Agenda packet — Oxnard City Council, October 29, 2024 (part 1 of 3)

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 29, 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: 821 7978 7611

3. Passcode: 268057
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 INPERSON 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/citymeetings. *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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 29, 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 internetbased service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

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

C. CLOSED SESSION (4:30 PM)

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

Name of case: City of Oxnard v. Fox Canyon Groundwater Management Agency Ventura County Superior Court, Case No. 201900536759CUMC Legislative Body: City Council

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

Name of case: People of the State of California v. Rastegar Ventura County Superior Court, Case No. 201900536729CUMC Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)

1. City Manager Department
SUBJECT: Oxnard Convention & Visitors Bureau (OCVB) Annual Report.

RECOMMENDATION: That the City Council receive the OCVB Fiscal Year 23-24 Annual Report. (Live presentation by Oxnard Convention & Visitors Bureau Vice President of Marketing & Communications, Brittney Hendricks.)
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 29, 2024 PAGE 3

2. City Manager Department
SUBJECT: Presentation by Community Action of Ventura County (CAVC).

RECOMMENDATION: That the City Council receive an update on CAVC services and including the Low Income Household Water Assistance Program (LIHWAP).

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
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 November 11, 2024 as "Veterans Day."

2. SUBJECT: Presentation by Oxnard-Ocotlan Sister Cities Committee of Visitation.

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 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.

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
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SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of October 1, 2024, regular meeting as presented.

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

2. Finance Department
SUBJECT: Monthly Investment Report as of September 30, 2024.

RECOMMENDATION: This is an information item for the City Council to receive and file.

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

3. City Manager Department
SUBJECT: Public Project Agreement 32500211 with Square Signs, LLC for the Gateway Monument Project, Specification No. CM 24-05.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $315,720.15 in Project funds for the Gateway Monument Project, Specification No. CM 24-05;

2. The Mayor to execute an Agreement with Square Signs, LLC in the amount of $263,100.15 for the Project;

3. A Project contingency amount of $26,310 (10%) with Square Signs, LLC for a total not to exceed value of $289,410.15 for the Project;

4. A Project allocation amount of $26,310 for engineering, inspection, survey and project management for the project; and

5. A budget appropriation, and corresponding transfer in revenue, in the Capital Outlay Fund (301), in the total amount of $315,720.15, funded from existing General Fund (101) FY2024-25 appropriation.

This item did not originate in Committee as this is one of the four gateway monument signs approved by City Council in June 2023.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

4. City Manager Department
SUBJECT: Public Project Agreement 32500212 with Square Signs, LLC for the Citywide Wayfinding Sign Program Specification No. CM 24-132.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $608,169.13 in Project funds for the Citywide Wayfinding Sign Program Project Specification No. CM 24-132;

2. The Mayor to Execute an Agreement with Square Signs, LLC in the amount of $506,807.61 for the Project;

3. A Project contingency amount of $50,680.76 (10%) with Square Signs, LLC for a total not to exceed value of $557,488.37 for the Project; and

4. A Project allocation amount of $50,680.76 for engineering, inspection, survey and project management for the Project.
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This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478

5. Public Works Department
SUBJECT: Agreement 32500151 with Filippin Engineering, Inc. for Construction Management Services for Ventura Road and Rice Avenue Sewer Main Replacement Project, Specification No.

PW 23-119.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Filippin Engineering, Inc. in the amount of $415,947.64 with a term from November 1, 2024, to June 30, 2026, for construction management services for Ventura Road and Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Annual Purchase Orders with Badger Meters, Inc. for Advanced Metering Infrastructure (AMI) Capable Water Meters.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Badger Meter, Inc. for a total amount not to exceed value of $975,000 through June 30, 2029, for the supply of Advanced Metering Infrastructure (AMI) Capable Water Meters.
(Public Works and Transportation Committee approved 3-0 on October 8, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Public Works Department
SUBJECT: Amend Department-Wide Blanket Purchase Orders for a Not to Exceed (NTE) Amount Greater than $200,000 Each.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to amend purchase orders, consistent with the City’s purchasing requirements, with the following vendors:

1. Allstar Fire Equipment Co. for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2025;

2. Amazon.com Services LLC for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2025;

3. Applied Industrial Technologies for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2025;

4. Bauer Compressors, Inc. for an additional $250,000 for a new not to exceed amount of $450,000 through June 30, 2025;

5. Grainger, Inc. for an additional $250,000 for a new not to exceed amount of $450,000 through 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 29, 2024 PAGE 6
June 30, 2025;

6. Hach Company for an additional $135,000 for a new not to exceed amount of $285,000 through June 30, 2025;

7. Home Depot U.S.A., Inc. for an additional $200,000 for a new not to exceed amount of $400,000 through June 30, 2025;

8. L.N. Curtis & Sons for an additional $250,000 for a new not to exceed amount of $450,000 through June 30, 2025;

9. Lowes for an additional $250,000 for a new not to exceed amount of $450,000 through June 30, 2025;

10. O’Reilly for an additional $50,000 for a new not to exceed amount of $250,000 through June 30, 2025;

11. Office Depot, Inc. for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2025;

12. Sunbelt Rentals, Inc. for an additional $125,000 for a new not to exceed amount of $325,000 through June 30, 2025;

13. Ventura County Auto Supply (NAPA) for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2025; and

14. Waxie’s Sanitary Supply, Inc. dba Waxie Sanitary Supply for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2025. (Public Works and Transportation Committee approved 3-0 on October 8, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

8. Public Works Department
SUBJECT: Agreement 32500106 with UniFirst Corporation for Uniform Rental and Laundry Services for Public Works.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with UniFirst Corporation for an initial three-year term from November 1, 2024, to October 31, 2027, with the option for two consecutive one-year period extensions ending October 31, 2029, for a total amount not to exceed $1,090,000 for uniform rental and laundry services for various City Departments utilizing Sourcewell contract #011124-UFC. (Public Works and Transportation Committee approved 3-0 on October 8, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

9. Housing Department
SUBJECT: MNS Engineers Inc. Labor and Environmental Compliance Agreement.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement Number 32500194 with MNS Engineers, Inc., with a term from October 30, 2024, to December 31, 2025, with a not to exceed amount of $343,739.00, for labor and environmental compliance services.
(This item did not originate in committee.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
M. REPORTS
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 29, 2024 PAGE 7

1. Public Works Department
SUBJECT: Public Project Agreement 32500182 with Security Paving Company, Inc. for Rice Avenue/Fifth Street/State Route 34 Grade Separation Project, Specification No. PW 18-47. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize:

1. A total amount of $80,349,567.20 in Project funds for the Rice Avenue/Fifth Street/Route 34 Grade Separation Project, Specification No. PW 18-47; and

2. The Mayor to Execute an Agreement with Security Paving Company, Inc. in the amount of $76,523,397.20 and a Project contingency amount of $3,826,170 (5%) with Security Paving Company, Inc. for a total not to exceed value of $80,349,567.20 for the Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8-rbV6a8F5g
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Agreement 32500217 with MNS Engineers, Inc. for Construction Management Services for Rice Avenue/Fifth Street/State Route 34 Grade Separation Project, Specification No. PW 18-47. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with MNS Engineers, Inc. in the amount of $12,298,039.51 with a term from October 29, 2024, to October 29, 2029, for construction management services for Rice Avenue/Fifth Street/Route 34 Grade Separation Project, Specification No. PW 18-47. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/SOuJzLezCV4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Seventh Amendment to Agreement A-8094 with HDR, Inc. for Rice Avenue/Fifth Street/State Route 34 Grade Separation Project, Specification No. PW 18-47. (10 minutes) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Seventh Amendment with HDR, Inc. in the amount of $1,938,398.28, for a new not to exceed contract value of $11,816,253.53 to perform engineering design support during construction for the Rice Avenue/Fifth Street/Route 34 Grade Separation Project, Specification No. PW 18-47. (This item did not originate in Committee as this is a capital improvement project specifically listed 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 29, 2024 PAGE 8
in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be /gJPBvPSQBIs
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Community Development Department
SUBJECT: Planning and Zoning Permit No. 24-600-02 (Pre-Application); Pre-Application Review of the Harrison Avenue Apartments Project, Located at 145-155 Harrison Avenue. (20 minutes) RECOMMENDATION: That the City Council review and provide preliminary comments on a preapplication for a General Plan Amendment, Zone Change, Special Use Permit, Density Bonus, and Lot Merger to allow for the construction of a 100-unit all-affordable apartment project.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/cFgZG-4NqjU
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

5. Community Development Department
SUBJECT: Grant of Easement to Southern California Edison on a portion of city-owned property located at 1101 Viewpoint Drive. (10 minutes)
RECOMMENDATION: That the City Council:

1. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

2. Grant an easement to Southern California Edison (SCE), consistent with Exhibit A and Exhibit B, and for the purposes stated in such; and

3. Authorize the Mayor to sign the Grant of Easement.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fjWeHnpgl3w
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
N. ADJOURNMENT
8 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: October 29, 2024
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Oxnard Convention & Visitors Bureau (OCVB) Annual Report.

RECOMMENDATION
That the City Council receive the OCVB Fiscal Year 23-24 Annual Report. (Live presentation by Oxnard Convention & Visitors Bureau Vice President of Marketing & Communications, Brittney Hendricks.)

BACKGROUND
The City of Oxnard contracts with the Oxnard Convention and Visitors Bureau (“OCVB”) to market the Oxnard area to attract more visitors and tourists. This report, as required under Agreement No.A-8142, was prepared by OCVB, in conjunction with the City, and serves as the Annual Report for FY 23-24.

