESERVED]16. INDEPENDENT CONTRACTOR.CONSULTANT is and shall at all times remain, as to CITY, a wholly independentcontractor. Neither CITY nor any of its employees or agents shall have control over the Agreement No. 32500043
4 of 33
626
conduct of CONSULTANT or any of its employees, except as stated in this Agreement. CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any Services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITYretains the right to provide general instructions to and observe the CONSULTANT in the performance of all Services done on behalf of the CITY. CONSULTANT and its employees, subCONSULTANTs, and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONSULTANT and its employees are not employees of CITY. CONSULTANT and its employees are not entitled to receive from CITY any of the benefits or rights afforded employees of CITY, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, subCONSULTANTs, or employees are in any manner agents, subCONSULTANTs, or employees of CITY. 17. LAWFUL PERFORMANCE. CONSULTANT shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement. 18. SAFETY REQUIREMENTS. CONSULTANT shall not perform any Services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship. 19. STANDARD OF PERFORMANCE; WARRANTY.

Agreement No. 32500043
5 of 33
627

19.1CONSULTANT agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care. 19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the CONSULTANT agrees that it: (1) Has thoroughly reviewed and considered the Services and work to be performed; (2) Has reviewed the issues regarding the Scope of Services to be provided; (3) Has carefully considered how the Services and related work should be performed; and (4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement. 20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE. CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONSULTANT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY. 20.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 20.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's Services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of Services required under this Agreement. CONSULTANT shall, upon request by CITY and Agreement No. 32500043
6 of 33
628
upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY. 20.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANTwithout infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed. 20.4. Ownership of Documents.Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. 20.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515. 20.6. Disclosure of Information. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement. 20.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by CONSULTANT in reliance on any Confidential Information disclosed under this Agreement. 21. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Agreement No. 32500043
7 of 33
629
Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22. 22. NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. 23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, CONSULTANT shall immediately defend, indemnify, and hold harmless the CITY, its officers, employees, representatives, (but not including the CITY’s construction contractors or other CONSULTANTS) and agents (the “CITY Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the CITY (collectively “Claims”) which may arise out of CONSULTANT'S negligence or willful misconduct in the performance of the Services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the CITY Indemnitees. 23.2 The duty to defend is a separate and distinct obligation from CONSULTANT’S duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs. 23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Agreement No. 32500043
8 of 33
630
Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such Services in accordance with the applicable provisions of the California Business and Professions Code. 23.3.1Notwithstanding the provisions of Subsection 23.1 and 2 above, to the extent that the Services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the CITY Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the Services described in this Agreement. 23.3.2In no event shall the costs of defense charged to CONSULTANTexceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection shall be construed to require CONSULTANT to provide indemnification for Claims caused by the active negligence or willful misconduct of the CITYIndemnitees, or any other party for whom CONSULTANT is not legally liable. 23.4 The CITY does not and shall not waive any rights that it may have against CONSULTANT under this Section, because of the acceptance by the CITY, or the deposit with the CITY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of Section 23, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. 23.5The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the expiration or any early termination of this Agreement. 23.6CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall be solely responsible for, and shall save CITYharmless from, all matters relating to the payment of CONSULTANT’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

Agreement No. 32500043
9 of 33
631

24. INSURANCE.CONSULTANT shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by CONSULTANT is a material element of this Agreement. CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement. 25. LIVING WAGE REQUIREMENTS. During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard CITY Council Living Wage Policy, attached as “Exhibit E” to this Agreement, CONSULTANT will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT. 26. PREVAILING WAGE REQUIREMENTS. 26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.26.2. Compliance with California Department of Industrial Relations (DIR).To determine if this Agreement is subject to compliance monitoring and enforcement, go to: https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html 26.3. Contract Splitting.It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements. 26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s Agreement No. 32500043
10 of 33
632
local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT. 27. [RESERVED] 28. CONFLICT OF INTEREST. CONSULTANT covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of CONSULTANT’s Services under this Agreement. CONSULTANT further covenants that in the performance of Services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY. 29. SUBCONTRACTING. If CONSULTANT requires the assistance of a subcontractor to render any Services under this Agreement, CONSULTANT shall obtain prior written consent from the CITY before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement. 30. DISPUTES.Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days. Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative. 31. DISPUTE RESOLUTION.

Agreement No. 32500043
11 of 33
633
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties. 32. ASSIGNMENT. This Agreement is for the professional Services of CONSULTANT. Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's Services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANTshall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.33. CARE OF WORK Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the CITY, CONSULTANT shall immediately inform the CITY of such fact and shall not provide any Services, except at CONSULTANT'S risk, until written instructions are received from the Project Manager. 34. REPORTS Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, CONSULTANT shall prepare and submit reports to the CITY concerning CONSULTANT's performance of the Services required by this Agreement. 35. AUDIT. CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT, or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.

