Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street October 15, 2024
Closed Session - 4:30 PM
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 884 6215 1644
3. Passcode: 649865
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 15, 2024 PAGE 2
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Moving Oxnard Forward v. Jim Throop; et al.
Ventura County Superior Court, Case No. 201800514769CUWM Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Jeff Muzzin v. City of Oxnard
Workers' Compensation Case No.: ADJ14304792
Legislative Body: City Council
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: John Mora v. City of Oxnard
Workers' Compensation Case Nos.: ADJ16075354 and ADJ16074567 Legislative Body: City Council
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 15, 2024 PAGE 3
In the Workers' Compensation Case of Blair Martin v. City of Oxnard Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)
1. City Manager Department
SUBJECT: Halaco Engineering Company (30 minutes)
RECOMMENDATION: That the City Council receive and file an update from the Environmental Protection Agency on the Halaco Engineering Company Superfund Site.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
2. City Attorney Department
SUBJECT: Gun Violence Restraining Orders: A Critical Tool to Help Reduce Gun Violence. (30 minutes)
RECOMMENDATION: That the City Council receive a presentation by the Ventura County District Attorney’s Office, Oxnard Police Department and the City Attorney’s Office regarding Gun Violence Restraining Orders: A Critical Tool to Help Reduce Gun Violence.
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of October 2024 as "Filipino American History Month."
2. SUBJECT: Presentation of a Proclamation Designating the Month of October 2024 as "Arts and Humanities Month."
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 15, 2024 PAGE 4
his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
1. City Attorney Department
SUBJECT: Resolution Regarding Job Outsourcing at Dignity Health’s St. John’s Regional Medical Center. (30 minutes)
RECOMMENDATION: That the Community Services, Public Safety, Housing & Development Committee consider whether to place on a future City Council agenda a resolution requested by Councilmember Valenzuela in support of Nurses and Healthcare Workers with SEIU 121RN and SEIU-UHW to address the outsourcing of critical jobs at Dignity Health’s St. John’s Regional Medical Center.
(The Community Services, Public Safety, Housing & Development Committee approved 2-1 on September 24, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/UDAJHTcy57s
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
J. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of September 17, 2024, regular meeting as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. City Manager Department
SUBJECT: Restatement of City and Successor Agency Capital Assets.
RECOMMENDATION: That the City Council receives and files a report on the Restatement of City and Oxnard Community Development Commission Successor Agency (Successor Agency) Capital Assets.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fWoc_5zo__8
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 15, 2024 PAGE 5
3. Housing Department
SUBJECT: Spectrum Pacific West, LLC Cable Services Agreement for Public Housing Sites.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize execution of a five-year agreement with Spectrum Pacific West, LLC dba Charter Communications, Inc. for the provision of basic cable services to 522 Public Housing units in an aggregate amount of $330,796.48 plus applicable taxes and fees.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on September 24, 2024.)
Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094
4. Police Department
SUBJECT: Motorola Hardware and Software Purchase.
RECOMMENDATION: That the City Council approve and authorize the Mayor to sign a purchasing agreement with Motorola Solutions for equipment, software licenses, and installation labor not to exceed $400,000.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Public Works Department
SUBJECT: Public Project Agreement 32500098 with Sancon Technologies, Inc. for On-Call Cured In Place Pipe Repair Services, Specification No. PW 24-128.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Sancon Technologies, Inc. for a three-year term for a total amount not to exceed $950,000 for On-Call Cured In Place Pipe Repair Services, Specification No. PW 24-128.
(Public Works and Transportation Committee approved 3-0 on September 24, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6. Public Works Department
SUBJECT: Agreement 32500090 with SNF Polydyne, Inc. DBA Polydyne Inc. for the Supply and Delivery of Anionic Polymer.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with SNF Polydyne, Inc. DBA Polydyne Inc. for an initial term of one year from October 2, 2024, to October 1, 2025, with the option for four consecutive one-year period extensions ending October 1, 2029, for a total contract amount not to exceed $750,000 for the supply and delivery of anionic polymer to the Wastewater Division.
(Public Works & Transportation Committee approved 3-0 on September 24, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Community Development Department
SUBJECT: Amendment to Agreements for Professional Services with m6 Consulting, Inc. and CSG Consultants, Inc.
RECOMMENDATION: That the City Council approve and authorize the mayor to execute the following amendments to existing Agreements:
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 15, 2024 PAGE 6
1. Second Amendment to Agreement Number A-8418 with m6 Consulting, Inc for on-call development plan check services, to increase the agreement amount by $1,100,000.00 for a total agreement amount of $3,100,000.00 and extend the Agreement by 2 years to February 1, 2027; and
2. First Amendment to Agreement Number A-8424 with CSG Consulting, Inc for development plan check services, to increase the agreement amount by $500,000.00 for a total agreement amount of $1,000,000.00 and extend the Agreement by 2 years to March 1, 2027.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on September 24, 2024.)
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
8. Police Department
SUBJECT: Agreement with Peregrine Technologies Inc. for Data Integration Software to be used by the Police Department.
RECOMMENDATION: That the City Council approve and authorize the Mayor to enter into a three-year agreement with Peregrine Technologies to provide real-time data visualization software for the Police Department, for an amount not to exceed $500,000.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
M. REPORTS
1. Public Works Department
SUBJECT: Budget Appropriation for Design and Construction Activities for the Mandalay Seawall Project. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize a new project budget appropriation in the amount of $1,500,000 from the available fund balance in the General Fund (101), and corresponding Capital Outlay Fund (301), to the Mandalay Bay Seawalls Capital Improvement Project (C1901).
(Public Works and Transportation Committee approved 3-0 on September 24, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/j96EqvLVIO0
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
N. ADJOURNMENT
6 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.2
DATE: October 15, 2024
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Gun Violence Restraining Orders: A Critical Tool to Help Reduce Gun Violence. (30 minutes)
RECOMMENDATION
That the City Council receive a presentation by the Ventura County District Attorney’s Office, Oxnard Police Department and the City Attorney’s Office regarding Gun Violence Restraining Orders: A Critical Tool to Help Reduce Gun Violence.
BACKGROUND
There are different types of restraining orders. A Gun Violence Restraining Order (“GVRO”), sometimes referred to as a red flag law, can stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, or magazines.
Only certain people can ask for a GVRO if they think someone is dangerous and should be restricted from having or buying firearms and ammunition, including:
• A law enforcement officer.
• The person's immediate family member, including a spouse, parent, child, grandparent, or any other person who regularly lives with them now or lived with them in the last 6 months. • The person's employer.
• The person's co-worker who has regular contact with the person and has worked with them for at least a year, and has the employer’s permission to ask for this restraining order. • An employee or teacher at a school that the person has gone to in the last six months, who has permission from a school administrator or staff supervisor.
A judge can grant a GVRO for one to five years to stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, or magazines. Once an order is granted by a judge, the police can be called to enforce the order and the restrained person will have to turn in any firearms or ammunition they have.
DISCUSSION
The Oxnard Police Department ("OPD"), represented by the Oxnard City Attorney’s Office has filed fifteen GVROs so far in 2024. Although the City Attorney’s Office has represented the OPD at multiple gun violence restraining order hearings, the following case is a clear example of a person that poses a significant danger of causing personal injury to themselves or another by having a firearm:
On April 1, 2024, the Respondent resisted arrest while being arrested for battery, and stated that if the OPD returned to his residence he would shoot officers. The Respondent actively resisted being arrested by tensing up his body, trying to pull away from officers, squirming on the ground, and pushing his foot against the wall. He used so much force that he 7 put his foot completely through the wall, causing a large hole. Respondent was charged with battery on his mother’s boyfriend, who told officers that the Respondent had previously made several suicidal and aggressive statements.
The OPD transported the Respondent to the hospital for a medical clearance. While at the hospital, the Respondent became aggressive, continued resisting officers, and stated that the officers were going to work for their money, and he was ready to “catch more charges.” While officers were placing the Respondent into a police unit, he stated “if you guys come back to my house, I am going to shoot you.” While driving to the Ventura County Jail, the Respondent made several threatening statements that if he had guns when officers had arrived that it would have been a different outcome. The Respondent stated several times that he wished he had guns when officers had arrived. Respondent stated that when he got out of jail that he would find all the officers who participated in his arrest. The OPD collected Respondent’s AR-15 assault rifle. The City Attorney’s Office obtained a 5-year gun violence restraining order against this individual.
This case highlights the importance of Gun Violence Restraining Orders.
According to the Countywide statistics provided to the City of Oxnard by the Ventura County District Attorney’s Office, thus far forty-two GVROs have been filed in 2024 with the Ventura County Superior Court, and the Ventura County Superior Court has granted twenty-three GVROs Countywide. Twelve of the twenty-three granted GVROs are from the City of Oxnard. The City of Oxnard has filed fifteen GVROs in 2024 thus far, filed fifteen GVROs in 2023, and filed fourteen GVROs in 2022.
The Ventura County District Attorney’s Office, Oxnard Police Department and the City Attorney’s Office will provide a presentation to the City Council regarding Gun Violence Restraining Orders: A Critical Tool to Help Reduce Gun Violence.
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
This item did not originate in Committee.
Prepared by: Andrew Gonzalez, Deputy City Attorney
ATTACHMENTS
1. 10-15-24 Gun Violence Restraining Orders City Council Presentation
2. Gun Violence Restraining Orders. A Critical Tool to Help Reduce Gun Violence
8 Gun Violence Restraining
Orders:
A Critical Tool to Help Reduce Gun Violence
9 • Different from a Domestic Violence
Restraining Order or Civil
Harassment Restraining Order
• A GVRO can stop someone from
having, owning, or buying any
firearms (guns), firearm parts,
ammunition, or magazines when
they pose an immediate threat to
themselves or others
• The GVRO is a civil procedure, not a
criminal one
What is a Gun Violence Restraining Order?
10 Isla Vista
May 2014
11 • 2016 Ca. Enacts GVRO Legislation also known as “Red Flag Laws”
• Falls under Penal Code sections 18100-18197
• Created ability for law enforcement to obtain Emergency Gun Violence Restraining Orders to temporarily prevent a person who is at-risk of hurting themselves or others from
possessing or purchasing any firearms or ammunition
• Exclusively available to law enforcement
In 2016, the Legislature Responded
12 Emergency GVRO – EPO-002
13 • Legislature expanded GVRO law to
create Ex Parte GVRO’s
• Available to law enforcement AND
specific civilians:
• Police officers
• Close family members
• Roommate
• Employer / coworker
• School teacher or employee
• Dating relationship
Process involves filling out 6 forms, found
at http://www.courts.ca.gov/forms.htm
In 2020, the Law Expanded
14 “We, [the Supreme Court] have held that the right
to keep and bear arms is among the ‘fundamental
rights necessary to our system of ordered
liberty.”’
However:
“[T]he Second Amendment permits the
disarmament of individuals who pose a credible
threat to the physical safety of others.”
Constitutionality
McDonald v. Chicago (2010) 561 U.S. 742;
United States v. Rahimi (2024) 144 S.Ct. 1889, 1898
15 The goal is to ensure the safety of the restrained individual and those around them by restricting their access to firearms.
This creates safer circumstances for the individual to seek treatment, stabilize their behavior, or access resources to address the underlying causes of their dangerous behaviors.
How does it help people stay safe?
16 Example Scenarios
COWORKER: My co-worker and I have been on the
same shift for months now and I noticed he’s been
struggling and has alienated himself from everyone at
work. Lately he has been watching a lot of violent
content online, making strange remarks, and going to a
shooting range. He owns several guns, and I am
worried that he’s going through a crisis and needs help.
THERAPIST: A local man has threatened his wife and
neighbor as he believes they are having an affair. While the family has been aware of the threats, they have
been afraid to go to the police. Recently the wife shared this information with me, but they aren’t sure what
they can do.
TEACHER: One of my students seems to be struggling
lately. He quit all his clubs and was written up
repeatedly for posting violent content online. He told
another student he has a shotgun. I am worried that
he’s going through a crisis and needs help.
17 Process for Ex Parte (Civilian) GVROs
1.Prepare and File Petition
• Complete forms and submit to the court.
• Provide facts showing the subject poses a significant danger to self or others if they have a firearm.
2.Ex Parte Hearing
• No required notice to the respondent (person to be restrained) • A judicial officer reviews evidence and determines if the GVRO should be issued based on a preponderance of the evidence.
3. Issuance of GVRO
• If granted, the order is valid for up to 21 days.
• Law enforcement serves the order and seizes firearms from the subject.
4. Follow-Up Hearing
• A court hearing is scheduled within 21 days to allow the parties to present and challenge the evidence • A judicial officer determines if the GVRO should be extended for 1-5 years. 18 • The Oxnard Police Department represented by the Oxnard City Attorney’s Office has filed fifteen GVROs so far in 2024. Although the City Attorney’s Office has represented the Oxnard Police Department at multiple gun violence restraining order hearings, the following case is a great example of a person that poses a significant danger of causing personal injury to themselves or another by having a firearm. This case highlights why gun violence restraining orders are so important.
• According to the Countywide statistics provided to the City of Oxnard by the Ventura County District Attorney’s Office, so far in 2024, forty-two GVROs have been filed with the Ventura County Superior Court and the Ventura County Superior Court has granted twenty-three GVROs Countywide. Twelve of the twenty-three granted GVROs are from the City of Oxnard. The City of Oxnard has filed fifteen GVROs in 2024, filed fifteen GVROs in 2023, and filed fourteen GVROs in 2022.
GVROs in Oxnard
19 On April 1, 2024, while being arrested for battery, Respondent resisted arrest and Respondent stated that if the Oxnard Police Department (“OPD”) returned to his residence that he would shoot OPD Officers. Respondent actively resisted being arrested by the OPD by tensing up his body, trying to pull away from officers, squirming on the ground and pushing his foot again the wall with so much force that the Respondent put his foot completely through the wall causing a large hole in the wall. Respondent was arrested for a battery towards his mother’s boyfriend who told officers that Respondent has previously made several suicidal and aggressive statements.
The OPD transported Respondent to the hospital for a medical clearance where Respondent became aggressive, continued resisting Officers and stated that, Officers were going to work for their money and he was ready to “catch more charges.” While Officers were placing Respondent into a police unit, Respondent stated “if you guys come back to my house, I am going to shoot you.” While driving to the Ventura County main jail, Respondent made several threatening statements that if he had guns when Officers had arrived that it would have been a different outcome. Respondent stated several times that he wished he had guns when Officers had arrived. Respondent stated that when he got out of jail that he would find all of the Officers who participated in his arrest. The OPD collected Respondent’s AR15 assault rifle. The City Attorney’s Office obtained a 5-year gun violence restraining order against this individual.