OCVB was initially formed in May 1974 as a nonprofit corporation for the purpose of generating economic benefits to the City of Oxnard (“City”) by promoting the area and attracting more visitors. The vision of the OCVB is to lead Oxnard’s travel and tourism industry in promoting and marketing Oxnard as a premier leisure and business travel destination, seeking to bring significant economic and social benefits to our community. As such, OCVB’s mission statement is to establish the Oxnard area as a recognized destination for tourism and business travel. To promote Oxnard in primary markets and the local community, OCVB produces print, online, and social media materials, working collaboratively with neighboring Convention and Visitors Bureaus, Ventura County Coast, Central Coast Tourism Council, and Visit California to promote tourism across our region. Of importance is staying up to date on current travel trends and markets, so that the proper marketing and outreach is undertaken to maximize OCVB’s efforts. OCVB’s stated goals include continuing to provide connectivity between visitor sectors.

OCVB entered a new five year Agreement (Agreement No. 32400300) with the City of Oxnard effective July 1, 2024.

DISCUSSION
Visit Oxnard is the community marketing agency committed to telling the city’s integrated brand story. Allowing for strengthened partnerships, driving new revenue and enhancing Oxnard’s overall vibrancy through powerful storytelling that unite neighborhoods, businesses and individual voices to bring Oxnard to life and giving potential travelers the reason to visit Oxnard. Visit Oxnard’s strategy is in line with industry standards, most closely mirroring the strategy set forth by Visit California. As a destination marketing organization (DMO), OCVB’s goal is to drive tourism at the higher funnel inspiration layer, keeping Oxnard top of mind among familiar travelers, while inspiring consideration from new active travel intenders. Engagement key performance indicators (KPIs) like impressions, click-through-rate, sessions and time on site all feed into this awareness funnel. This higher funnel drives interest, which feeds into the lower transaction funnel or conversion layer, which is what drives destination-specific bookings.

OCVB’s mission is to drive tourism and overnight visitation by:
9 1) Building awareness of Oxnard,
2) Improving the perception of Oxnard to residents/visitors, and 3) Growing our audience.

These three high funnel/top layer activities inspire transactions.

Consistent with A-8142, this report serves as the OCVB Annual Report for FY 23-24. Exhibit A of that agreement defines performance measures. These include:
a. Serve as the City’s official tourism agency.
b. Develop a comprehensive marketing program.
c. Participate in activities related to the branding of the City.

One of OCVB’s key performance indicators, and the foremost method for tracking success, is through hotel statistics.

However, due to an industry-wide flattening of demand and reduced discretionary spending as a result of inflation, Oxnard is experiencing rates and occupancies that are down from the prior year, although Oxnard continues to lead Ventura County on Average Daily Rate and Revenue Per Available Room.

FY 23-24 hotel statistics, are as follows:
• FY 23-24 Average Daily Rate is at $169.34, which is down 5.1% from $178.53 the previous fiscal year • FY 23-24 Average Occupancy is at 60.83%, down 6.79% from 67.62% the previous fiscal year According to the 2023 Economic Impact of Travel in California report prepared by Dean Runyan Associates, direct travel spending in Ventura County increased by 2.2% in calendar year 2023 to $1.876 billion, the highest on record.

Four new hotel properties are in various stages of approvals and construction in Oxnard. These hotels will increase the available hotel rooms by 540 units, a 47% increase in available hotel rooms. • RiverPark Townplace Suites: under construction; 121 rooms; expected to open by early 2025. • RiverPark Springhill Suites: under construction; 121 rooms;expected to open in late 2025. • Tru Hilton: under construction; 88 rooms; estimated to open in late 2025 • Hyatt House: in permit review with the County; 210 rooms; estimated to open in 2027.

Other Stats (FY 23-24)

1. OCVB continues to have a strong social media presence with more than 72.1k combined followers (up from 64.5k in last year's report) across Facebook and Instagram, plus 4,934 followers and subscribers (up from 4,041 in last year's report) across Twitter, YouTube, Spotify, Pinterest, LinkedIn and TikTok. Social media has been instrumental in driving community relationships, increasing destination awareness and improving perception.

2. OCVB participates in a Visit California Localhood program titled CA NOW Travel Stories, generating content that is distributed on the Visit California website and on Google’s search pages. This past fiscal year, OCVB had 7,264 total story views in the Localhood program with over 3 million Google impressions, a 61.2% interaction rate and a 34.8% completion rate.

3. OCVB compounds its social media reach by working with influencers. This past year, Visit Oxnard has worked with travel and foodie influencers including: The National Park Travelers (733k followers), Tastemade (6.7 million followers), and The Chronic Explorer (101k followers), Somos Cowboys (58.9k followers), and Cowboys Can Fan (16.2k followers).

4. OCVB’s robust public relations strategy has, since July 1, 2023, resulted in earned coverage with top outlets including CNTraveler.com, AFAR.com, PureWow, aol.com, TorontoStar.com, DMagazine.com, OC Register, LA Daily News, LATimes.com, NBCLosAngeles.com, 10Best.com, SheBuysTravel.com, PacificSurfliner.com, VisitCalifornia.com, TriCountySentry.com, Pasadena Magazine, Smart Meetings Magazine, VC Star, VC Reporter and more. Broadcast and radio interviews/coverage on Good Morning America, KTLA 5 News, KEYT News, Spectrum News, KSBY, The Mambo in the Morning Show, The Super Cowboy Show and more. 10 5. The OCVB general tourism e-newsletter has 10,985 e-subscribers with up to a 58% average open rate (industry average is 20.4%). This e-newsletter is circulated at least bi-monthly to drive awareness to Oxnard’s latest hospitality news, seasonal articles and tourism business offerings.

6. Compared to FY 22/23, the metric for visitoxnard.com website users decreased by 8.7% to 494,687 users. Sessions decreased by 9.5% to 625,435 sessions, and pageviews were down 5.8% to 1,036,562 pageviews. This decrease in website engagement is largely due to substantial increases in cost per impression for paid media, with additional difficulties in accurately comparing year-over-year data with data collection shifting over to Google Analytics 4. Despite these slight downticks in overall viewership metrics, qualitative engagement is up with a 3% uptick in pages per session to 1.66 and a 44% increase in session duration to 2:10 minutes per page. This means that the traffic coming to the OCVB website is more highly engaged, which is believed to be a result of improved audience targeting and content updates that have been made throughout the year. The top 10 geographic referrals to visitoxnard.com during FY 23/24 were Los Angeles, Oxnard, San Jose, Dallas, Ventura, San Diego, Thousand Oaks, Tijuana, Las Vegas and Camarillo.

7. Over the past year OCVB optimized 8 webpages and moved toward a search engine optimization method of seeking qualitative Google ranking improvements by prioritizing high impact keywords, with +81 high priority keyword net ranking improvements as a result of webpage optimizations made. OCVB also added the following pages on their website: Channel Islands Harbor; Winter in Oxnard; Spring in Oxnard; Whale Watching; Channel Islands National Park; and Live Weekly Events, in addition to content updates across many blogs, directory listings and landing pages sitewide.

8. OCVB engaged in paid media programming through marketing agency Madden Media (campaign dates July 1, 2023 through June 30, 2024), resulting in omni-channel media placements meeting the following performance metrics: Google SEM/RLSA (leisure focused) 47,169 clicks and 8.99+ million impressions, Google SEM/RLSA (meetings focused) 47,169 clicks and 1+ million impressions, Google Video Distribution 844,909 views (340% of goal), Google Prospecting 10,723,702 impressions (141% of goal), Meta Prospecting 61,161 clicks and 4.43+ million impressions. OCVB also ran the following ads promoting Dallas Cowboys Training Camp: Google SEM/RLSA 13,401 clicks and 6+ million impressions and Meta Prospecting 15,079 clicks and 1.1+ million impressions. Cumulatively, this programming resulted in 31.8+ million brand impressions and 685,974 brand engagements.

9. In addition to the digital marketing tactics noted above, OCVB participated in paid media placements, including display campaigns with Small Market Meetings (6,242 views, 366 clicks) and Seattle Met Magazine (94,509 impressions); dedicated e-marketing campaigns with Visit California (242k subscribers), Pasadena Magazine (7k subscribers) and Orange Coast Magazine; a banner ad with All About Local Ventura County promoting the 2024-2025 Visit Oxnard Visitor Guide and a Pinterest campaign promoting the designation of the Santa Barbara Channel as a Whale Heritage Area (156k impressions and 5.1k link clicks).

10. Visit Oxnard continued distribution of its 2024-2025 Visitor Guide, which launched in October 2023 with 60,000 copies in circulation to 532 locations throughout California, and locally in Oxnard hotels, restaurants and attractions, as well as direct-mailed to individuals requesting them.

11. OCVB ran print ads in Canada Travel Magazine (40k circulation), Dreamscapes (66.1k circulation), Pasadena Magazine (20k circulation), Orange Coast Magazine (38k circulation), Edible Magazine (50k readers), VC Reporter (14k circulation), SoCal Life Magazine (25k circulation), San Diego Magazine (205k+ circulation) and The Hotel Guide (24 million annual readership). In conjunction with paid print ads, OCVB also earned a placement for Oxnard as the cover story for the Summer 2024 edition of The Hotel Guide.

12. OCVB is greatly involved in industry relations to leverage opportunities for co-op programming. In FY 23/24, OCVB worked with Ventura County Lodging Association (VCLA) to maintain direct booking engine landing pages for visitoxnard.com, oxnard.org, thecollectionrp.com and several Oxnard events websites. These direct booking pages allow Oxnard hotels to generate revenue directly without paying third party fees. The visitoxnard.com direct booking page alone garnered 27.8k hotel listing views and 1.7k clicks to hotel websites in FY 23/24. This metric is separate and noninclusive of visitoxnard.com hotel listing page conversions, which measured 19,577 clicks to Oxnard business listings, 260 hotel registration inquiries and 1,300 clicks to call Oxnard businesses. OCVB also participated in the California Road Trips Guide (1 million circulation), Visit California Visitor Magazine (500k circulation) and Central Coast Map (200k circulation) as co-ops in partnership with Central Coast Tourism Council. 11 13. Because the Cowboys are a global name and a huge draw for interest in tourism to Oxnard, OCVB invests in a robust marketing plan to grow its audience with this devoted fan base. OCVB partnered with the Cowboys in developing a comprehensive marketing plan to drive awareness and attendance from local drive markets and in key out-of-state markets, alike, with the Cowboys developing creative assets on our behalf. Promotional tactics included live broadcast interviews on KTLA, KEYT and Spectrum News, radio interviews on Q95.9fm, outdoor advertising along Highway 101, targeted digital display and search engine marketing ads, print ads in the Dallas Cowboys Yearbook, VC Reporter and more, a robust social media calendar with supportive ad spend, Dallas Cowboys and Visit Oxnard co-branded promo merch, a Training Camp landing page at visitoxnard.com, daily VIP pass giveaways and onsite activations plus the organization’s third annual Oxnard Fan Night in partnership with The Collection, starring the Dallas Cowboys Cheerleaders, Cowboys Mascot Rowdy and Cowboys alum Drew Pearson.