Agreement No. 32500043
12 of 33
634
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY. 36. ADVERTISING AND PUBLICITY CONSULTANT shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement. 37. NONDISCRIMINATORY EMPLOYMENT. CONSULTANT shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. CONSULTANT understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, CONSULTANT shall be responsible for such subcontractor’s compliance with this Section. 38. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by CONSULTANT shall be construed to be both a covenant and a condition. 39. WAIVER.CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

Agreement No. 32500043
13 of 33
635

40. FORCE MAJEURE.Neither the CONSULTANT nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY. 41. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura. 42. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable. 43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns. 44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement. 45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

Agreement No. 32500043
14 of 33
636

46. EXECUTION – COUNTERPARTS.This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof. 47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition. 48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading. 49. ACKNOWLEDGEMENT. By signing below, CONSULTANT acknowledges that it has reviewed the CITY’S Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance. [Signatures on next page] Agreement No. 32500043
15 of 33
637
IN WITNESSWHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties. CITY OF OXNARD CAROLLO ENGINEERS, INC.John C. Zaragoza, Mayor1DateEric M. Mills, Sr Vice President Date Jennifer Yates, Purchasing Manager2Matthieu Roussillon, Vice President3 DateATTEST:Rose Chaparro, CITY Clerk Date(only if Mayor authorizes)APPROVED AS TO FORM: Stephen M. Fischer, CITY Date Attorney (always required)1The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3The City requires the following for any contract: For a corporation, the signatures of the Board President, CEO or Vice President and of the BoardSecretary, Assistant Secretary, CFO or Assistant Treasurer;For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-levelmanagers); orFor a partnership, the signature of a partner. If the partnership is a limited partnership, the signer mustbe 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.

Agreement No. 32500043
16 of 33
638
EXHIBIT A CONSULTANT/PROFESSIONAL SERVICE AGREEMENT (CITY of Oxnard and Carollo Engineers, Inc.) SCOPE OF SERVICES Project Manager: Omar Ortiz 805-276-7470 [email protected] Task 1: Program Management1. Project Management. Consultant will coordinate all efforts of the Project Team including representatives from the City of Oxnard Public Works (City). The Consultant will facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget. 2. Project Kick-off Meeting. At the commencement of the Project, the Consultant will facilitate a “kick-off” meeting with the City’s engineering and operations staff to discuss the scope and parameters of the Project. 3. Progress Meetings. Consultant will attend monthly meetings at the City for the duration of the project. 4. Project Coordination. Consultant will coordinate all of the services of sub-consultants including site visits, site inspections, and will ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City. 5. Monthly Invoicing. The Consultant will submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment will be dated according to when the revised invoice is delivered to the City. Invoices will be delivered electronically to the Project Manager and to [email protected]. Task 2: BackflushingThe Consultant will complete the application process to obtain a NPDES Permit from the Regional Water Control Board (RWQCB) for the discharge and disposal of backflushed water from the ASR Well. The Consultant will provide plan for two rounds of RWQCB questions and responses. The Consultant will develop design drawings for the pipeline, air gap, catch basin, and connection to the stormwater system required to dispose of backflush water. The design will include all necessary valves, appurtenances, and security measures around the catch basin. Deliverables Notice of Intent Completed NPDES application 100% design drawingsTask 3: SCADA DesignBased on existing Requests for Information (RFI) and the existing documentation the Consultant will develop complete design drawings including Process and Instrumentation Design (P&IDs), programming, and communication.

Agreement No. 32500043
17 of 33
639
Deliverables Formal responses to RFIs 100% design drawingsTask 4: Operation and Maintenance Manuals and Standard Operating ProceduresThe Consultant will develop an operation and maintenance (O&M) manual for the ASR Well. The manual will include site overview, basis of design, well operation, electrical, and SCADA. Standard operating procedures (SOP) will be developed for specific tasks pertaining to well and equipment maintenance. SOPs will include part are not limited to: Start-up Backflushing Water Quality SamplingMonitoring well sampling Shutdown and mothballing proceduresDeliverable O&M Manual Standard Operating ProceduresTask 5: As-built Drawings and Operation and Optimization Plan (OOP) The Consultant will develop a complete set of as-built drawings. The drawings will be accompanied by an Engineer’s Report that includes a revised basis for design and Department of Drinking Water (DDW) rules and regulations for indirect potable reuse operations of the ASR Well. The Consultant will develop an OOP in accordance with the DDW Conditional Acceptance Letter for the City of Oxnard Groundwater Recharge Enhancement and Treatment Program. Deliverables As-built drawings Engineer’s Report OOPTask 6: Bid Documentation And Specification Support for RW Backbone Pipeline FlushingConsultant will prepare design drawings, accompanying bid specifications, and opinion of probable cost estimate to flush the portion of the existing Recycled Water Backbone Pipeline System that connects the AWPF to the ASR Well Facility only. Deliverables 60% and 100% RW Backbone Flushing plan submittals. Draft and Final project specifications in Word and PDF format. Opinion of Probable Construction Cost Estimate. Record Drawings submittal. Assumptions The City will handle traffic engineering plans and traffic management. Disinfection will not be included in flushing activities. Flushing work will not include excavation/modifications to the RW Backbone Pipeline.