GVRO Case Example
20 GVROs are Underutilized
46 21
Public awareness is critical
• 2020 Ca study indicated that 66% of population had never heard of GVRO’s or ‘red flag’ laws
Law enforcement use
• 2021 study showed only 56% of officers received GVRO training • Willingness to use GVRO’s increases when training received
Recently, Governor Newsom has signed several bills relating to gun violence, which provide additional tools that will enhance the use of GVROs.
Working to Improve GVRO Utilization
22 If you know someone who poses a
risk of violence and has access to a
firearm, you should call the police
and ask about a GVRO.
Bottom Line
23 Rikole Kelly
Deputy District Attorney
[email protected]
805-654-3904
Freddy Padilla
District Attorney Investigator
Firearms Relinquishment Unit
[email protected]
Thank you!
24 Presentation Regarding Gun Violence
Restraining Orders: A Critical Tool to
Help Reduce Gun Violence.
Andrew Gonzalez, Deputy City Attorney
City Council
October 15, 2024
25 Recommendation
That the City Council receive a presentation by the
Ventura County District Attorney’s Office, Oxnard
Police Department and the City Attorney’s Office
regarding Gun Violence Restraining Orders: A Critical
Tool to Help Reduce Gun Violence.
26 Background
There are different types of restraining orders. A Gun Violence Restraining Order (“GVRO”), sometimes referred to as a red flag law, can stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, or magazines.
Only certain people can ask for a GVRO if they think someone is dangerous and should be restricted from having or buying firearms and ammunition, including:
Law enforcement officer or agency.
The person's immediate family member, including a spouse, parent, child, grandparent, or any other person who regularly lives with them now or lived with them in the last 6 months.
The person's employer.
The person's co-worker who has regular contact with the person and has worked with them for at least a year, and has the employer’s permission to ask for this restraining order.
An employee or teacher at a school that the person has gone to in the last six months, who has permission from a school administrator or staff supervisor.
27 Background
A judge can grant a GVRO for one to five years to stop
someone from having, owning, or buying any firearms
(guns), firearm parts, ammunition, or magazines. Once an order is granted by a judge, the police can be called to enforce the order and the restrained person will have to turn in any firearms or ammunition they have.
28 Discussion
The Oxnard Police Department represented by the Oxnard City Attorney’s Office has filed fifteen GVROs so far in 2024.
Although the City Attorney’s Office has represented the Oxnard Police Department at multiple gun violence restraining order hearings, the following case is a great example of a person that poses a significant danger of causing personal injury to themselves or another by having a firearm. This case
highlights why gun violence restraining orders are so important. 29 Discussion
On April 1, 2024, while being arrested for battery, Respondent resisted arrest and Respondent stated that if the Oxnard Police Department (“OPD”) returned to his residence that he would shoot OPD Officers. Respondent actively resisted being arrested by the OPD by tensing up his body, trying to pull away from officers, squirming on the ground and pushing his foot again the wall with so much force that the Respondent put his foot completely through the wall causing a large hole in the wall. Respondent was arrested for a battery towards his mother’s boyfriend who told officers that Respondent has previously made several suicidal and aggressive statements. 30 Discussion
The OPD transported Respondent to the hospital for a medical clearance where Respondent became aggressive, continued resisting Officers and stated that, Officers were going to work for their money and he was ready to “catch more charges.” While Officers were placing Respondent into a police unit, Respondent stated “if you guys come back to my house, I am going to shoot you.” While driving to the Ventura County main jail, Respondent made several threatening statements that if he had guns when Officers had arrived that it would have been a different outcome. Respondent stated several times that he wished he had guns when Officers had arrived. Respondent stated that when he got out of jail that he would find all of the Officers who participated in his arrest. The OPD collected Respondent’s AR15 assault rifle. The City Attorney’s Office obtained a 5-year gun violence restraining order against this individual.
31 Discussion
According to the Countywide statistics provided to the City of Oxnard by the Ventura County District Attorney’s Office, so far in 2024, forty-two GVROs have been filed with the Ventura County Superior Court and the Ventura County
Superior Court has granted twenty-three GVROs
Countywide. Twelve of the twenty-three granted GVROs
are from the City of Oxnard. The City of Oxnard has filed fifteen GVROs in 2024, filed fifteen GVROs in 2023, and filed fourteen GVROs in 2022.
32 Questions?
33 CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. I.1
DATE: October 15, 2024
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Resolution Regarding Job Outsourcing at Dignity Health’s St. John’s Regional Medical Center. (30 minutes)
RECOMMENDATION
That the Community Services, Public Safety, Housing & Development Committee consider whether to place on a future City Council agenda a resolution requested by Councilmember Valenzuela in support of Nurses and Healthcare Workers with SEIU 121RN and SEIU-UHW to address the outsourcing of critical jobs at Dignity Health’s St. John’s Regional Medical Center.
(The Community Services, Public Safety, Housing & Development Committee approved 2-1 on September 24, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/UDAJHTcy57s
BACKGROUND
The guidelines and procedures set forth in the Procedures Manual adopted by the City Council (Resolution No. 15,537) include a policy intended "to provide an orderly means through which an individual Councilmember can raise an issue for discussion and possible City Council direction or action." (Procedures Manual, Ch. 3, p. 10.) Pursuant to that policy, once a Councilmember requests an item be placed on a future Council meeting agenda, the "request shall be referred to the City Council Committee most related to the subject of the request... [and i]f a majority of such committee agrees the City Council should consider the item, the City Manager will determine when to place the item on a future agenda based on time necessary to complete the research and staff workload considerations and the effect on City Council established priorities." (Id. at pp. 10-11.)
During public comments on non-agenda items at the May 21, 2024, City Council meeting, several speakers spoke about the outsourcing of Monitor Technicians at St. John’s Regional Medical Center to remote Monitor Technicians in Arizona.
Later at that meeting, Councilmember Valenzuela requested to schedule consideration of whether to place on a future Council agenda a resolution regarding the issue. The resolution proposed by Councilmember Valenzuela is attached to this report.
Regarding Council resolutions expressing support on a particular issue, the Procedures Manual notes, "The City Council has occasionally debated whether it should take positions of a broader nature or limit itself to purely municipal functions.
Historically, Oxnard City Councils have chosen to not take positions on issues outside of their immediate authority to effect. The propensity of the City Council to involve itself in such issues reflects the personalities and outlooks of the members who are elected to four-year terms." (Procedures Manual, Ch. 2, p. 7.) Should the Council determine to take a position on labor management practices of a private hospital serving the Oxnard community, official City correspondence would reflect the position, and Councilmembers who disagree with that position would be free to prepare correspondence on the issue as private citizens. (Procedures Manual, Ch. 4, p. 18.) If the Council does not take a position on this matter, a 34 Councilmember can still express their views so long as they clearly indicate that they are not speaking for the City Council as a whole. (Ibid.)
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
The Community Services, Public Safety, Housing & Development Committee approved 2-1 on September 24, 2024.
Prepared by: Stephen Fischer, City Attorney
ATTACHMENTS
1. Resolution re Dignity Health Outsourcing.09-2024
2. Consideration of Request for Future Council Agenda Item_ Council Oct
35 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD IN SUPPORT OF NURSES AND HEALTHCARE WORKERS WITH SEIU 121RN
AND SEIU-UHW TO ADDRESS THE OUTSOURCING OF CRITICAL JOBS AT DIGNITY HEALTH’S ST. JOHN’S REGIONAL MEDICAL CENTER
WHEREAS, the City of Oxnard has a population of more than two hundred thousand people, all of whom deserve access to high-quality healthcare provided by experienced and respected healthcare workers; and
WHEREAS, Latinos make up more than half of the population of the City of Oxnard, and studies show that Latinos suffer disproportionately from cardiovascular disease; and WHEREAS, Monitor Technicians at Dignity Health hospitals fill a crucial role in the hospital by monitoring the heart rates of St. John’s patients and communicating immediately to their co-workers when any change in a patient’s heart rate occurs, knowing that every second of delay in such cases could determine whether or not the patient lives or dies; and WHEREAS, Dignity Health’s parent company, Common Spirit has chosen to outsource the pivotal role of Monitor Techs to a call-center in Arizona, meaning that critical communication concerning patient vital signs is being transmitted back and forth across hundreds of miles, which could lead to life-or-death delays in care; and
WHEREAS, the safety of heart, stroke and other vulnerable patients is jeopardized by Common Spirit’s plan to remove Monitor Technicians from their essential posts at the hospital; and
WHEREAS, Common Spirit’s plan to outsource Monitor Technicians prioritizes a wrong approach to the needs of Oxnard’s vulnerable patients, and puts patients at risk of delays in care; and
WHEREAS, the outsourcing of professional jobs from our community to another state is not in the economic interest of the City of Oxnard.
///
///
///
///
///
36 NOW, THEREFORE, the City Council of the City of Oxnard resolves:
1. That we, the members of the Oxnard City Council, hereby call on Common Spirit to cease their stated plan to outsource the Monitor Techs at St. John’s Regional Medical Center to an outside facility in another state;
2. That we call on Common Spirit management to involve Nurses and other frontline Healthcare workers in decisions that directly impact patient care.
PASSED AND ADOPTED THIS ______ day of _________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
37 Resolution Regarding Job Outsourcing at
Dignity Health’s St. John’s Regional Medical
Center.
City Council
October 15, 2024
38 That the City Council consider a resolution requested by Councilmember Valenzuela in support of Nurses and Healthcare Workers with SEIU 121RN and SEIU-UHW to address the outsourcing of critical jobs at Dignity Health’s St.
John’s Regional Medical Center.
RECOMMENDATION 2
39 • During public comments on non-agenda items at the May 21, 2024, City Council meeting, several speakers spoke about the outsourcing of Monitor Technicians at St. John’s Regional Medical Center to remote Monitor Technicians in Arizona.
• Later at that meeting, Councilmember Valenzuela requested to schedule consideration of whether to place on a future Council agenda a resolution regarding the issue. • The request was referred to the catch all committee in September. The committee recommended to present the item to the City Council for consideration.
BACKGROUND 3
40 QUESTIONS
4 41
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: October 15, 2024
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the minutes of September 17, 2024, regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 09 17 2024 CC Regular Meeting
42 MINUTES
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
September 17, 2024
A. ROLL CALL, POSTING OF AGENDA
At 4:30 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California.
The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabri el (Gabe) Teran, Arthur Valenzuela, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Valenzuela joined the meeting at 5:35 p.m.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Molina v. Nguyen, et al.
Court of Appeal, Second Appellate District, Division Six Case No. B327286 (Superior Court Case No. 56-2020-00541689-CU-PT-VTA)
Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in two potential cases.
Legislative Body: City Council
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.
Legislative Body: City Council
City Attorney Fischer read the following closed session statement:
43 SEPTEMBER 17, 2024 OXNARD CITY COUNCIL PAGE 2
"The City Council will re cess to a closed session , pursuant to Government Code section 54956.9(d)(2). Based on existing facts and circumstances, there is significant exposure to litigation against the City in two potential cases.
The first potential case against the City involves a demand to release funds withheld by the City on the Community Park East restroom remodel project pursuant to stop payment notices filed by FAMCOM, a material supplier subcontractor that provided plumbing fixtures for the project.
The second potential case against the City is related to a remediation order from the Los Angeles Regional Water Quality Control Board to the City regarding a release of chemicals at property located at 1060 Pacific Avenue.
The City Council will also recess to a closed session pursuant to Government Code section 54956.9(d)(4), based on existing facts and circumstances, to decide whether to initiate lit igation in one potential case.
Item C.1 regarding existing litigation has been pulled from the closed session agenda."
At 4:3 2 p.m., the City Council recessed to a closed session. At 5:06 p.m., the City Council reconvened in open session in the Council Chambers . The City At torney made the following announcement:
"The City Council by a unanimous vote [6 -0, with Councilmember Valenzuela absent] has directed the City Attorney to initiate an action. The action, the defendants, and the other particulars shall, once unsealed, be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement n egotiations to its advantage."
D. APPOINTMENT ITEMS (5:00 PM)
1. Public Works Department
SUBJECT: Water Workshop.
RECOMMENDATION: That the City Council hold a Water Workshop.
(Public Works and Transportation Committee approved 3-0 on July 23, 2024.)
Michael Wolfe, Public Works Director presented to Council and introduced representatives from the local water agencies who provided live present ations. Arne Anselm, Agency Interim Executive Officer presented for Fox Canyon Groundwater Management Agency . Kristine McCaffrey, General Manager and Ian Prichard, Deputy General Manager presented for Calleguas Municipal Water District. John Lindquist, Water Resources Supervisor presented for United Water Conservation District. The rep orts were received and filed; no formal action was required.
Public comments were received from Steve Nash, Lynn Maulhardt, Larry Stein, Steve Huber, and Barbara Macri-Ortiz. Written comments were received from Steven Nash. 44 SEPTEMBER 17, 2024 OXNARD CITY COUNCIL PAGE 3
E. OPENING CEREMONIES (7:00 PM)
Mayor Zaragoza led the pledge of allegiance.
F. CEREMONIAL ITEMS
1. Presentation of a Proclamation Designating the Week of September 17 - 23, 2024 as "Constitution Week."
Mayor Zaragoza read the proclamation and presented it to Stephen M. Fischer, City Attorney for the City of Oxnard, who made some remarks.
2. Presentation of a Commendation to the El Rio Fastpitch 12u Gold Allstar Team for Winning the USA Softball State and National Championship.
Mayor Zaragoza read the proclamation and presented it to Ramon Tinoco, Vanessa Garcia Ramos, Dante Jackson, and Carlos Acosta, the team ’s coaches and members of the E l Rio Fastpitch, Inc., 12u Gold All-Star team . The team was recognized for their incredible achievements. The coaches and team members accepted the proclamation and followed with a few words.
3. Presentation of a Commendation to The Arc of Ventura County on the Occasion of Their 70th Anniversary.
Mayor Zaragoza read the proclamation and presented it to Esther Anaya, Executive Director of the Arc of Ventura County, who made some remarks.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Ronald Arruejo (stipend for Planning Commissioners), Steve Nash (United Water Conservation District candidate), Danny A ikon (United Water Conservation District candidate), Rachel Jones (United Water Conservation District candidate) , Steve Huber (amend city code) , Pat Brown (housing for homeless) , Lynn Maulhardt (United Water Conservation District candidate), and Melissa Munoz (air pollution event).
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen did not have any community updates to report.
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING
AUTHORITY BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities. 45 SEPTEMBER 17, 2024 OXNARD CITY COUNCIL PAGE 4
J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L-6 were reviewed and discussed among the Council and staff.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the July 16, 2024 and July 30, 2024 regular meetings as presented.