14. OCVB accepted $1.5 million in ARPA funds to oversee destination marketing and management projects between fiscal years 2021-2022 and 2022-2023. Although the majority of these projects have concluded, OCVB continues to support the City by managing a promotional website for Oxnard’s film coordination and liaison efforts to attract major productions to Oxnard and drive economic activity. Another ongoing project, in coordination with Mayor Zaragoza’s gateway program, OCVB continues to serve in an advisory capacity for Oxnard’s citywide wayfinding system, the design of which has been completed, as the program heads into its installation phase with program administration and oversight by the City Manager’s office.

15. OCVB attended 10 group and leisure trade shows in FY 23/24, making connections with thousands of potential visitors and meeting planners. OCVB held appointments and promoted Oxnard at the following: Destinations California, Small & Boutique Meetings, NTA - Travel Exchange, CalSAE Seasonal Spectacular, Connect Marketplace, IPW and four separate leisure trade shows with Travel & Adventure Show. OCVB attends group and leisure trade shows to connect with target segments that align with Oxnard’s hotel offerings and generate business from qualified meeting planners and groups looking to book programs in Southern California and the Central Coast.

16. The OCVB team members hold memberships and participate in programming with many industry partners throughout our city, region, state and nation, serving on 5 boards of directors and participating in 12 committees, with organizations including: Oxnard Downtown Improvement District, West Ventura County Business Alliance, Ventura County Lodging Association, Central Coast Tourism Council, CalSAE, California DMO Alliance, California Travel Association, Visit California, Brand USA, U.S. Travel and Destinations International. In participating with industry partners, OCVB enjoys benefits such as: access to leveraged media opportunities, having a voice in shaping advocacy initiatives that impact the industry, access to industry insights and research and elevation of the Oxnard brand for consideration and inclusion in industry-led initiatives.

17. OCVB was also recognized for their efforts in FY 23/24 receiving the following awards from industry partners:
a. USA Today 10Best - No. 1 Best Beach in California - ‘olol’koy Beach Park 2024 b. USA Today 10Best - Best New Hotel in the U.S. - Zachari Dunes on Mandalay Beach 2024 c. Visit California Poppy Awards Finalist: Best Influencer Campaign: "A Taco Story" d. U.S. Travel ESTO Awards Finalist: Integrated Marketing Campaign: “A Taco Story” e. California Travel Association: Rising Star Award 2023 f. World Cetacean Alliance - Designation of The Santa Barbara Channel as a Whale Heritage Area Oxnard Tourism Marketing District ("OTMD")
Lodging business owners pursued formation of the OTMD in 2019 in order to create a dedicated revenue source devoted to marketing Oxnard as a tourist, meeting, and event destination. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses.

The OTMD includes all lodging businesses located within the boundaries of the City of Oxnard, except lodging businesses with fifty-four (54) rooms or less and RV parks. On March 5, 2019, City Council approved OCVB to form the Oxnard Tourism Marketing District (“OTMD”), which includes an annual assessment rate of one and one-half of one percent (1.5%) of gross room rental revenue in addition to the existing Transient Occupancy Tax (TOT), and other guest charges and fees. Despite the pandemic, the OTMD raised on average approximately $670,000 annually to be used directly to support tourism in Oxnard.

The OTMD renewal process concluded with 100% support from affected lodging businesses. As of April 1, 2024 the 12 OTMD district has been renewed with a 2% assessment with a 9 year, 3 month term. The OTMD is expected to generate approximately $990,0000 annually.

OCVB Agreement
Given all the demands on City funds, OCVB has found that the formation of the OTMD was a vital method to achieve the goals of the organization, while at the same time reducing the City's financial assistance. Since the OTMD funding is limited to marketing the specific lodging business paying into the OTMD, it is vital that the City provide direct funding to OCVB to ensure that Oxnard as a whole is promoted as a premier leisure and business travel destination.

The City Council approved a five-year agreement with OCVB on February 20, 2024. That agreement was effective July 1, 2024, and expires on June 30, 2029.

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

FINANCIAL IMPACT
There is no impact associated with this report. On February 20, 2024, the City Council approved an agreement with OCVB (Agreement No. 32400300) to receive the following financial contributions from the City's general fund:

1. FY 2024-25 $318,500 in year one, (current year)

2. FY 2025-26 $328,000 in year two,

3. FY 2026-27 $338,000 in year three,

4. FY 2027-28 $348,000 in year four, and

5. FY 2028-29 $358,500 in year five.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Ashley Golden, Assistant City Manager

ATTACHMENTS

1. OCVB Annual Report Presentation
13 Annual Report

14 1

Annual Report
Julie Mino Buffo
President & CEO
TEAM
Brittney Hendricks
VP of Marketing & Communications
Michelle Flippo
Operations & Sales Manager
Daniel Cabrera
Digital & Multicultural Marketing Manager
Elizabeth Maxim Melgoza
Director of Public Relations
Nino Blunt
Marketing & Office Coordinator
15 2 3 / 2 4 B OA R D & C O M M I T TE ES
Cal Travel Board Member
Cal Travel Communications Committee
Cal Travel Awards Committee Chair
California DMO Alliance Board Member
CalSAE Elevate Conference Committee
CalSAE Membership Committee
Central Coast Tourism Council Board Member
Central Coast Tourism Council Public
Relations Committee Chair
Destinations International Small DMO Committee
Oxnard Downtown District Identity &
Placemaking Committee
West Ventura County Business Alliance Board Member
West Ventura County Business Alliance Military
Appreciation Committee
Visit California Public Relations Committee
Visit California DMO Leadership Committee
Visit California Brand & Content Committee
Ventura County Coast Board Member
Ventura County Coast Tradeshow Committee
2 16
traordinary Board of Directors
Annual Report
3 17

Annual Report
Executive Committee
Steve Buenger, Chair
Marine Emporium Landing
Dolores Licon, Secretary
Homewood Suites
David Neel, Treasurer
Murphy Auto Museum
Ben Ly
Zachari Dunes on Mandalay Beach
Ashley Golden, City Manager’s Office
City of Oxnard
General Board
Millicent Bennett
Residence Inn by Marriott
Kristina Brewer
RE/MAX Gold Coast
Property Management
Joe Cabral
Best Western Oxnard Inn
Tony Dybeku
Waterside Restaurant
Juliana Finberg
The Collection at RiverPark
Adam Gonzalez
805Keto.com
Hutton John
The Haven at Whitesails
Nancy Lindholm
West Ventura County Business Alliance
Bryan MacDonald
Council Member, Oxnard
Stacy Miller
Stacy Miller Public Affairs
Mark Spellman
Lazer Media
Michael Tripp
Ventura County Harbor Department
Channel Islands Harbor
Brian Tucker, Board Advisor
Ventura County Coast
3 18
To promote and market Oxnard as a premier leisure
and business travel destination, bringing significant
economic and social benefits to our community.

Oxnard is a destination that offers value to those
seeking experiences in family, cultural, outdoor
adventure, and group travel.
4 19
Oxnard is California cool, panorama-perfect, culturally authentic, and vibrant beyond measure. We prioritize inclusivity, diversity, and representation in marketing, ensuring sensitivity to locals and residents.

Our commitment includes:
• Ensuring our brand promise is truthful and
accurate in its messaging
• Supporting local retail and hospitality businesses
• Building, maintaining, and growing positive relationships with local stakeholders and government officials
4 20
5 21
Oxnard’s array of hotels and
meeting spaces is already
great—and it’s growing!
Visit Oxnard works with and
actively promotes 7 hotel partners
with 1,161 rooms.
6 22

O WN E D M E D I A
7 23

O WN E D M E D I A
We b s i te M et r i cs
8 24

Annual Report
We b s i te M et r i cs
494K

1.0M
:41
625K

1.66 SESSIONS

PAGE VIEWS
USERS

PAGES/SESSION

AVG SESSION/MIN
22/23 23/24
691K

1.1M
FY/FY
541K

1.61 1:13 8
25 The Oxnard Weather forecast says it’s
sunny but, you’re curious about visibility.