Agreement No. 32500043
18 of 33
640
Consultant will use data available (utility mapping, stationing, etc.) in the City’s RW Backbone pipeline plan sets to develop the basemap for the plans. Available DWG’s of the RW Backbone Pipeline plan sets will be provided by the City. The RW Backbone pipeline connections that are to be used for flushing and noted in the Plans are the connection locations provided by the Consultant and confirmed by City staff. The City will be responsible for advertising the bid plans and documentation. Task 7: Engineering Support During Construction The Consultant will provide engineering oversight for the following areas of the ASR Well Completion Project. 1. SCADA.The Consultant will provide oversight on the new well control strategies, P&ID’s, SCADA design for ASR Well, including flow monitoring of the future well flush/discharge line. Oversight will be provided on the development of the telemetry design using radio communication to the AWPF, the integration strategy, and the design to operate the ASR Well in conjunction with AWPF.2. Operations and Startup.The Consultant will provide technical oversight on ASR Well Facility startup testing. 3. Recycled Water (RW) Backbone Pipeline Flushing.The Consultant will provide oversight of the RW Backbone Pipeline flushing to be conducted by the Contractor selected to perform flushing work described in Optional Task 6. The Consultant will coordinate with City Water Department staff and provide oversight on the Contractor’s mobilization and burndown of flushing equipment prior to commencing operations, flushing operations, demobilization and return of water meter to the City’s Water Department. City staff will be responsible for the opening and closing of valves throughout the pipeline system for the duration of operations. The Consultant will assist with documentation close-out and transfer to the City’s Project Manager. 4. ASR Well Improvement Construction Completion.This task includes engineering oversight for the duration of current well improvements. Deliverables Six (6) Monthly Project Review Meetings. Assumptions Construction duration of six (6) months. The City will handle traffic engineering plans and management during flushing operations. Flushing activities will not include disinfection. Task 8: ASR Well Facility Startup Testing The Consultant will assist with planning pre-commissioning, commissioning, and start-up activities. 1. Planning and Test Development. The Consultant will assist the City’s contractor with planning pre-commissioning, commissioning, and start-up activities. Using the equipment O&Ms and the design package, system test plans will be developed for the following: Aqueous Ammonia Feed System, Sodium Hypochlorite Feed System, and ASR Pump and Control Valve System. In coordination with the City. The Consultant will develop a performance test plan to demonstrate the system’s ability to operate as designed. 2. Management/Support for Pre-Commissioning.The Consultant will provide a pre-commissioning checklist to support and track the Contractor’s pre-commissioning activities.

Agreement No. 32500043
19 of 33
641
Project documents will be reviewed to define start-up coordination between the Contractor and the Consultant. 3.Onsite Support for Testing & Start-Up. The Consultant will walk the site to verify the layout andconfiguration are consistent with the designed system and operating strategies. Deficiencies willbe identified and confirmed with the Contractor to ensure deficiencies are addressed. Using thetest plans developed as part of Optional Task 8.1, testing and start-up will be conducted on theinstalled equipment. With the PLC System Programmer, the City, and the I&C Engineer, testingand adjusting of system control settings and process variables will be done to provide smoothsystem operation. Questions and comments from operations and maintenance staff will beaddressed.4.Performance Test Results.The Consultant will review and analyze data collected during theperformance test and provide a test report for review by the City.Deliverables One pre-commissioning checklist.Three system test plans.One performance test plan.One performance test report.

Agreement No. 32500043
20 of 33
642
643
644
EXHIBIT CCONSULTANT/PROFESSIONAL SERVICES AGREEMENT(CITY of Oxnard and Carollo Engineers, Inc.)INSURANCE REQUIREMENTSPrior to contract approval, CONSULTANT/CONSULTANT/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document. INSURANCE REQUIREMENTS FOR CONSULTANTS(WITH ERRORS AND OMISSIONS REQUIREMENT) 1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insuranceagainst claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combinedsingle limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury andproperty 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. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of$1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must have 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 insurancein an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. 2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with originalendorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected] 3. Consultant agrees that all insurance coverages shall be provided by an insurance carrier with an A.M. Best rating of A:VII orbetter and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed toname City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

Agreement No. 32500043
23 of 33
645

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of theRisk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees tomaintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 6/24 Agreement No. 32500043 24 of 33
646
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation. Endorsement FormsOriginal endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form. INS-A.doc Agreement No. 32500043
25 of 33
647
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)PRODUCERTHIS 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-CODECOMPANIES AFFORDING INSURANCE COVERAGE INSURED COMPANYLETTER ASPECIFY COMPANY NAMES IN THIS SPACECOMPANYLETTER BCOVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY)POLICY EXPIRATION DATE (MM/DD/YY) LIMITSA GENERAL LIABILITY [x] COMMERCIALGENERAL LIABILITY [ ]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 $1,000,000EACH OCCURRENCE $1,000,000FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person)$ A AUTOMOBILE LIABILITY [x] ANY AUTOALL OWNED AUTOSSCHEDULED AUTOSHIRED AUTOSNON-OWNED AUTOSGARAGE LIABILITYCOMBINED SINGLE $1,000,000LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ A EXCESS LIABILITY UMBRELLA FORM OTHER THANUMBRELLA FORMEACH OCCURRENCE $ AGGREGATE $ A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITSEACH ACCIDENT $1,000,000DISEASE-POLICY LIMIT $1,000,000DISEASE-EACH EMPLOYEE$1,000,000A OTHER Errors and omissions insurance or malpractice insurance available for the insured's profession Minimum coverage $1,000,000Each consultant/ $500,000 & listed sub-consultantDESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSCERTIFICATE HOLDER 8520 Allison Pointe Blvd. Ste 223 PMB 5210 Indianapolis, Indiana 462500-4299 US CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.AUTHORIZED REPRESENTATIVERev. 6/24 INS-A.doc Agreement No. 32500043
26 of 33
648
GENERAL LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”)SUBMIT IN DUPLICATEENDORSEMENT 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 LimitsTelephone:Deductible Self-Insured Retention (check which) of $with an Aggregate of $ applies tocoverage.Per OccurrencePer 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 coveredCITY AGREEMENTS/PERMITS TYPE OF INSURANCEGENERAL LIABILITYCOMMERCIAL GENERAL LIABILITYCOMPREHENSIVE GENERAL LIABILITYOWNERS & CONTRACTORS PROTECTIVEClaims MadeRetroactive DateOccurrenceOTHER PROVISIONS COVERAGES LIABILITY LIMITS IN THOUSANDS $ EACH OCCURRENCEAGGREGATE GENERALPRODUCTS/COMPLETED OPERATIONSPERSONAL & ADVERTISING INJURYFIRE DAMAGE CLAIMS:Underwriter’s representative for claims pursuant to this insurance. Name: Address: Telephone: ( )In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows: 1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activitiesperformed 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 respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it. 3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.4.CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days priorwritten 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 coverageprovided 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; orb. 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 8520 Allison Pointe Blvd. Ste 223 PMB 5210Indianapolis, Indiana 462500-4299 US AUTHORIZED REPRESENTATIVE Broker/Agent Underwriter I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: ( ) Date Signed:

Agreement No. 32500043
27 of 33
649
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATEENDORSEMENT 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 LimitsTelephone: DeductibleSelf-Insured Retention (check which) of $with an Aggregate of $ applies to coverage.Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered: CITY AGREEMENTS/PERMITS TYPE OF INSURANCE OTHER PROVISIONSCOMMERCIAL AUTO POLICYBUSINESS AUTO POLICYOTHERLIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to thisinsurance. 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 andactivities 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 respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it. 3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.4.CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days priorwritten 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 coverageprovided to the City, its officers, agents, employees or volunteers. 6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); orb. 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 8520 Allison Pointe Blvd. Ste 223 PMB 5210 Indianapolis, Indiana 462500-4299 USAUTHORIZED REPRESENTATIVEBroker/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. 6/24 INS-A.doc Agreement No. 32500043
28 of 33
650
EXHIBIT D CONSULTANT/PROFESSIONAL SERVICES AGREEMENT(CITY of Oxnard and Carollo Engineers, Inc.) LIVING WAGE POLICYPursuant to the Living Wage Policy adopted July 9, 2002 by the CITY Council and effective October 1, 2002, the CITY Manager and CITY Attorney are directed to include the following language in all standard CONSULTANT/Professional Services contracts that may be governed by the Living Wage Policy. A. CONSULTANT shall compensate any employee of CONSULTANT whoprovides Services under this Agreement in accordance with the Living Wage Policy,attached hereto and incorporated herein by reference as the Living Wage PolicyExhibit. While this Agreement is in effect, CONSULTANT shall pay such employeeno less than $18.89 per hour for each hour that such employee provides Servicesunder this Agreement. In addition, while this Agreement is in effect, CONSULTANTshall provide to such employee no less than 96 hours of paid leave per calendaryear.B. CONSULTANT agrees to post, at a location readily accessible to thoseemployees providing Services to the CITY, a copy of the Living Wage Policyadopted by CITY Council on July 9, 2002 and effective October 1, 2002.C. If CONSULTANT fails to compensate such employee pursuant to the LivingWage Policy, the CITY Manager or designee shall terminate this Agreement onwritten notice to CONSULTANT, effective immediately.D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in anymanner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to anyemployee providing Services under this Agreement a penalty of three times theamount or value of the compensation owed to such employee under the LivingWage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15)calendar days after the CITY Manager or designee provides written notice toCONSULTANT of the amount owed.

Agreement No. 32500043
29 of 33
651
CITY OF OXNARD LIVING WAGE REQUIREMENTSEFFECTIVE JULY 1, 2023CONSULTANT shall compensate any employee of CONSULTANT who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year. a. CONSULTANT agrees to post, at a location readily accessible to thoseemployees providing Services to the CITY, a copy of the Living Wage Policyadopted by the Oxnard CITY Council on July 9, 2002 and effective October 1, 2002.b. If CONSULTANT fails to compensate such employee pursuant to the LivingWage Policy, the CITY Manager or designee shall terminate this Agreement onwritten notice to CONSULTANT, effective immediately.c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in anymanner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to anyemployee providing Services under this Agreement a penalty of three times theamount or value of the compensation owed to such employee under the LivingWage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15)calendar days after the CITY Manager or designee provides written notice toCONSULTANT of the amount owed.

Agreement No. 32500043
30 of 33
652
EXHIBIT E CONSULTANT/PROFESSIONAL SERVICES AGREEMENT(CITY of Oxnard and Carollo Engineers, Inc.) PREVAILING WAGE 1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein. 2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at CITY Hall and will be made available to any interested party on request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement. 3. CONSULTANT is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2). 4. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONSULTANTshall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by CONSULTANT or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775. 5. CONSULTANT shall comply with Labor Code Section 1776, which requires CONSULTANT and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records. 6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT Agreement No. 32500043
31 of 33
653
and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. CONSULTANT may not be debarred or suspended throughout the AgreementTerm pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, CONSULTANT must immediately notify CITY. 8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less. 9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work. CONSULTANT shall comply with and be bound by Labor Code Section 1810. 10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by CONSULTANT’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay. 11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR. 12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

Agreement No. 32500043
32 of 33
654

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

Agreement No. 32500043
33 of 33
655
Agreement 32500043 with Carollo Engineering,
Inc. for Engineering Services for Aquifer
Storage and Recovery Pilot Well PW 24-107
City Council
July 30, 2024
Tim Beaman, P.E.