2. Public Works Department
SUBJECT: First Amendment for Agreement 32400250 with NBS Government Finance Group for Special District Administrative, Professional, and Technical Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the First Amendment to an Agreement with NBS Government Finance Group in the amount of $387,718 for a new not to exceed contract amount of $1,462,952 for ongoing administrative, professional, and technical services for the Special Districts Division.
(This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)
3. Police Department
SUBJECT: Southern California High Tech Task Force (SCHTTF) Agreement # 32500147 to provide professional services to the Police Department.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a two-year service agreement (agreement #32500147) with the County of Ventura and the Ventura County Sheriff’s Office for services with the Southern California High Technology Task Force (SCHTTF) in an amount not to exceed $250,000.
4. City Manager Department
SUBJECT: Readopt Resolution No. 15,826 to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in the Channel Islands Harbor.
RECOMMENDATION: That the City Council:
1. Readopt Resolution
No. 15,826 of the City Council of the City of Oxnard
Authorizing the City of Oxnard to enter into an Agreement (4600015993) with the State 46 SEPTEMBER 17, 2024 OXNARD CITY COUNCIL PAGE 5
of California Department of Water Resources to receive funds for the Channel Islands Water Quality Remediation Projects and Authorizing the City Manager to Execute the Agreement on behalf of the City;
2. Accept a grant from the California State Department of Water Resources (DWR) in the amount of $500,000 for the Channel Islands Harbor water quality remediation; and
3. Reauthorize the City Manager to execute the grant agreement and the Finance Director or designee to submit the financial reports, grant claims, and approve the budget appropriations for the use of the grant funds; and the Director of Public Works or designee to submit the non-financial reports.
5. Housing Department
SUBJECT: Amendment and Extension of the Agreement with the County of Ventura and local hotel operators in support of the Encampment Resolution Funding Program.
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a First Amendment to Agreement No. 32400434 with the County of Ventura for partnership in delivery of encampment response outreach and case management services via the Ventura County Health Care Agency in the amount of $145,000 for a total agreement amount not to exceed $1,308,614.34, and to extend the term of the agreement to April 30, 2025;
2. Authorize the City Manager, or designee, to negotiate and execute agreements with local hotel operators through February 28, 2025 to offer non-congregate shelter.
(This item did not originate in Committee because it is a continuation of an item previously approved by City Council.)
6. Finance Department
SUBJECT: City's Monthly Investment Report for the period ending July 31, 2024.
RECOMMENDATION: This is an information item for the City Council to receive and file.
This item did not originate in Committee.
Consent Items L.1, L.2, L.4, & L.6
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal , to approve the Inform ation/Consent items as presented . VOTE: Basua, MacD onald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
Consent Items L.3 & L.5
It was moved by Mayor Pro Tem MacDonal d, seconded by Councilmember Madrigal , to approve the Information/Consent items as p resented. VOTE: Basua, MacD onald, Madrigal, Perello, Valenzuela, and Zaragoza voted in favor; motion carried 6-0-1. Councilmember Teran recused due to his business contract with the County of Ventura. 47 SEPTEMBER 17, 2024 OXNARD CITY COUNCIL PAGE 6
M. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: Request for a Zone Change to adopt the proposed Affordable Housing Discretionary (AHD) Additive Zone for the project site; and Appeal of Planning and Zoning Permit No. 22-500-04 (Special Use Permit); Property Located at 2151 Lockwood Street, APN 213-0-090-275; Project Name: Lockwood III Apartments.
RECOMMENDATION: That the City Council conduct a public hearing and:
1. Adopt Resolution No. 15,827, adopting Final Initial Study/Mitigated Negative Declaration (Final IS/MND) No. 24-01 for the 2151 Lockwood Street; Lockwood III Apartments Project (Governor's Office of Planning and Research State Clearinghouse No. 2024030528);
2. Introduce Ordinance No. 3050 (by title only, waiving further reading) approving Planning and Zoning Permit No. 22-570-01 (Zone Change), subject to certain findings and conditions; and
3. Adopt Resolution No. 15,828 denying the appeal and upholding the Planning Commission’s decision to grant Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and Planning and Zoning Permit No. 22-535-03 (Density Bonus), subject to certain findings and conditions.
(This is a Public Hearing and was reviewed by the Planning Commission, therefore this item did not originate in Committee.)
The City Clerk announced the affidavit of publication and stated that no written communications were received. However, a written comment letter was submitted by Marjan R. Abubo, Lozeau Drury, LLP which was not received due to an IT issue. The writ ten comment letter was then resubmitted. Once, the written comment letter was received by the City Clerk, it was forwarded to Council.
Councilmembers reported the ex parte communications received on this item.
Joe Pearson II, AICP, Planning and Environm ental Services Manager and Michael E. Houlihan, AICP, Principal, were available to answer questions.
Mayor Zaragoza opened the public testimony portion of the public heari ng. Public comments were received from Larry Stein. M arjan R. Abubo, Lozeau Dru ry, LLP; spoke on behalf of the appellant. Tom Cohen, Cohen Land Use Law, spoke on behalf of the applicant.
With no further requests to speak and without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem MacDonald, s econded by Councilmember Basua, to approve the recommended action as recommended by staff . VOTE:
Basua, MacD onald, Madrigal,
Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0. 48 SEPTEMBER 17, 2024 OXNARD CITY COUNCIL PAGE 7
N. REPORTS
1. Finance Department
SUBJECT: Fifth Amendment to Tyler Technologies Software as an ERP Service Agreement (A-8767), Extending the Contract for Five-Year Term, Expiring October 31, 2029.
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Fifth Amendment with Tyler Technologies, Inc. for an Enterprise Resource Planning (ERP) Software as a Service (SaaS) Agreement for a First Renewal for a Five- Year Term for an Amount Not to Exceed $5,800,000 for a New Ten-Year Contract Total of $11,500,000.
Javier Chagoyen -Lazaro, Chief Financial Officer and Mark Sewell, Assistant Ch ief Financial Officer were available to answer questions. Public comments were received from Larry Stein.
It was moved by Mayor Pro Tem MacDonald, seconde d by Councilmember Perello, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.
O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:02 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
49 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: October 15, 2024
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]
SUBJECT: Restatement of City and Successor Agency Capital Assets.
RECOMMENDATION
That the City Council receives and files a report on the Restatement of City and Oxnard Community Development Commission Successor Agency (Successor Agency) Capital Assets.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fWoc_5zo__8
BACKGROUND
The Successor Agency has reached an important milestone in the winding down of the affairs of the City’s former redevelopment agency, the Oxnard Community Development Commission. With corrective capital asset actions to be reported in the City’s 2024 Annual Comprehensive Financial Report (ACFR), the Successor Agency completes the disposition of its capital assets portfolio and remains on track to sunset upon the scheduled amortization of its remaining bond and development payment obligations.
In 2023, the Successor Agency completed the disposition of its legally titled real property as authorized in the Successor Agency’s Long Range Property Management Plan (LRPMP) and as approved by the State Department of Finance and the Ventura County Consolidated Oversight Board (VCCOB).
However, after recording the final disposition of legally titled Successor Agency capital assets, analysis of the remaining capital asset and project accounting records determined that a list of forty-nine (49) records representing $28 million in capitalization accounting entries have been reported in the Successor Agency’s annual financial statements, the ACFR, since the 2012 redevelopment agency dissolution.
Specifically, the former redevelopment agency’s pre-dissolution contributions to improvements to City property were not filtered from the Successor Agency general ledger accounts at the time of the 2012 dissolution and the Successor Agency’s corresponding split from the City’s financial reporting entity. These improvements to City property were incorrectly reported as Successor Agency capital assets instead of City capital assets. As a result, the Successor Agency's capital asset records have been overstated, and the City’s capital assets have been understated since 2012.
In late 2023 and into 2024, City staff members analyzed and used their best efforts to research and validate the sources of the listed Successor Agency capital asset records to confirm the proper correcting accounting treatment. City staff identified and examined general ledger project activity reports for each identified capital asset record. The project activity report provides insights into the original funding sources, including a detailed breakdown of all transactions associated with a project, encompassing invoice payments to vendors, labor costs, and other expenditures.
City staff research concluded that of the forty-nine (49) remaining Successor Agency asset records, twenty-seven (27) records with a current book value of $17.8 million represented pre-dissolution redevelopment agency expenditures that 50 were contributions/improvements to City property. These improvements include Cypress Park improvements, Saviers Road improvements, and Southwinds basketball courts. These assets will be reclassified as City assets in the 2024 ACFR by a correction and restatement of the City’s Beginning Net Position.
An additional twenty-two (22) remaining Successor Agency asset records, with a book value of $10.8 million, lacked clear documentation from the available project budget and activity reports. The source project expenditures occurred several decades before the 2012 redevelopment dissolution, and conclusive information about some project expenditures is no longer readily available. While these pre-dissolution redevelopment agency expenditures were possibly or even probably contributions to City infrastructure, the 2024 correcting accounting entries err on the side of caution. These assets will be removed from the Successor Agency accounts but will not be reclassified as City assets because of inconclusive information.
With these restatements, the 2024 ACFR will resolve and clear misclassified capital assets from the Successor Agency financial records. The restatements have no monetary compensation since the redevelopment agency expenditures were appropriated as contributions/improvements to City property in the original year of expenditure.
The proposed accounting corrections are administrative in nature and are not subject to approval by the VCCOB since they correct accounting entries that originated prior to the 2012 redevelopment agency dissolution. While the VCCOB holds authority over the post-dissolution disposition of Successor Agency property, the Successor Agency does not hold title to any remaining property for the VCCOB to approve. The proposed correction instead brings internal erroneous accounting records into sync with the VCCOB’s approved LRPMP.
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
The 2024 ACFR will update and correct the beginning net positions of the City and Successor Agency by removing $28 million in misclassified capital assets from the Successor Agency and by adding $17.8 million of these assets to the City capital asset balance. This action will bring the Successor Agency’s internal general ledger financial records and published external financial statements into sync with the State and VCCOB-approved LRPMP. By clearing these misclassified capital assets from its financial reports, the Successor Agency completes another milestone in the State mandate to wind down the affairs of the former redevelopment agency.
COMMITTEE OUTCOME
The Finance and Governance Committee approved the staff recommendation 3-0 on July 23, 2024, and forwarded the item for Council approval.
Prepared by: Adam Smith, Project Manager, Beth Vo, Assistant Chief Financial Officer
ATTACHMENTS
1. Attachment 1 - Successor Agency Capital Record Corrections
2. Attachment 2 - 2023-24 Draft ACFR Footnote Disclosure - Prior Period Adjustment - Capital Assets
3. Presentation
51 Item Project #Description Subclass Date Gross Book Value LTD Accum Depr Current Book Value Item Project # Description Subclass Date Gross Book Value LTD Accum Depr Current Book Value 1 018201 DOWNTOWN LIGHTING PROJECT IOB 01/30/03 4,372.67 2,239.28 2,133.39 1 SOUTHWINDS STREET LIGHTNING IOB 01/30/03 1,376.82 705.09 671.73 2 038201 PARKING STRUCTURE B STREET IOB 01/30/03 429,000.00 219,694.34 209,305.66 2 015704 PLAZA PARK IMPROVEMENTS IOB 01/30/03 11,745.30 6,014.85 5,730.45 3 038202 DOWNTOWN THEATER PROJECT IOB 01/30/03 1,995,373.14 1,021,846.58 973,526.56 3 008601 HERO HOUSING REHABILITATION IOB 01/30/03 61,610.06 31,551.00 30,059.06 4 008401 ENTRYWAY AND MEDIAN IMPROVEMEN IOB 01/30/06 21,090.85 9,218.92 11,871.93 4 958602 SW ‐HOUSING FND OWNERSHIP PROGR IOB 01/30/03 80,000.00 40,968.65 39,031.35 5 038401 SOUTHWIND BASKETBALL COURT (FA IOB 01/30/07 14,585.33 6,010.68 8,574.65 5 918601 REDEV/MOBILEHOME REPL PROGRAM IOB 01/30/03 122,399.49 62,681.75 59,717.74 6 098702 CYPRESS PARK IMPROVEMENT IOB 01/30/10 4,233,752.00 1,427,210.06 2,806,541.94 6 018602 SOUTHWINDS REHAB IOB 01/30/03 150,663.28 77,155.88 73,507.40 7 048204 CENTRAL BUS DIST STREETSCAPE IOB 01/30/11 4,136,817.99 1,291,110.70 2,845,707.29 7 ORMOND BEACH ‐ IMPROVEMENT IOB 01/30/04 27,129.00 13,214.73 13,914.27 8 958201 SIGN/IMAGE REHAB PROJ #958201 IOB 01/30/12 94,622.56 27,166.31 67,456.25 8 Res. 14,281 (p. 14) SOUTHWIND PROJECT ‐ IMPROVEMEN IOB 01/30/04 53,761.00 26,187.36 27,573.64 9 063111 HERO ROSE PARK RESURF #063111 IOB 01/30/12 1,153,248.62 331,099.86 822,148.76 9 HERO PROJECT ‐ IMPROVEMENT IOB 01/30/04 65,103.00 31,712.12 33,390.88 10 113105 CYPRESS GARDENS RESURFACE IOB 01/30/14 127,111.96 30,138.37 96,973.59 10 HOUSING SET ASIDE ‐ IMPROVEMEN IOB 01/30/04 275,942.00 134,413.30 141,528.70 11 048202 SW SECURITY LIGHT/FENCING IOB 01/30/17 353,823.53 114,721.14 239,102.39 11 CCRP ‐ IMPROVEMENTS IOB 01/30/04 985,035.00 479,817.52 505,217.48 12 088701 HERO BUS. FACADE IMPRVEMT IOB 01/30/17 354,288.38 51,048.50 303,239.88 12 015704 PLAZA PARK IMPROVEMENTS IOB 01/30/07 12,000.00 4,945.26 7,054.74 13 028301 DOWNTOWN FACADE IMPROVEMT IOB 01/30/17 457,587.02 65,932.52 391,654.50 13 068602 SOUTHWINDS BUILDING RENOVATION IOB 01/30/10 33,853.80 11,412.22 22,441.58 14 018702 SAVIERS RD. MEDIAN LANDSC IOB 06/30/18 295,372.00 36,820.30 258,551.70 14 958406 LANDSCAPE GRAFFITI ABATEMENT IOB 01/30/10 63,379.48 21,365.42 42,014.06 15 015401 SO OXNARD LIBRARY 2000 #015401 BLD 01/30/12 97,202.93 24,806.56 72,396.37 15 PARK EXPANSION/IMPROVEMENT IOB 01/30/11 31,304.82 9,770.33 21,534.49 16 2000 Dodge Grand Caravan SE Ch VEH 01/01/00 22,685.00 22,685.00 ‐ 16 Res. 14,281 (p. 16‐25) FACADE IMPROVEMENT PROGRAM IOB 01/30/11 79,251.65 24,734.64 54,517.01 17 018702 SAVIERS RD MEDIAN LANDSCAPE R&S 01/30/03 44,431.20 22,753.56 21,677.64 17 PARKING LOT RESURFACE IOB 01/30/11 469,008.91 146,378.82 322,630.09 18 008501 ORMOND BEACH MEDIAN IMPROVEMEN R&S 01/30/03 89,802.00 45,988.33 43,813.67 18 CAPITALIZED INTEREST FAS7584 IOB 01/30/16 1,174,211.25 219,695.18 954,516.07 19 028601 PERKINS ROAD RESURFING R&S 01/30/03 90,130.92 61,544.65 28,586.27 19 305 & 350 S. OXNARD BLVD. BLD 01/01/57 119,000.00 119,000.00 ‐ 20 008501 ORMOND BEACH MEDIAN IMPROVEMEN R&S 01/30/06 207,397.21 90,654.45 116,742.76 20 VARIOUS RDA BUILDING PROJECTS BLD 01/30/93 689,433.00 467,046.11 222,386.89 21 938401 COURTLAND STREET R&S 01/30/10 438,195.36 147,716.94 290,478.42 21 Computer 8570, Printer 4216 & IT 01/01/90 11,328.00 11,328.00 ‐ 22 098703 SO OXNARD MEDIAN PHASE 2 R&S 01/30/11 677,534.24 211,460.06 466,074.18 22 VARIOUS RDA INFRASTRUCTURE (CA R&S 01/30/99 21,317,280.73 13,048,582.27 8,268,698.46 23 093111 SAVIERS RD IMPROVEMENT R&S 01/30/12 3,627,007.93 1,041,320.78 2,585,687.15 25,834,816.59 14,988,680.50 10,846,136.09 24 018201 DOWNTOWN LIGHTING PROJECT R&S 01/30/15 651,105.53 220,971.13 430,134.40 25 873114 HWY 101‐RICE INTERCHANGE R&S 01/30/15 1,028,356.23 218,114.97 810,241.26 26 078401 SOUTHWIND STREET PROJECTS R&S 01/30/15 3,001,870.53 636,698.53 2,365,172.00 27 078501 ORMOND BEACH STREET PROJECTS R&S 01/30/17 1,934,077.09 418,030.73 1,516,046.36 25,580,842.22 7,797,003.25 17,783,838.97
BLD Buildings and Facilities
IOB Improvements other than Buildings
IT Computer hardware
R&S Roadways and Streets
VEH Vehicles
Restatement Write‐Off
Subclass Legend
ATTACHMENT 1
52 ATTACHMENT 2
City of Oxnard
2024 ACFR Footnote Disclosure
Restatement of Beginning Balance (Capital Assets)
The beginning net posi ons for the City’s governmental ac vi es on the Government-wide Statement of Net Posi on and the Oxnard Community Development Commission Successor Agency (Successor Agency) Private Purpose Fiduciary Fund have been restated to correct the value of capital assets. Successor Agency capital assets, as of June 30, 2023, have been reduced by $28,629,975.06 to remove assets disposed of or capitalized in prior years. The Successor Agency has completed the implementa on of its Long-Range Property Management Plan (LRPMP) as approved by the Ventura County Consolidated Oversight Board and the State of California Department of Finance. All Successor Agency property has been disposed of. This restatement of capital assets corrects and aligns the Successor Agency’s financial repor ng records with the LRPMP by removing out-of-date capital asset records. A por on of the Successor Agency's corrected capital asset value has been iden fied as pre-2012 redevelopment dissolu on improvements to City infrastructure. Accordingly, $17,783,838.97 of this Successor Agency correc on has been added to the governmental ac vi es capital assets on the City’s Government-wide Statement of Net Posi on.