L I V E C AM
9 26
10 27
S o cia l M e di a
7K Reach

1.7K Engagements
This team. These fans. This star. Never Give
Up!
Join us to kick off the 2023 Dallas
Cowboys Training Camp on July 28 from 4-6
p.m. at The Collection at RiverPark for Oxnard
Fan Night featuring stunning performances by
the Dallas Cowboys Cheerleaders.
77K+

COMBINED

FOLLOWERS
11 28
E ma i l M a r ket i n g
8%
CTR
58%

OPEN RATE
10,985

SUBSCRIBER
BASE
12 29

E AR NE D M E D I A
13 30
P re s s Tr i ps & O n li ne C ove r a g e
Kelcie Miller-Anderson
The Chronic Explorer, TED Talk 14
31 O n l i n e C ov e ra g e
15 32

I P W FA MI LI A RZ AT I O N TO UR
E A R N E D M E D I A 16
33 BR O A DC A ST & R A D I O C OV ER AG E
17 34

BR O A DC A ST & R A D I O C OV ER AG E
18 35
H o n o rs & Aw a r d s
19 36
‘OLOL‘KOY BEACH PARK (OXNARD BEACH PARK)
#1 BEST BEACH IN CALIFORNIA

FOR THE SECOND YEAR IN A ROW
~ USA Today’s 10Best Reader’s Choice Awards, 2024
20 37
H o n o rs & Aw a r d s
38 ZACHARI DUNES AT MANDALAY BEACH
#1 BEST NEW HOTEL IN THE U.S.
~ USA Today’s 10Best Reader’s Choice Awards, 2024
21 39
H o n o rs & Aw a r d s
40 SANTA BARBARA CHANNEL

RECOGNIZED AS A WHALE HERITAGE AREA
~ World Cetacean Alliance, 2023
22 41

PA I D M E D I A
23 42
A l wa ys o n Di g i ta l M e di a
24 43
Visit Oxnard
Plan Your Trip
Visit Oxnard
Learn More
Hollywood’s secret is out. Oxnard’s
picturesque coastline sets the scene
for your epic Southern California
vacation.
25 44
26 45
D i g i t a l
27 46
34 Visit Oxnard
Plan Your Trip
Visit Oxnard
Learn More
Beyond the beach is a treasure trove
of flavors to awaken your senses to
authentic cultural cuisines and fresh
seafood sensations.
28 47
29 S e a s on a l
48 S e a s on a l
30 31.8+M
BRAND

IMPRESSIONS
685,974
BRAND

ENGAGEMENTS
49 Impressions: 44,065 Clickthroughs: 473 Clickthrough Rate: 1.07% Engagements: 3,604 Engagement Rate: 8.2%
Rich Media
31 qp,
Clickthroughs: 151 Clickthrough Rate: 7.5% Open Rate: 11.08% Ta r g e t e d D i g i t a l
C a m p a i g n s w i t h
M e d i a Pa r t n e r s
50 P RI N T
32 51

P RI N T
33 52
34 53
35 54
CO
-OP
Visit CA 2024 California Visitor Guide
(Central Coast Co-Op)
– Circulation 500 K
Central Coast Tourism Council Visitors
Map 2024 – Circulation 200 K
Visit CA 2024 Road Trips Guide
(Central Coast Co-Op) – Circulation 1 M
Visit the USA Magazine
(Brand USA Co-Op) – Circulation 175 K
36 55

O U TD O O R
• Collection LED Billboard
• Highway 101 Billboard 37
56 M E E TI N G S &

T R A DE SH O WS
38 57
39 58
Destinations California
San Diego, CA
September 28-30, 2023
Small & Boutique Meetings
Tucson, AZ
November 7-9, 2023
NTA – Travel Exchange
Shreveport. LA
November 12-15, 2023
CalSAE – Seasonal Spectacular
Sacramento, CA
December 12-13, 2023
Travel & Adventure Show
Chicago, IL
January 13-14, 2024
Travel & Adventure Show
Denver, CO
January 20-21, 2024
Travel & Adventure Show
New York, NY
January 27-28, 2024
Travel & Adventure Show
Phoenix, AZ
February 17-18, 2024
Connect Marketplace
Las Vegas, NV
April TBD, 2024
IPW
Los Angeles, CA
May 3-7, 2024
2 0 2 3/24
T r a d e s ho w
S ch e d u le
40 59
41 O N G O I N G

P R OJ E C TS
60 42
F I LM

OX N ARD
61 C I T YW I D E WAYF I N DI N G P RO G RA M
43 62

S I G N AT UR E

E V E NT
44 63
45 64
PROMOTIONAL TACTICS INCLUDED:
★ Live broadcast interviews on KTLA, KEYT and Spectrum News ★ Radio interviews on Q95.9fm
★ Outdoor advertising along Highway 101
★ Targeted digital display and SEM ads
★ Print ads in the Dallas Cowboys Yearbook, VC Reporter and more ★ A robust social media calendar with supportive ad spend ★ Dallas Cowboys x Visit Oxnard branded promo merch
★ Training Camp landing page at VisitOxnard.com
★ Daily VIP Pass giveaways
46 65

LO O K I NG

FO RWARD
47 66
Four New Hotel Properties
featuring 543 new hotel rooms
coming soon!
48 67
49 68
69 70

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: October 29, 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 October 1, 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 10 01 2024 CC Regular Meeting
71 MINUTES

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
October 1, 2024
A. ROLL CALL, POSTING OF AGENDA
At 5:01 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council (concurrently with the Oxnard Housing Authority), 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, Gabriel (Gabe) Teran, Arthur Valenzuela, Mayor Pro Tem Bryan A.

MacDonald, and Mayor John C. Zaragoza were present.

Housing Authority Commissioner Jose Andrade was present and joined the meeting at 6:00 p.m. Housing Commissioner Vega was absent.

Councilmember Madrigal joined the meeting at 5:02 p.m., Basua arrived at 5:08 p.m., and Councilmember Valenzuela arrived at 5:27 p.m. Councilmember Madrigal left the meeting at 5:45 p.m. and returned at 6:45 p.m.

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)
Name of case: Teichert Energy & Utility Group, Inc. vs. City of Oxnard Ventura County Superior Court, Case No. 2023CUBC015960
Legislative Body: City Council
City Attorney Fischer read the following closed session statement:
"The City Council will recess to a closed session, pursuant to Government Code section 54956.9(d)(2), to confer with its attorneys. The matter being discusses is Teichert Energy and Utility Group, Inc. vs. City of Oxnard.

At 5:03 p.m., the City Council recessed into a closed session. At 5:33 p.m., the City Council 72 OCTOBER 1, 2024 OXNARD CITY COUNCIL PAGE 2
reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session for item C.1.

D. APPOINTMENT ITEMS (5:30 PM)

1. City Manager Department
SUBJECT: Community Relations Commission Annual Report.

RECOMMENDATION: That the City Council: 1) Receive a verbal Annual Report from the Community Relations Commission; and 2) Present a Proclamation Designating the Month of October 2024 as "Multicultural Festival Month" in the City of Oxnard.

Community Relations Commissioners Helaine Rochelle Stallion, Chair; Khalilah Durias, Vice Chair; Cynthia Gonzalez; Tiffany Lopez; and Meaghan T. Salas presented their annual report and provided a live presentation to Council. The commission reported on the power and the duties of the Community Relations Commission, the mission, community events, accomplishments, as well as their plans for the coming year. The members of the Community Relations Commission accepted the proclamation and followed with a few words. The annual report was received and filed; no formal action was required.

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

F. CEREMONIAL ITEMS

1. Presentation of Proclamation Designating the Month of October 2024 as "Breast Cancer Awareness Month."
Mayor Zaragoza read the proclamation and presented it to Denise S. Morehouse, Assistant Police Chief, who accepted the proclamation on behalf of the department and was proud to announce that this October, they will launch the seventh-consecutive campaign in the battle against breast cancer.

2. Presentation of a Proclamation Designating the Month of October 2024 as "Fire Prevention Month."
Mayor Zaragoza read the proclamation and presented it to Fire Chief Alexander Hamilton, who came to the dais to accept the proclamation on behalf of the department and said that they are committed to advancing public safety and uplift fire prevention by issuing smoke alarms to the residents of Oxnard.

3. Presentation of a Proclamation Designating the Month of October 2024 as "Domestic Violence Awareness Month."
73 OCTOBER 1, 2024 OXNARD CITY COUNCIL PAGE 3
Mayor Zaragoza read the proclamation and presented it to Oxnard Police Sergeant Dale McAlpine, Sergeant Scott Aaron, Detective Daniel Cosio, and Detective Juan Morales, members of the team, who came to the dais to accept the proclamation and spoke on the item on behalf of the department.

4. Presentation of a Proclamation Designating October 14, 2024 as "Indigenous People's Day."
Mayor Zaragoza read the proclamation and presented it to Melissa Parr Hernandez and Robin Redwater, who spoke on the family’s pride in their identity as indigenous people and celebrate the vast contributions of Indigenous communities. Oxnard State Beach Park was renamed to “Olol’koy Beach Park,” after the Chumash name for dolphin. Ms. Parr Hernandez accepted the proclamation and spoke on honoring Indigenous peoples' strength, courage, and resilience.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Ronald Arruejo, Chair of East Valley Neighborhood Council (election candidate forums), David Goodman (shopping carts complaint), and Steve Nash (United Water Conservation District candidate).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen provided the following community announcements and updates: 2024 Inaugural International PAL Boxing Championships - National PAL and Oxnard PAL present the International PAL Boxing Tournament on October 1-5, 2024; Multicultural Festival on October 2, 2024 at Plaza Park; and Paving the Pathways for Oxnard’s Future presentation by Dr.

Veronica Terriquez, at a special Oxnard City Council meeting on October 8, 2024.

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

AUTHORITY BUSINESS/COMMITTEE REPORTS

1. City Attorney Department
SUBJECT: Resolution in Support of Proposition 36: the Homelessness, Drug Addiction, and Theft Reduction Act.

RECOMMENDATION: That the City Council adopt a resolution in support of Proposition 36: the Homelessness, Drug Addiction, and Theft Reduction Act.

Police Chief Jason Benites and Andrew Gonzalez, Deputy City Attorney presented and answered questions. Public comments were received from Metzil Reyes, Tom Cady, Barbara Macri-Ortiz, Jacob Jundef, Vanessa Teran, Claudia Bautista, Ivan Vega, Dominick Velasquez, and Greg Runyon. Written comments were received from Regina K. Crawford, representative for Ventura County NAACP President and California Hawaii NAACP Central Area Director; Debbie Mitchell; and Angie Wiggins. The report was received and filed; no formal action was 74 OCTOBER 1, 2024 OXNARD CITY COUNCIL PAGE 4
taken at this time.

J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L-5 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 September 3, 2024, regular meeting as presented.

2. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements and Fund Balances for the Month of July 2024.

RECOMMENDATION: Staff recommends that the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the month of July 2024.

3. Finance Department
SUBJECT: Monthly Investment Report as of August 31, 2024.

RECOMMENDATION: This is an information item for the City Council to receive and file.