Interim Assistant Public Works Director
656
RECOMMENDATION 2
That the City Council approve and authorize the Mayor to execute an Agreement with Carollo Engineering, Inc. for a total amount not to exceed $859,069.50 from August 1, 2024 to January 31, 2026 for Engineering Services for Aquifer Storage and Recovery Pilot Well. 657

BACKGROUND
3 • The AWPF was completed in 2016 with a theoretical
capacity of 6.25 MGD
• In 2017 the ASR Well and associated monitoring wells
were drilled
• Design for well equipping and site civil commenced in 2018 • Department of Drinking Water issued a Conditional
Acceptance Letter in 2019 outlining the regulatory
parameters for the AWPF, ASR Well, and IPR
• ASR Well civil and mechanical construction began in April 2021
658

BACKGROUND - CHALLENGES
4 • Regulatory compliance
• Backflushing plan
• Construction through
COVID
• Site conditions
• Concurrent projects
• Components missing
from original design
659

DISCUSSION
During the construction, the contractor submitted requests for information (RFIs) identifying components that are needed to complete the start-up and commissioning of the well. These components include:
• Water service
• Supervisory Control and Data Acquisition (SCADA)
• Operation and Maintenance Manuals and Standard Operating Procedures
• Operation and Optimization Plan
• As-built Drawings
• Documentation And Specification Support for Recycled Water Backbone Pipeline Flushing
• ASR Well Facility Startup Testing
5 660

DISCUSSION
• On April 29, 2024, the City released Request for Proposal (RFP) No. PW 24-107 Engineering Services for Aquifer Storage and Recovery Pilot Well. Proposals were due on May 23, 2024. • The City received one proposal from Carollo
• The Water Operations Manager, Senior Civil Engineer, and Interim Assistant Director of Public Works evaluated the proposal. • Based upon the available information and research performed to date, staff believes that Carollo is capable of satisfactorily performing the scope of work. It should be noted that Carollo was not the original designer for the ASR project.
6 661

FINANCIAL IMPACT
The total amount of Agreement 32500043 with Carollo Engineering, Inc. shall not exceed $859,069.50 and is included in the Fiscal Year 2025-2029 Capital Improvement Program and the Fiscal Year 2024-25 Adopted Budget from the Water Resources Development Impact Fee Fund (603) and corresponding Water Capital Fund (602) in Project C2021. 7 662
End of Presentation
663

FINANCE AND GOVERNANCE COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.4

DATE: July 30, 2024

TO: Finance & Governance Committee

FROM: Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]

SUBJECT: Second Amendment to Agreement 32400125 with Hireclout for IT Consulting and Recruiting Services. (10 minutes)

RECOMMENDATION

That City Council approve and authorize the Mayor to execute a Second Amendment to Professional Services Agreement 32400125 with Hireclout, Inc. to increase the value of the agreement from $850,000 to $1,500,000 through June 30, 2025, for information technology consulting and recruitment services.

(Finance & Governance Committee approved 3-0 on July 9, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/F_KGJJ8OOWM

BACKGROUND

Hireclout Inc. is a leading recruitment agency that provides Information Technology workforce management services and expertise. The current job market continues to provide challenges in finding and hiring appropriate talent. This has been a nationwide issue and not something that is unique to the City of Oxnard. Hireclout possesses the expertise to locate, recruit, and screen IT candidates to come to the City either as consultants or future full-time employees. The IT Department is actively recruiting technology personnel in its quest to serve the needs of the City, its residents and its businesses.

Since entering into an agreement with the City in August 2023, the vendor has provided the IT Department with several IT professionals who have played critical roles in working with existing staff to gather requirements, design solutions, build test and implement several technology projects throughout the City.

Several projects spanning across various departments including Police, Fire, Public Works and Billing and Licensing, have been completed and work on several more continue to progress, none of which could have been accomplished without the Hireclout staffing. It's also important to note that the Hireclout consultants have helped the IT department to remediate several key audit findings from prior years.

The current value of the agreement is $850,000, of which approximately $600,000 has been used. It is important that the IT Department maintains uninterrupted access to the vendor's services. The City had been employing the services of another consulting company to support operations specific to Public Safety systems.

Due to personnel changes, this company will not be able to continue performing these critical tasks. The City would like to have the option of engaging Hireclout consultants to maintain and support these key systems in Public Safety.
664

The IT Department is also actively recruiting to fill its vacancies. The vendor has the ability to search and locate professionals from a wide pool of applicants, spanning many localities and industries. Already two consultants who had successfully been managing some of the department's projects applied for vacant positions and became employees of the City. Having the uninterrupted services of the vendor allows the IT Department to fill some of its extremely important vacant positions necessary to continue providing technology services to City staff, residents and businesses.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

Funding for FY 2024-25 is included in the Information Technology (Fund 731) adopted operating budget. No additional appropriation is required at this time.

For Finance Use Only: Information Technology Fund (Org. 7311801 Obj. 53200)

Prepared by: Gary Krumian, Programmer Analyst

ATTACHMENTS

1. Hireclout Second Amendment 32400125

2. Hireclout First Amendment 32400125

3. Hireclout Agreement

4. Presentation

665
Agreement No. 32400125

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

This Second Amendment (“Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 20th day of June 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Hireclout (“Hireclout”, or “Consultant”). This Second Amendment amends the First Amendment of January 12, 2024, which itself amended the original Agreement entered into on August 17, 2023 by City and Consultant.