53 Restatement of City and Successor
Agency Capital Assets
Finance & Governance Committee, September 24, 2024
Adam Smith, Project Manager
City Manager’s Office
That the Finance and Governance Committee
recommends that the City Council receives and files a
report on the Restatement of City and Oxnard
Community Development Commission Successor
Agency (Successor Agency) Capital Assets
RECOMMENDATION 2
54 • The Successor Agency has reached an important
milestone in the winding down of the affairs of the City’s former redevelopment agency, the Oxnard Community
Development Commission
• In 2023, the Successor Agency completed the disposition of its legally titled real property as authorized in the Successor Agency’s Long Range Property Management
Plan (LRPMP) and as approved by the State Department
of Finance and the Ventura County Consolidated
Oversight Board (VCCOB)
BACKGROUND 3
• Analysis of the Finance Department’s remaining capital asset accounting records determined that a list of forty-nine (49) records representing $28 million in capitalization accounting entries have been reported in the Successor Agency’s annual financial statements• The former redevelopment agency’s pre-dissolution contributions to improvements to City property were not filtered from the Successor Agency general ledger accounts at the time of the 2012 dissolution• These improvements to City property were incorrectly reported as Successor Agency capital assets instead of City capital assets. As a result, the Successor Agency's capital asset records have been overstated, and the City’s capital assets have been understated since 2012 BACKGROUND 4
55 • In late 2023 and into 2024, City staff members analyzed and used their best efforts to research and validate the sources of the listed Successor Agency capital asset
records to confirm the proper correcting accounting
treatment
• City staff identified and examined general ledger project activity reports for each identified capital asset record BACKGROUND 5
• City staff research concluded that of the forty-nine (49) remaining Successor Agency asset records, twenty-seven
(27) records with a current book value of $17.8 million represented pre-dissolution redevelopment agency
expenditures that were contributions/improvements to
City property
• These assets will be reclassified as City assets in the 2024 Annual Comprehensive Financial Report (ACFR) by
a correction and restatement of the City’s Beginning Net Position
BACKGROUND 6
56 • An additional twenty-two (22) remaining Successor Agency asset records, with a book value of $10.8 million, lacked clear documentation • Expenditures occurred several decades before the 2012 redevelopment dissolution • These expenditures were possibly or even probably contributions to City infrastructure, the 2024 correcting accounting entries err on the side of caution• These assets will be removed from the Successor Agency accounts but will not be reclassified as City assets because of inconclusive information BACKGROUND 7
• The 2024 ACFR will resolve and clear misclassified capital assets from the Successor Agency financial records • The restatements have no monetary compensation since the Redevelopment Agency expenditures were appropriated as contributions/improvements to City property in the original year of expenditure• The proposed accounting corrections are administrative in nature and are not subject to approval by the VCCOB since they correct accounting entries that originated prior to the 2012 redevelopment agency dissolution BACKGROUND 8
57 • The 2024 ACFR will update and correct the beginning net positions of the City and Successor Agency by
removing $28 million in misclassified capital assets
• $17.8 million of these assets will be added to the City capital asset balance
• Successor Agency’s internal general ledger financial
records and published external financial statements will now be in sync with the State and VCCOB-approved
LRPMP
FINANCIAL IMPACT 9
That the Finance and Governance Committee
recommends that the City Council receives and files a
report on the Restatement of City and Successor
Agency Capital Assets
RECOMMENDATION 10
58 THE END
11 59
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: October 15, 2024
TO: Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Spectrum Pacific West, LLC Cable Services Agreement for Public Housing Sites.
RECOMMENDATION
That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize execution of a five-year agreement with Spectrum Pacific West, LLC dba Charter Communications, Inc. for the provision of basic cable services to 522 Public Housing units in an aggregate amount of $330,796.48 plus applicable taxes and fees.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on September 24, 2024.)
BACKGROUND
The Housing Authority of the City of Oxnard has provided basic cable service to residents in the Public Housing program through various franchise service providers since the initial introduction of cable television services in 1982. Cable service is passed on to the tenants as an added utility expense to the unit rent. Spectrum Pacific West, LLC has provided the cable services since January 15, 2019. The existing agreement expired on May 30, 2024 but Spectrum has continued to provide services on a month-to-month basis.
DISCUSSION
On June 6, 2024, the Housing Authority of the City of Oxnard solicited bids for basic cable services. Two bids were received and evaluated. Spectrum submitted the most competitive proposal for a monthly service fee of $9.75 per unit. In addition, Spectrum offers a one-time “door fee” of $50.00 per unit credit back to the Housing Authority of the City of Oxnard for a potential total of $26,100.
Staff proposes an agreement with Spectrum for a sixty-month term at a total contract amount of $330,796.48 subject to an annual increase of up to four percent per year. The proposed cable service is passed on to the tenants as an added utility expense to the unit rent.
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.
FINANCIAL IMPACT
There is no impact to any City fund. The Housing Authority of the City of Oxnard passes the expense to each tenant.
Thus, there is no budget impact.
COMMITTEE OUTCOME
60 The Community Services, Public Safety, Housing & Development Committee approved 3-0 on September 24, 2024.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Spectrum Bulk Renewal Agreement - TV - Oxnard Housing Authority
61 Charter Communications Confidential © 2024 Charter Communications Inc. All rights reserved. 1
COMMUNICATIONS NETWORK AND SERVICE AGREEMENT
(Bulk)
The pages that precede the signature blocks below are referred to as the “ Property-Specific Terms”. The Property -Specific Terms together with the Attachments listed below constitute the Communications Network and Service Agreement (“Agreement”), which is entered into by the following customer (“ Owner”) and service provider (“Operator”) on the “ Effective Date” set forth under Operat or’s signature below. Each of Owner and Operator may be referred to in the Agreement as a “party”, and, together, as the “ parties”. Capitalized terms used in these Property -Specific Terms without definition will have the meanings assigned to them in the applicable Attachment.
Owner Name and Billing/Legal Notice Addresses: Operator Name and Legal Notice Addresses:
Oxnard Housing Authority Spectrum Pacific West, LLC
Billing Office and Notice Address:
435 S. D Street
Oxnard, CA 93030
All Notices Sent to Office at:
12405 Powerscourt Drive
St. Louis, MO 63131
Attn: Legal Department – Operations
All Notices Also Sent to Office at:
6399 South Fiddler’s Green Circle, Sixth Floor
Greenwood Village, CO 80111
Attn: Legal Department – MDU
All Notices Also Sent to:
Property Information: Owner’s Property Management Company Information (if applicable):
Property Address:
OXNARD HOUSING AUTHORITY
435 South D Street
OXNARD, CA 93030
Corporate Office Address:
435 S. D Street
Oxnard, CA 93030
Property Type: Sr Properties (Ind Living)
Number of Units: 522
On-Site Contact Name: Rhonda Hodge Contact Name: Susana Lemos On-Site Telephone: 805-385-7889 Contact Telephone: 805-385-8084 On-Site Email: [email protected] Contact Email: [email protected]
Owner owns (or is building), or, in the case of an owner’s association, is the authorized representative for the multi -unit property referred to above (including the underlying land and all improvements thereon, the “Property”). Owner and Operator desire that Operator install (as necessary) and operate the System to make the Services available to Users in accordance with the terms of the Agreement. Owner and Operator agree as follows :
1. Term. The Agreement commences on the Effective Date and may be termi nated by either party at any time after the end of the Service Commitment Period by providing a Termination Notice (defined hereafter) (the “Term”).
2. Service Commitment Period. The “Service Commitment Period” is 60 months and commences on the later of the following two dates: (a) the date that System installation or upgrading is complete (or the Effective Date if Operator currently serves the Property and no System modifica tions are required); or (b) if Owner is purchasing any Bulk Service under the Agreement, the date that Operator first begins billing Owner the full (undiscounted) Bulk Service Fee to all Units.
3. Termination Notice. In addition to any early termination rights contained elsewhere in the Agreement, either party may terminate the Agreement after the end of the Service Commitment Period by providing the other with a termination notice (the “Termination Notice”). The Termination Notice must provide at least 90 days advance notice of termination.
4. Service Activation Date and Commencement of Billing. Operator will begin providing and billing for Services (to Users for individually-billed Services and/or to Owner for Services provided on a bulk-billed basis) on the Service Activation Date. The “Service Activation Date” is:
● no later than 120 days after the Effective Date.
62 2
5. Special Terms. The following special terms supplement and/or supersede, as the case may be and as the context requires, any contrary terms i n the Attachments.
5.1 Door Fee (One-Time) Payment. $50.00 per Unit, for a potential total of $26,100.00.
5.2 Owner Remittance Address. Operator shall send all payments to Owner to the following address: 435 S. D Street, Oxnard, CA 93030
5.3 Bulk Service Fee. The “Bulk Service Fee” is $9.75 per Unit x 522 Units = $5,089.50 per month (plus applicable taxes and fees) for the Services provided on a bulk-billed basis as described below. Operator may increase the Bulk Service Fee by 4% each year beginning the later of the (a) January following the start of the Service Commitment Period, unless the Service Commitment Period starts on the Effective Date and the Effective Date occurs in October, November, or December, in which case Operator shall not increase the Bulk Service Fee until January of the following calendar year or (b) January, 2025 as further specified in the applicable Bulk Service Attachment(s).
5.4 Bulk Video Service. Owner is purchasing from Operator on a bulk -billed basis (a) the Service currently known as Spectrum TV® Select ; and (b) the CPE, if any, listed in th e Section below, if any (collectively, the “ Bulk Video Service”), including the following common areas: Plaza Vista Lobby, Palm Vista Community Room, Conference Room #1, Conference Room #2, and Conference Room #3 . The Bulk Video Service will be provided t o the appropriately installed CPE provided by Operator. Upgrades to the Bulk Video Service, if available, will be provided per Ope rator’s then-current terms and conditions. Concurrently with signing the Agreement, Owner shall provide Operator with a complete list of addresses of all Units to receive the Bulk Video Service. The channel line-up for the Bulk Video Service is available at https://www.spectrum.com/bulk-channel-lineup or the applicable successor URL.
5.5 Bulk Video Service CPE. The Bulk Service Fee includes the following Bulk Video Service CPE (if any is necessary to receive Bulk Video Services):
User Responsible
● One (1) Xumo Stream Box(es) or digital set -top box(es) at User’s request per Unit. User is required to self -install this CPE and is responsible for returning the CPE to Operator. Users may request CPE upgrades and/or professional CPE installation directly from Operator, a nd, if available, will be provided per Operator’s then-current terms and conditions.
6. Attachments. The following Attachments are incorporated into and made a part of the Agreement by this reference.
System Installation and Services Attachment
Internal Wiring (Owner Install or Upgrade) Attachment
Non-Exclusive Marketing Rights Attachment
Door Fee (One-Time) Payment Attachment
Bulk Video Attachment
Form of Memorandum of Agreement Attachment
7. Signatures; Authority. The individuals signing below represent to Owner and Operator that they are duly authorized to execute and deliver the Agr eement on behalf of the entity for which they have signed. Electronic signatures or exact co pies (such as facsimiles) of original signatures will have the same force and effect as original signatures.