4. Public Works Department
SUBJECT: Public Project Agreement 32500146 with United Storm Water, Inc. for Storm Drain Catch Basin Trash Excluder Project, Fiscal Year 2024-2025, Specification No. PW 24-92.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $524,042 in Project funds for the Storm Drain Catch Basin Trash Excluder Project, Specification No. PW 24-92;

2. The Mayor to execute an Agreement with United Storm Water, Inc. in the amount of $436,702 and a project contingency amount of $43,670 (10%) for a total not to exceed value of $480,372 for the Project; and

3. A Project allocation amount of $43,670 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was 75 OCTOBER 1, 2024 OXNARD CITY COUNCIL PAGE 5
previously approved by the City Council.)

5. Community Development Department
SUBJECT: Request for a Zone Change to adopt the proposed Affordable Housing Discretionary (AHD) Additive Zone for the project site; Property Located at 2151 Lockwood Street, APN 213-0-090-275; Project Name: Lockwood III Apartments.

RECOMMENDATION: That the City Council approve for second reading (by title only and waive further reading) and adopt Ordinance No. 3050 -- An Ordinance of the City Council of the City of Oxnard approving Planning and Zoning Permit No. 22-570-01 (Zone Change) to change the zoning of the project site from Business Research Park (BRP) to Business Research Park - Affordable Housing Discretionary (BRP-AHD), subject to certain findings.
(This item originated from a Public Hearing at the City Council meeting of September 17, 2024, and was previously heard by the Planning Commission; therefore, this item did not originate in Committee.)
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

M. REPORTS

1. Housing Department
SUBJECT: Acceptance of $500,000 United States Department of Housing and Urban Development's (HUD) Choice Neighborhoods Planning Grant Award.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,829 authorizing the City Manager, or his designee to:
a. execute the Fiscal Year 2024 Choice Neighborhoods Planning Grant Agreement for an amount of $500,000, as a co-grantee, on behalf of the City of Oxnard; and
b. execute all documents necessary for the acceptance of the Fiscal Year 2024 Choice Neighborhoods Planning Grant.

2. Authorize a FY 2024-25 budget appropriation in the amount of $250,000 from the General Fund (101) available fund balance, and transfer to the City Housing Authority, and authorize the City Manager, or his designee to take all actions necessary to effectuate the transfer.

That the Board of Commissioners:

1. Adopt Resolution No. H.A. 1347 authorizing the Executive Director, or his designee to:
76 OCTOBER 1, 2024 OXNARD CITY COUNCIL PAGE 6
a. execute the Fiscal Year 2024 Choice Neighborhoods Planning Grant Agreement in the amount of $500,000, as the lead grantee, on behalf of the Housing Authority of the City of Oxnard; and
b. execute the HUD-1044 form and all other documents necessary for the acceptance of the Fiscal Year 2024 Choice Neighborhoods Planning Grant. (This item did not originate in Committee because it is a continuation of an item previously approved by City Council.)
Legislative Body: City Council and Housing Authority.

Emilio Ramirez, Housing Director presented and answered questions. No public comments were received.

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

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

2. Public Works Department
SUBJECT: Agreement 32500107 with Synagro West, LLC for Biosolids Hauling Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Synagro West, LLC in the amount not to exceed $10,000,000 with an initial term of one year from November 1, 2024 to October 31, 2025, with the option for four consecutive one-year period extensions that shall not exceed a total of five years for a final term ending October 31, 2029 for biosolids hauling services for the Wastewater Division.
(As of the date of this City Council agenda being posted, there is not yet an outcome from the September 24, 2024 Public Works and Transportation Committee. Staff is available to answer any questions.)
Michael Wolfe, Public Works Director and Timothy Beaman, Assistant Public Works Director presented and answered questions. No public comments were received.

It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and 77 OCTOBER 1, 2024 OXNARD CITY COUNCIL PAGE 7
Zaragoza voted in favor; motion passed 7-0.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:12 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
78 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: October 29, 2024
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Monthly Investment Report as of September 30, 2024.

RECOMMENDATION
This is an information item for the City Council to receive and file.

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

DISCUSSION
The City’s total cash and investment position as of September 30, 2024 was $433.2 million, with $11.2 million in cash accounts and $422.0 million in investments, as summarized in the table below. 79 Statutory Compliance
All investment transactions have been executed in conformance with the City’s investment Policy and the California Government Code. The table below represents the City’s investment portfolio as of September 30, 2024, by authorized investment and duration for a total portfolio amount of $422.0 million.

Portfolio Trends
The cash and investment position, excluding the Successor Agency account, as of September 30, 2024, increased by $2.5 million compared with the prior month, as part of the City’s regular operations activities. The trend for the cash and investment position is represented in the following chart.

The California Government Code and the City’s investment policy defined the eligible investments that the City can purchase to allocate surplus funds. The table below summarizes the City’s investment portfolio by investment type. The individual investments included under each investment type are included as an attachment to this report. 80 The chart below represents the City’s investment portfolio classified by days until maturities from September 30, 2024.

Pooled investments in LAIF and Ventura County Investment Pooled provide immediate liquidity to support cash flow needs of the City, and are included in the maturity group 0 to 30 days.

The chart below represents the City’s average return on investments, alongside with three-year Treasury bill and the LAIF Pooled Monthly Investment Account (PMIA) average Monthly Effective Yields, as benchmarks for the City’s portfolio.
81 STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in a Committee.

Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. City of Oxnard Monthly Investment Report September 2024

2. September 2024 Investment Report Presentation
82 83
84 85
86 87
88 89
90 City of Oxnard
Monthly Investment Report
as of September 30, 2024
October 29, 2024
City Council
Presented by:

Javier Chagoyen-Lazaro, City of Oxnard
Chief Financial Officer
91 Recommendation 2
That The City Council receive and file the City of Oxnard Monthly Investment Report as of September 30, 2024.
92 City of Oxnard Cash and Investment as of September 30, 2024 Discussion 3
93 Discussion 4
Authorized Investment
at Market Value
Allowable
Threshold
($ million or %)
Under
1 year
1-3
years
Over 3
years
Total
Average
Yield to
Maturity
Portfolio
%
LAIF $75.0 $72.00 $- $- $72.0 4.58% 17.06%
VCIP n/a 33.3 - - 33.3 4.34% 7.88%
Federal Agencies n/a 50.4 190.3 18.0 258.8 2.33% 61.32% Medium Term Notes 30% 17.7 23.3 1.0 42.0 2.40% 9.96%
Supranational 20% 1.0 - - 1.0 0.52% 0.23%
Treasuries n/a 14.95 - - 15.0 5.33% 3.54%
Total Investment $189.3 $213.7 $19.0 $422.0 2.97% 100%
*Total may not add due to rounding
Investment Compliance
94 Cash and Investment Trend
Discussion 5
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
Jun-23 Sep-23 Dec-23 Mar-24 Jun-24 Jul-24 Aug-24 Sep-24 Millions
Cash and Investment Position
Par Value Investment. VCIP LAIF Cash
95 Discussion 6
-
20 40
60 80
100
120
140
0 - 30 days 31-180 days 181-365 days 365-730 days 731-1096 days > 1096 days Millions
Portfolio Maturity as of September 30, 2024
96 Discussion 7
Investment Return Trend

2.07%

2.50%

2.94% 2.97%

2.83%

3.17%

4.58% 4.58%

3.81%

4.49%

3.79% 3.58%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Mar 2023 Jun 2023 Sep 2023 Dec 2023 Mar 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
97 Recommendation 8
That The City Council receive and file the City of Oxnard Monthly Investment Report as of September 30, 2024.
98 9
Questions / Discussion
99 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: October 29, 2024
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Public Project Agreement 32500211 with Square Signs, LLC for the Gateway Monument Project, Specification No. CM 24-05.

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $315,720.15 in Project funds for the Gateway Monument Project, Specification No. CM 24-05;

2. The Mayor to execute an Agreement with Square Signs, LLC in the amount of $263,100.15 for the Project;

3. A Project contingency amount of $26,310 (10%) with Square Signs, LLC for a total not to exceed value of $289,410.15 for the Project;

4. A Project allocation amount of $26,310 for engineering, inspection, survey and project management for the project; and

This item did not originate in Committee as this is one of the four gateway monument signs approved by City Council in June 2023.

BACKGROUND
The Mayor’s Gateway Project was spearheaded by the Mayor’s Gateway Task Force, consisting of six community members representing the business community, tourism, education, and youth. The Task Force worked collaboratively with the Mayor and City Staff to identify locations and develop unique designs for four (4) gateway monuments at various entry points in Oxnard. In June 2023, the City Council approved the four gateway monument designs and locations, and authorized the City Manager to move forward with implementation of the first gateway monument located in South Oxnard.

The Project scope consists of the construction of one (1) gateway monument sign located at the intersection of South Oxnard Boulevard and Pleasant Valley Road, acting as an entry point to the City from the south. This is the first of four proposed gateway monuments in the City through the Mayor’s Gateway Project approved by City Council in June 2023.

The work includes fabrication and installation of a 40’ entryway monument with illumination showcasing the word “OXNARD”, utility adjustments and connections, restoration of asphalt concrete pavement, and all other associated work.

DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on August 29, 2024, and all bids were due on September 25, 2024. The City received the following bids:
100

1. Square Signs, LLC: $263,100.15

2. CB&G Sign Solutions: $738,500.00
The lowest responsive bidder is Square Signs, LLC. Following this determination, procurement staff reviewed all documentation received from Square Signs, LLC and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Square Signs, LLC.

In addition to the project award amount of $263,100.15, Staff recommends authorizing $53,620 for the project, which includes $26,310 for project contingency (10% of the contract costs) and $26,310 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $315,720.15.

The work is tentatively scheduled to begin in November 2024. Absent any delays for supply chain issues, unforeseen site conditions or weather, the project should be completed in January 2025. Staff will work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.