City and Consultant agree as follows:

1. The following language is hereby added to Section 2 of the Agreement:
“D. NOT TO EXCEED AMOUNT. The aggregate dollar value of this Agreement shall not exceed $1,500,000.”

2. The Parties agree that this Agreement may be transmitted and signed by electronic signature by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7.

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

[Signatures on the next page]

DocuSign Envelope ID: 7AD1498D-A701-4AFB-B6F2-2E94D0349F42 666
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first written above.

CITY OF OXNARD HIRECLOUT

John Zaragoza, Mayor Date Jeffrey Mitchell, President Date

Avetis Antaplyan, CEO Date

ATTEST:

Rose Chaparro, City Clerk Date

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney

DocuSign Envelope ID: 7AD1498D-A701-4AFB-B6F2-2E94D0349F42 6/26/2024 | 9:17 AM PDT
667
668
669

AGREEMENT/AMENDMENT REVIEW FORM
Contractor/Vendor/Consultant: Agreement No:

Address:

Contact Name: Email: Phone:

Bus. Tax Cert. No.: Sec. of State ID: DIR No.:

INS-_______ Committee Date: Council Date:

Bid No.: ____________ Committee Agenda #: Council Agenda #:

Department: Project Manager:

Project Administrator: Admin. Email/ Phone:

Type of Agr eement: Contingency Requested: $
Agreement Term: EISPM Funds Requested: $
Termination Date: Value of Agreement: $
Munis Acct. No: Amendment No.:

Project No.: Value of Amendment: $__
Budget Appropriation Required: YES / NO Combined Total Value (w/ Amendment):$ NSS Agreement: YES / NO
Project Name / Description: _______________________________________________________________________

HIRECLOUT
5950 Canoga Avenue, Suite 200, Woodland Hills, CA 91367

JEFF MITCHELL
[email protected]
818-882-2000 X 213

INFORMATION TECHNOLOGY

ROB RUBEN

ROB RUBEN
[email protected] 805-385-7554
1041801-53200
Staffing and recruiting for IT
FY23-24
June 30, 2024
200,000
Administrative
A
32400125
DocuSign Envelope ID: 655051A1-2354-4AD9-9F40-FFED2246F603 670
Agr
eement No. 32400125

MASTER SERVICE AGREEMENT

1. DEFINITIONS. "HC" refers to HIRECLOUT. "ASSIGNEE" refers to any employee, temporary personnel, contractor, full-time personnel, or other person provided by HC to perform services for CLIENT. "CLIENT" refers to City of Oxnard. This agreement is
effective as of the date of the latter of the two signatures below.

2. FEES
PAYABLE TO HC. CLIENT agrees to pay HC for services as specified herein, or as amended by any later signed agreements.

Payment of fees to HC is based upon the following:

A. HOURLY: The hourly rates shall be paid to HC for each hour HC and/or its ASSIGNEES perform services for CLIENT.

B. CONVERSION FROM
HOURLY TO PERMANENT EMPLOYMENT: Should an ASSIGNEE of HC be hired directly on a permanent basis or convert from compensation on an hourly basis to a permanent employment b asis for CLIENT, CLIENT agrees to pay HC based on the following schedule. In addition, the calculation for the bill rate to the City of Oxnard will be: Candidate Pay Rate X 1.18 (HC’s internal burden) + $25.00/h our equals Bill Rate to City of Oxnard.

Billed Hours Conversion Fee Rate (% of annual base salary) 1-360 Hours 20%
361 - 720 Hours 15%
721 – 960 Hours 10%
>960 Hours Free Conversion
C. PAYMENT: Weekly billings are based upon a 40 -hour work week. Payments to HC shall be made within 45 days of receipt of invoice from HC.

3. REIMBURSEMENT TO HC FOR EXPENSES. CLIENT shall be responsible to HC for the travel expenses of ASSIGNEE only when ASSIGNEE is required to work at a location other than CLIENT'S principal office, which is: 300 W 3rd St, Oxnard, CA 93030, U.S.A. CLIENT shall be responsible for, and will pay as billed, all pre-approved out-of-pocket expenses incurred by HC and/or ASSIGNEE in the course of ASSIGNEE's work on behalf of CLIENT.

4. INVOICING (FOR HOURLY ASSIGNEES). Invoices shall be sent weekly while HC's ASSIGNEE(S) performs services for CLIENT, and a final invoice will be sent upon termination. Each week, ASSIGNEE shall present CLIENT with time cards with the number of hours worked. CLIENT shall immediately review, approve and submit the written verification back to ASSIGNEE no later than 24 hours after receipt of same. By signing weekly written verification of work performed, CLIENT agrees that the services performed are satisfactory, the hours thereon are correct, and an inv oice may be sent based upon those hours. CLIENT shall pay the invoiced amount to HC (at the rates set out on the Exhibit attached hereto) within forty five (45) days of receipt of said invoices. Failure to pay any invoice as set out herein shall allow HC to immediately terminate services under this Agreement.

Failure of CLIENT to sign ASSIGNEE's written verification, or failure to make payment to either HC or ASSIGNEE, shall be subject to the arbitration provisions as stated in Paragraph 12 of this Agreement.

