Agenda packet — Oxnard City Council, December 3, 2024 (part 3 of 5)

332
IRA

N CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pur
suant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ Agreement No. 32500226

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND LSY ENTERPRISE, INC.

By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of LSY Enterprise, 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.”

RECITALS
WHEREAS, this Agreement is entered into as a result of the Restricted Grant Agreement (“RGA”) entered into between the City and the Department of Transportation (Caltrans) attached to this Agreement as Exhibit D and incorporated herein by this reference for General Project Engineering Services; and WHEREAS, per item 24c. in the RGA, Consultant shall adhere to any and all sections, items, attachments, and amendments of the RGA in additional to the terms of this Agreement and Exhibit E (grant funding requirements); and WHEREAS, in the event of any conflict between the terms of this Agreement and Exhibits D and E and any attachments, or amendments thereto, the terms of the RGA (exhibit D) and grant funding requirements (exhibit E) shall control; and WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, the specific services required under this Agreement will be requested on an as needed basis not all requested services under this agreement will be grant funded, therefore the provisions of Exhibits D & E shall apply to services that the city representative designates as grant funded; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide General Traffic Engineering Services on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,

AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND Agreement No. 32500223
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VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

2. SUMMARY DESCRIPTION OF SERVICES.

General traffic engineering services.

This Agreement is to provide the City with services that a Traffic Engineer would perform, which may include general professional traffic engineering services. Certain services performed will be will be grant funded and Consultant shall comply with the terms and conditions stated in the RGA identified in Exhibits D and E.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.

LSY Enterprise, Inc., a corporation/LLC/LLP of the State of California, located at 26032 Laguna Court, Valencia, CA 91355.

4. TERM OF AGREEMENT: From: December 4, 2024 To: December 3, 2027 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

D. 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: $1,500,000.

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6. AGREEMENT EXHIBITS . The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Restricted Grant Agreement
Exhibit E: Living Wage Policy
Exhibit F: Iran Contracting Certification

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
Name: Debbie O’Leary
Title: Transportation Planner
Phone: (805) 200-5283
Email: [email protected]
Address: 305 W. Third St., 3 rd Floor,
Oxnard, CA 93030
Consultant Designated Representative
Name: Andrew Yi
Title: Project Manager
Phone: (661) 510-0504
Email: [email protected]
Address: 26032 Laguna Court,
Valencia, CA 91355

8. CONTRACTUAL PREREQUISITES. 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.

A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.

B. 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.

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

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D. 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.

9. CONSULTANT’S SERVICES.

A. 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.

B. 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 and 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 and 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.

A. 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] .

B. 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 Agreement No. 32500223
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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.

C. 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.

D. 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.

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 an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement.

The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), 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. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.

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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. CALTRANS GRANT FUNDING REQUIREMENTS. The Request for Proposal for this Agreement included a Section that placed Consultant on Notice that the Agreement and associated Scope of Work is being funded in whole or in part grant funds in accordance with a Restricted Grant Agreement between the City of Oxnard and the California Department of Transportation. A Federal & State Funding Requirements Addendum for CalTrans Projects is attached in its entirety as Exhibit E and incorporated herein by this reference. Consultant herein agrees to and shall comply with all requirements and provisions of Exhibit E. To the extent there is a conflict in the terms of this Agreement and the terms in Exhibit E, the terms in Exhibit E shall control.

16. INDEPENDENT CONTRACTOR. 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 T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the Agreement No. 32500223
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benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.

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

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

19. STANDARD OF PERFORMANCE; WARRANTY. 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.

A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
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(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, RECORDS & WARRANTY. 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.

A. 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.

B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

C. 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.

D. 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 Agreement No. 32500223
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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.

E. 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.

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

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

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23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection b 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, 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.

A. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 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.
(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 b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. 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 this Section 23 shall apply regardless of whether said Agreement No. 32500223
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insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

C. 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.

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 F” 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 Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.

26. INTENTIONALLY OMITTED

27. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in Agreement No. 32500223
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investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit H.

28. 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.

29. 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.

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 reasonable time not to exceed forty five (45) days of a request.

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The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.

Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and 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. 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 Agreement No. 32500223
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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 the 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.

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.

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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 insure 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 the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.

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 No. 32500223
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Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and 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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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD LSY ENTERPRISE, INC.
☒ John C. Zaragoza, Mayor 1 Date Andrew Yi, Principal Date ☐ Jennifer Yates, Purchasing Manager 2
Ellen Yi, Date
Chief Financial Officer, 3
ATTEST:

Rose Chaparro, CITY Clerk Date
(Only if Mayor authorizes)
APPROVED AS TO FORM:

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

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

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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and LSY Enterprise, Inc.)

SCOPE OF SERVICES
PROJECT MANAGER: Debbie O’Leary/ 805-200-5283/ [email protected] Licensing and Professional Certification
Required:

1. California registered Civil Engineer and/or Traffic Engineer.

Scope of Services:

The following list includes anticipated tasks associated with this RFP, generally providing routine traffic engineering . Work will involve assisting with capital improvement and special projects. This list is not all inclusive.

1. Traffic calming conceptual planning and designs, including all-way stop, traffic signal warrant studies, circulation improvements, parking studies, neighborhood management plans, etc.

2. Traffic data collection including multi-modal traffic volumes, speed, origin-destination surveys, travel time and delays, parking utilization, etc.

3. Traffic speed survey analysis and engineering for establishing and updating speed limits

4. Traffic control design and plan review

5. Traffic feasibility studies and analysis for projects such as roundabouts, traffic circles, Class I and IV bike lanes, traffic signal improvements, etc.

6. Traffic design, preparing plans, specifications, and estimates for circulation improvement projects, including bicycle, pedestrian, roadway configuration, etc.

7. Traffic management plans and field support for special events or projects

8. Traffic signal design and plan review

9. Traffic signal timing and coordination

10. Traffic signal equipment upgrade and maintenance recommendations

11. Traffic signal technical support including trouble-shooting traffic management center software, equipment, systems design, etc.

12. Traffic signal intelligent transportation system evaluation and implementation

13. Traffic collision data review and evaluation

14. Traffic engineering development of transportation policies, guidelines, and updates
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15. Traffic engineering grant writing for federal, state, and regional funding programs

16. Traffic impact fee establishment and updates

17. Traffic engineering plan check review for private land development projects, including review of site plans, public improvements, traffic impact analysis, transportation modeling, etc., from initial submittal, providing written comments to the City, attending meetings with the City and private developer’s engineer, and final recommendation

18. Prepare and deliver presentations to the City Council, Public Works Transportation Committee, Planning Commission, and others

2.0 QUALIFICATIONS AND PROFESSIONAL REQUIREMENTS
The services and abilities required to successfully perform general traffic engineering services include, but are not limited to:

1. Traffic engineering work shall be performed by a California registered Civil Engineer and/or Traffic Engineer.

2. Understanding and application of Federal, State and City Engineering Standards, to include but not be not limited to: Institute of Transportation Engineers (ITE) Trip and Parking Generation Manuals, California Manual on Uniform Traffic Control Devices (CA MUTCD), National Association of City Transportation Officials (NACTO), CA Standard Plans and Specifications, City of Oxnard zoning ordinance and General Plan, beside others.

3. Knowledge and understanding of the use of and requirements of federal and state documentation associated with grant funded projects.

4. Understanding and application of relevant operational and traffic analyses and modeling software such as Synchro, SIDRA, and Travel Demand Modeling such as Visum, TransCad, CUBE and EMME2.

5. Understanding of environmental regulations relevant to the transportation system.

6. Understanding and ability to review civil improvement plans for compliance with disabled access requirements, circulation impacts or improvements, application of State and local laws, ordinances, and the City's Municipal Code.

7. Compliance with applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.

8. Minimum of 5 years’ experience providing Traffic Engineering services to municipalities of similar size or sufficient experience in transportation planning and traffic engineering. Specifically, experience should include but not be limited to: traffic safety studies, traffic operational studies, warrant analysis, traffic signal operations, conceptual roadway and intersection designs, data collection, traffic modeling and travel demand modeling.

9. Experience or knowledge of City of Oxnard local issues and ability to perform local site visits as needed and/or requested by the Traffic Engineering Division.

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EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and LSY Enterprise, Inc.)

SCHEDULE OF COMPENSATION
LSY Enterprise Standard Billing Rates (as of January 1, 2023) LSY Enterprise standard billing rates are displayed below based on classifications.

Billing rates are subject to change annually based on the Cost-of-Living index, not to exceed 5% per year.

Invoices are payable within 30 days of receipt. The City of Oxnard must notify LSY Enterprise, Inc.’s Project Manager, in writing, within 30 days of receipt of any disputed charges in an invoice. Interest at the rate of 1.5 percent per month, or alternatively at the highest monthly rate allowable in the jurisdiction where the Services are being provided, whichever is higher, will be charged on all past due amounts.

Classification
Principal-in-Charge
Project Manager
Traffic/Civil Engineer
Traffic Signal Engineer
Transportation Planner
Engineer II
Engineer I
Engineering Technician
Analyst
Administration
Overtime, Night, Holiday & Weekend Work
Mileage
Hourly Billing Rate
$215.00
$195.00
$195.00
$170.00
$170.00
$155.00
$140.00
$115.00
$110.00
$90.00
130% of the rates listed above
Based on standard federal rates
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Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following 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
C
onsultant, its agents, representatives, employees or subconsultants. a. Commercial Gen
eral Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for b
odily injury and property damage for each claimant for general liability with coverage equivalent to Insura nce Services Office Commercial General Liability Coverage (Occurrenc e Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to th
e project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodil y injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professiona
l liability/errors and omissio ns insurance a ppropriate to Consultant’s profession to a minimum coverage of $1,000,000, wi
th neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liabi lity/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 amoun
t
not less than $1,000,000 per claimant. Additionally, th e workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a pers
on authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on ot
her forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by t he Risk Manager bef
ore commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The cer
tificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with
electronic upload, contact [email protected]

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

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorse d to name Cit
y, its City Council, officers, employees, agents and volunteers as add itional insureds as respects: liability arising out of activities performed by or o
n behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or
automobiles owned, leased, hired or borrowed by Consultant. T he coverage shall contain no special limitations on the scope of protection
afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement For
m and Automobile Liability Special Endor sement Form atta ched to this Exhibit INS -A or substitute fo rms 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 coverage
s provided to City shall be primary and not contributing to or in excess of any existing City insurance or self - insurance cov
erag
es ( 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 prov
id
ed to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom c
laim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. The insurer shall declare any deductibles or self-insured rete ntions to and be approved by the Risk Manager. At the opti on of the Risk Manager,
either the insurer shall reduce or eliminate such deductibles or self -insured retentio ns as respects City, its City Council, officers, e
mployees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administr
ation and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appr
op
riate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/
23 EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and LSY Enterprise, Inc.)

INSURANCE REQUIREMENTS
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sa
mple accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note t he certificat
e holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit ide
ntification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s pr
actice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancel
lation 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 commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are
attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord f
orm.

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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.

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
B
ODILY INJURY $
(Per acciden
t)
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
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 D
ATE 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
FOR THE CITY OF OXNARD (the “City”)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s 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 i nsurance maintained by the City, its offi cers, 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 t he 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 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, alt er 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 si gnature required)
Telephone: ( ) Date Signed:

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

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

Insurance Company:

Policy No.:

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

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

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

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operation s, 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 othe r 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 co mpany’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.

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 he ld 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

Signature
(original si gnature required)
Telephone: ( ) Date Signed
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Agreement No. 9550-22-PW

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
07 City of Oxnard
-------- --------------------------------------
District Administering Agency
Agreement No. 07-5129S21
This AGREEMENT, is entered into effective this 1st day of March , 20 22 , by and between the City of Oxnard, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

COuNCILAPPROVED ,
f}J-o/-w2, I�( I
DATE ,1

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and LSY Enterprise, Inc.)

RESTRICTED GRANT AGREEMENT
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Agreement No. 9550-22-PW

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

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8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between ST ATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

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15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

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AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.

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(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE Ill - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to ST ATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING

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AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement.

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ICAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or ST ATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall

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not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304.

If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period

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as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, 20from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. ST ATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and 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 financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other

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evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1 B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance

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Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT.

ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These

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disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable, any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pending of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse

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condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

Agreement No. 32500223
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372
Ferdinand A. Batatan
3/8/2022
Agreement No. 32500223
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373

EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and LSY Enterprise, LLC)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard CONSULTANT/Professional services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $19.51 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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IRAN CONTRACTING ACT CERTIFICAT IO N
(TO BE EXECUTED AND

SUBMITTED WITH THE AGREEMENT)
Public Contract
Code Sections 2202 -2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract wi th, a public entity with re spect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivis ion (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications , including civil penalties e qual to the greater of $250, 000 or twice the amount of the contract for which the false certification was made, contract termination and three -year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I,
the o ffici
al named below, c ertify I a m du ly a uthorized to execute t his c ertifica tion on behalf of t he company/entityidentified b elow, and the company/entity i dentifi ed b elow is no t o n the current l ist of pe r sons engaged in i
nvestment activities in Iran created by DGS and is no t a finan cial institut ion extending twenty million dollars ( $20,
000,000) or more in cr edit to anoth er person or e ntity, f or 45 days or m ore, if that ot her p erson or company/entity
will use the credit to provide goods o r servi ces i n the energ y sector in Iran a nd is identi fied on the current l
ist of persons engagedin i nvestme nt activities in Iran created by DGS in accord ance with subdivision (b) of Public
Contract Code 2203.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Executed in the County of
Federal ID Number (or n/a):

Date Executed
in the State of
AGREEMENT FOR PROFESSIONAL SERVICES (V0l/29/15)

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and LSY Enterprise, Inc.)
Agreement No. 32500223
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: December 3, 2024

TO: City Council

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

SUBJECT: Agreement 32500218 with Garcia’s Landscaping Maintenance, Inc. for On-Call Landscape Systems Maintenance and Minor Repair Services, Specification No. 25-10.