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

FINANCIAL IMPACT
The total cost for this Project is $315,720.15 which includes the construction agreement, contingency and project allocation. Approval of the recommended action will appropriate $315,720.15 and recognize the corresponding transfer in revenue in the Capital Outlay Fund (301). There is sufficient FY2024-25 General Fund (101) appropriation available in the City Manager's operating budget to fund the transfer to the capital project.

For Finance Use Only: Capital Outlay Fund (Org. 3011401 Obj. 49300/53200, 56XXX) Project C25XX

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Agreeement 32500211 Gateway Monument CM 24-05R
101
Agreement No. 32500211
1 CONSTRUCTION CONTRACT FOR

GATEWAY MONUMENT PROJECT (REBID)
SPECIFICATION NO. CM 24-05R

BY AND BETWEEN

THE CITY OF OXNARD AND

Contractor’s license number is 1053708. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the City requires construction of the GATEWAY MONUMENT PROJECT (REBID) as more fully described in the bid package issued by the City for SPECIFICATION NO. CM 24- 05R (the “Project”); and
WHEREAS, on August 29, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized Limited Liability Company in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
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2 A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:

1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Special Provisions

7. General Provisions

8. Appendices

9. Plans

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS
A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).

B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

C. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly 103
Agreement No. 32500211
3 store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.

F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.

1. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.

4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A or C-45 Contractor’s license issued by California State Contractors License Board.

This project requires a specialty item, which is a 40 foot tall sign with internal lighting, also known as a "gateway monument sign." The City requires the sign fabrication be performed by a C-45 licensed entity.

B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.

C. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.

D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Two Hundred Sixty-Three Thousand One Hundred dollars and Fifteen Cents, ($263,100.15) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
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Agreement No. 32500211
4 B. Procedures relating to payment and retention are set forth in the Special Provisions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of sixty (60) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply.

1. In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.

2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).

B. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy-five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract Code Section 20104.2 and the provisions of this Section shall apply.

1. In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government 105
Agreement No. 32500211
5 Claims Act (Government Code section 810 et seq.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.

5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.

8. TERMINATION OF AGREEMENT FOR CONVENIENCE
A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.

B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:

1. Immediately discontinue the Work to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.

3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.

4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
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6 C. Upon such termination, the Contractor will be paid without duplication for:

1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;

2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

9. TERMINATION FOR CONTRACTOR’S DEFAULT
A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:

1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;

2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;

3. disregards written instructions from the City or materially violates provisions of the Contract Documents;

4. fails to prosecute the Work according to the schedule approved by the Engineer,

5. disregards laws or regulations of any public body having jurisdiction, or

6. commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.

B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
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Agreement No. 32500211
7 1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;

2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and

3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

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

B. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 10 and the provisions of Exhibit “A”, the terms of this Section 10 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 10.

1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
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Agreement No. 32500211
8 a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

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

3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section.

If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

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

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

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

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

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

2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) 109
Agreement No. 32500211
9 hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

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

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

11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of FIVE HUNDRED TEN DOLLARS ($510) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

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

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

14. INSURANCE
Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-E attached as Exhibit B to this Contract.

15. [RESERVED]
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10 16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.

17. INDEMNIFICATION
A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

1. Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

2. Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

3. In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents, volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous 111
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11 substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.

B. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.

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

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

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

20. REPORTS; BOOKS AND RECORDS; AUDIT
A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager shall have full and 112
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12 free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.

21. NONDISCRIMINATORY EMPLOYMENT
A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.

B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.

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

B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.

C. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

24. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any 113
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13 uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

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

TO CITY: City of Oxnard
905 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: Square Signs LLC dba Front Signs
3520 Valhalla Drive
Burbank, CA 91505
B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

C. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

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

28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor 114
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14 and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

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

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

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

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

33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein. 115
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15 35. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

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

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

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

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

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

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

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

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

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17 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD SQUARE SIGNS, LLC

☐ John C. Zaragoza, Mayor1 Date Gevorg Hambardzumyan, Manager 2 Date ☐ Purchasing Agent

Shushan Hambardzumyan, Manager Date
ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen Fischer Date
City Attorney

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 118
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18 EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-E: Insurance Requirements.

Exhibit C: Iran Contracting Act Certification Form completed by Contractor.

Bonds
The corresponding exhibits and forms contained within follow. 119

EXHIBIT A
120
121
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EXHIBIT B

INSURANCE EXHIBIT INS-E

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 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. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.
e. 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-E. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before 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-E 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. 123
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Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

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

INS-E.doc
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

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
[x] 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
SA [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, Course of Construction Insurance Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project

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

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the “City”) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE
GENERAL LIABILITY □ COMMERCIAL GENERAL LIABILITY □ COMPREHENSIVE GENERAL LIABILITY □ OWNERS & CONTRACTORS PROTECTIVE □ Claims Made Retroactive Date □ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH
OCCURRENCE AGGREGATE □ GENERAL □ PRODUCTS/COMPLETED OPERATIONS □ PERSONAL & ADVERTISING INJURY □ FIRE DAMAGE □ □
Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as 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, “occurrence” form CG0001; or a. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
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126

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the “City”) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

Name:

Address:

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
127

EXHIBIT C
128
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 GATEWAY MONUMENT PROJECT (REBID) SPECIFICATION NO. CM 24-05R.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors 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 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 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.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 129
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 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:

(Seal)

“Surety”
By:

Its:

By:

Its
(Seal)
Notes: 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. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
130
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 GATEWAY MONUMENT PROJECT (REBID) SPECIFICATION NO. CM 24-05R.

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 Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS 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, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 131
Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
By:

Its:

(Seal)

“Surety”
By:

Its:

By:

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: October 29, 2024
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Public Project Agreement 32500212 with Square Signs, LLC for the Citywide Wayfinding Sign Program Specification No. CM 24-132.

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $608,169.13 in Project funds for the Citywide Wayfinding Sign Program Project Specification No. CM 24-132;

2. The Mayor to Execute an Agreement with Square Signs, LLC in the amount of $506,807.61 for the Project;

3. A Project contingency amount of $50,680.76 (10%) with Square Signs, LLC for a total not to exceed value of $557,488.37 for the Project; and

4. A Project allocation amount of $50,680.76 for engineering, inspection, survey and project management for the Project.

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

BACKGROUND
The current wayfinding system in Oxnard was implemented in the early 2000s and has not been properly maintained or updated to reflect current destinations. In Spring 2022, the City Council approved American Rescue Plan Act (ARPA) funds for the Oxnard Convention & Visitors Bureau (“Visit Oxnard”) to modernize and update the citywide wayfinding program in coordination with the City. This was intended to provide aid to Oxnard’s hospitality industries and businesses impacted by COVID-19’s closures by investing in an upgraded wayfinding information system. In February 2024, the City Council approved the Citywide Wayfinding Program, including the overall design and prioritized implementation plan with the remaining ARPA funds. The Project scope consists of the fabrication and installation of directional vehicular wayfinding signage across the City and the removal of existing wayfinding signage.

CIP Reference
Project No. G2214 – Citywide Wayfinding Program CM 24-132 - CIP 2020-2025 - Adopted June 16, 2020 – Page 108.

DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on September 5, 2024, and all bids were due on September 26, 2024. The lowest responsive bid was based on the total base price submitted without considering additive items. The City received the following bids:

1. Square Signs, LLC: $405,414.82

2. TFN Architectural Signage, Inc.: $1,286,221.76
133

3. CB&G Sign Solutions: $2,420,589.94
The lowest responsive bidder is Square Signs, LLC. Following this determination, procurement staff reviewed all documentation received from Square Signs, LLC. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Square Signs, LLC.

The base bid of the project included the work items to furnish and install 54 vehicular directional signs citywide and the removal of 38 existing signs. Additionally, the bid packet requested pricing from bidders on possible additive items.

These are items that, at the time of putting out the bid packet, staff was not certain would be possible due to limited project funding. There were a total of 5 additive items. Additive items 1-2 were for an additional nine (9) vehicular directional signs citywide and additive items 3-5 were for seven (7) secondary gateway (“City of Oxnard”) signs.

Based on available budget, the Project Manager recommends Council approve the project including the base bid and all additive items. The cost of the additive items is $101,392.79. In addition to the project award amount of $506,807.61 (includes the base bid of $405,414.82 plus all additive items of $101,392.79), Staff recommends authorizing $101,361.52 for the project, which includes $50,680.76 for project contingency (10% of the contract costs) and $50,680.76 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $608,169.13.

The work is tentatively scheduled to begin in November 2024 and continue into February 2025 absent any delays for supply chain issues, unforeseen site conditions or weather. General project information will be disseminated to help keep the public informed as well.

FINANCIAL IMPACT
The total cost for this Project is $608,196.13 which includes the construction agreement, contingency and project allocation. The Citywide Wayfinding Sign Program Project CM 24-132 has an available project budget balance of $765,428.64 from the American Rescue Plan Act Fund.

For Finance Use Only: American Rescue Plan Act Fund (Org. 2041401 Obj. 53200) Project G2214

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Agreeement 32500212 Citywide Wayfinding Sign CM 24-132 134
Agreement No. 32500212
1 CONSTRUCTION CONTRACT FOR

CITYWIDE WAYFINDING SIGN PROJECT
SPECIFICATION NO. CM 24-132

BY AND BETWEEN

THE CITY OF OXNARD AND

SQUARE SIGNS LLC DBA FRONT SIGNS
THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and SQUARE SIGNS LLC DBA FRONT SIGNS (“Contractor”). Contractor’s license number is 1053708. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the City requires construction of the CITYWIDE WAYFINDING SIGN PROJECT as more fully described in the bid package issued by the City for SPECIFICATION NO. CM 24-132 (the “Project”); and WHEREAS, on September 5, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized Limited Liability Company in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:
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Agreement No. 32500212
2 1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Special Provisions

7. General Provisions

8. Appendices

9. Plans

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS
A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents.

Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately 136
Agreement No. 32500212
3 caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.

1. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.

4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A or C-45 Contractor’s license issued by California State Contractors License Board.

B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.