OWNER OPERATOR
Oxnard Housing Authority Spectrum Pacific West, LLC
By: Charter Communications, Inc., its Manager
Signature Signature
James Farbelow
Printed Name Printed Name
VP, Spectrum Community Solutions
Title Title
Effective Date:
63 3
MEMORANDUM OF AGREEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Charter Communications
Attn: SCS Operations
Address: 550 N. Continental Blvd., Ste. 250
El Segundo, CA 90245
Above space for recorder’s use only
This Memorandum of Agreement (“ MOA”) is entered into by “ Owner” and “ Operator” set forth in the signature blocks below, effective as of the “Effective Date” Operator signs this MOA below.
1. Agreement and Property. Owner and Operator have entered into a Communications Network and Services Agreement (the “Agreement”) dated as of the Effective Date relating to the property described in Property Address and Legal Description attached to this MOA (including all improvements now or hereafter located thereon) (the “Property”). Because any acquiror of the Property is obligated to assume the Agreement, such acquiror should request a copy of the Agreement from Owner for its review.
2. Grant of Access; Recording. In consideration of the covenants and agreements in the Agreement and as such may be amended between Owner and Operator from time to ti me, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner and Operator, Owner grants and conveys to Operator and its Authorized Representatives (as defined in the Agreement) a nonexclusive easement acro ss, under, over, within and through the Property and Pathways, as necessary for Operator to perform its obligations under the Agreement, including the right, on an exclusive or nonexclusive basis as set forth in the Agreement, to (a) install, operate, use, maintain, repair, upgrade, replace and remove the System (defined hereafter) as permitted by the Agreement; and (b) to offer, provide and market any services that Operator can provide to the Property (“Services”) as permitted by the Agreement. “System” means conduit, wiring (such as fiber, coaxial cable, category of performance wiring, copper, etc.), hardware (such as wireless access points, gateways, switches, routers, amplifiers, etc.), software, facilities (such as building entrance facilities, vaults, above-ground enclosures, pedestals, lockboxes, etc.) equipment, rooftop antennas, and all other network infrastructure installed, upgraded and/or used by Operator at the Property to provide the Services. “Pathways” means all conduits, poles, moldings, risers, raceways, shafts, rooftops and similar pathways and areas at the Property where the System is or will be installed. Operator may record this MOA in the public records at any time.
3. Term; System Removal. The easement granted in this MOA touches and concerns the Property, runs with the land and title to the Property, and is binding on Operator, Owner, all subsequent acquirors of the Property, others who may claim any interest in the Property, and all of the foregoing parties’ successors and assigns. T he easement granted in this MOA, unless terminated earlier as permitted by the Agreement, automatically terminates on the date that is six months after Operator has ceased usin g the System to provide any Services at the Property (the “ Term”). Notwithstanding the foregoing, after the Term, Operator will have an additional 60-day period to access the Property to remove or dispose of the System as permitted by the Agreement.
4. Other Terms. If Owner is an Association (as defined in the Agreement) or cooperative and only has the authority to provide Operator with access to the common areas of the Property, then the easement granted in this MOA automatically will be limited to the common areas. If any unit owner or occupant does not provide Operator with access t o their unit to install, maintain and operate the System, Operator will have no obligation to perform any of its obligations under the Agreement with respect to that 64 4
unit (including providing Services). Owner may grant other rights of access to the Proper ty only if they do not interfere with the easement granted to Operator or Operator’s use of the System. Operator will have 24x7 access to the System to address emergency conditions. Operator will conduct all routine work at the Property during normal and reasonable working hours established by Owner for the Property. Notwithstanding termination of the Agreement or any contrary provision in the Agreement, if Laws (as defined in the Agreement) require Owner to provide Operator with access to the Property f or the provision of any Service, then (a) Operator will continue to own and be permitted to access and use any System components to provide Services to the Property; and (b) any System ownership and removal rights will apply once Laws no longer provide for Operator’s access to the Property. Nothing in this paragraph will operate as, or be construed to be, a waiver of any rights that Operator may have under any Laws or the Agreement, and all rights are reserved by Operator. Owner shall not (a) enter into a ny bulk-billed, bulk- provision (regardless of whether for a fee), bulk or volume discount, or any other similar arrangement with any other provide r at the Property for services similar to the Services; or (b) sell, resell, or distribute the Services to any third party (including Property occupants) except as specifically permitted by the Agreement.
Oxnard Housing Authority Spectrum Pacific West, LLC
By: Charter Communications, Inc., its Manager
Signature Signature
James Farbelow
Printed Name Printed Name
VP, Spectrum Community Solutions
Title Title
Effective Date
65 5
State of California
County of _______________________________
On _____________________before me, _____________________________ a Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instr ument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________________ (Seal)
State of California
County of _______________________________
On _____________________before me, _____________________________ a Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose na me(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________________ (Seal) Riveting
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docu ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 66 6
EXHIBIT “A”
Property Address and Legal Description
435 S. D Street, Oxnard CA 93030
67 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: October 15, 2024
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Motorola Hardware and Software Purchase.
RECOMMENDATION
That the City Council approve and authorize the Mayor to sign a purchasing agreement with Motorola Solutions for equipment, software licenses, and installation labor not to exceed $400,000.
BACKGROUND
The Oxnard Police Department has an aging radio infrastructure and outdated portable and mobile radios. In addition to the aging infrastructure, the Department of Justice (DOJ) requires that, as of October 2020, all CLETS (California Law Enforcement Telecommunications System) subscribing agencies use an encrypted radio channel to transmit personally identifiable information. The Oxnard Police Department cannot comply with this requirement because the current radio infrastructure cannot support encryption.
This purchase connects the police department’s current dispatch center to the 700 MHz radio infrastructure hardware maintained and housed by the County of Ventura. It will also include Motorola subscriber equipment. The hardware and software allow the Police Department's dispatchers to transmit and receive radio traffic from officers in the field. By utilizing the new 700 MHz radio system, this purchase eliminates the use of the city's aging infrastructure. It also includes the hardware needed to program radios transmitting to the 700mhz radio system and additional portable & mobile radios for the Code Compliance division.
The County of Ventura has sourced and invested in Motorola Solutions to build its countywide radio system and has completed the system buildout in the Oxnard Plain. Using Motorola hardware and software to connect to a Motorola system provides the highest level of support. It allows the same engineers who built the system to be involved in connecting the City of Oxnard to the system.
STRATEGIC PRIORITIES
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 sufficient budget available for this purchase in the Police Radio Infrastructure capital project (Fund 301), funded by Measure O (Fund 104).
For Finance Use Only: Capital Outlay Fund (Org. 3012131 Obj. 52400, 53200, and 56040; 49300); Measure O (Org. 1041001 Obj. 59800) - Project C2257 - Police Radio Communications Upgrade.
COMMITTEE OUTCOME
68 This item did not originate in Committee.
Prepared by: Gaye Lynn Ward, Police Communications Manager
ATTACHMENTS
1. Oxnard PD InterTalk Console CSSI Licenses_Final_19-Sept-2024
2. CSSI Sole Source
3. Oxnard Sole Source - Radio
4. REFRESHED (11)APX8000 (10)APX8500 MotorsQUOTE-2812503
5. REFRESHED KVL 5000 QUOTE-2812499
6. NSS Motorola 2024
69 The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Hol dings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2024 Motorola Solutions, Inc. All rights reserved.
Proposal
City of Oxnard
Console Subsystem Interface
(CSSI) Licensing for InterTalk
Consoles
September 19, 2024
70 Motorola Solutions, Inc.
10680 Treena Street, Suite 200
San Diego, CA 92131
USA
September 19, 2024
Mrs. Gaye Lynn Ward
City of Oxnard
251 South “C” Street
Oxnard, CA 93030
Subject: Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles
Dear Mrs. Ward,
Motorola Solutions, Inc. (“Motorola”) is pleased to have the opportunity to provide City of Oxnard (“City”) with quality communications products and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value.
To best meet the functional and operational specifications of this solicitation, our solution includes a combination of CSSI licensing and professional services required to load the license onto the Ventura County (“County”) ASTRO 25 System Core. Configuration and testing services for required devices on the County ASTRO 25 System Core are also included.
This proposal consists of this cover letter and the Communications System and Services Agreement (CSSA), together with its Exhibits and attachments. This proposal shall remain valid for 60 days from the date of this proposal. City of Oxnard may accept the proposal by delivering to Motorola the signed CSSA. Alternatively, Motorola would be pleased to address any concerns the City may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, Mark Streker, our Sr.
Account Manager, at 805-249-8391.
We thank you for the opportunity to furnish City of Oxnard with “best in class” solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry.
Sincerely,
Motorola Solutions, Inc.
Denis Redzepagic
Area Sales Manager
71 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Table of Contents
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Table of Contents
Section 1
System Description .................................................................................................................. 2
1.1 CSSI Features and Functionality ........................................................................................ 2
1.2 Connectivity ......................................................................................................................... 3 Section 2
Statement of Work .................................................................................................................... 4
2.1 Motorola Responsibilities ................................................................................................... 4
2.2 City of Oxnard Responsibilities .......................................................................................... 5
2.3 Considerations and Assumptions ...................................................................................... 5 Section 3
Project Schedule ...................................................................................................................... 7 Section 4
Acceptance Test Plan............................................................................................................... 8
4.1 IP Packet Capture ................................................................................................................ 8
4.2 Talkgroup Call ...................................................................................................................... 8 Section 5
Service/Warranty ...................................................................................................................... 9 Section 6
Equipment List ........................................................................................................................ 10 Section 7
Pricing ..................................................................................................................................... 11
7.1 Pricing Summary ............................................................................................................... 11
7.2 Payment Terms .................................................................................................................. 11 Section 8
Contractual Documentation ................................................................................................... 12
72 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles System Description
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 1
System Description
Motorola has prepared this proposal to provide the City of Oxnard with licensing and services to enable the City to connect the seven (7) existing InterTalk consoles to the Ventura County (“County”) ASTRO 25 System. CSSI licensing is included to support the CSSI interface, which is used to connect a 3rd party console to an ASTRO 25 system. The CSSI license (connection) supports the console activity coming through a single 3rd party console system link and is based on the number of servers utilizing the link. The CSSI licensing is not based on the number of operator positions. The CSSI license is a onetime purchase and no annual subscription licensing is required. The City is responsible for working with Ventura County to provide the backhaul and routing connectivity required to connect between Oxnard PD and Ventura County’s ASTRO 25 System Core.
The diagram below shows at a high level the system connectivity between the County’s P25 network core and the City’s InterTalk console system. There will be two firewalls supplied by the County in order to complete the backhaul connection to the console system. The demarcation point in the diagram shows where Motorola’s backhaul responsibility ends. The test points are where Motorola will be performing backhaul link connectivity testing to verify the connectivity requirements are met.
County Microwave
and/or
Leased Services
County Supplied
Firewall
Oxnard Supplied
Gateway
(InterTalk)
Existing
Console Site
Switch County Supplied
Firewall
Existing
Radio System
Telephony ISSI/CSSI
Firewall
County – MSI
Demarcation &
Test Point
MSI Test Point
Figure 1-1: System Connectivity between the City of Oxnard’s Dispatch Center and the Ventura County ASTRO 25 Core Site
1.1 CSSI Features and Functionality
The CSSI feature provides interconnectivity for P25 compatible consoles to interface with an ASTRO 25 system. The CSSI functionality allows the third-party InterTalk P25 console system to connect to Motorola’s P25 ASTRO 25 systems based on the P25 ISSI standard. This is facilitated by the Intersystem Gateway (ISGW) present at the Ventura County Core and will connect through a single Telephony ISSI/CSSI Firewall to the InterTalk third-party console.
Not all Motorola ASTRO 25 System features and functions will be available to the InterTalk Console system. The supported standards-based features and functions are listed below. Additional details will be provided during the design review of the project implementation.
The P25 features provided with CSSI include:
73 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles System Description
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
• Clear or Encrypted Group Call
• Push-to-Talk (PTT) ID Display
• Emergency Alarm
• Emergency Group Call
• Emergency Cancel
• Announcement Group Call
• Console Priority
In a system with both Motorola consoles and third-party CSSI consoles, a group call can include both Motorola and third-party consoles. A unit-to-unit call (also known as private call) is not supported between Motorola and third-party consoles. A call alert is not supported between Motorola and third- party consoles.
Note that there is currently an audio processing incompatibility with InterTalk consoles when a Critical Connect cellular/broadband subscriber is a participant in a talkgroup call. This only applies if the County is actively using Critical Connect and communicating on talkgroups that the City will be using.
1.2 Connectivity
The link between the Oxnard PD and Ventura County’s ASTRO 25 System Core site is not included in this proposal. Motorola’s understanding is Ventura County will be providing a primary Microwave link connection and Oxnard PD will be procuring a secondary Fiber connection to link the two locations.
The following are the minimum backhaul requirements for the connection between Oxnard PD and Ventura County:
• Bandwidth - Minimum 2 Mbps
• Link Latency - 40ms or less
• Jitter - 30ms or less
These requirements will accommodate up to 80 simultaneous voice paths for a non-encrypted backhaul link between the ASTRO 25 System Core and the InterTalk console system. If the link is encrypted (IPSEC), these backhaul requirements will support up to 60 simultaneous voice paths.
74 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 2
Statement of Work
Motorola’s proposal consists of one (1) CSSI license and the services required to load the license onto the Ventura County ASTRO 25 System Core. Motorola is proposing to the City the installation and configuration of the following licensing at the specified locations.
Site Name License
Ventura County ASTRO 25 System Core Site Qty 1 CSSI License Motorola has not included any hardware or software with this proposal. Motorola does not warrant the operation of third party consoles on the Ventura County ASTRO 25 System Core. The City is responsible for the performance of the InterTalk consoles and procuring any InterTalk console equipment, software, or licensing enabling the CSSI interface of the InterTalk Consoles to the Ventura County ASTRO 25 System. Motorola is not responsible to resolve compatibility, connectivity or operational issues associated with the InterTalk consoles.
The document delineates the general responsibilities between Motorola and the City as agreed to by contract.
2.1 Motorola Responsibilities
Motorola’s general responsibilities include the following:
• Provide a Project Manager as a single point of contact. • Conduct a design and implementation plan review.
• Schedule the implementation in agreement with the City. • Coordinate the activities of all Motorola resources under this contract. • Administer safe work procedures for implementation services. • Conduct all project work Monday through Friday, 8 am to 5 pm. • Provide one (1) CSSI License and load license onto the Ventura County ASTRO 25 System Core.
• Provision and configure the County’s Provisioning Manager (PM), Unified Network Configuration (UNC) Manager, Telephony ISSI/CSSI Firewall, Telephony LAN Switch, and ISSI/CSSI Gateway.