RECOMMENDATION

That the City Council approve and authorize an Agreement with Garcia’s Landscaping Maintenance, Inc. for an initial term of three years from December 4, 2024, to December 3, 2027, with the option for two consecutive one-year period extensions ending December 3, 2029, for a total not-to-exceed amount of $3,000,000 for citywide On-Call Landscape Systems Maintenance and Minor Repair Services.

(Public Works and Transportation Committee approved 3-0 on November 12, 2024.)

BACKGROUND

The Public Works Department oversees and manages among other things parks, facilities, streets, public right of way, landscape maintenance districts, community facilities districts, and waterways districts throughout the City of Oxnard. Within each of these areas, there are specific services that are funded by either the General Fund, Internal Service Funds, or special assessments for the maintenance of various types of landscape and irrigation systems that include minor repairs, as required, for both safety and aesthetic purposes.

Throughout the year, Special Districts staff receive reports of damaged, vandalized, or deteriorating landscape and irrigation systems that are located within various assessment districts. Therefore, an on-call landscape systems maintenance and minor repair services agreement is needed so that staff can be responsive to the maintenance needs of the various communities. Additionally, this Agreement may be used by other Divisions within Public Works to address similar needs. The on-call services for this Agreement is tentatively scheduled to begin in December 2024, absent any delays due to supply chain issues, unforeseen site conditions, or weather.

DISCUSSION

The Request for Bids (“RFB”) was published on July 25, 2024, and all bids were due and opened on August 29, 2024.

The City received the following bids which are the aggregate totals of all hourly rates requested within the bid sheet:

Bidder
Item No. Description Unit
Mariposa
Landscapes,
Inc.

JAS
Landscape
Inc.

Garcia's
Landscaping
Maintenance Inc.
376
1 Scheduled On-Call
Minor Repair and
Maintenance
Services
Hourly Rate
Monday-Friday
8:00am-5:00pm $ 72.00 /HR
$ 55.00
/HR $ 65.00 /HR
2 Scheduled On-Call
Minor Repair and
Maintenance
Services
Hourly Rate
Monday-Friday
5:01pm -
7:59am,
weekends and
holidays $ 135.00 /HR
$ 82.50
/HR $ 68.00 /HR
3 Urgent Unscheduled
On-Call Minor
Repair and
Maintenance
Services
Hourly Rate
Monday-Friday
5:01pm -
7:59am,
weekends and
holidays
Work begins
within 4 hours $ 198.00 /HR
$ 97.50
/HR $ 68.00 /HR
4 Urgent Unscheduled
On-Call Minor
Repair and
Maintenance
Services
Hourly Rate
Monday-Friday
8:00am-5:00pm
Work begins
within 4 hours $ 103.00 /HR
$ 65.00
/HR $ 68.00 /HR
Bid Total: $ 508.00 $ 300.00 $ 269.00

The lowest bidder is Garcia’s Landscaping Maintenance Inc. (“Garcia’s”) and their bid is responsive to the City’s RFB.

Following this determination, procurement staff reviewed all documentation received from Garcia’s and its subcontractors. 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 Garcia’s Landscaping Maintenance Inc.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement 32500218 with Garcia’s Landscaping Maintenance Inc. shall not exceed $3,000,000 for the full term of the Agreement that includes the three-year term and the optional two additional one-year terms, for On- Call Landscape Systems Maintenance and Minor Repair Services.

The Adopted Budget for FY 2024-25 includes costs for these services. Funding shall be provided by various Public Works Divisions based on task orders and available Council-approved funding. There are no guaranteed spending amounts, and each division shall only pay for the services that are rendered.

COMMITTEE OUTCOME

The Public Works & Transportation Committee approved 3-0 on November 12, 2024 to approve the staff recommendation and to forward the item for Council approval.

377
Prepared by: Steve Howlett, Assistant Public Works Director, Anthony Miller, Interim Special Districts Manager

ATTACHMENTS

1. Agreement 32500218

378

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND
GARCIA’S LANDSCAPING MAINTENANCE, INC.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Garcia’s Landscaping Maintenance, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. S
UMMARY DESCRIPTION OF SERVICES. This Agreement is for On- Call Landscape Systems Maintenance and Minor Repair Services

2. P
ARTIES.

C
ITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 G
arcia’s Landscaping Maintenance, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 2775 North Ventura Road, Suite 104, Oxnard, California 93036

3. T
ERM OF AGREEMENT: From: December 4, 2024 To: December 3, 2027 3 .1 Time is of the essence in this Agreement.
3 .2 The CITY shall have the option for ( 2) two consecutive (1) one- year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension. 3 .3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with S ection 20 of this Agreement.

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3.4 A
ll services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $ 3,000,000

5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-D Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Anthony Miller Name: Tenley G. Hernandez Title: Special Districts Manager Title: CEO Phone: 805-200-5334 Phone: 805-479-0168 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave. Bldg. 1
Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

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7.3. A
ll proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, an d services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

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

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the concl usion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release o f CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

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

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the A greement appears in section 3.2, then this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

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13. TE
RMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees , subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City.

SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of Agreement No. 32500218

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383
thi
s Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

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

17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

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

17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

17.3. Ownership – Generally. All in ventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement No. 32500218

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Ag
reement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

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

17.5. 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 o f confidentiality. SERVICE PROVIDER 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 SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. SERVICE PROVIDER 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 SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER 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.

17.7. 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 SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER 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.

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE Agreement No. 32500218

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PR
OVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching 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 20.

20. NOTICES.

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 6. 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.

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER 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 SERVICE PROVIDER’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.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERV ICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, Agreement No. 32500218

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empl
oyees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with a ny of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is estab lished. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER 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. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and Agreement No. 32500218

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repr
esentatives, 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 SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER 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 SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER 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 SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’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, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER 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 SERVICE PROVIDER.

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.

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 Agreement No. 32500218

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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 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 SERVICE PROVIDER.

27. CONFLICT OF INTEREST

S
ERVICE PROVIDER 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 SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER 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 SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. IRAN CONTRACTING ACT

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.

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 Agreement No. 32500218

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a su
bcontractor 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’ wor k. 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 SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER 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 reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal acti on 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. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER 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 SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least Agreement No. 32500218

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3 year
s after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER 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. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER 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.

33. ADVERTISING AND PUBLICITY

SERVICE PROVIDER 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.

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER 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.

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY.

Agreement No. 32500218

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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 ful l force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature 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.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Agreement No. 32500218

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Repr
esentative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

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

[Signatures on next page]

Agreement No. 32500218

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I
n wi
tness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

C
ITY OF OXNARD GARCIA’S LANDSCAPING
MAINTENANCE, INC.
☐John C. Zaragoza, Mayor1 Date Tenley Garcia Hernandez CFO
Date
☐
Jennifer Yates, 2
P
urchasing Manager
T enley Garcia Hernandez3 Date
CEO
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPR
OVED AS TO FORM:

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

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HIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

SCOPE OF SERVICES

INSERT CITY PROJECT MANAGER FOR THI S AGREEMENT: Anthony Miller / 805- 200-5334 / [email protected]

Service Provider shall perform all Tasks in a good and workmanlike manner for the project identified as On -Call Landscape and Irrigation Systems Minor Repair and Maintenance Services (“Project”), as described in this solicitation and in the Contract Documents, throughout the Contract Term. The Service Provider shall provide on-call minor repair and maintenance services of landscape and irrigation systems located throughout the City of Oxnard as requested through Task Order. Service Provider may be asked to assist with work for multiple divisions/departments throughout the City. Such services may include but are not limited to:

1. Inspect irrigation systems and identify required maintenance needs.

2. Repair, maintain, or replace worn, damaged, or potentially faulty components in irrigation systems.

3. Convert/reconfigure existing irrigation systems and components for proper coverage of landscaped areas.

4. Maintenance of and rehabilitation of landscaped areas.

5. Provide reports on the condition of the landscape and irrigation systems as requested.

Scope of Maintenance Services
The work may take place in any location throughout the City as designated by the Project Manager. This on-call contract may be utilized by all divisions or departments throughout the City.

The Service Provider shall provide on- call maintenance and minor repair of landscaped areas and irrigation systems located within the City of Oxnard as requested through Task Order. Such services may include but are not limited to:

1. Inspect irrigation systems and identify required maintenance needs.

2. Repair, maintain, or replace worn, damaged, or potentially faulty components in irrigation systems.

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3. C
onvert current irrigation systems.

4. Maintenance of or minor replacement of existing landscaped areas.

5. Provide reports on the condition of the landscaped areas and irrigation systems as requested.

All costs for labor for these calls shall be included in the Bid sheets.

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

1. Non-Scheduled Urgent Minor Repair Work:

Service Provider must verbally respond within sixty (60) minutes of telephone notification by the City. Service Provider must be on the site within four (4) hours of the notification and begin work immediately. Urgent minor repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health, or property.

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

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

2. Scheduled Minor Repair and Maintenance Work:

Service Provider must verbally respond within four (4) hours of telephone notification by the City. The scope of Work and schedule shall be mutually agreed to between City staff and service provider before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

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

Payment
All work shall be pre-approved by a Purchase Order issued by the Project Manager prior to starting work. The Estimate will include all materials, labor, and taxes. A Agreement No. 32500218

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separ
ate invoice is required for each Purchase Order issued pursuant to the Contract.

Service Provider is required to itemize the number of hours it will take for completion of an Estimate. Material and equipment rentals will be reimbursed at cost (Service Provider must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and Service Provider will be required to itemize the supplies cost within the Estimate. When requested, the Service Provider shall provide copies of receipts. Freight shall be incorporated into the cost of materials and/or equipment rentals.

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

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

● Invoice Number (Partial or Final Invoice)
● Project Name & Address
● Estimate # & Date
● Purchase Order # & Amount
● Project Manager
● Scope of Work Description

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EX

HIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

SCHEDULE OF COMPENSATION

ITEM
NO. DESCRIPTION UNIT Total

1 Scheduled On-Call Minor
Repair and Maintenance
Services
Hourly Rate
Monday-Friday 8:00am-
5:00pm

$65.00

/HR

2 Scheduled On-Call Minor
Repair and Maintenance
Services
Hourly Rate
Monday-Friday
5:01pm - 7:59am,
weekends and holidays

$68.00

/HR

3 Urgent Unscheduled On-Call
Minor Repair and
Maintenance Services
Hourly Rate
Monday-Friday
5:01pm - 7:59am,
weekends and holidays
Work begins within 4 hours

$68.00

/HR

4 Urgent Unscheduled On-Call
Minor Repair and
Maintenance Services
Hourly Rate
Monday-Friday 8:00am-
5:00pm
Work begins within 4 hours

$68.00

/HR

Agreement No. 32500218

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EX

HIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

INSURANCE REQUIREMENTS

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

Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

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

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined singl e 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. 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 w orkers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -D. The 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 b e 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]

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

3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to na
me 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 t his Exhibit INS -D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date p rior to 01/04 and CG 2037).

4. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self -insurance Agreement No. 32500218

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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.

5. 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.

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

10/24

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

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

INS-D.doc

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SAMPLE

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

PRODUCER

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 PER IOD INDICATED, NOTWITHSTANDING

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE TH
EREOF, 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

Agreement No. 32500218

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the o perations, 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 insur ance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s li mits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organ ization would have as a claimant if not so included.

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. 10/24 INS-D.doc

Agreement No. 32500218

Page 25 of 32 ends

403

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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, produ cts 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 under lying 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 organiz ation would have as a claimant if not so included.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent U nderwriter

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. 10/24 INS-D.doc

Agreement No. 32500218

Page 26 of 32 ends

404

HIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $ 19.51 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

Agreement No. 32500218

Page 27 of 32 ends

405

CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $19.51 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2025 , and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

Agreement No. 32500218

Page 28 of 32 ends

406

HIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

PREVAILING WAGE

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

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

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

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

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, SERVICE Agreement No. 32500218

Page 29 of 32 ends

407
PR
OVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PRO VIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

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

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

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

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

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

Agreement No. 32500218

Page 30 of 32 ends

408

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

Agreement No. 32500218

Page 31 of 32 ends

409
EX

HIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of
the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CE RTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision
(b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of
Agreement No. 32500218

Page 32 of 32 ends

410

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: December 3, 2024

TO: City Council

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

SUBJECT: Receipt and Filing of Special Tax and Bond Accountability Act Report (SB 165) for Fiscal Year 2023-

24. RECOMMENDATION

Staff recommends the City Council receive and file the Special Tax and Accountability Act Report for the Fiscal Year Ending June 30, 2024.

(This item did not originate in Committee.)

BACKGROUND

To comply with the Local Agency Special Tax and Bond Accountability Act (Accountability Act) of the Government Code of the State of California (Sections 50075.1 and 53410), City Council must accept and file the report for the Community Facilities Districts (CFDs): 1, 2, 2000-3, 3, 4, 5, 8, and 9 Special Taxes for the Fiscal Year ending June 30, 2024.

The Local Agency Special Tax and Bond Accountability Act (the “Act”), enacted on September 19, 2000, only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code. All of the City’s existing special tax measures are in compliance with the Act and are included in this report.

The previous fiscal year reports are available on the City website here for reference: https://www.oxnard.gov/public- works/special-districts.

DISCUSSION

Pursuant to the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying the special tax and or issuing a bond measure and shall contain a description of the following: (1) The amount of funds collected and expended; and (2) The status of any project required or authorized to be funded by the special tax and/or bond measure. For Council’s review, the Special Tax and Accountability Act Report (SB 165) for the Fiscal Year Ending June 30, 2024, is attached.

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 direct financial impact associated with this action. 411

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director, Anthony Miller, Interim Special Districts Manager

ATTACHMENTS

1. Oxnard SB 165- FY23-24

412

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Local Agency Special Tax and Bond Accountability Act (SB 165) Fiscal Year 2023/24 Reporting
Community Facilities District No. 1
Community Facilities District No. 2
Community Facilities District No. 3
Community Facilities District No. 4
Community Facilities District No. 5
Community Facilities District No. 8
Community Facilities District No. 9
Community Facilities District No. 2000-3

November 2024
413

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 1 (Westport at Mandalay Bay) 1

SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.1 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 and 53410.”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 1
(Westport at Mandalay Bay) 2012 Refunding Bonds
August 29, 2012
Purpose of Special Tax
The special tax provides funding for the payment of principal and interest on any outstanding Bonds becoming due and payable during the ensuing calendar year, a necessary replenishment or expenditure of the Reserve Fund, and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any rebate obligation) during the ensuing year.