D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Five Hundred Six Thousand Eight Hundred Seven Dollars and Sixty-One Cents, ($506,807.61) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

B. Procedures relating to payment and retention are set forth in the Special Provisions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of one hundred thirteen (113) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted 137
Agreement No. 32500212
4 all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.

2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.

5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.

8. TERMINATION OF AGREEMENT FOR CONVENIENCE
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5 A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.

B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:

1. Immediately discontinue the Work to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.

3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.

4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

C. Upon such termination, the Contractor will be paid without duplication for:

1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;

2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and

3. Reasonable expenses directly attributable to termination.

If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;

2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;

3. disregards written instructions from the City or materially violates provisions of the Contract Documents;
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Agreement No. 32500212
6 4. fails to prosecute the Work according to the schedule approved by the Engineer,

5. disregards laws or regulations of any public body having jurisdiction, or

6. commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.

1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;

2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and

C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. 140
Agreement No. 32500212
7 1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

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

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

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

2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of 141
Agreement No. 32500212
8 this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

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

11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of TWO THOUSAND DOLLARS ($2,000) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

15. FEDERAL GRANT CONTRACT PROVISIONS
Contractor acknowledges that the Project is being funded in part with This Project is funded in full or in part with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA), and further acknowledges and agrees to the provisions in the “Federal Grant Contract 142
Agreement No. 32500212
9 Addendum” attached to this Contract as Exhibit “E” and incorporated by reference as if fully set forth herein.

The “Master Grant Agreement” is attached to the Contract as Exhibit “F” and incorporated by reference as if fully set forth herein.

A. ACCESS TO RECORDS. (1) The Contractor agrees to provide the City of Oxnard, FEMA administrator, ARPA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Contract. (4) In compliance with the Disaster Recovery Act of 2018, the City of Oxnard and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

B. SEAL, LOGO AND FLAGS. The Contractor shall not use the DHS seals(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

C. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the Contract.

The Contractor will comply with all applicable Federal laws, regulations, executive orders, and FEMA policies, procedures, and directives.

D. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the Contract.

E. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. Contractor must comply with the requirements of the The False Claims Act (31 U.S.C. 3729-3733) which prohibits the submission of false or fraudulent claims for payment under a Federal grant funded project. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract.

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

3. In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.

18. THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time.

The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

19. CONFLICTS OF INTEREST
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Agreement No. 32500212
11 The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”

20. REPORTS; BOOKS AND RECORDS; AUDIT
A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and the parties specified in Article V of the Master Agreement referenced in Section 15 of this Contract and attached hereto as Exhibit “F”, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.

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

23. ENTIRE AGREEMENT
A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. 145
Agreement No. 32500212
12 B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.

Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

TO CITY: City of Oxnard
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: Square Signs LLC dba Front Signs
3520 Valhalla Drive
Burbank, CA 91505

B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

C. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation. 146
Agreement No. 32500212
13 28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

35. GOVERNING LAW
147
Agreement No. 32500212
14 The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

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

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
148
Agreement No. 32500212
15 Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.

44. ATTORNEY'S FEES
If either Party commences an action against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. [END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
149
Agreement No. 32500212
16 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD SQUARE SIGNS, LLC

☐ John C. Zaragoza, Mayor1 Date Gevorg Hambardzumyan, Manager 2 Date ☐ Purchasing Agent

Shushan Hambardzumyan, Manager Date
ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen Fischer Date
City Attorney

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 150
Agreement No. 32500212
17 EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-G: Insurance Requirements.

Exhibit C: Reserved.

Exhibit D: Disadvantaged Business Enterprises (DBE) and First Tier Subcontractors Form and Instructions.

Exhibit E: Federal Grant Contract Addendum
Exhibit F: Grant Master Agreement
Bonds
The corresponding exhibits and forms contained within follow. 151

EXHIBIT A
152
153
154
* Corrections to mathematical caclulations submitted.

Contract award amount is $506,807.61 which is the total of corrected Base Amount $405,414.82 plus Additive Item 1 $54,448.05 plus Additive Item 2 $46,944.74. 155
Agreement No. 32500212

EXHIBIT B

EXHIBIT INS-G
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS (WITHOUT BUILDER’S RISK REQUIREMENT)

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

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

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).

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors.

Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/23
156
Agreement No. 32500212

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

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

INS-G.doc
157

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

CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

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 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED

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

AUTHORIZED REPRESENTATIVE
158

GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the ACity@)
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 NAMED INSURED coverage. ❒ Per Occurrence ❒ Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❒ in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

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

Name:

Address:

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.

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, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-G.doc
159

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the ACity@)
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 NAMED INSURED coverage. ❒ Per Occurrence ❒ Per Claim (which) 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.

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.

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
160

EXHIBIT C

RESERVED

161
CM 24-132 B 29 SECTION B
Bid Proposal Documents
SMALL / MINORITY / WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA

FIRM OUTREACH PLAN
Project Number: ___________________________
Contractor: ____________________________________________ Submittal #: ____________________________________________________ In this section, the Contractor is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE) and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.

1. Identify the items of work made available to S/M/WBEs and LSAs. Provide a description of the work items, approximate dollar amount and the percentage of the total Contract value.

Description of
Work Item
Contractor
Normally
Performs (Y/N)
Unbundled
from Larger
Scope (Y/N)
If Yes, List
Scope
Amount ($) Percentage of
Contract

2. Describe the outreach efforts to identify S/M/WBEs and LSAs on this Agreement, list agencies/associations/databases consulted and the date, method and result of the outreach efforts (examples include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Small Business Development Centers, DGS).

EXHIBIT D
162
CM 24-132 B 30 SECTION B
Bid Proposal Documents
Agency/Associati
on
Chamber/Databas
e Name
Contact Name Method of
Outreach (fax,
Email, Phone,
etc.)
Date of
Outreach
Response /
Outcome

3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEs and LSAs were solicited and had sufficient information about subcontracting opportunities on this Contract.

Include the date and method of the outreach efforts.

S/M/WB E
and LSA
Firm
Name
Contact
Name /
Title
Business
Type
(Small /
Minority /
Women)
Outreach
Method
(Fax,
Email,
Phone,
etc.)
Initial
Outreach
Date
Follow-Up
Date
Response
/
Interested
in Bidding
(Y/N)
163
CM 24-132 B 31 SECTION B
Bid Proposal Documents

4. Detail methods utilized to determine whether S/M/WBEs and LSAs were qualified:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

5. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEs and LSAs on this Agreement. Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEs and LSAs.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

6. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Agreement to promote S/M/WBE and LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEs and LSAs would be performing.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Note: USE ADDITIONAL SHEETS NECESSARY TO DEMONSTRATE RESPONSIVENESS. 164

EXHIBIT E
City of Oxnard Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA) Contract Addendum Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to the City of Oxnard by the US Department of Treasury under the American Rescue Plan Act (“ARPA”), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021).

The following terms and conditions apply to you, the contractor or vendor, as a contractor of the City of Oxnard, according to the City’s Award Terms and Conditions signed on May 11, 2021; by ARPA and its implementing regulations; and as established by the Treasury Department.

Certifications requiring signature from the Contractor follow at the end of this Document.

1. Equal Opportunity. Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Small and Minority Business, and Women’s Business Enterprises (if applicable to this Contract, see SBE/MBE/WBE/LSA form attached below)
Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:
a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;
b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;
d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; e. Using the services and assistance of the Small Business Administration, and the U.S.

Office of Minority Business Development Agency of the Department of Commerce; and 165
f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

2. Suspension and Debarment. (Applies to all purchases. See certification form attached below.)
(A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(C) This certification is a material representation of fact relied upon by the City of Oxnard. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

3. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended. (Applies to all purchases. See certification form attached below.) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

4. Access to Records. (applies to all purchases.)
(A) The Contractor agrees to provide the City of Oxnard, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The 166
Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

5. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

6. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708) (Applies only to purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours.

Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

7. Clean Air Act & Federal Water Pollution Control Act (Applies to purchases of more than $150,000.)
(A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Oxnard and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 167
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

9. Buy USA - Domestic Preference for certain procurements using federal funds.

Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products 168
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

10. Procurement of Recovered Materials: (Applies only if the work involves the use of materials)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. (C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

11. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

12. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

13. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers.

14. Davis-Bacon Act. (applies to projects over $2000)
(A) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (B) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (C) Additionally, contractors are required to pay wages not less than once a week. 169

15. Compliance with the Copeland “Anti-Kickback” Act. (applies when Davis-Bacon Act is required)
(A) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(B) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(C) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
170
171
172
173
CM 24-132 Grant Documents Master Agreement

EXHIBIT F
Grant Master Agreement
1 174
CM 24-132
2 Grant Documents Master Agreement
175
CM 24-132
3 Grant Documents Master Agreement
176
CM 24-132
4 Grant Documents Master Agreement
177
CM 24-132
5 Grant Documents Master Agreement
178
CM 24-132
6 Grant Documents Master Agreement
179
CM 24-132
7 Grant Documents Master Agreement
180
CM 24-132
8 Grant Documents Master Agreement
181
CM 24-132
9 Grant Documents Master Agreement
182
CM 24-132
10 Grant Documents Master Agreement
183
CM 24-132
11 Grant Documents Master Agreement
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CM 24-132
12 Grant Documents Master Agreement
185
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 CITYWIDE WAYFINDING SIGN PROJECT SPECIFICATION NO. CM 24-132.

NOW, THEREFORE, we, the undersigned Principal, and

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall 186
become null and void; otherwise, it shall be and remain in full force and effect.