• Provide the City with the appropriate system interconnect/link specifications. • Integrate the City provided Ethernet network, links, and InterTalk console system hardware to the Ventura County ASTRO 25 System Core.
• Test the City’s provided connectivity to ensure it meets minimum requirements. • Perform IP packet captures at the ASTRO 25 Telephony firewall to show bi-directional session initiation protocol (SIP) traffic between the County ASTRO 25 system and the City InterTalk console system.
• Work with the City to enable the testing of up to four (4) City subscriber radios. • Perform and complete the agreed upon Acceptance Test Plan (ATP). • Obtain City sign-off on completion of the project and execute Final System Acceptance. 75 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
2.2 City of Oxnard Responsibilities
General responsibilities for the City include the following:
• Designate a Project Manager as a single point of contact. • Provide all buildings and equipment shelters required for any system installations being performed by the County or the City’s subcontractors.
• Obtain all site access required for project implementation. • Coordinate the activities of all City vendors or other contractors. • Provide all information required by Motorola to configure the connection to the InterTalk consoles.
• Obtain authorization from and to work with Ventura County to utilize the CSSI connection to the Ventura County ASTRO 25 System. The City is also responsible to get authorization to utilize the Ventura County ASTRO 25 System.
• Provide required system interconnections per the agreed upon schedule, including site links with adequate bandwidth, to interface to Ventura County’s Telephony ISSI/CSSI firewall at the Core Site.
• Work with Ventura County to arrange use of a test talkgroup to test the InterTalk console connection to the Ventura County ASTRO 25 System.
• Coordinate directly with Ventura County to arrange for the configuration changes Ventura County will need to make at its Core to implement the connection to Oxnard PD’s dispatch positions.
• Coordinate directly with Ventura County for the City’s migration to the Ventura County ASTRO 25 System, including definition and configuration of users, talkgroups, site access, and other elements associated with trunked fleetmapping.
• Set up/configure consoles for CSSI intersystem connectivity. • Program InterTalk consoles and subscribers/control stations interfacing to the existing consoles. • Provide required InterTalk console hardware, software and firmware. • Provide all related InterTalk interfaces and work necessary for CSSI console connectivity. • Participate in and witness the ATP.
• Provide sign-off for completion of the project and execute Final System Acceptance.
The City is wholly responsible for the design, implementation and performance of the InterTalk consoles. The City will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola.
2.3 Considerations and Assumptions
There are a number of items that should be considered as part of the implementation of the CSSI connection of the City InterTalk consoles to the County ASTRO 25 System, including:
• A second CSSI license has not been included in the event of the City’s future deployment of a 2nd InterTalk server.
• Services to migrate and cutover the City’s radio users from the City’s conventional radio system to the County’s trunking ASTRO 25 System are not included in this proposal. 76 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
• The City’s test subscriber radios will be compatible with the County ASTRO 25 System, inclusive of the necessary features to test the basic functionality of a talkgroup call. At a minimum, these features include: TDMA, 9600 baud trunking, ASTRO digital CAI operation, and SmartZone operation.
• The proposed CSSI license for the City will consume one (1) of the twenty-four (24) P25 ISSI/CSSI interfaces of the Ventura County ASTRO 25 System. • InterTalk will be required to participate and support the demonstration of a successful talkroup call on the InterTalk consoles.
• InterTalk’s support will be required to address any testing and troubleshooting issues encountered during the implementation of the proposed scope.
In addition, Motorola has made several assumptions in preparing this proposal, which are noted below.
In order to provide a firm quote, Motorola will need to verify all assumptions or seek alternate solutions in the case of invalid assumptions.
• The City and County will have a Memorandum of Understanding (MOU) or applicable agreement enabling the City to connect its console system to the County ASTRO 25 System before implementation of this proposed project begins.
• InterTalk will complete any of their required work in alignment with the proposed Motorola scope of work and schedule.
• Any required system interconnections not specifically outlined here will be provided by the City.
These may include dedicated fiber links, microwave links, or other types of connectivity. • No coverage guarantee is included in this proposal.
• Training is not included in this proposal.
77 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Project Schedule
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 3
Project Schedule
Motorola estimates the project implementation to be approximately 3 months from Contract Execution to Final Acceptance. A preliminary project schedule is shown below. As part of the design review and implementation planning, the implementation project schedule will be fine-tuned by Motorola’s Project Manager with the City of Oxnard.
Figure 3-1: Preliminary Project Schedule
78 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Acceptance Test Plan
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 4
Acceptance Test Plan
The purpose of the Acceptance Test is to demonstrate that the CSSI connection between the City and the County has been established and provides the agreed upon functionality. An overview of a sample test is provided below. The Acceptance Test Plan will be finalized during the design review.
4.1 IP Packet Capture
IP packet captures will be gathered at the ASTRO 25 Telephony firewall to show bi-directional session initiation protocol (SIP) traffic between the County ASTRO 25 System and the City InterTalk console system. This will demonstrate that the InterTalk console is connected to the ASTRO 25 System.
4.2 Talkgroup Call
Up to four (4) City provided radios will be used to communicate on a test talkgroup. This test will demonstrate that a group call initiated from a home radio in the local system that is affiliated to a home talkgroup can be heard by a CSSI third party console affiliated to the talkgroup home to the local system.
This test will also demonstrate that a group call initiated from a CSSI third party console that is affiliated to a talkgroup home to the local system can be heard by a home radio in the local system affiliated to the home talkgroup.
The talkgroup call test will require InterTalk involvement.
79 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Service/Warranty
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 5
Service/Warranty
Motorola will provide warranty services per the standard warranty terms and conditions as outlined within the Communications System Agreement in this Proposal.
80 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Equipment List
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 6
Equipment List
This section lists the license necessary for the proposed solution.
BLOCK QTY NOMENCLATURE DESCRIPTION
CSSI License 1 T7776 ISSI 8000 / CSSI 8000 UPGRAGE Software License CSSI License 1 UA00009AA ADD: CSSI Operator Position License
81 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Pricing
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 7
Pricing
Motorola is pleased to provide the following equipment and services to the City of Oxnard.
7.1 Pricing Summary
Description Price ($)
Equipment: CSSI License $30,000.00
Implementation Services:
- Design Review & Planning $42,981.62
- Provisioning & Configuration $45,624.52
- Link Verification & Testing $46,082.41
- Travel $15,562.50
Pre-Tax Total $180,251.05
Estimated Sales Tax (9.25%) $2,775.00
Grand Total with Estimated Sales Tax $183,026.05
7.2 Payment Terms
Except for a payment that is due on the Effective Date, the City will make payments to Motorola within thirty (30) days after the date of each invoice. The City will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. Payment for the System purchase will be in accordance with the following milestones.
1. 50% of the Contract Price due upon Contract Execution
2. 50% of the Contract Price due upon Final System Acceptance
82 City of Oxnard September 19, 2024
Console Subsystem Interface (CSSI) Licensing for InterTalk Consoles Contractual Documentation
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 8
Contractual Documentation
This proposal is subject to the terms and conditions of Motorola's Communications System and Services Agreement, a copy of which is attached hereto and incorporated herein.
83 Communication System and Services Agreement v.2023.05.24 1 Communications System and Services Agreement
Motorola Solutions, Inc. (“Motorola”) and _______________________________________ (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows:
Section 1 ATTACHMENTS
1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement.
Exhibit A “Motorola Software License Agreement”
Exhibit B “Payment”
Exhibit C Technical and Implementation Documents
C-1 “System Description” dated _______________
C-2 “Statement of Work” dated _______________
C-3 “Project Schedule” dated _______________
C-4 “Acceptance Test Plan” or “ATP” dated _______________ C-5 “Service/Warranty” dated _______________
C-6 “Equipment List” dated _______________
C-7 “Pricing” dated _______________
Exhibit D “System Acceptance Certificate”
1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.
1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.
Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
“Acceptance Tests” means those tests described in the Acceptance Test Plan.
“Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the C ommunication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein.
“Administrative User Credentials” means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer’s personnel with access to the Administrative User Credentials may be referred to as the Administrative User.
“Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing).
84 Communication System and Services Agreement v.2023.05.24 2 “Confidential Information” means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equi valent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a s ummary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.
“Contract Price” means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, “Payment” or the pricing pages of the proposal , recurring fees for mainten ance, SUA, or subscription services are not included in the Contract Price.
“Deliverables” means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is oblig ated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work.
“Derivative Proprietary Materials” means derivatives of the Proprietary Materials that Motorola may from time to time, includi ng during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.
“Effective Date” means that date upon which the last Party executes this Agreement.
“Equipment” means the hardware components of the S olution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List.
“Feedback” means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement.
“Force Majeure” means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government enti ty, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause.
“Motorola Software” means software that Motorola or its affiliated companies owns.
“Non-Motorola Software” means software that a party other than Motorola or its affiliated companies owns.
“Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution.
“Proprietary Materials” means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practic es and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties.
“Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know -how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any 85 Communication System and Services Agreement v.2023.05.24 3 corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party.
“Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW.
“Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
“Software License Agreement” means the Motorola Software License Agreement (Exhibit A).
“Software Support Policy” (“SwSP” ) means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola’s discretion.
“Solution” means the combination of the System(s) and Services provided by Motorola under this Agreement.
“Solution Data” means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know -how t o produce value- added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services.
“Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents.
“SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program.
“Subsystem” means a major part of the System that performs specific functions or operations.
Subsystems are described in the Technical and Implementation Documents.
“System” means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents.
“System Acceptance” means the Acceptance Tests have been successfully completed. “System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
“Warranty Period” for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other 86 Communication System and Services Agreement v.2023.05.24 4 contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within t hirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the “Underlying Agreement” for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at
https://www.motorolasolutions.com/en_us/registration and the shop support telephone number is (800) 814-0601.
3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement . Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.6. NON-MOTOROLA SOFTWARE. Any Non- Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non- Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non- Motorola Software. Non- Motorola Software may include Open Source Software.
3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit.
During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services 87 Communication System and Services Agreement v.2023.05.24 5 Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: speci fic lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 SERVICES
4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer’s issuance and Motorola’s acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.
4.2. During the Warranty Period, in addition to warranty services, Motorol a will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.
To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. Motorola’s proposal may include a cover page entitled “Service Agreement” or “Installation Agreement”, as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference
4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services.
4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.
4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.
88 Communication System and Services Agreement v.2023.05.24 6 4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Servic es or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.
4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.
4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.
4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Pr oprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.
4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additiona l Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.
Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule.
By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 6 CONTRACT PRICE, PAYMENT AND INVOICING
6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any , and that sufficient funds have been appropriated in accordance with applicable law . The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $________________________. If 89 Communication System and Services Agreement v.2023.05.24 7 applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum.
6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thir ty ( 30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U .S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36-1115800.
6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre- pay and add a ll freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.
6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________
E-INVOICE. To receive invoices via email:
Customer Account Number:____________________________________________________________ Customer Accounts Payable Email:______________________________________________________ Customer CC(optional) Email: __________________________________________________________
The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________
The Equipment will be shipped to the Customer at the following address (insert i f this information is known):
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:__________________________________________________ ____________________________
Customer may change this information by giving written notice to Motorola.
Section 7 SITES AND SITE CONDITIONS
7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles i dentified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.
7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate:
90 Communication System and Services Agreement v.2023.05.24 8 physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non- conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.
Section 8 TRAINING
Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.
Section 9 SYSTEM ACCEPTANCE
9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.
9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate . If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance T ests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Accept ance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
9.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use bef ore System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Us e, Customer assumes responsibility for the use and operation of the System.
9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
Section 10 REPRESENTATIONS AND WARRANTIES
91 Communication System and Services Agreement v.2023.05.24 9 10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications.
10.2. EQUIPMENT WARRANTY. Durin g the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Equipment.
10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty P eriod, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.
10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.
10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.
10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Softw are, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty clai m, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro- rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may 92 Communication System and Services Agreement v.2023.05.24 10 invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.
10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.
10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 11 DELAYS
11.1. FORCE MAJEURE. Neither Party will be liable for its non- performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.
11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, w arehousing and handling of Equipment; extension of the warranties; travel; suspending and re- mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative i mplementation plan.
Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”).
12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.
12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.
12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute.
93 Communication System and Services Agreement v.2023.05.24 11 12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.
12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party.
Section 13 DEFAULT AND TERMINATION
13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non- performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non- performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curab le within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan.
13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section
13.1, unless otherwise agreed in writing, the non- defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non- defaulting Party any of its Confidential Information. If Customer is the non- defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price.
Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges.
In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.
Section 14 INDEMNIFICATION
14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any third- party claim or suit. Customer will cooperate with Motorola in its defense or settlement of such claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement.
14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any third- party claim or suit. Motorola will cooperate with Customer in its defense or settlement of such claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under 94 Communication System and Services Agreement v.2023.05.24 12 this Agreement.
14.3. PATENT AND COPYRIGHT INFRINGEMENT.
14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third -party claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product ”) directly infringes a United States patent or copyright (“Infringement Claim”).
Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.
14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it b ecomes non- infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.
14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon:
(a) the combination of the Motorola Product with any software, apparatus or device not f urnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorol a Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upo n revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.
14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.
Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one- time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE
PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE
THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY REL ATED TO OR 95 Communication System and Services Agreement v.2023.05.24 13 ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.
Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS
16.1. CONFIDENTIAL INFORMATION.
16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deem ed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) res trict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Inf ormation; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement.
16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement.
16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express wri tten permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non- Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreem ent, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell 96 Communication System and Services Agreement v.2023.05.24 14 or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.
16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to prov ide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing.
16.4 DATA AND FEEDBACK.
16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, “Customer Data”), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, co mmunicate, transmit, publish, display, and distribute such Customer Data.
16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”).
16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer.
Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.
Section 17 GENERAL
17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its incom e or net worth.
17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unr easonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer.
In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin- off or otherwise (each a “Separation Event”), Motorola may, wit hout the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) follo wing the Separation Event.
Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will 97 Communication System and Services Agreement v.2023.05.24 15 not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.
17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will cont inue in full force and effect.
17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. N othing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.
17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt.
17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters.
17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.
17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to 98 Communication System and Services Agreement v.2023.05.24 16 correctly use them. Customer is responsible for pr otecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola Sys tem support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.
17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non- Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection
10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liabi lity); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.
17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matt er of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be t reated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other for m will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola Solutions, Inc. Customer
By: ______________________________ By: ______________________________
Name: ___________________________ Name: ____________________________
Title: ____________________________ Title: _____________________________
Date: ____________________________ Date: _____________________________
99 Communication System and Services Agreement v.2023.05.24 17 Exhibit A
MOTOROLA SOFTWARE LICENSE AGREEMENT
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and ______________________________________ (“Licensee”).
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.