The project funded by the bonds is complete.

414

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 1 (Westport at Mandalay Bay) 2

Collections and Expenditures
Fund
Name
Initial
Deposit
6/30/2023
Balance
Total
Amount
Collected (1)
6/30/2024
Balance (2)
Amount
Expended (3)
Project
Status
Special Tax Fund $0.00 $914,576.02 $633,932.48 $886,042.03 $722,666.23 Ongoing Improvement Fund 7,612,451.54 0.00 0.00 0.00 7,612,451.54 Closed (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

415

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 2 (Westport at Mandalay Bay) 1

SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.1 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 2
Westport at Mandalay (Services)
October 3, 2000
Purpose of Special Tax
The special tax provides funding to maintain the improvements funded by Community Facilities District No. 1 and for police services.

The project is ongoing on an annual basis.

Collections and Expenditures
Fund Name
06/30/202 3
Balance
Amount
Collected (1)
Amount
Expended (2)
06/30/202 4
Balance (3)
Operating Fund $1,323,680.13 $552,179.78 $540,421.79 $1,335,438.12 (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

416

City of Oxnard
Fiscal Year 2023/24– CFD No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange) 1 SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 and 53410.”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 2000-3
(Westport at Mandalay Bay) 2012 Refunding Bonds
August 29, 2012
Purpose of Special Tax
The special tax provides funding for the payment of principal and interest on any outstanding Bonds becoming due and payable during the ensuing calendar year, a necessary replenishment or expenditure of the Reserve Fund, and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any rebate obligation) during the ensuing year.

The project is ongoing on an annual basis.

417

City of Oxnard
Fiscal Year 2023/24– CFD No. 2000-3 (Oxnard Boulevard/Highway 101 Interchange) 2 Collections and Expenditures
Fund
Name
Initial
Deposit
6/30/2023
Balance
Total
Amount
Collected (1)
6/30/2024
Balance (2)
Amount
Expended (3)
Project
Status
Special Tax Fund $0.00 $2,715,527.78 $513,498.61 $2,656,510.59 $572,515.80 Ongoing Improvement Fund $8,858,705.36 0.00 0.00 0.00 $8,858,705.36 Closed (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

418

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 3 (Seabridge at Mandalay Bay) 1

SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.1 and 53410 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 [and] 53410.”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 3
(Seabridge at Mandalay Bay) Series 2013 Refunding Bonds August 8, 2013
Purpose of Special Tax
The special tax provides funding for the payment of principal and interest on any outstanding Bonds becoming due and payable during the ensuing calendar year, a necessary replenishment or expenditure of the Reserve Fund, and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any rebate obligation) during the ensuing year.

The project is ongoing on an annual basis.

419

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 3 (Seabridge at Mandalay Bay) 2

Collections and Expenditures
Fund
Name
Initial
Deposit
6/30/2023
Balance
Total
Amount
Collected (1)
6/30/2024
Balance (2)
Amount
Expended (3)
Project
Status
Special Tax Fund $0.00 $1,807,729.70 $1,848,898.86 $1,740,156.77 $1,916,471.79 Ongoing Improvement Fund 26,444,360.35 0.00 0.00 0.00 26,444,360.35 Closed (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

420

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 4 (Seabridge at Mandalay Bay) 1

SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.1 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1.”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 4
Seabridge at Mandalay Bay (Services)
November 23, 2004
Purpose of Special Tax
The special tax provides funding to maintain the improvements from the bond issue of Community Facilities District No. 3 and for police services.

The project is ongoing on an annual basis.

Collections and Expenditures
Fund Name
06/30/202 3
Balance
Amount
Collected (1)
Amount
Expended (2)
06/30/202 4
Balance (3)
Operating Fund $2,701,721.68 $1,138,606.18 $734,578 .99 $3,105,748.87 (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

421

City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 5 (Riverpark) 1

SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.1 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1.”
The requirements of the Act apply to the Funds for the following:

Communities Facilities District No. 5
Riverpark
July 26, 2005
Purpose of Special Tax
The special tax provides funding for various maintenance services throughout the district including street and landscape maintenance, police and fire suppression services, and administration.

The projects are ongoing on an annual basis.

Collections and Expenditures
Fund Name
06/30/202 3
Balance
Amount
Collected (1)
Amount
Expended (2)
06/30/202 4
Balance (3)
Special Tax Fund $1,439,924.88 $3,242,468.90 $3,292 ,982.40 $1,389,411.38 (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

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City of Oxnard
Fiscal Year 2023/24 – Community Facilities District No. 8 (Sakioka Farms) 1 SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 8
(Sakioka Farms)
May 3, 2020
Purpose of Special Tax
The special tax provides funding to maintain the improvements funded by Community Facilities District No. 8 and fire protection services.

The projects are ongoing on an annual basis.

Collections and Expenditures
Fund Name
06/30/202 3
Balance
Amount
Collected (1)
Amount
Expended (2)
06/30/202 4
Balance (3)
Special Tax Fund $0.00 $550,736.40 $465,490.22 $85, 246.18 (1) Estimated based on the Fiscal Year 2023/24 levy amount, less delinquencies. (2) Estimated based on the City’s provided fund balance s. (3) Unaudited. Provided by the City.

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City of Oxnard
Fiscal Year 2023/24– Community Facilities District No. 9 (Northshore at Mandalay Bay) 1 SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 9
(Northshore at Mandalay Bay)
October 26, 2021

Purpose of Special Tax
The facilities proposed to be financed by the CFD are public infrastructure facilities and other governmental facilities, including fees related thereto including, but not limited to, all or a portion of sanitary sewer, water, street, storm drain and park facilities, public art, or other real or tangible property, and related costs including design, inspection, professional fees, and acquisition costs.

Services proposed to be provided for and financed by the CFD include, but are not limited to, landscaping, streetlighting, maintenance of sewer, storm drain, irrigation systems and parks, Edison Canal and Channel Island Harbor maintenance, and weed abatement.

Additionally, remediation services, incidental expenses, and administrative expenses may be funded by the CFD.

The projects are ongoing on an annual basis.
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City of Oxnard
Fiscal Year 2023/24– Community Facilities District No. 9 (Northshore at Mandalay Bay) 2

Collections and Expenditures
Fund Name
06/30/202 3
Balance
Amount
Collected (1)
Amount
Expended
06/30/202 4
Balance
Special Tax Fund $0.00 $0.00 $0.00 $0.00
(1) The CFD was not levied in Fiscal Year 2023/24 or prior y ears.

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8

DATE: December 3, 2024

TO: Oxnard Housing Authority

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

SUBJECT: Third Amendment to Agreement 9292-01-HO for Security Services.

RECOMMENDATION

That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize the Executive Director to execute a Third Amendment to Agreement 9292-21-HO with Alltech Industries, Inc. in the amount of $105,963.12 for a total agreement value of $408,612.24 using funds from the Low Rent Public Housing Operating Funds budget and Housing Choice Voucher Administrative Fees budget.

(This item did not originate in Committee because it is a continuation of an item previously approved by the Board of Commissioners.)

BACKGROUND

The Housing Authority of the City of Oxnard owns and operates 523 public housing units scattered throughout Oxnard.

In 2020, the Resident Advisory Board consisting of Tenant Commissioners, public housing residents, and Section 8 program participants requested a meeting with the Housing Authority of the City of Oxnard to discuss safety concerns at various public housing sites. Residents of the Pleasant Valley Village and Colonia Village sites expressed concerns about an increase in criminal activity coupled with excessive unauthorized parking. Residents also expressed concern about the number of unauthorized individuals loitering in common areas that are not visible and vandalizing vacant units.

In February 2021, the Housing Authority of the City of Oxnard solicited bids for security services for various public housing properties. The Board of Commissioners of the Housing Authority of the City of Oxnard then approved and authorized the Executive Director to execute Agreement Number 9292-21-HO on September 7, 2021. The initial term was from September 13, 2021 to September 12, 2022. That agreement allowed the option to extend the initial term of the agreement for up to three additional one-year terms.

The Housing Authority of the City of Oxnard extended the original agreement two times. The First Amendment extended the term by one year as well as increased the hourly rate and decreased the patrol hours from twelve to eight hours. The Second Amendment extended the term for an additional year, as well as increased the hourly rate and changed the patrol schedule. The Second Amendment expired on September 30, 2024.

DISCUSSION

With the security contractor in place, the issues communicated by residents have significantly decreased. Based on the satisfactory performance and continued need for services, the Housing Authority of the City of Oxnard seeks approval to extend the contract term for a final year through September 30, 2025. The existing agreement expired on September 30, 2024, however the agreement has the option to extend which staff is seeking. The contractor has agreed to continue services at the current rate to provide adequate time for presenting the proposed one-year extension and updated hourly rate to the Housing Board of Commissioners for approval. This arrangement ensures that there will be no disruption to services for the OHA's public housing residents. While the proposed Third Agreement will take effect on September 30, 426
2024, the new hourly rate will not be implemented until December 1, 2024. Under the proposed amendment, the patrol services hourly rate will increase from $33.99 to $36.75 per hour effective December 1, 2024. The patrol hours will remain at eight hours per day.

The scope of work includes routine patrolling, security services, and parking enforcement during non-business hours at the Pleasant Valley Village, Colonia Village, Felicia Court, Cuesta del Mar, Fashion Park, Hill Street, Concord Drive, Althea Court and Fremont Way public housing sites plus the Housing Authority offices. The contractor provides patrol services with marked patrol vehicles and unarmed security officers. Foot patrols are required behind buildings and dark areas where activity is noticed. All patrol visits are on a rotating basis, three times per day, seven nights a week from 10 pm to 6 am. The contractor provides daily reporting and works with staff and the Oxnard Police Department to ensure the safety of residents. In the event of illegal activities, a full report is provided to the Housing Authority of the City of Oxnard the next business day.

The security contractor also enforces parking policies, including contacting towing services to remove vehicles that are in an unsafe condition or parked in red fire lanes and in front of trash bins. The security contractor also reports maintenance problems in the community identified during patrolling. If the repair is an emergency item, such as broken windows, the security company contacts the on-call staff member immediately. Lastly, vacant units are inspected nightly to ensure there is no visible vandalism, forced entry or other related issues.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

This item does not impact any City of Oxnard fund. The $105,963.12 needed for this Third Amendment to Agreement 9292-21-HO is included in the Housing Authority's adopted Fiscal Year 2024–2025 Low Rent Public Housing Operating Funds budget and Housing Choice Voucher Administrative Fees budget.

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of an item previously approved by the Board of Commissioners on September 7, 2021.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Agreement 9292-21-HO

2. First Amendment to Agreement 9292-21-HO

3. Second Amendment to Agreement 9292-21-HO

4. Third Amendment to Agreement 9292-21-HO

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Agreement Number 9292-21-HO

THIRD AMENDMENT TO AGREEMENT FOR TRADE SERVICES
This Third Amendment (“Amendment”) to the Agreement for Trade Services Contract (“Agreement”) is made and entered into in the County of Ventura, State of California, this 3 rd of December, 2024 by and between the Housing Authority of the City of Oxnard (“OHA”), and Alltech Industries, Inc. (“Vendor”).

This Third Amendment amends the Agreement entered into on April 20, 2021, by OHA and Alltech Industries, Inc. The agreement had been previously amended by the First Amendment entered into on August 11, 2022 and the Second Amendment entered into on September 19, 2023.

OHA and Vendor agree as follows:

1. Pursuant to Section 4 of the Agreement, the Authority is exercising the third and final extension term. The Agreement will be extended for one additional year beginning on September 30, 2024 through September 30, 2025. There are no remaining option terms.

2. Exhibit B of the Agreement is hereby as amended as follows: the Un-armed Vehicle Patrol Services Hourly Rate is increased from $33.99 to $36.75, which will be in effect on December 1, 2024 through September 30, 2025.

3. Exhibit B of the Agreement is hereby amended as follows: the yearly cost is increased from $99,250.80 to $105,963.12 for the third and final option term.

4. The routine patrol visits will remain at 8 hours per day.

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

Housing Authority of the City of Oxnard Alltech Industries, Inc.

Emilio Ramirez, Director Hilda Perez, President
Approved as to Compliance
Rhonda Hodge, Contract Administrator
Approved as to Form
Stephen M. Fischer, Housing General Counsel
This Agreement may be transmitted and signed by electronic or digital means by any or all Parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7. 442

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9

DATE: December 3, 2024

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: Third Amendment to Agreement No. 9722-22-FN for Police Department Car Wash Services - New Image 2000.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Third Amendment to Agreement 9722-22-FN with New Image 2000 car wash services for the Oxnard Police Department, and approve a $12,500 increase to the Agreement's not to exceed amount for a total agreement value of $212,000.

(This item did not originate in Committee)

BACKGROUND

The City of Oxnard Police Department has an agreement with New Image 2000 car wash service to wash the police department’s fleet of vehicles. This service covers approximately 138 vehicles that are currently operated by the Oxnard Police Department. Most vehicles are washed on a weekly basis.

On June 30, 2022, The Oxnard Police Department entered into a one (1) year Agreement, 9722-22-FN, with New Image 2000, car wash service to wash and clean vehicles for the City of Oxnard Police Department. Due to the value of the agreement, the agreement did not require council approval and was approved by the Purchasing Department for the amount of $125,000.

On June 19, 2023, a First Amendment was approved adding an additional year (to June 30, 2024) to the agreement and an additional $50,000, bringing the total amount of the agreement to $175,000.

On July 1, 2024, a Second Amendment was approved to include an additional $24,500, bringing the total amount of the agreement to $199,500. An additional six months was added to this agreement (end date of December 31, 2024).