Dated:
“Principal”
By:

Its:

(Seal)

“Surety”
By:

Its:

By:

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 CITYWIDE WAYFINDING SIGN PROJECT SPECIFICATION NO. CM 24-132.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 188
Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
By:

Its:

(Seal)

“Surety”
By:

Its:

By:

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: October 29, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32500151 with Filippin Engineering, Inc. for Construction Management Services for Ventura Road and Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Filippin Engineering, Inc. in the amount of $415,947.64 with a term from November 1, 2024, to June 30, 2026, for construction management services for Ventura Road and Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)

BACKGROUND
As part of the 2016 Integrated Master Plan the sewer collection system was inspected to identify aging and damaged infrastructure. The Master Plan identified the following locations:
• Ventura Road: 3,100’ between Doris Ave and Little Farm Road • Rice Avenue: 1,900’ between Latigo Ave and Camino Del Sol By proactively replacing aging infrastructure the Wastewater Division will prevent spills and emergency repairs that occur when broken pipes result in voids underneath roads. Due to staff workload and the scale of this project a construction management consultant will be engaged to provide full-time engineering and inspection. To meet this need, the Wastewater Division solicited for a consultant with well-documented construction management experience to provide full-time staffing on a contracted basis to manage the extensive construction operations.

Capital Improvement Project (CIP) Reference:

Project No. C2309 – Wastewater Collection: Gravity Main Improvements - CIP 2025-2029 - Adopted June 4, 2024 –

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DISCUSSION
The specific work for this project includes construction management services for the Ventura Road and Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119. The consultant is tasked with the following:
• Coordinate with the City’s Project Manager on the Project and be the point of contact for the Contractors. • Develop the pre-construction meeting agenda and lead the meeting, notifying all parties prior to the meeting of the time and location of the meeting.
• Coordinate with the Contractor prior to mobilization and coordinate a pre-construction field meeting. 190
• Develop the weekly project progress meeting agendas and hold project progress meetings. • Maintain all document management control logs of RFIs, Submittals, Potential Change Orders, etc. on a webbased document management system. Develop a digital copy of all project documentation at the end of the project and submit it to the City’s Project Manager.
• Submit and coordinate all Contractors’ submittals with the Design Engineer for approval prior to construction. • Perform daily inspection of the entire construction process, ensuring conformance with the Contract Documents full-time when the Contractor is on-site.
• Record all deficiency work and coordinate the corrective work with the Contractor if needed. • Review all Contractor Change Order Requests against the Contract Documents for entitlement. Provide a recommendation of acceptance.
• If recommended, review all Contractor Change Order Requests hereafter, for general accuracy, compliance with the City’s General Provisions specification and industry standards regarding format, pricing, and overhead percentages.
• Review and process the Contractor’s pay requests.
• Coordinate State Revolving Fund (SRF) compliance
• Review Contractors Project Schedule and provide recommendations for acceptance or revisions. • Review As-Built / Record drawings as developed by the Contractor for accuracy and approve for submission to the design engineer.
• Review and process O&M and spare parts with the Contractor and City Staff.

The request for proposals (RFP) for the project was published on May 29, 2024, and all were due on July 16, 2024. The City received four proposals, with all deemed complete and responsive. These were then reviewed by three staff members consisting of the Wastewater Division Manager, Senior Engineer, and the Project Manager.

Filippin Engineering, Inc. (Filippin) was selected as the most qualified firm to provide construction management services for the Ventura Road and Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119. The selection was based on the firm’s sewer construction experience, understanding of the Engineering Division's needs, and a dedicated local presence. Staff has confirmed that Filippin 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.

FINANCIAL IMPACT
The total cost of this Agreement with Filippin Engineering, Inc. shall not exceed $415,947.64 for professional construction management services for the Ventura Road and Rice Avenue Sewer Main Replacement Project. There is sufficient project budget (C2309) available in the Wastewater Capital Fund (612), funded from the Wastewater Operating Fund (611), to cover the cost of this agreement.

For Finance Use Only: Wastewater Capital Fund (Org. 6123610 Obj. 49300/56270, 56050); Wastewater Operating Fund (Org. 6111001 Obj. 59800) Project C2309

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

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS
191

1. Agreement 32500151
192
Agreement No. 32500151
1 CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND FILIPPIN ENGINEERING, INC.

By This CONSULTANT/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the Services of Filippin Engineering, Inc. (“Consultant”), and CONSULTANT agrees to perform the Services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”

1. [RESERVED]

2. SUMMARY DESCRIPTION OF SERVICES. Construction Management Services for Ventura Road and Rice Avenue Sewer Main Replacement Project

3. 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 Filippin Engineering, Inc (“CONSULTANT”), a corporation of the State of California, located at 354 S. Fairview Ave, Suite D, Goleta, CA 93117

4. TERM OF AGREEMENT: From: November 1, 2024 To: June 30, 2026

4.1 Time is of the essence in this Agreement.

4.2 This Agreement does not have any options to extend

4.3 [Intentionally Omitted]

4.4 All Services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $415,947.64.

6. AGREEMENT EXHIBITS.
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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-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

7. 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, CONSULTANT’s Services shall be performed or immediately supervised by the CONSULTANT’s Representative:

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Tim Beaman Name: Gino Filippin
Title: Assistant Public Works Director Title: President Phone:805-385-8141 Phone: 805-729-0041
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):

8. CONTRACTUAL PREREQUISITES.

8.1 This Agreement must first be executed by the CONSULTANT, 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.

8.2 CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY.

8.3 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.

8.4 All proof of a CITY tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

8.5 CONSULTANT 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.
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9. CONSULTANT'S SERVICES.

9.1 CONSULTANT 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 13 of this Agreement.

9.2 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. CONSULTANT 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.

10. COMPENSATION.

CITY shall pay CONSULTANT for the Services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the CITY Council.

11. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONSULTANT 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.

11.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

11.2 Non-Appropriation of Funds. Payments to be made to CONSULTANT by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall 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.
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11.3 CONSULTANT’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by CONSULTANT and its employees, agents and subcontracted CONSULTANTs.

11.4 CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by CONSULTANT or materials or products provided to CITY by CONSULTANT, CONSULTANT shall pay the sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT.

12. 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 4.2 and 4.3 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 sections 4.2, then this Agreement shall not be extended.

13. 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 CITY Code, Sections 4-59 and 4-60.

14. 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 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

15. [RESERVED]

16. INDEPENDENT CONTRACTOR.
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CONSULTANT 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 CONSULTANT or any of its employees, except as stated in this Agreement.

CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any Services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all Services done on behalf of the CITY.

CONSULTANT and its employees, subCONSULTANTs, and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONSULTANT and its employees are not employees of CITY. CONSULTANT and its employees are not entitled to receive from CITY any of the benefits or rights afforded employees of CITY, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, subCONSULTANTs, or employees are in any manner agents, subCONSULTANTs, or employees of CITY.

17. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

18. SAFETY REQUIREMENTS.

CONSULTANT shall not perform any Services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work 197
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by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.

19. STANDARD OF PERFORMANCE; WARRANTY.

19.1 CONSULTANT agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the CONSULTANT agrees that it:
(1) Has thoroughly reviewed and considered the Services and work to be performed;
(2) Has reviewed the issues regarding the Scope of Services to be provided; (3) Has carefully considered how the Services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement.

20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONSULTANT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

20.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

20.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's 198
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Services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of Services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY.

20.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

20.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

20.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

20.6. Disclosure of Information. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

20.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
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Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22. NOTICE.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, CONSULTANT shall immediately defend, indemnify, and hold harmless the CITY, its officers, employees, representatives, (but not including the CITY’s construction contractors or other CONSULTANTS) and agents (the “CITY Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the CITY (collectively “Claims”) which may arise out of CONSULTANT'S negligence or willful misconduct in the performance of the Services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the CITY Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from CONSULTANT’S duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the meaning of California Civil Code 200
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section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such Services in accordance with the applicable provisions of the California Business and Professions Code.

23.3.1 Notwithstanding the provisions of Subsection 23.1 and 2 above, to the extent that the Services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the CITY Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the Services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection shall be construed to require CONSULTANT to provide indemnification for Claims caused by the active negligence or willful misconduct of the CITY Indemnitees, or any other party for whom CONSULTANT is not legally liable.

23.4 The CITY does not and shall not waive any rights that it may have against CONSULTANT under this Section, because of the acceptance by the CITY, or the deposit with the CITY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of Section 23, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

23.5 The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the expiration or any early termination of this Agreement.

23.6 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement.

CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 201
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24. INSURANCE.

CONSULTANT shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by CONSULTANT is a material element of this Agreement. CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard CITY Council Living Wage Policy, attached as “Exhibit E” to this Agreement, CONSULTANT will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

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

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

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

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage 202
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rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.

27. [RESERVED]

28. CONFLICT OF INTEREST.

CONSULTANT covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of CONSULTANT’s Services under this Agreement. CONSULTANT further covenants that in the performance of Services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY.

29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any Services under this Agreement, CONSULTANT shall obtain prior written consent from the CITY before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days.

Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a 203
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reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreedupon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. ASSIGNMENT.

This Agreement is for the professional Services of CONSULTANT. Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's Services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

33. CARE OF WORK
Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the CITY, CONSULTANT shall immediately inform the CITY of such fact and shall not provide any Services, except at CONSULTANT'S risk, until written instructions are received from the Project Manager.

34. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, CONSULTANT shall prepare and submit reports to the CITY concerning CONSULTANT's performance of the Services required by this Agreement.

35. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT, or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement. 204
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Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

36. ADVERTISING AND PUBLICITY
CONSULTANT shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

37. NONDISCRIMINATORY EMPLOYMENT.

CONSULTANT shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

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

38. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by CONSULTANT shall be construed to be both a covenant and a condition.

39. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 205
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40. FORCE MAJEURE.

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

41. GOVERNING LAW.

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

42. SEVERABILITY.

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

43. INTEGRATED AGREEMENT.

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

44. NO THIRD-PARTY BENEFICIARY.

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

45. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
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46. EXECUTION – COUNTERPARTS.

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

47. INCONSISTENT OR CONFLICTING TERMS.

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

48. CAPTIONS AND HEADINGS.

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

49. ACKNOWLEDGEMENT.

By signing below, CONSULTANT acknowledges that it has reviewed the CITY’S Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance.
[Signatures on next page]
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Oxnard City CouncilOctober 29, 2024

Oxnard City Council
October 29, 2024