1.2 “Documentation” means product and software documentation that specifies technic al and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).
1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution.
1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed.
1.5 “Primary Agreement” means the agreement to which this exhibit is attached.
1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.
1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations , or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre- loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non- transferable (except as permitted in Sec tion 7) and non- exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.
100
Communication System and Services Agreement v.2023.05.24 18 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).
3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGRE EMENT
PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT
BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT
AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, trans mit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back - up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Des ignated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to thi s license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and 101
Communication System and Services Agreement v.2023.05.24 19 security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor.
Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentat ion, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fi xes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual pro perty developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely wit h reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will fl ow through to Licensee for third party software provided by Motorola.
6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this w arranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorol a’s option, Motorola will replace the defective Software with functionally -equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non- infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
102
Communication System and Services Agreement v.2023.05.24 20 Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agr eement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).
Section 9 Commercial Computer Software
9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227- 7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227- 7015, 48 C.F.R. Part 227.7202- 1 through 227.7202 -4, 48 C.F.R. Part 52.227 -19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
Section 10 CONFIDENTIALITY
103
Communication System and Services Agreement v.2023.05.24 21 Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re- export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requ ires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Ser vices.
13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.
13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any versi on of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' r ights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, 104
Communication System and Services Agreement v.2023.05.24 22 any licensor or supplier of third party software included in the Software will be a direc t and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability i s discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
105
Communication System and Services Agreement v.2023.05.24 23 Exhibit B
PAYMENT
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
System Purchase (excluding Subscribers, if applicable)
1. 50% of the Contract Price due upon contract execution (due upon effective date);
2. 50% of the Contract Price due upon Final Acceptance.
If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site- by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours.
Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at
https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
106
Communication System and Services Agreement v.2023.05.24 24 EXHIBIT D
System Acceptance Certificate
Customer Name: ______________________________________________________
Project Name: ________________________________________________________
This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________
FINAL PROJECT ACCEPTANCE:
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________
107
Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131
September 19, 2024
Gaye Lynn Ward
City of Oxnard
Subject: Motorola Solutions Sole Source - Console Subsystem Interface (CSSI)
Dear Mrs. Ward:
Motorola Solutions, Inc. (“Motorola”) is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Oxnard, CA as a valued customer. The Console Subsystem Interface (CSSI) is a standard in Project 25 (P25), a suite of digital radio standards that use IP technology to manage radio networks. The CSSI connects dispatch console systems to P25 trunked systems.
The CSSI is another wireline interface included in the P25 suite of standards, which provides a standardized IP connection between the radio system core and console equipment. The CSSI connectivity link proposed to the City of Oxnard will be used to connect Oxnard’s existing consoles to the Ventura County Motorola ASTRO25 Trunked System. This system is used by many of the Ventura County Regional Member agencies, including the City of Oxnard, to provide mission critical radio communications for their first responders.
If you have any questions regarding our radio equipment, please contact me at (805) 249-8391 or at [email protected].
Sincerely,
Motorola Solutions, Inc.
Mark Streker
Sr. Account Executive
108
Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131
September 19, 2024
Gaye Lynn Ward
City of Oxnard
Subject: Motorola Solutions Sole Source- ASTRO25 APX RADIO EQUIPMENT
Dear Mrs. Ward:
Motorola Solutions, Inc. (“Motorola”) is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Oxnard, CA as a valued customer. The P25 APX radio subscribers we design and manufacture contain proprietary hardware and software components which are not commercially available except through M otorola and its channel partners.
The APX radio hardware and software options that are proposed to the City of Oxnard will be used on the Ventura County ASTRO25 Trunked System. This system is used by many of the Ventura County Regional Member agencies, including the City of Oxnard, to provide mission critical radio communications for their first responders. The Ventura County ASTRO25 system offers several proprietary features and services that are only available to Motorola APX subscribers operating on an ASTRO25 system.
Specifically, the APX 8000 and 8500 radios that Oxnard currently use, and that are proposed, are capable of using Motorola’s SmartConnect. SmartConnect is proprietary service on the Ventura County Regional system that enables public safety communication where Land Mobile Radio (LMR) connectivity is compromised. The APX radios are able to either use in vehicle Wi-Fi hot spots or Wi-Fi hotspots located in City and County facilities to transmit and receive radio communications from the Count y ASTRO25 system via the internet. This unique feature is available only to APX radios that have been equipped with Wi-Fi hardware and the SmartConnect feature.
Additionally, the Ventura County system also features Over-the-Air Rekey of the APX radios encryption keys and Over-the-Air-Programming. Both services use Motorola proprietary hardware located in the ASTRO25 Core to track and process these actions, and minimize system and County resources to do so.
If you have any questions regarding our radio equipment, please contact me at (805) 249- 8391 or at [email protected].
Sincerely,
Motorola Solutions, Inc.
Mark Streker
Sr. Account Executive
109
Billing Address:
OXNARD POLICE DEPT, CITY OF
305 W THIRD ST
OXNARD, CA 93030
US
Quote Date:09/19/2024
Expiration Date:12/19/2024
Quote Created By:
Mark Streker
Sr. Account Executive
mark.streker@
motorolasolutions.com
8052498391
End Customer:
OXNARD POLICE DEPT, CITY OF
Gaye Lynn Ward
[email protected]
805-385-7944
Contract: LA County-MA-IS-2240228
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
APX™ 8000 Series
APX8000
1 H91TGD9PW6AN
APX 8000 ALL BAND
PORTABLE MODEL 2.5
11 $7,392.32
$5,396.39
$59,360.29
1a
Q361AN
ADD: P25 9600 BAUD
TRUNKING
11 $330.00
$240.90
$2,649.90
1b
Q806CB
ADD: ASTRO DIGITAL CAI
OPERATION
11 $567.00
$413.91
$4,553.01
1c
H38BS
ADD: SMARTZONE
OPERATION
11 $1,650.00
$1,204.50
$13,249.50
1d
QA00580AA
ADD: TDMA OPERATION
11 $495.00
$361.35
$3,974.85
1e
QA05509AA
DEL: DELETE UHF BAND
11 -$800.00
-$584.00
-$6,424.00
1f
Q629AH
ENH: AES ENCRYPTION AND
ADP
11 $523.00
$381.79
$4,199.69
1g
H869BW
ENH: MULTIKEY
11 $363.00
$264.99
$2,914.89
1h
QA09001AB
ADD: WIFI CAPABILITY
11 $330.00
$240.90
$2,649.90
1i
QA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING
11 $0.00
$0.00
$0.00
1j
QA03399AA
ADD: ENHANCED DATA APX
11 $165.00
$120.45
$1,324.95
1k
HA00690AA
ADD: 7Y ESSENTIAL SERVICE
HTP
11 $386.00
$386.00
$4,246.00
1l
QA09113AB
ADD: BASELINE RELEASE SW
11 $0.00
$0.00
$0.00
QUOTE-2812503
REFRESHED (11) APX 8000/(10) APX
8500 Motors
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
110
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
2 NNTN8860A
CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 115VAC, US/NA
11 $186.50
$136.15
$1,497.65
APX™ 8500
3 M37TSS9PW1AN
APX8500 ALL BAND MP
MOBILE
10 $5,893.68
$4,302.39
$43,023.90
3a
G361AH
ENH: P25 TRUNKING
SOFTWARE APX
10 $330.00
$240.90
$2,409.00
3b
G806BL
ENH: ASTRO DIGITAL CAI OP
APX
10 $567.00
$413.91
$4,139.10
3c
G51AT
ENH:SMARTZONE
10 $1,650.00
$1,204.50
$12,045.00
3d
GA00580AA
ADD: TDMA OPERATION
10 $495.00
$361.35
$3,613.50
3e
GA05509AA
DEL: DELETE UHF BAND
10 -$800.00
-$584.00
-$5,840.00
3f
G843AH
ADD: AES ENCRYPTION AND
ADP
10 $523.00
$381.79
$3,817.90
3g
G444AH
ADD: APX CONTROL HEAD
SOFTWARE
10 $0.00
$0.00
$0.00
3h
GA09001AA
ADD: WI-FI CAPABILITY
10 $330.00
$240.90
$2,409.00
3i
GA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING
10 $0.00
$0.00
$0.00
3j
GA01517AA
DEL: NO J600 ADAPTER CABLE
NEEDED
10 $0.00
$0.00
$0.00
3k
GA00250AB
ADD: MOTORCYCLE WIFI/
GNSS
10 $110.00
$80.30
$803.00
3l
GA00804AA
ADD: APX O2 CH (GREY)
10 $541.00
$394.93
$3,949.30
3m
G67DK
ADD: REMOTE MOUNT 02
MOTORCYCLE
10 $440.00
$321.20
$3,212.00
3n
G138AC
ADD: APX7500 MOTORCYCLE
CH SFWR O5
10 $0.00
$0.00
$0.00
3o
W620AE
ADD:NO MTRCYCLE ENCL
NEEDED APX
10 $0.00
$0.00
$0.00
3p
G89AC
ADD: NO RF ANTENNA
NEEDED
20 $0.00
$0.00
$0.00
3q
W22BB
ADD: STD PALM
MICROPHONE APEX
10 $79.00
$57.67
$576.70
3r
G142AD
ADD: NO SPEAKER APX
10 $0.00
$0.00
$0.00
3s
QA09113AB
ADD: BASELINE RELEASE SW
10 $0.00
$0.00
$0.00
3t
HA00694AA
ADD: 7Y ESSENTIAL SERVICE
HTM
10 $604.80
$604.80
$6,048.00
Subtotal
$174,403.03
QUOTE-2812503
REFRESHED (11) APX 8000/(10) APX
8500 Motors
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
111
Estimated Tax
$15,180.06
Grand Total
$189,583.09(USD)
Notes:
●
7Y ESSENTIAL SERVICE NOT TAXABLE IN CAL.
QUOTE-2812503
REFRESHED (11) APX 8000/(10) APX
8500 Motors
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
112
Billing Address:
OXNARD POLICE DEPT, CITY OF
305 W THIRD ST
OXNARD, CA 93030
US
Quote Date:09/19/2024
Expiration Date:12/19/2024
Quote Created By:
Mark Streker
Sr. Account Executive
mark.streker@
motorolasolutions.com
8052498391
End Customer:
OXNARD POLICE DEPT, CITY OF
Gaye Lynn Ward
[email protected]
(805)385-7784
Contract: LA County-MA-IS-2240228
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
KVL 5000
1 T8476B
KVL 5000
1 $6,900.00
$5,934.00
$5,934.00
1a
CA03358AA
ADD: ASTRO 25 MODE
1 $0.00
$0.00
$0.00
1b
CA00182AW
ADD: AES ENCRYPTION
SOFTWARE
1 $0.00
$0.00
$0.00
1c
CA03467AA
ADD: NORTH AMERICA
MICRO USB CHARGER
100/240V
1 $0.00
$0.00
$0.00
2 WPLN6904A
ASSY:KIT,KEYLOAD CABLE
1 $118.80
$95.03
$95.03
3 DQUUSBOTG
STARTECH.COM 5IN MICRO
USB TO USB OTG HOST
ADAPTER M/F - USB ADAPTER
1 $13.00
$13.00
$13.00
Subtotal
$6,042.03
Estimated Tax
$558.89
Grand Total
$6,600.92(USD)
Notes:
QUOTE-2812499
REFRESHED KVL 5000
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
113
114
115
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: October 15, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Public Project Agreement 32500098 with Sancon Technologies, Inc. for On-Call Cured In Place Pipe Repair Services, Specification No. PW 24-128.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Sancon Technologies, Inc. for a three-year term for a total amount not to exceed $950,000 for On-Call Cured In Place Pipe Repair Services, Specification No. PW 24-128.
(Public Works and Transportation Committee approved 3-0 on September 24, 2024.)
BACKGROUND
The Wastewater Division operates and maintains over 400 miles of sewer pipe throughout the collection system, which conveys an average of 17 million gallons of wastewater per day. Sewer pipe sizes range from 6-inch to 66-inch and are made up of vitrified clay and polyvinyl chloride (PVC) pipe. Pipes in the collection system are subject to failure due to several factors such as age, cracks, and root intrusion. Pipe failure in the collection system can lead to sanitary sewer overflow, sinkholes, and undermining of nearby structures, and must be repaired immediately. Cured in place pipe (CIPP) repair is a common method of fixing pipe failures, which lines the inside of a damaged pipe with a reinforced liner. This method of repair is trenchless and foregoes the need to excavate a street to perform restoration.
DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on June 27, 2024, and all bids were due and opened on July 18, 2024. The City received only one bid, which is the cumulative total of the bid items which vary from linear feet, per day and hourly rates of labor. The following bid is the cumulative totals of all these rates:
Sancon Technologies, Inc.: $8,017
The only bidder is Sancon Technologies, Inc. (Sancon) and its bid is responsive to the City’s NIFB. Sancon was the lowest bidder for the 2021 On-Call Cured In Place Pipe Repair Services contract and the proposed rates are inline with three-years of construction cost escalation. Following this determination, procurement staff reviewed all documentation received from Sancon. 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 meeting the needs of the City. Thus, staff recommends that the City Council award the contract to Sancon.
The Project scope consists of the installation of cured-in-place sectional pipe liners throughout the City’s wastewater collection system where defects in a section of wastewater pipe have been identified. Work shall be task order driven on 116
an on-call/as-needed basis, and shall include traffic control, cleaning of pipes, and pre and post pipe inspection of the pipe lining operation.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with Sancon for on-call repair services shall not exceed $950,000 over the term of three years. Funding for this Agreement has been programmed and is available in the Fiscal Year 2024-25 Adopted Budget from the Wastewater Operating Fund (611). Funding for subsequent fiscal years will be requested through the annual budget process.
Wastewater Estimated Spending Plan
6113613-53200
FY 24-25
(9 months)
FY 25-26
(12 months)
FY 26-27
(12 months)
FY 27-28
(3 months) TOTAL
$225,000 $325,000 $325,000 $75,000 $950,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on September 24, 2024 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Timothy Beaman, Assistant Public Works Director
ATTACHMENTS
1. Agreement 32500098 - Sancon Technologies, Inc. - PW 24-128
117
Agreement No.: 32500098
1 CITY OF OXNARD CONTRACT FOR
ON CALL CURED IN PLACE PIPE (CIPP) REPAIR SERVICES
SPECIFICATION NO. PW 24-128
THIS CONTRACT (“Contract”) is made and entered this 1 st day of October , 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and SANCON TECHNOLOGIES, INC. (“Contractor”). Contractor’s license number is 774055.
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. S
cope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as the On Call Cured In Place Pipe (CIPP) Repair Services, Specification No. PW 24-128 (“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. C
ompensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor 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 nine hundred fifty thousand dollars ($950,000) during the Contract Term.