DISCUSSION

The City does not own a designated wash facility to accommodate washing vehicles regularly. Vehicle and commercial vehicle washing is an important element for a safe, clean, and sanitary work environment. Vehicles are washed to reduce potential safety hazards to operators and their equipment. Regular washing also reduces the build-up of rust and corrosion, thus lowering vehicle maintenance costs. A consistently clean fleet provides a safe and clean working environment.

The agreement will expire December 31, 2024. The Oxnard Police Department is seeking a Third Amendment to this agreement to add $12,500 for a not to exceed $212,000. This Third Amendment will bring the contract value to greater than $200,000, thus requiring City Council approval. The additional contract amount is needed to accommodate additional washes, however the funding is already approved within City’s Fiscal Year 2024-2025 budget.

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The Police Department will seek a Request for Bid to enter into a new car wash contract for 2025. Should a contract not be in place by the time this contract expires, the Police Department will utilize a drive-thru car wash service on an as needed basis.

New Image 2000, is responsible for acquiring, operating and maintaining all equipment and permits providing mobile washing and cleaning of passenger vehicles, pickup trucks, special use vehicles, and large specialty vehicles, such as the mobile command post. New Image 2000 shall comply with City Ordinance No. 2806, concerning the reduction of pollutants in stormwater discharges associated with mobile car washing activities.

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 sufficient funding in the Police department's FY2024-2025 operating budget to cover the $12,500 additional cost.

For Finance Use Only: General Fund Police (Org. 1012111 Obj. 55030).

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Edgar Fernandez, Police Commander

ATTACHMENTS

1. New Image 2000 Third Amendment 9722-22-FN

2. New Image 2000 Second Amendment 9722-22-FN

3. New Image 2000 First Amendment 9722-22-FN

4. New Image 2000 Agreement 9722-22-FN

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Agreement No. 9722-22-FN
SECOND AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19))

THIRD AMENDMANT TO TRADE SERVICES AGREEMENT

This Third Amendment (“Third Amendment”) to the Trade Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this _______ day of December, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and New Image 2000 (“Vendor”). The agreement had been previously amended by the First Amendment entered into on June 30, 2023 and the Second Amendment entered into on July 1, 2023, by City and Vendor.

City and Vendor agree as follows:

1. The “amount” in the Second Agreement is hereby amended to and increased from “$199,500” to the new amount of “$212,000.”

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

[Signatures on next page]

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Agreement No. 9722-22-FN
SECOND AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19))

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

CITY OF OXNARD NEW IMAGE 2000

__________________ ________ ___________________ _______ John C. Zaragoza, Mayor Date Ramon Marquez, Owner Date

ATTEST:

___________________ ________
Rose Chaparro, City Clerk Date
(Only if Mayor signs)

APPROVED AS TO FORM:

_____________________ ________
Stephen M. Fischer, City Date
Attorney (always required)
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.10

DATE: December 3, 2024

TO: City Council

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

SUBJECT: Monthly Investment Report as of October 31, 2024.

RECOMMENDATION

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

(This item did not originate in committee.)

BACKGROUND

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

DISCUSSION:

The City’s total cash and investment position as of October 31, 2024 was $439.7 million, with $25.9 million in cash accounts and $413.8 million in investments, as summarized in the table below.

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The increase in cash available in the general account at the end of this period was intended to cover immediate anticipated expenditures in the amount of $18.7 million in subsequent days. Those expenditures included payroll and payroll taxes, due on November 1, in amount of $5.3 million and outstanding checks in amount of $12 million to pay for City ongoing services, for street resurfacing costs, and improvements at the City’s Wastewater Treatment Plant.

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 October 31, 2024 by authorized investment and duration for a total portfolio amount of $413.8 million.

Portfolio Trends

The cash and investment position, excluding the Successor Agency account, as of October 31, 2024, increased by $6.5 million compared with the prior month, mainly driven for the receipt of a $6.8 million State Grant. 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.

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The chart below represents the City’s investment portfolio classified by days until maturities from October 31, 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.
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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 October 2024

2. Presentation October 2024 Investment Report

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Investment report
for the month Ended in October 31, 2024
City of Oxnard
Javier Chagoyen‐Lazaro Date
Chief Financial Officer
City of Oxnard
Investments have been made in compliance with California Government Code and in accordance with the City's Investment Policy. SYMPRO provides the market value for negotiable instruments held in safekeeping included in this report. For investments not held by the City's custodian, market values are obtained from individual monthly statements. Based on analysis of cash receipts, expenditures, and daily cash flows, it is projected that revenues and investment liquidity are sufficient to meet expenditure requirements for the next six months.