5. CONFIDENTIALITY. All information received or learned by CLIENT, HC or ASSIGNEE(S) shall remain strictly confidential, and is not to be released or disclosed unless agreed to by all parties hereto. Confidential information is defined as that which relates or pertains to research, development, trade secrets, or business affairs. This shall not apply to: (a) information which is known or able to be learned by any person not subject to this Agreement and involved in computer design and programming, and/or (c) is in the public domain. Disclosure of confidential information by any party to this Agreement shall be subject to the arbitration provisions as stated in Paragraph 12 of this Agreement.

6. HC'S ASSIGNEES (HOURLY). Neither HC, nor its hourly ASSIGNEES for which HC is paid a fee as defined in paragraph 2A, shall be deemed employees of CLIENT. HC shall have its hourly ASSIGNEES working under this Agreement sign a confidentiality form agreeing to the provisions as set forth in paragraph 5. HC shall provide Worker's Compensation Insurance for each hourly ASSIGNEE.

7. TERMINATION. Services under this Agreement shall terminate immediately after a party's receipt of written notice from the other that the services are to be terminated, unless the termination is due to CLIENT'S failure to pay an invoice, which then allows for immediate termination as described below. Notice of termination for cause is at the discretion of CLIENT. CLIENT shall be DocuSign Envelope ID: 655051A1-2354-4AD9-9F40-FFED2246F603 671
A
greement No. 32400125
liable for charges for services including, but not limited to, written documentation of r endered services and reimbursement for pre- approved expenses incurred before termination, as set out above. CLIENT shall pay said compensation pursuant to paragraph 2 hereunder. HC may immediately terminate this Agreement and services hereunder if CLIENT fails to pay all invoices as specified in paragraph 2, and/or fails to execute as specified herein the written verification submitted by HC ASSIGNEES. A late payment fee of $50.00 per month shall be assessed each month that the invoiced amount(s) is not paid until the invoice is paid. In the event of arbitration arising out of this Agreement, as described in Paragraph 12 of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. Any litigation necessitated under this paragraph shall be submitted to arbitration pur suant to the terms of Paragraph 12 of this Agreement.

I
f CLIENT petitions for relief under the Bankruptcy Act, or an involuntary petition should be filed against CLIENT, or a rece iver is appointed for CLIENT, HC shall have the right to terminate this Agreement immediately.

8. NON EMPLOYMENT (HOURLY) CLIENT agrees, during the course of this Agreement, and for a period of twelve (12) months after the commencement of the services for each ASSIGNEE, not to solicit for hire and/or otherwise (including consultation work) engage the services of HC's employees and/or ASSIGNEES, whether as hourly work, independent through another agency or as an employee without providing compensation to HC a fee as described in Paragraph 2 of this Agreement. It is mutually agreed that any ASSIGNEES performing services under this Agreement shall remain employees of HC, and HC will be solely responsible for: recruiting, interviewing, hiring, disciplining and terminating its ASSIGNEES. Except as set forth in Paragraph 2 above, ASSIGNEES shall not become employees of CLIENT, nor be entitled to any rights, benefits, compensation, damages, or contributions under any employee benefit plan, or privileges of CLIENT’s employees. Further, (a) HC will main tain all necessary personnel and payroll records for its ASSIGNEES; (b) pay gross wages and provide any legally required benefits directly to its ASSIGNEES; and (c) handle employee work-related claims and complaints.

9. WARRANTIES AND HOLD HARMLESS. HC shall make every reasonable effort to provide the best possible ASSIGNEE to work on behalf of CLIENT. However, HC shall assume responsibility and indemnify CLIENT for all claims, losses, liabilities, damages, and expenses arising out of bodily injury (including death) or property damage to the extent such injury (including death) or property damage occur as a result of the negligent acts or willful misconduct of the ASSIGNEES while the ASSIGNEES are working on behalf of CLIENT under this Agreement; (iii) any violations of law by the ASSIGNEES; and (iv) the violation of any trade secrets, proprietary information, trademark, copyright, or patent rights by ASSIGNEES in connection with the performance of this Agreement. HC does not warrant or guarantee the work or product of ASSIGNEE(S), and shall in no way be liable or legally responsible for any acts, errors or omissions of ASSIGNEE(S). HC sh all not be responsible for any damages caused by the acts, errors or omissions of ASSIGNEE(S). In no event shall HC be responsible for consequential or tort damages as a result of any act, error or omission caused by any ASSIGNEE.

10. FACILITIES. CLIENT agrees to provide HC's employee and/or ASSIGNEE with suitable working premises and conditions, Including but not limited to, all computer equipment and software necessary to perform the services for which ASSIGNEE is providing services for CLIENT, at CLIENT'S sole cost.

11. FAX DOCUMENTS. Copies of facsimile documents transmitted by either party shall be deemed to be an original and may be used for all purposes.

12. WORK FOR HIRE. All work performed by a ASSIGNEE shall be considered work for hire (“WORK”), and ownership of the WORK and all copyrights, trademarks, patents, proprietary information, trade secrets, intellectual property and other rights are and shall be deemed owned by CLIENT, and not by ASSIGNEE or AGENCY, both during th e performance of the WORK and upon completion. To the extent that any portion of the WORK may not be considered “work for hire” under applicable law, AGENCY shall, and AGENCY shall cause each ASSIGNEE to, irrevocably assign to CLIENT all of AGENCY’s and ASSIGNEE’s right, title and interest in and to such portions of the Work. AGENCY grants to, and shall cause each ASSIGNEE to grant, CLIENT the right to copy and freely distribute materials produced under this Agreement.