4. C
ontract 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. A ntitrust 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. P
revailing 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. Wor
kers’ 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 provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every 118
Agreement No.: 32500098
2 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. A uthority . 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. E
ntire 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. A
mendment. 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. Counter parts. 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 likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]
119
Agreement No.: 32500098
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD SANCON TECHNOLOGIES, INC.
☒ John C. Zaragoza, Mayor1 Date Ryan Helmuth, Vice President 2 Date ☐ Purchasing Manager
Gary E. Drew, Secretary Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000.
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 l egally-binding documentation stating who can sign and bind your company.
120
Agreement No.: 32500098
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 I nsurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
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 certificat es 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 ce rtificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects:
liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the 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.
121
Agreement No.: 32500098
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 a ny 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 co mpleted. Improperly addressed certificates may delay the contract start -up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.
Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and m ust be attached 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. 122
Agreement No.: 32500098
6 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODESUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER ASPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[ ] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.
GENERAL AGGREGATE
$2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 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
123
Agreement No.: 32500098
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 o perations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the 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 ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, al ter 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 abov e-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
124
Agreement No.: 32500098
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
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of 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 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 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 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
125
Agreement No.: 32500098
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 the On Call Cured In Place Pipe (CIPP) Repair Services, Specification No. PW 24-128 (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 time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 126
Agreement No.: 32500098
10 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 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.
127
Agreement No.: 32500098
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 the On Call Cured In Place Pipe (CIPP) Repair Services, Specification No. PW 24-128 (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 of 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed 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 128
Agreement No.: 32500098
12 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party 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.
129
Agreement No.: 32500098
13 EXHIBIT A
RATES AND COSTS
ON-CALL CURED IN PLACE PIPE (CIPP) REPAIR SERVICES
SPECIFICATION NO. PW 24-128
130
Agreement No.: 32500098
14 131
Agreement No.: 32500098
15 132
Agreement No.: 32500098
16 133
Agreement No.: 32500098
17 SPECIAL PROVISIONS
ON CALL CURED IN PLACE PIPE (CIPP) REPAIR SERVICES
SPECIFICATION NO. PW 24-128
1000-1 SCOPE OF WORK
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to provide as needed Cured in Place Pipe ("CIPP") Repair, including Ultraviolet-Cured Fiberglass -Reinforced Cured-in -Place Pipe Liners (UV -CIPP) or equal, installed in accordance with the 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook”) and ASTM 2019-20 for pipeline rehabilitation, for the City of Oxnard Wastewater Collection System in locations throughout the City of Oxnard as directed by the Project Manager. The scope of Work shall include, but not be limited to:
1. Provide all necessary traffic control, with plans approved by the City's Traffic Engineer.
2. Provide sewer flow control as necessary.
3. Provide bypass pumping including but not limited to the following:
a. Bypass pumping daily rate shall include all labor, material, pumps, piping and associated equipment for primary pumping, plus 100% back up with the capability of pumping 6-inch – 12-inch diameter pipe at half full. b. Bypass pumping daily rate shall include all labor, material, pumps, piping and associated equipment for primary pumping, plus 100% back up with the capability of pumping 12-inch – 24-inch diameter pipe at half full. c. Bypass pumping daily rate shall include all labor, material, pumps, piping and associated equipment for primary pumping, plus 100% back up with the capability of pumping 25-inch – 36-inch diameter pipe at half full.
4. Clean section of pipe to be repaired prior to CIPP installation.
5. Provide Closed Circuit Television Video (CCTV) before and after pipe lining operation to ensure proper installation/repair.
6. Installation of cured in place sectional liners where defects in a section of pipe have been identified.
a. Contractor shall ensure sectional liner material i s fabricated from either a non- woven felt of fiberglass laminate, or a combination thereof, and shall use either a polyester resin, vinyl resin, or epoxy resin.
b. Contractor shall ensure sectional liner material is fabricated to neatly fit the internal circumference of the host pipeline.
c. Contractor shall ensure material or laminate shall overlap a minimum of 2-inches and cure monolithically.
7. All lateral connections where the pipe liner was installed are to be reinstated immediately after the curing process.
All costs for labor for these calls shall be included in the Bid sheets. 134
Agreement No.: 32500098
18 1000-2 RESPONSE TIME AND SCHEDULE
Contractor must verbally respond to all requests for service within twenty (24) hours of telephone notification by the City. The scope of Work and schedule shall be mutually agreed to between City staff and Contractor and documented in a Task Order before Work begins. Work under this category shall be planned and scheduled Monday through Friday excluding holidays, between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City. All costs for labor, materials, tools, equipment, taxes, mobilization, demobilization, traffic control and all incidentals for these requests shall be included in the unit costs enumerated in the Bid Sheets.
1000-3 TRAFFIC CONTROL, PUBLIC CONVEYANCE, AND SAFETY
The Contractor shall provide, for the protection of the public, all necessary barricades, traffic cones, warning signs, flagmen, lights, and other safety devices in accordance with Section 12- 3 of the SSS and the current requirements set forth in the MUTCD.
Contractor shall furnish, install, and maintain a trailer mounted, solar powered portable changeable message sign upon which varying electronically generated messages will be displayed to traffic, as specified in Section 5-7.10.3 of the General Provisions. Refer to SSS and/or MUTCD Guidelines for the use of portable changeable message signs in work zones.
Contractor shall also provide traffic control for the safety of crew working on this Project.
Additionally, the Contractor shall install temporary railing (type K) between any lanes carrying public traffic and any excavation, obstacle, or storage area when any of the following conditions exist:
Storage Areas:
Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications.
Except for installing, maintaining and removing traffic control devices, whenever Work is performed or equipment is operated in the following Work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the Specifications.
Approach speed of public traffic
(Posted Limit Miles Per Hour) Work Areas
Over 45 Within 6 feet of the traffic lane but
not on a traffic lane
35 to 45 Within 3 feet of a traffic lane but not
on a traffic lane
When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the City Engineer. The lane closure provisions of this Section shall not apply if the Work area is protected by permanent or temporary railing or barrier. 135
Agreement No.: 32500098
19 The Contractor shall furnish the Oxnard Police Department with the written names and phone numbers of personnel to be contacted after hours for hazardous conditions to traffic that may require additional protective measures. Failure to respond to reasonable request for additional nighttime protection to traffic will result in the City causing the Work to be performed by others and costs withheld from moneys due. All traffic control devices shall meet the standards and be placed in accordance with the MUTCD for Construction and Maintenance Work Zones.
The City Inspector shall stop construction if traffic control devices are not placed in accordance with approved Plans. All warning devices used during hours of darkness shall be reflectorized. All damaged City owned traffic control devices within the vicinity shall be replaced in kind or better at the Contractor's expense.
1000-4 WORK TO BE ACCOMPLISHED
The Contractor shall maintain the following requirements:
1. Contractor shall submit traffic control plans for approval by the Traffic Engineer within 05 to 10 days of approved and executed Task Order and prior to beginning construction. The traffic control plan must be approved by must be prepared according to the requirements set forth in the latest CA MUTCD, and each sheet signed and sealed (wet-stamped) by a State of California registered Civil or Traffic Engineer.
2. Contractor must obtain an encroachment permit from Public Works for all Work in the public right of way. City approved and signed traffic control plans are required for the issuance of an encroachment permit.
3. Maintain minimum of one (1) lane in each direction at all times. Maintain access to all existing business at all times.
4. Traffic control plans must conform to the SSS and to the MUTCD.
5. Working hours for work done within traffic lane shall be from 8:30 AM to 3:30 PM and 8:00 AM to 5:00 PM outside the traffic lane. No interference with traffic at all other times.
6. No lane closure beyond the Work areas.
1000-5 PERMITS
Contractor shall notify and coordinate Work with other agencies i.e., Caltrans, Railroads, Ventura County, and other adjacent Cities, in advance of the start of any Work that will require the temporary closure of access and/or encroachment to their Right of Way.
The Contractor will be required to obtain all necessary permits to perform Work within the State's right-of-way/Railroad right-of-way and shall bear all cost for fees and no additional cost to the City.
The Contractor is also responsible for all permit conditions and shall comply with all the requirements set forth in the approved permit including implementation of traffic control plans, installation of construction area signage, working hours, assigning flaggers, etc. and shall bear all cost for fees and no additional cost to the City.
136
Agreement No.: 32500098
20 District Encroachment Permit Office Contact Information:
District 07
100 South Main Street, Suite 100
Los Angeles, CA 90012
(213) 897-3631
Union Pacific Rail Road Contact Information:
Javier R. Sanchez - Manager Track Maintenance 340 Guadalupe Street Guadalupe, CA 93434
OFFICE: 402-233-1711
MOBILE: 805-249-0959
FAX: 805-343-6871
E-mail: [email protected]
1000-6 PAYMENT
Payment for performing the Work shall be made on the unit cost basis detailed in the Bid Sheets.
The unit cost for all activities described in the Bid Sheets shall include full compensation for furnishing all labor, materials, tools, equipment, taxes, mobilization, demobilization, traffic control and all incidentals to complete all the activities involved with the delivery of these services, and no additional payment will be made therefore.
Prior to starting Work, all Work will be pre-approved by a Task Order issued by the Project Manager specifying the total quantity of each item comprising the Work. A separate invoice is required for each Task Order issued pursuant to the Contract. The Task Order will include all materials, labor, equipment, and applicable 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 will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and Contractor will be required to itemize the supplies cost within the Task Order. Contractor shall provide copies of receipts.
When billing for Work, the Contractor shall use the appropriate unit costs pursuant to the Bid Sheets, multiplied by the total quantities specified in the Task Order. For example, if the Task Order specifies 200 LF of "Pre-Lining Video for 8" CIPP Lining", the total cost billed for that item shall be the unit cost stated in Bid Item No. 1, multiplied by 200 LF.
Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent on 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
137
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: October 15, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32500090 with SNF Polydyne, Inc. DBA Polydyne Inc. for the Supply and Delivery of Anionic Polymer.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with SNF Polydyne, Inc. DBA Polydyne Inc. for an initial term of one year from October 2, 2024, to October 1, 2025, with the option for four consecutive one-year period extensions ending October 1, 2029, for a total contract amount not to exceed $750,000 for the supply and delivery of anionic polymer to the Wastewater Division.
(Public Works & Transportation Committee approved 3-0 on September 24, 2024.)
BACKGROUND
The Oxnard Water Resource Recovery Facility (WRRF) treats approximately 17 million gallons of wastewater per day.
As part of the primary treatment process, suspended solids are removed from the raw wastewater. Suspended solids (SS) in wastewater refer to the small solid particles that are not dissolved and are not heavy enough to settle in large tanks.
These particles may be organic or inorganic and must be removed from the waste stream.
In 2019, the Wastewater Division constructed a new treatment process referred to as the chemically enhanced primary treatment (CEPT) facility. This treatment process enhances the removal of SS by introducing anionic polymer to the waste stream. The polymer acts as a flocculant which facilitates the small suspended solids binding together to form larger clumps. Once the clumps are large enough, they sink to the bottom where they are removed from the waste stream.
This enhanced treatment results in higher SS removal rates which increases the overall water quality of the WRRF effluent and ensures compliance with the City’s discharge permit.
DISCUSSION
The Purchasing Department released Request for Bid (RFB) PW 24-87 for the Supply and Delivery of Anionic Polymer on February 22, 2024, with a proposal due date of June 12, 2024. RFB PW 24-87 received a total of two bids from the following vendors:
• Solenis, LLC
• Polydyne, Inc.
As part of the RFB process, vendors were requested to test the effectiveness of their polymer formulas by conducting an initial jar test followed by a full scale test. The jar testing took place at the Wastewater Division laboratory where vendors were given the opportunity to test their polymer formulations using wastewater samples collected from the raw sewage.
Following the jar testing trials, vendors selected a polymer formula of their choice for full scale testing. The full scale testing allowed vendors to test their polymer at the CEPT facility for a period of five days. During this time, vendors were 138
allowed to monitor and optimize polymer dosages to achieve optimal SS removal. Following the full scale test, vendors submitted bids with a price per pound for their specific polymer formulation.
The bids were reviewed by the Purchasing Division (Purchasing Manager), Wastewater Division (Wastewater Operations Manager, Chief Plant Operator, Sr. Admin Services Analyst) with a determination that Polydyne had the lowest priced polymer based on full scale testing results. Additionally, Polydyne meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with SNF Polydyne, Inc. DBA Polydyne Inc. for anionic polymer shall not exceed $750,000 over the entire term of five years, if extended. Funding for this Agreement has been programmed and is available in the Fiscal Year 2024-25 Adopted Budget from the Wastewater Operating Fund (611) on an as-needed basis.
Payment shall be made when polymer is delivered, and there will be no guaranteed spending amounts throughout the agreement. Funding for subsequent fiscal years will be requested through the annual budget process.
Wastewater Estimated Spending Plan
6113614-52100
FY 24-25
(9 months)
FY 25-26
(12 months)
FY 26-27
(12 months)
FY 27-28
(12 months)
FY 28-29
(12 months)
FY 29-30
(3 months) TOTAL
$112,500 $150,000 $150,000 $150,000 $150,000 $37,500 $750,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on September 24, 2024 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Timothy Beaman, Assistant Public Works Director
ATTACHMENTS
1. Trade Service Agreement 32500090
139
Agreement No. 32500090
TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND SNF POLYDYNE INC. DBA POLYDYNE
INC.
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of SNF Polydyne Inc. DBA Polydyne Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES.
This Agreement is for the supply and delivery of anionic polymer to the Water Resource Recovery Facility located at 6001 Perkins Road for the City of Oxnard Wastewater Division.
2. PARTIES.
CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030
SNF Polydyne Inc. DBA Polydyne Inc. (“SERVICE PROVIDER”), a corporation of the State of Delaware, located at 1 Chemical Plant Road, Riceboro, GA 31323
3. TERM OF AGREEMENT: From (Date): 10/2/24 To (Date): 10/1/25
3.1 Time is of the essence in this Agreement.
3.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.
140
Agreement No. 32500090
3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT NOT TO EXCEED: $750,000.00
5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Roberto Fuentes Name: Boyd Stanley Title: Wastewater Operations Manager Title: Sr. Vice President Phone: (805) 271-2203 Phone: (800) 848-7659 opt 2 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
6001 Perkins Road
Oxnard, CA 93033
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
141
Agreement No. 32500090
7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices.
10. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
142
Agreement No. 32500090
10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
11. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.
12. MODIFICATION OF AGREEMENT.
This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.
143
Agreement No. 32500090
13. TERMINATION OF AGREEMENT.
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
14. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees, subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City.
SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.
15. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of 144
Agreement No. 32500090
this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
16. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.
SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this 145
Agreement No. 32500090