All Investment transactions have been exectured in accordance with the criteria stated in the City's Investment Policy (Resolution No. 15,186) adopted by the City Council held on July 2, 2024 11/12/2024
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City of Oxnard
Cash and Investment Summary
Month Ended
September 30, 2024
Cash and Investment Position October 2024
Cash
Bank of America General Account 23,081,969.50 $
Bank of America Successor Agency Account 2,501,181.51
Bank of America  Citations Account 297,410.00
Bank of America  Golf Course Account ‐
Total Cash 25,880,561.01
Investments
Local Agency Investment Fund (LAIF) 75,000,000.00
Ventura County Investment Pool (VCIP) 50,270,365.06
Certificates
of Deposits ‐
Bank Notes ‐
Municipal Bonds ‐
Federal Agency ‐
Supra‐National Agency Bonds * 986,260.00
Medium Term Notes * 40,077,846.30
U.S. Treasury Notes * 7,396,425.00
U.S. Government Sponsored Entities * 240,098,714.55
Total Investments 413,829,610.91
Total Cash and Investments 439,710,171.92 $
* Market Value
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City of Oxnard
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
October 1 ‐ October 31, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
Pooled Investments
County Investment Pool
VCIP            Ventura County Investment Pool 50,270,365.06 50,270,365.06 50,270,365.06 4.400 1 4.400 31422XAS1       Farmer Mac 3/2/2021 1,000,000.00 956,632.00 1,000,000.00 0.610 517 0.610 3/2/2026 3133EMQQ8       Federal Farm Credit Bank 2/12/2021 1,000,000.00 994,421.00 1,000,000.00 0.300 42 0.300 11/12/2024 3133EMQQ8       Federal Farm Credit Bank 2/25/2021 2,000,000.00 1,988,842.00 1,999,846.67 0.300 42 0.368 11/12/2024 3133ENBK5       Federal Farm Credit Bank 10/20/2021 1,000,000.00 948,486.00 1,000,000.00 1.140 749 1.140 10/20/2026 3130AQKJ1       Federal Home Loan Bank 1/28/2022 1,000,000.00 954,321.00 1,000,000.00 1.700 849 1.700 1/28/2027 3130AQPD9       Federal Home Loan Bank 2/17/2022 1,000,000.00 960,081.00 1,000,000.00 2.000 869 2.000 2/17/2027 3130AQPD9       Federal Home Loan Bank 2/17/2022 1,000,000.00 960,081.00 1,000,000.00 2.000 869 2.000 2/17/2027 3130AQSM6       Federal Home Loan Bank 2/25/2022 1,000,000.00 960,798.00 1,000,000.00 2.050 877 2.050 2/25/2027 3130AQRH8       Federal Home Loan Bank 2/25/2022 1,000,000.00 959,648.00 1,000,000.00 2.000 877 2.000 2/25/2027 3130AQRK1       Federal Home Loan Bank 2/25/2022 1,000,000.00 960,343.00 1,000,000.00 2.030 877 2.030 2/25/2027 3130AR2C4       Federal Home Loan Bank 2/28/2022 1,000,000.00 990,349.00 1,000,000.00 2.200 150 2.200 2/28/2025 3130AQYG2       Federal Home Loan Bank 2/28/2022 1,000,000.00 971,070.00 1,000,000.00 2.500 877 2.493 2/25/2027 3130AQX65       Federal Home Loan Bank 3/4/2022 2,000,000.00 1,929,940.00 2,000,000.00 2.250 884 2.250 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,000,000.00 963,860.00 1,000,000.00 2.200 884 2.200 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,000,000.00 963,860.00 1,000,000.00 2.200 884 2.200 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,300,000.00 1,253,018.00 1,298,108.50 2.200 884 2.264 3/4/2027 3130AQX65       Federal Home Loan Bank 3/4/2022 2,700,000.00 2,605,419.00 2,698,690.50 2.250 884 2.271 3/4/2027 3130AR2D2       Federal Home Loan Bank 3/10/2022 1,000,000.00 994,144.00 1,000,000.00 3.000 890 3.034 3/10/2027 3130ARAX9       Federal Home Loan Bank 3/30/2022 1,000,000.00 981,595.00 1,000,000.00 3.000 905 3.000 3/25/2027 3130ARDV0       Federal Home Loan Bank 4/8/2022 1,000,000.00 981,595.00 1,000,000.00 3.000 905 3.000 3/25/2027 3130ARZF1       Federal Home Loan Bank 5/9/2022 2,600,000.00 2,575,705.60 2,600,000.00 3.400 343 3.401 9/9/2025 3130ARZE4       Federal Home Loan Bank 5/25/2022 2,000,000.00 1,998,014.00 2,000,000.00 4.200 966 4.186 5/25/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 998,465.00 1,000,000.00 4.000 967 4.000 5/26/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 998,465.00 1,000,000.00 4.000 967 4.000 5/26/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 998,465.00 1,000,000.00 4.000 967 4.000 5/26/2027 3130AS4F3       Federal Home Loan Bank 6/9/2022 2,000,000.00 1,997,746.00 2,000,000.00 4.000 965 4.000 5/24/2027 3130AS4F3       Federal Home Loan Bank 6/9/2022 2,000,000.00 1,997,746.00 2,000,000.00 4.000 965 4.000 5/24/2027 3130ASFQ7       Federal Home Loan Bank 6/29/2022 1,000,000.00 998,810.00 999,862.78 4.000 1,001 4.006 6/29/2027 3130ASHT9       Federal Home Loan Bank 7/12/2022 1,000,000.00 999,923.00 1, 000,000.00 4.500 1,014 4.500 7/12/2027 3130ASGP8       Federal Home Loan Bank 7/14/2022 2,000,000.00 1,993,390.00 2,000,000.00 4.100 286 4.100 7/14/2025 3130ASF38       Federal Home Loan Bank 7/22/2022 1,000,000.00 995,821.00 1, 000,000.00 4.100 1,024 4.100 7/22/2027 3130ASKZ1       Federal Home Loan Bank 7/22/2022 1,000,000.00 998,393.00 1,000,000.00 4.250 478 4.250 1/22/2026 3130ASLA5       Federal Home Loan Bank 7/26/2022 1,000,000.00 998,789.00 1, 000,000.00 4.500 1,028 4.500 7/26/2027 3130ASNN5       Federal Home Loan Bank 7/28/2022 1,000,000.00 999,066.00 1, 000,000.00 4.375 1,030 4.375 7/28/2027 3130ASPP8       Federal Home Loan Bank 8/8/2022 1,000,000.00 997,772.00 1,000,000.00 4.300 311 4.300 8/8/2025 3130AYZG4       Federal Home Loan Bank 2/15/2024 1,000,000.00 1,002,391.00 1,000,000.00 5.400 1,597 5.400 2/14/2029 3130AXVH8       Federal Home Loan Bank 2/21/2024 5,000,000.00 5,003,275.00 5,004,185.79 5.500 1,147 5.467 11/22/2027 3130AYYJ9       Federal Home Loan Bank 2/15/2024 1,000,000.00 1,011,186.00 1,000,000.00 5.000 1,598 5.000 2/15/2029 3130B0EQ8       Federal Home Loan Bank 3/19/2024 1,000,000.00 1,004,513.00 999,107.02 5.375 1,624 5.398 3/13/2029 3130B1LW5       Federal Home Loan Bank 5/30/2024 2,000,000.00 2,012,640.00 2,000,000.00 5.250 605 5.250 5/29/2026 3130AKLL8       Federal Home Loan Bank 12/30/2020 2,000,000.00 1,915,512.00 2,000,000.00 0.500 455 0.500 12/30/2025 3130AKN36       Federal Home Loan Bank 1/20/2021 2,000,000.00 1,915,900.00 2,000,000.00 0.525 471 0.525 1/15/2026 3130AKNK8       Federal Home Loan Bank 1/20/2021 5,000,000.00 4,822,225.00 5,000,000.00 0.500 384 0.500 10/20/2025 3130AKNK8       Federal Home Loan Bank 1/20/2021 1,000,000.00 964,445.00 1,000,000.00 0.500 384 0.500 10/20/2025 3130AKQ74       Federal Home Loan Bank 1/22/2021 5,000,000.00 4,793,030.00 5,000,000.00 0.625 478 0.625 1/22/2026 Federal Agency Coupon Securities
486
4/7
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
October 1 ‐ October 31, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
3130AKMD5       Federal Home Loan Bank 1/26/2021 5,000,000.00 4,783,390.00 4,999,340.28 0.500 482 0.510 1/26/2026 3130AKNR3       Federal Home Loan Bank 1/26/2021 1,000,000.00 957,442.00 1,000,000.00 0.560 482 0.560 1/26/2026 3130AKU61       Federal Home Loan Bank 1/27/2021 5,000,000.00 4,811,590.00 5,000,000.00 0.750 483 0.609 1/27/2026 3130AKU61       Federal Home Loan Bank 1/27/2021 5,000,000.00 4,811,590.00 5,000,000.00 0.750 483 0.609 1/27/2026 3130AKQX7       Federal Home Loan Bank 1/28/2021 2,000,000.00 1,918,068.00 2,000,053.00 0.700 484 0.698 1/28/2026 3130AKRN8       Federal Home Loan Bank 1/28/2021 2,000,000.00 1,916,790.00 2,000,000.00 0.650 484 0.650 1/28/2026 3130AKQX7       Federal Home Loan Bank 1/28/2021 5,000,000.00 4,795,170.00 5,000,000.00 0.700 484 0.700 1/28/2026 3130AKQ82       Federal Home Loan Bank 1/28/2021 1,500,000.00 1,436,632.50 1,500,000.00 0.600 484 0.600 1/28/2026 3130AKPN0       Federal Home Loan Bank 1/29/2021 2,000,000.00 1,915,214.00 2,000,000.00 0.600 485 0.600 1/29/2026 3130AKVN3       Federal Home Loan Bank 1/29/2021 1,000,000.00 956,582.00 1,000,000.00 0.520 485 0.520 1/29/2026 3130AKVQ6       Federal Home Loan Bank 1/29/2021 1,000,000.00 963,258.00 1,000,000.00 0.470 393 0.470 10/29/2025 3130AKWD4       Federal Home Loan Bank 2/9/2021 1,000,000.00 961,383.00 1,000,000.00 0.750 496 0.539 2/9/2026 3130AKWD4       Federal Home Loan Bank 2/9/2021 1,000,000.00 961,383.00 1,000,000.00 0.750 496 0.540 2/9/2026 3130AKTJ5       Federal Home Loan Bank 2/9/2021 2,000,000.00 1,911,708.00 2,000,000.00 0.540 496 0.540 2/9/2026 3130AKVA1       Federal Home Loan Bank 2/9/2021 2,000,000.00 1,922,766.00 2,000,000.00 0.750 496 0.564 2/9/2026 3130AKVR4       Federal Home Loan Bank 2/12/2021 1,000,000.00 955,540.00 1,000,000.00 0.550 499 0.550 2/12/2026 3130AL7M0       Federal Home Loan Bank 2/24/2021 2,000,000.00 1,910,506.00 1,998,602.78 0.625 511 0.676 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 1,000,000.00 955,344.00 999,776.44 0.600 511 0.616 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 5,000,000.00 4,776,720.00 4,998,882.22 0.600 511 0.616 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 3,000,000.00 2,866,032.00 3,000,000.00 0.600 511 0.600 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 1,000,000.00 955,344.00 999,860.28 0.600 511 0.610 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 1,000,000.00 955,344.00 999,860.28 0.600 511 0.610 2/24/2026 3130ALCB8       Federal Home Loan Bank 2/24/2021 1,000,000.00 955,535.00 1,000,000.00 0.680 511 0.680 2/24/2026 3130AL7M0       Federal Home Loan Bank 2/24/2021 1,000,000.00 955,253.00 999,860.28 0.625 511 0.635 2/24/2026 3130AKWM4       Federal Home Loan Bank 2/26/2021 1,000,000.00 993,269.00 1,000,000.00 0.300 56 0.300 11/26/2024 3130ALFS8       Federal Home Loan Bank 3/10/2021 1,000,000.00 957,009.00 1,000,000.00 0.800 525 0.800 3/10/2026 3130ALDN1       Federal Home Loan Bank 3/16/2021 1,000,000.00 956,506.00 1,000,000.00 0.800 531 0.800 3/16/2026 3130ALDN1       Federal Home Loan Bank 3/16/2021 1,000,000.00 956,506.00 1,000,000.00 0.800 531 0.800 3/16/2026 3130ALGB4       Federal Home Loan Bank 3/17/2021 1,000,000.00 956,365.00 1,000,000.00 0.800 532 0.800 3/17/2026 3130ALGJ7       Federal Home Loan Bank 3/23/2021 975,000.00 934,510.20 975,000.00 1.000 538 1.000 3/23/2026 3130ALGC2       Federal Home Loan Bank 3/23/2021 1,000,000.00 956,456.00 1,000,000.00 0.875 538 0.875 3/23/2026 3130ALLN2       Federal Home Loan Bank 3/24/2021 2,000,000.00 1,928,450.00 2,000,000.00 1.000 539 0.871 3/24/2026 3130ALNU4       Federal Home Loan Bank 3/24/2021 1,000,000.00 982,370.00 1,000,000.00 0.680 174 0.680 3/24/2025 3130AM2F8       Federal Home Loan Bank 4/29/2021 1,000,000.00 957,766.00 1,000,000.00 1.125 575 1.125 4/29/2026 3130AM4L3       Federal Home Loan Bank 4/29/2021 1,000,000.00 962,791.00 1,000,000.00 1.250 575 1.100 4/29/2026 3130AMJH6       Federal Home Loan Bank 5/26/2021 1,000,000.00 954,388.00 1,000,000.00 1.050 602 1.050 5/26/2026 3130AML42       Federal Home Loan Bank 5/27/2021 1,000,000.00 960,195.00 1,000,000.00 1.200 603 0.957 5/27/2026 3130AMCM2       Federal Home Loan Bank 6/3/2021 1,250,000.00 1,237,423.75 1,249,897.94 2.000 588 1.543 5/12/2026 3130AMM41       Federal Home Loan Bank 6/16/2021 5,000,000.00 4,767,890.00 5,000,000.00 1.000 623 1.000 6/16/2026 3130AMPT3       Federal Home Loan Bank 6/23/2021 5,000,000.00 4,767,720.00 5,000,000.00 1.030 630 1.030 6/23/2026 3130AMYP1       Federal Home Loan Bank 7/15/2021 3,000,000.00 2,860,200.00 3,000,000.00 1.125 652 1.125 7/15/2026 3130ANWH9       Federal Home Loan Bank 9/24/2021 1,000,000.00 948,412.00 1,000,000.00 1.080 714 1.080 9/15/2026 3130ANYS3       Federal Home Loan Bank 10/12/2021 1,000,000.00 978,389.00 999,697.46 0.625 211 0.678 4/30/2025 3130APB87       Federal Home Loan Bank 10/13/2021 1,000,000.00 947,878.00 1,000,000.00 1.100 742 1.100 10/13/2026 3130APB87       Federal Home Loan Bank 10/13/2021 1,000,000.00 947,878.00 1,000,000.00 1.100 742 1.100 10/13/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 946,747.00 1,000,000.00 1.050 744 1.050 10/15/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 946,747.00 1,000,000.00 1.050 744 1.050 10/15/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 946,747.00 1,000,000.00 1.050 744 1.050 10/15/2026 3130AP3X1       Federal Home Loan Bank 10/15/2021 1,000,000.00 946,553.00 999,877.67 1.040 744 1.046 10/15/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 946,747.00 1,000,000.00 1.050 744 1.050 10/15/2026 487
5/7
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
October 1 ‐ October 31, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
3130AP3X1       Federal Home Loan Bank 10/15/2021 1,000,000.00 946,553.00 1,000,000.00 1.040 744 1.040 10/15/2026 3130APAY1       Federal Home Loan Bank 10/21/2021 3,000,000.00 2,841,939.00 3,000,000.00 1.100 750 1.100 10/21/2026 3130APBF1       Federal Home Loan Bank 10/22/2021 1,000,000.00 948,222.00 1,000,000.00 1.150 751 1.150 10/22/2026 3130APBF1       Federal Home Loan Bank 10/22/2021 2,000,000.00 1,896,444.00 2,000,000.00 1.150 751 1.150 10/22/2026 3130APHT5       Federal Home Loan Bank 10/26/2021 2,000,000.00 1,897,906.00 2,000,000.00 1.200 755 1.200 10/26/2026 3130APC45       Federal Home Loan Bank 10/26/2021 1,000,000.00 948,558.00 1,000,000.00 1.180 755 1.180 10/26/2026 3130APHT5       Federal Home Loan Bank 10/26/2021 2,000,000.00 1,897,906.00 1,999,586.11 1.200 755 1.210 10/26/2026 3130APCX1       Federal Home Loan Bank 10/26/2021 1,000,000.00 949,942.00 1,000,000.00 1.250 755 1.250 10/26/2026 3130APCX1       Federal Home Loan Bank 10/26/2021 2,000,000.00 1,899,884.00 2,000,000.00 1.250 755 1.250 10/26/2026 3130APCX1       Federal Home Loan Bank 10/26/2021 1,000,000.00 949,942.00 1,000,000.00 1.250 755 1.250 10/26/2026 3130APF91       Federal Home Loan Bank 10/27/2021 1,000,000.00 990,496.00 1,000,000.00 0.650 87 0.650 12/27/2024 3130APG82       Federal Home Loan Bank 10/28/2021 1,000,000.00 960,580.00 1,000,000.00 1.000 757 1.264 10/28/2026 3130APHV0       Federal Home Loan Bank 10/28/2021 2,000,000.00 1,896,830.00 2,000,000.00 1.180 757 1.180 10/28/2026 3130APDQ5       Federal Home Loan Bank 10/28/2021 1,000,000.00 949,802.00 1,000,000.00 1.250 757 1.250 10/28/2026 3130APKZ7       Federal Home Loan Bank 10/28/2021 1,000,000.00 986,813.00 1,000,000.00 0.875 119 0.875 1/28/2025 3130APKQ7       Federal Home Loan Bank 11/10/2021 1,000,000.00 947,806.00 1,000,000.00 1.250 770 1.250 11/10/2026 3130APKQ7       Federal Home Loan Bank 11/10/2021 1,000,000.00 947,806.00 998,945.83 1.250 770 1.302 11/10/2026 3130APKQ7       Federal Home Loan Bank 11/10/2021 1,000,000.00 947,806.00 1,000,000.00 1.250 770 1.250 11/10/2026 3130APLP8       Federal Home Loan Bank 11/16/2021 1,000,000.00 951,137.00 1,000,000.00 1.375 776 1.375 11/16/2026 3130APLP8       Federal Home Loan Bank 11/16/2021 1,000,000.00 951,137.00 1,000,000.00 1.375 776 1.375 11/16/2026 3130APL37       Federal Home Loan Bank 11/16/2021 1,000,000.00 951,644.00 1,000,000.00 1.400 776 1.400 11/16/2026 3130APNK7       Federal Home Loan Bank 11/18/2021 1,000,000.00 951,008.00 1,000,000.00 1.375 778 1.375 11/18/2026 3130APPZ2       Federal Home Loan Bank 11/23/2021 1,000,000.00 953,185.00 1,000,000.00 1.500 783 1.500 11/23/2026 3130AQ3T8       Federal Home Loan Bank 12/23/2021 1,000,000.00 963,994.00 1,000,000.00 2.000 813 1.641 12/23/2026 3130AQAB9       Federal Home Loan Bank 12/30/2021 1,250,000.00 1,191,977.50 1,250,000.00 1.625 820 1.625 12/30/2026 3130B2ZR9 Federal Home Loan Bank 10/3/2024 2,500,000.00 2,479,175.00 2,500,000.00 4.050 1,086 4.080 9/24/2027 3130B33X9 Federal Home Loan Bank 10/18/2024 7,000,000.00 6,935,810.00 6,987,750.00 4.500 1,817 4.540 10/9/2029 3134GXQF4       Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 981,031.00 1,000,000.00 3.250 924 3.250 4/13/2027 3134GXSH8       Federal Home Loan Mtg Corp 5/17/2022 1,000,000.00 988,181.00 1,000,000.00 4.000 958 4.000 5/17/2027 3134GXTD6       Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,988,716.00 2,000,000.00 3.500 234 3.500 5/23/2025 3134GXSZ8       Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,987,638.00 2,000,000.00 3.400 234 3.400 5/23/2025 3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,997,134.00 2,000,000.00 4.000 967 4.213 5/26/2027 3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 1,000,000.00 998,567.00 1,000,000.00 4.000 967 4.213 5/26/2027 3134GXTB0       Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,990,154.00 1,999,926.77 3.250 148 3.261 2/26/2025 3134GXTB0       Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,990,154.00 2,000,000.00 3.250 148 3.251 2/26/2025 3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,997,134.00 2,000,000.00 4.000 967 4.213 5/26/2027 3134GXTE4       Federal Home Loan Mtg Corp 5/27/2022 1,000,000.00 996,533.00 1,000,000.00 4.000 968 4.000 5/27/2027 3134GXUJ1       Federal Home Loan Mtg Corp 5/27/2022 2,000,000.00 1,994,994.00 2,000,000.00 3.250 57 3.250 11/27/2024 3134GXA61       Federal Home Loan Mtg Corp 6/30/2022 1,000,000.00 998,185.00 1,000,000.00 4.000 90 4.000 12/30/2024 3134GXZN7       Federal Home Loan Mtg Corp 7/12/2022 1,000,000.00 1,002,769.00 1,000,000.00 4.250 1,014 4.250 7/12/2027 3134GXD50       Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 996,038.00 1,000,000.00 4.000 293 4.000 7/21/2025 3134GXD50       Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 996,038.00 1,000,000.00 4.000 293 4.000 7/21/2025 3134GXE67       Federal Home Loan Mtg Corp 7/28/2022 1,000,000.00 999,395.00 1, 000,000.00 4.250 1,030 4.250 7/28/2027 3134GXQ23       Federal Home Loan Mtg Corp 8/25/2022 1,000,000.00 1,000,213.00 1,000,000.00 4.250 1,058 4.250 8/25/2027 3134GYJ29       Federal Home Loan Mtg Corp 1/17/2024 1,000,000.00 998,799.00 1,000,000.00 5.150 136 5.146 2/14/2025 3134H1TG8       Federal Home Loan Mtg Corp 2/21/2024 5,000,000.00 5,004,615.00 5,000,000.00 5.500 1,604 5.500 2/21/2029 3134H1TY9       Federal Home Loan Mtg Corp 2/23/2024 1,000,000.00 1,000,663.00 1,000,000.00 5.150 505 5.150 2/18/2026 3134H1TY9       Federal Home Loan Mtg Corp 2/23/2024 1,000,000.00 1,000,663.00 1,000,000.00 5.150 505 5.150 2/18/2026 3134H1VM2       Federal Home Loan Mtg Corp 2/27/2024 5,000,000.00 4,998,975.00 5,000,000.00 5.250 514 5.250 2/27/2026 3134GXKJ2       Federal Home Loan Mtg Corp 1/22/2021 2,000,000.00 1,918,744.00 2,000,000.00 0.550 478 0.550 1/22/2026 488
6/7
City of Oxnard
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
October 1 ‐ October 31, 2024
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date
3137EAEX3 Federal Home Loan Mtg Corp 10/3/2024 2,500,000.00 2,413,875.00 2,415,200.00 0.375 355 0.390 9/23/2025 3135GAL82       Federal National Mtg Assn 1/23/2024 2,000,000.00 2,002,116.00 2,000,000.00 5.150 100 5.147 1/9/2025 91282CFP1 U.S. Treasury 10/3/2024 2,500,000.00 2,498,400. 00 2,508,400.00 4.250 377 4.250 10/15/2025 LAIF            LAIF 75,000,000.00 75,000,000.00 75,000,000.00 4.272 1 4.272 037833DF4       Apple Inc. 12/28/2023 10,000,000.00 9,959,900.00 9,946,656.18 2.750 104 4.700 1/13/2025 037833DX5       Apple Inc. 1/26/2021 1,000,000.00 970,080.00 1,000,110.60 0.550 323 0.537 8/20/2025 037833EB2       Apple Inc. 2/8/2021 1,000,000.00 954,830.00 999,986.47 0.700 495 0.071 2/8/2026 06048WS43       Bank of America 2/18/2022 3,000,000.00 2,910,210. 00 3,000,000.00 2.000 321 2.000 8/18/2025 06048WV98       Bank of America 5/27/2022 2,000,000.00 1,968,900. 00 2,000,000.00 4.050 603 4.050 5/27/2026 06048WW63       Bank of America 6/22/2022 1,000,000.00 995,380. 00 1,000,000.00 5.000 994 5.000 6/22/2027 06051GFS3       Bank of America 1/8/2021 1,000,000.00 995,170. 00 1,025,080.95 3.875 304 0.804 8/1/2025 06048WL32       Bank of America 2/24/2021 1,000,000.00 946,470. 00 1,000,000.00 0.800 511 0.080 2/24/2026 06048WL99       Bank of America 5/14/2021 1,000,000.00 953,570. 00 1,000,000.00 1.400 590 1.400 5/14/2026 06048WL99       Bank of America 5/14/2021 2,000,000.00 1,907,140. 00 2,000,000.00 1.400 590 1.400 5/14/2026 06048WL99       Bank of America 5/14/2021 2,000,000.00 1,907,140. 00 2,000,000.00 1.400 590 1.400 5/14/2026 06048WM64       Bank of America 7/12/2021 1,000,000.00 930,660. 00 999,471.54 1.200 632 1.231 6/25/2026 06048WM72       Bank of America 7/30/2021 1,000,000.00 934,830. 00 1,000,000.00 1.200 667 1.200 7/30/2026 06048WP20       Bank of America 9/24/2021 1,000,000.00 929,880. 00 1,000,000.00 1.250 723 1.250 9/24/2026 06048WP20       Bank of America 9/24/2021 1,000,000.00 929,880. 00 1,000,000.00 1.250 723 1.250 9/24/2026 06748WMK6       Barclays Bank PLC 10/29/2021 1,000,000.00 973,500.00 1,000,000.00 1.000 210 1.000 4/29/2025 17290A2M1       Citi Bank 7/21/2021 1,000,000.00 936,910.00 1,000,000.00 1.400 658 1.400 7/21/2026 38150AH99       Goldman Sachs 8/17/2021 1,000,000.00 933,300.00 1,000,000.00 1.350 685 1.350 8/17/2026 24422EVK2       John Deere Capital 1/27/2021 3,000,000.00 2,869,320. 00 3,000,000.00 0.700 471 0.700 1/15/2026 48133MAB6       JP Morgan 8/15/2022 1,000,000.00 966,950.00 1,000,000.00 4.200 1,046 4.200 8/13/2027 48128G4X5       JP Morgan 8/30/2021 1,000,000.00 923,520.00 1,000,000.00 1.200 696 1.200 8/28/2026 48128G4X5       JP Morgan 8/30/2021 1,000,000.00 923,520.00 1,000,000.00 1.200 696 1.200 8/28/2026 53961LAF6       Local Initiatives Support 1/28/2021 1,510,000.00 1,424,126. 30 1,510,000.00 0.950 471 0.950 1/15/2026 89236THZ1       Toyota Motor Credit 2/1/2021 2,000,000.00 1,932,660. 00 2,000,000.00 0.400 125 0.400 2/3/2025 459058JA2       Intl Bank Recon  & Dev 3/1/2021 1,000,000.00 983,620.00 1,000,982.07 0.750 161 0.526 3/11/2025 912797LD7       U.S. Treasury 5/20/2024 3,000,000.00 2,994,990. 00 2,981,305.49 5.099 44 5.303 11/14/2024 912797LD7       U.S. Treasury 5/20/2024 2,000,000.00 1,996,660. 00 1,987,533.33 5.100 44 5.305 11/14/2024 912797MS3 U.S. Treasury 10/3/2024 2,500,000.00 2,404,775. 00 2,404,697.00 3.970 364 3.970 10/2/2025 Total 422,355,365.06                    413,826,970.91                  422,106,507.29 Local Agency Investment Funds
Medium Term Notes
Supranational
Treasury Discounts ‐Amortizing
489
Investment activities for the month of October 2024
Investment Purchases
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
10/3/2024 Buy 912797MS3 U.S. Treasury 2,500,000.0 0$            3.970 10/2/2025 10/3/2024 Buy 3137EAEX3 Federal Home Loan Mtg Corp 2,500,000.0 0$            0.375 9/23/2025 10/3/2024 Buy 3130B2ZR9 Federal Home Loan Bank 2,500,000.0 0$            4.050 9/24/202 7 10/3/2024 Buy 91282CFP1 U.S. Treasury 2,500,000.0 0$            4.250 10/15/2025 10/8/2024 Buy LAIF 3,000,000.0 0$
10/18/2024 Buy 3130B33X 9 Federal Home Loan Bank 7,000,000.0 0$            4.500 10/9/2029 10/28/2024 Buy VCIP 17,000,000.0 0$
Total Purchases 37,000,000.00$
Investment Maturities, Calls & Sales
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
10/2/2024 Call 3130AYBY1        Federal Home Loan Bank 12,000,000.0 0$ 10/4/2024 Maturity 31422XNQ1        Farmer Mac 3,000,000.0 0$ 10/10/2024 Maturity 3133EPYB5        Federal Farm Credit Bank 2,000,000.0 0$ 10/15/2024 Call 3135GALZ2        Federal National Mtg Assn 3,000,000.0 0$ 10/15/2024 Call 3130AT3P0        Federal Home Loan Bank 1,000,000.0 0$ 10/17/2024 Call 3134GX3R3        Federal Home Loan Mtg Corp 1,000,000.0 0$ 10/17/2024 Maturity 912797KU0        U.S. Treasury 10,000,000.0 0$ 10/17/2024 Call 3130AYLP9        Federal Home Loan Bank 1,000,000.0 0$ 10/21/2024 Call 06048WZ29        Bank of America 1,000,000.0 0$ 10/21/2024 Call 3134H1PK3        Federal Home Loan Mtg Corp 1,000,000.0 0$ 10/28/2024 Call 3134GYEY4        Federal Home Loan Mtg Corp 1,000,000.0 0$ 10/28/2024 Call 3130AUJV7        Federal Home Loan Bank 1,000,000.0 0$ 10/28/2024 Call 3130AUMY7        Federal Home Loan Bank 1,000,000.0 0$ 10/28/2024 Call 3130AYNA0        Federal Home Loan Bank 1,000,000.0 0$ 10/28/2024 Call 3130AVRV6        Federal Home Loan Bank 3,000,000.0 0$ 10/28/2024 Call 95001DCG3        Wells Fargo 1,000,000.0 0$ 10/28/2024 Call 3135GAEB3        Federal National Mtg Assn 2,000,000.0 0$ Total Maturities, Calls & Sales 45,000,000.00$
490
City of Oxnard
Monthly Investment Report
as of October 31, 2024
December 3, 2024
City Council
Presented by:

Javier Chagoyen-Lazaro, City of Oxnard
Chief Financial Officer
491
Recommendation 2
That The City Council receive and file the City of Oxnard Monthly Investment Report as of October 31, 2024.
492
City of Oxnard Cash and Investment as of October 31, 2024 Discussion 3
493
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 $75.00 $- $- $75.0 4.52% 18.12%
VCIP n/a 50.3 - - 50.3 4.34% 12.15%
Federal Agencies n/a 42.1 178.1 20.0 240.1 2.03% 58.02% Medium Term Notes 30% 17.7 22.3 - 40.1 2.27% 9.68%
Supranational 20% 1.0 - - 1.0 4.93% 0.24%
Treasuries n/a 7.40 - - 7.4 5.33% 1.79%
Total Investment $193.5 $200.4 $20.0 $413.8 2.85% 100%
*Total may not add due to rounding
Investment Compliance
494
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 Oct-24 Millions
Cash and Investment Position
Par Value Investment. VCIP LAIF Cash
495
Discussion 6
-
20 40
60 80
100
120
140
160
0 - 30 days 31-180 days 181-365 days 365-730 days 731-1096 days > 1096 days Millions
Portfolio Maturity as of October 31, 2024
496
Discussion 7
Investment Return Trend

2.07%

2.50%

2.97% 2.79%

2.83%

3.17%

4.58% 4.52%

3.81%

4.49%

3.58% 4.16%

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 Oct 2024 City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
497
Recommendation 8
That The City Council receive and file the City of Oxnard Monthly Investment Report as of October 31, 2024.
498
9 Questions / Discussion
499

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.11

DATE: December 3, 2024

TO: City Council

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

SUBJECT: Conflict of Interest Code Amendment.

RECOMMENDATION

That the City Council adopt a resolution repealing all previous Conflict of Interest Code resolutions and adopting an amended Conflict of Interest Code pursuant to the Political Reform Act to update the list of designated positions filing Statements of Economic Interests (“Form 700”).

(This item did not originate in committee.)

BACKGROUND

The Political Reform Act of 1974 (Government Code,§§ 81000 et seq.) (the "Act") requires all public agencies to adopt and maintain a conflict of interest code, which includes a list of positions that must file Statements of Economic Interests disclosing certain financial interests relating to particular duties. The Act further requires that agencies regularly review and update their conflict of interest codes as necessary as directed by the code-reviewing body or when change is necessitated by changed circumstances. (Gov. Code, §§ 87306, 87306.5.) The City Council is the code-reviewing body.

This update is needed at this time to serve as the regular update of the Code.

The City Clerk and the City Attorney's Office have reviewed the City's Conflict of lnterest Code and have determined that updates to the Code are necessary. All City departments were consulted and verified their Form 700 filing positions.

The proposed revisions are based on the establishment and recognition of new positions that must be designated, the deletion of titles that have been eliminated, the consolidation of designated positions, and the placement of designated positions into their updated departments.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

500

ATTACHMENTS

1. 2024 Conflict of Interest Code Resolution

501

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD REPEALING ALL

PREVIOUS CONFLICT OF INTEREST CODE RESOLUTIONS AND ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Oxnard (“City”) and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) in compliance with the Act, and has amended the Code in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Code; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on December 3, 2024 at which all present were given an opportunity to be heard on the proposed amended Code.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

SECTION 1. The City Council hereby repeals all previous Conflict of Interest Code resolutions.

SECTION 2. The City Council hereby adopts the proposed amended Conflict of Interest Code, attached hereto as Exhibit A.

SECTION 3. The amended Conflict of Interest Code shall be on file with the City Clerk and available to the public for inspection and copying.

PASSED AND ADOPTED THIS 3rd day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
502
John Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
503
Exhibit A

CITY OF OXNARD

CONFLICT OF INTEREST CODE
2024
300 West Third Street
Oxnard, California 93030
504

CITY OF OXNARD

CONFLICT OF INTEREST CODE

INCORPORATION PAGE
The Political Reform Act (Gov. Code, §§ 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (Cal. Code Regs., tit. 2, § 18730) (“Section 18730”) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the Fair Political Practices Commission may amend Section 18730 to conform to amendments in the Political Reform Act.

Therefore, the terms of Section 18730 and any amendments to Section 18730 that the Fair Political Practices Commission adopts are hereby incorporated by reference. This incorporation page, Section 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the City of Oxnard (the “City”) Conflict of Interest Code.

All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and make all statements available for public inspection and reproduction during regular business hours. (Gov. Code, § 81008.)
All statement of economic interest filers shall complete AB 1234 Ethics Training for Public Officials every two years, and within 60 days of assuming office. 505
App. A-1

APPENDIX

CITY OF OXNARD

CONFLICT OF INTEREST CODE

OFFICER AND EMPLOYEE DESIGNATIONS
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer are not subject to the City of Oxnard Conflict of Interest Code but must file disclosure statements under Government Code section 87200 et seq. (Cal.

Code Regs., tit. 2, § 18730, subd. (b)(3).)