13. GOVERNING LAW AND ARBITRATION. The laws of the California shall govern the validity, jurisdiction, and construction of this MSA and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict laws. Any dispute between the parties as heretofore described in this Agreement, or which may arise between the parties, which otherwise could result in the filing of a lawsuit or other legal papers, shall be decided by way of binding arbitration. Each party shall have the right to conduct discovery under the provisions of the California Code of Civil Procedure. A retired judge of the Superior Court acting as a single neutral arbitrator shall be agreed upon by the parties for hearing the disputed matter(s). An arbitrator shall be agreed upon within thirty (30) days of a written demand for arbitration submitted by either party to this Agreement. An arbitration hearing shall take place within six (6) months of the demand for arbitration made by either party to this Agreement. If DocuSign Envelope ID: 655051A1-2354-4AD9-9F40-FFED2246F603 672

Agreement No. 32400125
a single neutral arbitrator cannot be chosen by mutual agreement within thirty (30) days, as stated above, then the disputed matters shall be submitted for resolution to the American Arbitration Association. All arbitration awards shall be binding, and without appeal. The party which prevails under the arbitration provisions as set forth above shall be entitled to attorney fees an d costs associated with arbitration. This Agreement shall be construed in accordance with the laws of the State of California.

14. ENFORCEMENT. If any provision of this Agreement is deemed illegal or unenforceable, then all other provisions of this Agreement shall nonetheless remain in full force and effect, and shall be binding on the parties hereto.

15. ENTIRE AGREEMENT. This Agreement, Including any Exhibits attached hereto and made a part hereof, constitutes and expresses the entire agreement and understanding between the parties hereto in reference to all the matters herein referred t o, as well as all previous discussions, promises, representations, and understandings relative thereto, if any, between the parties hereto, being herein merged.

16. SURVIVAL. Any respective obligations of AGENCY or CLIENT hereunder which by their nature would continue beyond the termination, cancellation or expiration of this MSA shall survive such termination, cancellation or expiration.

17. HC operates in accordance with the guidelines of the Equal Employment Opportunity Commission and complies with the ACA for small businesses for all eligible employees.

18. WORK HOURS AND OVERTIME. City office hours are 8:00am to 6:00pm Monday through Thursday, and 8:00am to 5:00pm on Friday, with City Offices being closed on alternating Fridays. The IT Department work schedule is a Nine -Eighty (9/80) Schedule which has 8 shifts of 9 hours and 1 shift of 8 hours for a total of 80 hours over a two -week period. A contract worker is not allowed to work overtime unless approved in advance by the department director. All overtime compensation shall be billed at the contract worker’s approved standard hourly rate.

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

CITY OF OXNARD HIRECLOUT

Jennifer Yates, Purchasing Agent Date Jeffrey Mitchell, President Date

Avetis Antaplyan, CEO Date

ATTEST:

Rose Chaparro, City Clerk Date

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney

DocuSign Envelope ID: 655051A1-2354-4AD9-9F40-FFED2246F603 8/1/2023 | 1:43 PM PDT
8/1/2023 | 4:06 PM CDT
8/10/2023 | 12:37 PM PDT
8/17/2023 | 4:38 PM PDT
673
Second Amendment to Hireclout Inc Professional
Services Agreement for IT Recruitment Services
City Council
July 30, 2024
Rob Ruben, CIO
674
That the City Council approve and authorize the Mayor to execute a Second Amendment to Hireclout Inc Professional Services Agreement 32400125 to extend its value to
$1,500,000 through June 30, 2025 for Information Technology consulting and recruitment services.

RECOMMENDATION 2
675
• City and vendor entered into a recruitment agreement in August 2023 in the amount of $200,000 for recruitment services of IT personnel • In March 2024 Council approved extension of the vendor’s services through June 30, 2025 with a new not to exceed amount of $850,000 • Challenges remain in the recruitment and hiring of personnel throughout the nation and this is especially true for finding technology talent • Vendor’s services are required to aid the IT department in finding qualified personnel to fill urgently-needed vacant positions within the department to continue serving the needs of the City, its residents and its businesses BACKGROUND 3
676
• The IT department continues to work on tens of key technology projects including remediation efforts to address several key audit findings from prior years
• These projects span across various departments to include Police, Fire, Public Works and Billing and Licensing
• The consultants have played critical roles in working with existing staff to gather requirements, design solutions, build, test and implement several of these projects
• Over half of the department’s projects have either been completed or have progressed beyond the initial stages, which could not have been accomplished without the Hireclout staffing
NEEDS & ACHIEVEMENTS 4
677
• The City has been engaging another consulting company to focus on key Public Safety operations
• Personnel changes at this consulting company will now prevent the City from receiving the services the Public Safety systems require • Hireclout has provided many highly-qualified professionals to date and staff requests the option to find consultants through this vendor to continue addressing these critical systems
NEW REQUIREMENTS 5
678
• This amendment supports uninterrupted use of the vendor’s services in filling needed personnel to continue with
implementation of technology projects
• Funds for this expenditure are budgeted in the IT
department’s FY 24-25 budget and no further appropriations are needed
FINANCIAL IMPACT 6
679
That the City Council approve and authorize the Mayor to execute a Second Amendment to Hireclout Inc Professional Services Agreement 32400125 to extend its value to
$1,500,000 through June 30, 2025 for Information Technology consulting and recruitment services.

RECOMMENDATION 7
680

QUESTIONS
8 681

Oxnard City CouncilJuly 30, 2024

Oxnard City Council
July 30, 2024