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
The City has determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only:

Chief Financial Officer
Assistant City Treasurer/Assistant Chief Financial Officer Housing Financial Officer
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code section 87200.
506
App. A-2

DESIGNATED POSITIONS
(GOVERNED BY THE CITY OF OXNARD CONFLICT OF INTEREST CODE)

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED City Attorney’s Office
Assistant City Attorney 1, 2
Chief Assistant City Attorney 1, 2
Deputy City Attorney I/II/III/IV 1, 2
Law Office Manager 5
City Clerk’s Office
Assistant City Clerk 5
City Clerk 5
City Manager’s Office
Administrative Analyst (Senior/Supervisor) 2, 3, 5, 6
Administrative Services Analyst 2, 3, 5
Administrative Services Manager 1, 2
Assistant City Manager 1, 2
Deputy City Manager 1, 2
Information Technology Supervisor 5
Department of Billing and Licensing
Assistant City Treasurer/Department Director I 1, 2
Administrative Services Administrator/Supervisor 4
507
App. A-3

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED Community Development Department
Administrative Services Administrator/Supervisor 5
Administrative Services Analyst 2, 3
Assistant Department Director II 1, 2
Assistant Engineer 3, 5, 6
Associate Engineer 3, 5, 6
Building/Construction Inspector I/II 3, 5, 6
Civil Engineer 3, 5, 6
Contract Planner 2, 3, 5, 6
Department Director II 1, 2
Engineer Division Manager 3, 5, 6
Inspections/Code Compliance Administrator 5, 6
Inspections Field Supervisor 3, 5, 6
Permit Coordinator 2, 3, 5, 6
Planner 2, 3, 5, 6
Planner, Assistant 2, 3, 5, 6
Planning Manager 1, 2
Planning Supervisor 2, 3, 5, 6
508
App. A-4

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED Cultural and Community Services Department
Administrative Services Administrator/Supervisor 5, 6
Administrative Services Analyst 5, 6
Administrative Services Analyst, Senior 5, 6
Assistant Department Director I 1, 2
Cultural & Recreation Services Analyst 5, 6
Cultural and Recreation Services Manager 1, 2, 5, 6
Cultural & Recreation Services Supervisor 5, 6
Department Director I 1, 2
Library Manager 1, 5
Finance Department
Administrative Services Administrator/Supervisor 4
Administrative Services Analyst 4
Administrative Services Analyst, Senior 4
Administrative Services Manager 5
Assistant Department Director NRC I 4
Department Director II 1, 2
509
App. A-5

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED Fire Department
Administrative Services Analyst 4, 5
Administrative Services Analyst 5
Assistant Fire Chief 1, 2
Battalion Chief 5, 6
CUPA Manager 5, 6
Emergency Services Manager 5
EMS Coordinator 5
Fire Chief 1, 2
Fire Environmental Specialist I/II 6
Housing Department
Administrative Services Administrator/Supervisor 1, 2, 6 Administrative Services Analyst 3, 5
Administrative Services Analyst, Senior 2, 3, 5
Administrative Services Manager 1, 2, 6
Assistant Department Director I 6
Code Compliance Inspector 2, 3, 5, 6
Department Director II 1, 2
Maintenance & Operations Superintendent 5
510
App. A-6

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED Human Resources Department
Assistant Department Director NRC I 5
Department Director I 1, 2
Administrative Services Manager 5
Information Technology Department
Department Director I 1, 2
Deputy Chief Information Officer 5
Information Technology Officer I/II 5
Information Technology Supervisor 5
Police Department
Administrative Services Administrator 5
Administrative Services Manager 5
Assistant Police Chief 1, 2
Police Chief 1, 2
Police Commander 5, 6
Property & Records Manager 5
Public Safety Communications Manager 5
511
App. A-7

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED Public Works Department
Administrative Services Administrator 4, 5
Administrative Services Analyst 4, 5
Administrative Services Analyst, Senior 4, 5
Administrative Services Manager 1, 2
Administrative Services Supervisor 5
Assistant Department Director II 1, 2
Assistant Director of Utilities 1, 2
Chief Plant Operator 4
City Engineer 1, 2
Construction Project Manager 2, 3, 4
Department Director III 1, 2
Engineer Division Manager 1, 2
Fleet Services Mechanic Supervisor 5
Maintenance Crew Supervisor 5
Maintenance & Operations Superintendent 2, 5, 6
Plant Maintenance Superintendent 2, 5, 6
Plant Maintenance Supervisor 5
Plant Operations Manager 5
Senior Engineer 1, 2
Special Districts Manager 2, 3, 5
Utilities Manager 2, 5, 6
512
App. A-8

DESIGNATED POSITIONS DISCLOSURE CATEGORIES ASSIGNED Utilities Technical Services Manager 2, 5, 6
Members of Boards, Committees & Commissioners
Downtown Design Review Committee Member 1, 2
Finance Authority Board Member 1, 2
Housing Authority Commissioner 1, 2
Las Cortes Member 1, 2
Measure “O” Citizen Oversight Committee 1, 2
Member
Mobilehome Park Rent Review Board Member 2, 6
Miscellaneous
Consultants and New Positions2 1, 2
Acting Positions Subject to the same disclosure as
position performed
Interim Positions Subject to the same disclosure as
position performed
2 Individuals providing services as a “consultant,” as that term is defined in section 18700.3 of title 2 of the California Code of Regulations, or in a new position created since this Conflict of Interest Code was last approved that makes or participates in making decisions shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code, § 82019; Cal Code Regs., tit. 2, §§ 18219, 18734.) The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code, § 81008.) 513
App. A-9

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are engaged in development, construction, appraisal, or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type utilized by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit, or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are subject to the regulatory, permit, or licensing authority of the designated position’s department, unit, or division.

3 This Conflict of Interest Code does not require the reporting of gifts from outside the City’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Cal. Code Regs., tit. 2, § 18730.1)
514

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.12

DATE: December 3, 2024

TO: City Council

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

SUBJECT: AB1600 Annual Report for Development Impact and In-Lieu Fees for the fiscal year ending June 30, 2024.

RECOMMENDATION

That the City Council receive and file the AB1600 Annual and Five-Year Report for Development Impact and In-Lieu Fees for the fiscal year and five years ending June 30, 2024.

(Finance and Governance Committee approve 3-0 on November 12, 2024)

BACKGROUND

Development Impact Fees (DIFs) are a monetary exaction, other than a tax or special assessment, which is charged by a local governmental agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The Mitigation Fee Act (Act), commonly known as Assembly Bill 1600 (AB1600), was adopted by the state of California in 1987 and created Section 66000 et. Seq. of the Government Code. AB1600 was enacted to ensure that new development mitigates its impact on the City’s infrastructure.

AB1600 requires that agencies report annually on the fees collected and the use of those fees. The specific requirements are:

1. Brief description of the type of fee in the account or fund

2. Amount of the fee

3. Beginning and ending balance in the account or fund

4. Amount of fees collected and the interest earned during the previous year

5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete

7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan

8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
On October 11, 2023, California Governor Gavin Newson signed into law AB 516 which amended certain portions of the Mitigation Fee Act related to the annual and five-year reporting requirements. Under AB 516, Requirements 6 and 8 have been expanded to include:

6a. Identification of each public improvement identified in the previous report and whether construction began on the 515
approximate date noted
6b. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable 8a. For any refunds made, the number of persons or entities identified to receive those refunds

DISCUSSION

The City Council last approved the required annual report on the City’s development impact fees on December 19, 2023 for the fiscal years ended June 30, 2023. The City has contracted with Harris & Associates, Inc. to prepare the required AB1600 Report for the fiscal year ended June 30, 2024. The attached report (Attachment 1) provides all of the required information as noted in the Background section above for the fiscal year ended June 30, 2024.

The City’s Affordable Housing and utility undergrounding In-Lieu fees are also included in this report. These are fees that developers may elect to pay in-lieu of building the required inclusionary units or undergrounding their fronting utilities.

Improvements to the City’s infrastructure are identified to meet current needs and to accommodate future growth. The governing document identifying these improvements may be the Capital Improvement Program (CIP), an Environmental Impact Report, a master plan, or a specific City Council action. The City recently adopted the 2025-2029 CIP plan which has also influenced the projects identified in the report.

New development that benefits from a particular improvement pays its pro-rata share of that improvement. Usually, the pro-rata share (fee) collected does not fully fund the infrastructure so other City resources are included. When an improvement benefitting a property has been constructed by the City, the new development’s pro-rata share (fee) reimburses the City. If a developer has constructed an improvement, they receive reimbursement from fees collected by the City from other developments that contributed to the fee program that infrastructure is a part of. For relevant projects, the attached report shows how much of the project is funded with fees. The dates of the improvements are dependent upon the rate of development and the collection of sufficient revenues to complete the improvements.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

AB1600 allows a local agency to impose fees in connection with approval of a development project to defray all or a portion of the cost of public facilities related to the development project. If the local agency does not identify a specific use for the funds collected or uses of the funds for the specified public facility, it is required to refund, on a pro rata basis to the current record owner(s), the unexpended portion of the fee and any interest accrued thereon.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on November, 12 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. FY 2023-24 AB1600 Report

2. AB1600 FY 2023-24 Presentation

516

AB1600 Annual Report for
Development Impact and In-Lieu Fees
City of Oxnard

For the Fiscal Year Ending June 30, 2024

Prepared by:

101 Progress, Suite 250 | Irvine, CA | 92618
517

Development Impact Fee Annual Report (FY 23-24)

Table of Contents

Executive Summary .................................................................................................................................. 1 Section 1 – Requirements of the Mitigation Fee Act (AB1600) ............................................................... 2 Section 2 – Annual Report ........................................................................................................................ 4 Fund 350-8020: Park and Recreation Fee ............................................................................................. 4 Fund 350-8030: Storm Drain Facility Fee ............................................................................................ 9 Fund 350-8040: Traffic Circulation Fee ............................................................................................. 14 Funds 350-8050 & 350-8060: Growth Requirement Capital Fee ....................................................... 19 Fund 350-8055: Mobility Fee ............................................................................................................. 25 Fund 350-8080: Public Art Program Fee ............................................................................................ 29 Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge ............................. 34 Fund 613: Wastewater Collection Connection & Treatment Fee ....................................................... 40 Fund 360-7050: Affordable Housing In-Lieu Fee .............................................................................. 45 Fund 350-8070: Utility Undergrounding In-Lieu Fee ........................................................................ 50 Section 3 – Fund Summary ..................................................................................................................... 54

518
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 1

Executive Summary
Development Impact Fees (DIFs) are fees imposed by a local government on new or proposed development projects to ensure public services and infrastructure will be sufficient to serve those new development projects. California state law requires local agencies, on an annual basis, to prepare a report on the status of their Development Impact Fee (DIF) program in accordance with California Assembly Bill 1600 (AB1600) . The City’s In -Lieu fees that new development may choose to pay in lieu of mitigating their impacts through construction are also included in this report. This report will serve as the City of Oxnard’s AB1600 report for the fiscal year starting July 1, 2023, and ending June 30, 2024 (FY 23-24).

The City of Oxnard’s AB1600 five-year report was completed last year for the fiscal year starting July 1, 2018, and ending June 30, 2023. The next five -year report will be completed with the AB1600 Report for FY 27-28 and will cover July 1, 2023 to June 30, 2028.

The fees for Parks and Recreation, Storm Drain, Traffic Circulation, Growth Requirement Capital (Residential and Non -Residential), Public Art Pro gram, Utility Undergrounding In -Lieu, and Affordable Housing In-Lieu were updated on May 19, 2020, by Resolution 15,329 adopting the City of Oxnard Development Impact Fee Nexus Study (April 2020) and Resolution 15,330 adopting the Affordable Housing In Lieu Fee Nexus Study (April 2020). To assist developers with adjusting to the new rates, Council adopted a phased in approach based upon level of fee increase and comparison with surrounding jurisdiction DIFs. The updated fees became effective July 18, 2020, and are adjusted annually using the June Engineering News Record (ENR) Construction Cost Increase (CCI) for the Los Angeles region. The City is currently working on updating the DIFs and anticipates adoption in 2025.

The City of Oxnard currently collects the DIFs and In-Lieu fees listed in the table below.

Fee Fund Number
Parks and Recreation Fee 350-8020
Storm Drain Facility Fee 350-8030
Traffic Circulation Fee 350-8040
Growth Requirement Capital Fee
(Residential & Non-Residential)
350-8050 &
350-8060
Mobility Fee 350-8055
Art in Public Places Fee 350-8080
Water Resource Development Fee 603
Water Capital Facility Charge 605
Wastewater Collection Connection & Treatment Fee 613
Affordable Housing In-Lieu Fee 360-7050
Utility Undergrounding In-Lieu Fee 350-8070
519
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 2

Section 1 – Requirements of the Mitigation Fee Act (AB1600) Assembly Bill 1600 (AB1600), commonly known as the Mitigation Fee Act, was enacted by the State of California in 1987 and created Section 66000 et. seq. of the Government Code. AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each fiscal year, the City must make available the following information from the prior fiscal year:

1. Brief description of the type of fee in the account or fund

2. Amount of the fee

3. Beginning and ending balance in the account or fund

4. Amount of fees collected and the interest earned during the previous year

7. Description of each inter fund transfer or loan made from the account , including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan

8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects

On October 11, 2023, California Governor Gavin Newson signed into law AB 516 which amended certain portions of the Mitigation Fee Act related to the annual and five -year reporting requirements. Under AB 516, Requirements 6 and 8 have been expanded to include:

6a. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted
6b. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable
8a. For any refunds made, the number of persons or entities identified to receive those refunds For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:

1. Identification of the purpose to which the fees are to be put

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged

3. Identification of all sources and amounts of funding anticipated to complete financing for incomplete improvements identified as part of the City’s annual report

4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund

520
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 3

The City must make this information available for public review and must present it at the next regularly scheduled public meeting no less than 15 days after this information is made available to the public. This report is intended to satisfy the annual reporting requirements for FY 23-24. The City previously completed a five-year report in FY 22-23.

521
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 4

Section 2 – Annual Report
The following section provides information necessary to meet the legal requirements for each impact fee fund. This includes a brief description of the fee, the amount of the fee, the beginning and ending balances, fee revenues collected, interest earned, and the expenditures on each project including the percentage that was funded with fees . It also includes a table summary of whether sufficient funds have been identified to complete future projects and the approximate date by which the construction of the public improvement will commence if sufficient funds have been identified.

Any transfers or loans are also identified as well as any refunds from the account.

Fund 350-8020: Park and Recreation Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The Park and Recreation Fee requires that all
new residential development pay a one -time
fee per residential unit to fund the construction
of new parks and/or to add additional
amenities at the City’s existing parks that
increase capacity of the park . The Park and
Recreation Fee was originally established by
Ordinances 1421, 1448, 1696, 1949, and 2031
and was updated in 2020 via Resolution
15,329.

Requirement 2. Amount of the fee.

The Park and Recreation Fee for FY 23-24 is summarized in Table 1.

Table 1: Park and Recreation Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 2 summarizes the beginning and ending fund balances for the Park and Recreation Fee for FY 23-24.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
Residential (per DU)
Single Family $6,993.00 $7,784.82
Multi Family $4,624.00 $5,147.58
Non-Residential
All Non-Residential Exempt Exempt
522
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Development Impact Fee Annual Report (FY 23-24) 5

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 2 summarizes the fees collected and the interest earned for the Park and Recreation Fee during FY 23-24.

Table 2: Park and Recreation Fee Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 3 displays the expenditures on Park and Recreation Fee projects for FY 23-24.

Fund No. 350-8020
Park and Recreation Fee
Beginning Fund Balance as of July 1, 2023 $835,757.92
Revenues
Fees Collected $960,493.02
Interest Earned $48,393.91
Fair Market Value Adjustment1 ($4,308.51)
Other Revenues $0.00
Total Revenues $1,004,578.42
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($780.00)
Total Expenses ($780.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $1,839,556.34
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
523
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Development Impact Fee Annual Report (FY 23-24) 6

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.

Table 3 outlines the planned projects for the Park and Recreation Fee and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed. 524

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Development Impact Fee Annual Report (FY 23-24) 7

Table 3: Park and Recreation Fee Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures Future E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction Start
Date (revised for
FY23-24)2
Reason for revised start
date
(if applicable)
C9001 Cabrillo Neighborhood Park 161,045.00$ 16,837.00$ -$ -$ 16,837.00$ 10% FY 27-28 FY 27-28 n/a C9401 Citywide Park Improvement Program 322,292.00$ 322,292.00$ 44,869.90$ -$ 277,422.10$ 100% FY 27-28 In Progress n/a C2104 Campus Park Activation 9,350,000.00$ 850,000.00$ -$ -$ 850,000.00$ 9% FY 24-25 FY 25-26 Construction Delay C2249 Skatepark in Colonia 4,800,000.00$ 300,000.00$ -$ -$ 300,000.00$ 6% FY 24-25 FY 25-26 Construction Delay - Indirect Charges 3 n/a n/a n/a 780.00$ n/a n/a n/a n/a n/a GRAND TOTAL 14,633,337.00$ 1,489,129.00$ 44,869.90$ 780.00$ 1,444,259.10$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Construction start date may be revised pending availability of funds and staff resources. 3) Indirect Charges include central services expenses related to administering the fee program. 525

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Development Impact Fee Annual Report (FY 23-24) 8

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY 23-24.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.

There were no refunds made from this fund in FY 23-24.

526

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Development Impact Fee Annual Report (FY 23-24) 9

Fund 350-8030: Storm Drain Facility Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City imposes a fee on new
development based upon their prorated
share of the cost of constructing the
improvements identified in the City’s
Drainage Master Plan. The City’s Storm
Drain Facility Fees were based on
Ordinance 2258 and Resolution 10274
and were updated as part of the 2 020 DIF
update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Storm Drain Facility Fee for FY 23-24 is summarized in Table 4 below.

Table 4: Storm Drain Facility Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 5 summarizes the beginning and ending fund balances for the Storm Drain Facility Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 5 summarizes the fees collected and the interest earned for the Storm Drain Facility Fee during FY 23-24.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
Residential (per gross Acre)
Single Family $21,263 $23,670
Multi Family $29,237 $32,547
Non-Residential (per gross Acre)
All Non-Residential $29,237 $32,547
527

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Development Impact Fee Annual Report (FY 23-24) 10

Table 5: Storm Drain Facility Fee Fund Summary

Table 6 summarizes the expenditures this past year on storm drain projects.

Fund No. 350-8030
Storm Drain Facility Fee
Beginning Fund Balance as of July 1, 2023 $10,032,449.32 Revenues
Fees Collected $173,386.74
Interest Earned $333,428.00
Fair Market Value Adjustment1
$230,072.00
Other Revenues $0.00
Total Revenues $736,886.74
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($19,026.00)
Total Expenses ($19,026.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 3 $10,750,310.30
3) Ending fund balance calculated using the Revenues & Expenses listed is off by 24 cents likely due to rounding in the data. The listed balance is from the City's financial data. 2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
528

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Development Impact Fee Annual Report (FY 23-24) 11

Table 6 summarizes the planned projects for the Storm Drain Facility Fee and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed. The City’s CIP budget team is aware of the additional funds available for Storm Drain projects and are identifying eligible projects to be incorporated in the future CIP budget. 529

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Development Impact Fee Annual Report (FY 23-24) 12

Table 6: Storm Drain Facility Fee Projects

•
Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future Fund
E xpenditures
% Funded by
Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for FY23-
24)2
Reason for
revised start date
(if applicable)
C2406 Storm Drain Improvements Citywide 1,150,000.00$ 1,150,000.00$ -$ -$ 1,150,000.00$ 100% FY 27-28 FY 27-28 n/a C2534 Butler Road Stormdrain Improvements Project 750,000.00$ 750,000.00$ -$ -$ 750,000.00$ 100% n/a FY 27-28 n/a C2535 Blackstock and Pleasant Valley Estates
Neighborhood Stormdrain Improvements Project 1,500,000.00$ 1,500,000.00$ -$ -$ 1,500,000.00$ 100% n/a FY 26-27 n/a - Indirect Charges 3 n/a n/a n/a 19,026.00$ n/a n/a n/a n/a n/a GRAND TOTAL 3,400,000.00$ 3,400,000.00$ -$ 19,026.00$ 3,400,000.00$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 3) Indirect Charges include central services expenses related to administering the fee program. 530

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Development Impact Fee Annual Report (FY 23-24) 13

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.

531

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Development Impact Fee Annual Report (FY 23-24) 14

Fund 350-8040: Traffic Circulation Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City charges a fee to all new development and redevelopment in the City that generates additional vehicular trips above what can be reasonably associated with the current use of the property. The fee is used to construct improvements to the circulation system. The City’s Traffic Circulation Fee (Formerly Circulation System Improvement Fee ) was established under Ordinance 2258 and Resolutions 10016, 10673, 13328, 13600, and 13890 and was updated and renamed to the Traffic Circulation Fee during the 2020 DIF update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Traffic Circulation Fees for FY 23-24 are summarized in Table 7.

Table 7: Traffic Circulation Fee

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
Residential (per DU)
Single Family $10,919.84 $12,156.29
Mobile Home $5,783.52 $6,438.39
Low-Rise Multi Family $8,466.25 $9,424.89
Mid-Rise Multi Family $6,293.24 $7,005.83
High-Rise Multi Family $5,147.49 $5,730.34
Senior Housing $4,626.59 $5,150.46
Commercial (per 1,000 SF)
Office $11,266.36 $12,542.05
Medical Office $6,767.19 $7,533.44
General Commercial (C2) $7,332.80 $8,163.09
Light Industrial $5,736.57 $6,386.13
Warehouse $2,012.05 $2,239.87
New Car Sales $6,882.32 $7,661.61
Church $4,603.12 $5,124.33
Restaurant $21,803.90 $24,272.76
Fast Food w/ Drive Thru $114,398.39 $127,351.74
Fueling Station w/ Car Wash
Self Service Car Wash (per Stall) $30,351.76 $33,788.49 Gas Station (per fueling station) $45,924.00 $51,123.99 Hotel/Motel (per Room)
All Hotel/Motel $5,633.74 $6,271.65
Other (per Average Daily Trip)
Other Uses Not Noted $1,156.93 $1,287.93
532

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Development Impact Fee Annual Report (FY 23-24) 15

Requirement 3. Beginning and ending balance in the account or fund.

Table 8 summarizes the beginning and ending fund balances for the Traffic Circulation Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 8 summarizes the fees collected and the interest earned for the Traffic Circulation Fee during FY 23-24.

Table 8: Traffic Circulation Fee Fund Summary

Table 9 summarizes the expenditures this past year on Traffic Circulation Fee projects.

Fund No. 350-8040
Traffic Circulation Fee
Beginning Fund Balance as of July 1, 2023 $15,997,891.85 Revenues
Fees Collected $5,094,642.51
Interest Earned $603,100.30
Fair Market Value Adjustment1
$312,492.21
Other Revenues $0.00
Total Revenues $6,010,235.02
Expenses
Project Expenses ($1,321,643.08)
Developer Reimbursement $0.00
Indirect Charges2 ($17,166.00)
Total Expenses ($1,338,809.08)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $20,669,317.79
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
533

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Development Impact Fee Annual Report (FY 23-24) 16

Table 9 outlines the planned projects for the Traffic Circulation Fee projects and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed. 534

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Development Impact Fee Annual Report (FY 23-24) 17

Table 9: Traffic Circulation Fee Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures Future E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
C1301 Rice Avenue & Fifth Street Railroad Grade Separation 114,260,096.00$ 6,431,096.00$ 784,007.69$ 15,264.24$ 5,631,824.07$ 5.63% In Progress In Progress n/a C1703 Oxnard Boulevard & Saviers Road Signal Improvements 3,208,956.00$ 726,566.00$ 71,408.68$ 655,156.97$ 0.35$ 22.64% In Progress In Progress n/a C1801 Oxnard Boulevard Bicycle Facilities Installation 2,747,978.00$ 708,828.00$ 43,658.22$ 330.00$ 664,839.78$ 25.79% In Progress In Progress n/a C1808 Traffic Signal Modifications 3,869,273.00$ 25,035.00$ 25,034.64$ -$ 0.36$ 0.65% In Progress Complete Completed C2003 Adaptive Traffic Signal 1,852,000.00$ 1,852,000.00$ 1,042,770.05$ 1,506.00$ 807,723.95$ 100.00% In Progress In Progress n/a C2005 Etting Road Bike & Pedestrian Facilities 3,107,964.00$ 411,147.00$ -$ 388,528.18$ 22,618.82$ 13.23% n/a In Progress New Project C2006 Traffic Signal Modernization 5,935,409.00$ 2,935,409.00$ 403,588.18$ 225,960.19$ 2,305,860.63$ 49% In Progress In Progress n/a C2213 US 101 Del Norte Interchange Upgrade4 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% FY 28-29 FY 28-29 n/a C2304 Five Points Intersection Modernization 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% FY 24-25 FY 28-30 Project Delay C2415 Downtown Bus Stop Improvements 716,394.00$ 175,835.00$ -$ 34,897.50$ 140,937.50$ 25% n/a In Progress New Project n/a Traffic Circulation Improvements Fee Study 500,000.00$ 500,000.00$ -$ -$ 500,000.00$ 100% FY 27-28 FY 27-28 n/a n/a Traffic Signal Timing 850,000.00$ 850,000.00$ -$ -$ 850,000.00$ 100% FY 27-28 FY 27-28 n/a - Indirect Charges 5 n/a n/a n/a 17,166.00$ n/a n/a n/a n/a n/a GRAND TOTAL 137,548,070.00$ 15,115,916.00$ 2,370,467.46$ 1,338,809.08$ 11,423,805.46$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 4) Project start date anticipated to begin FY28-29 due to Caltrans right of way oversight and funding delay. 5) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
535

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Development Impact Fee Annual Report (FY 23-24) 18

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.

536

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Development Impact Fee Annual Report (FY 23-24) 19

Funds 350-8050 & 350-8060: Growth Requirement Capital Fee Requirement 1. Brief description of the type of fee in the account or fund.

The City’s Growth Requirement Capital
Fee funds general governmental facilities
such as Fire and Police Stations, City
Hall, Corporation Yards, and Recreation
Facilities. The fee is based on Ordinance
2258 and Resolutions 10275, 10996, and
12975 and was updated as part of the
2020 DIF update via Resolution 15,329.

The fee is collected based on additional
covered space created by any new
development. There are two separate
funds for this fee. Fund 355 is for
residential fees and Fund 356 is for non -
residential fees.

Requirement 2. Amount of the fee.

The Growth Requirement Capital Fee for FY 23-24 is summarized in Table 10.

Table 10: Growth Requirement Capital Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 11 and Table 12 summarize the beginning and ending fund balances for the Growth Requirement Capital Fee for FY 23-24. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
Residential (Fund 350-8050)
Single Family (per DU) $5,981.00 $6,658.23
Multi Family (per DU) $3,955.00 $4,402.83
Non-Residential (Fund 350-8060)
Retail (per 1,000 building SF) $2,018.00 $2,246.50
Office (per 1,000 building SF) $2,409.00 $2,681.77
Industrial (per 1,000 building SF) $953.49 $1,061.45
Hotel (per Room) $603.00 $671.28
537

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Development Impact Fee Annual Report (FY 23-24) 20

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 11 and Table 12 summarize the fees collected and the interest earned for the Growth Requirement Capital Fee during FY 23-24. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.

Table 11: Growth Requirement Capital Fee (Residential) Fund Summary

Fund 350-8050
Growth Requirement Capital Fee (Residential)
Beginning Fund Balance as of July 1, 2023 $1,227,303.65 Revenues
Fees Collected $1,672,120.01
Interest Earned $63,904.14
Fair Market Value Adjustment1
$21,703.42
Other Revenues $0.00
Total Revenues $1,757,727.57
Expenses
Project Expenses ($457,357.12)
Developer Reimbursement $0.00
Indirect Charges2 ($10,280.75)
Total Expenses ($467,637.87)
Transfers In $0.00
Transfers Out3 ($408,489.00)
Ending Balance as of June 30, 2024 $2,108,904.35
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
538

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Development Impact Fee Annual Report (FY 23-24) 21

Table 12: Growth Requirement Capital Fee (Non-Residential) Fund Summary

Table 13 and Table 14 summarize the expenditures this past year on Growth Requirement Capital Fee projects.

Fund 350-8060
Growth Requirement Capital Fee (Non-Residential)
Beginning Fund Balance as of July 1, 2023 $2,359,607.49 Revenues
Fees Collected $228,210.99
Interest Earned $81,893.76
Fair Market Value Adjustment1 $59,411.81
Other Revenues $0.00
Total Revenues $369,516.56
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2
($669.00)
Total Expenses ($669.00)
Transfers In $0.00
Transfers Out3
($136,163.00)
Ending Balance as of June 30, 2024 $2,592,292.05
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
539

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Development Impact Fee Annual Report (FY 23-24) 22

Table 13 and Table 14 outline the planned projects for the Growth Requirement Capital Fees and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed. 540

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Development Impact Fee Annual Report (FY 23-24) 23

Table 13: Growth Requirement Capital Fee (Residential) Projects

Table 14: Growth Requirement Capital Fee (Non-Residential) Projects Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for revised
start date
(if applicable)
C1702 Fire Station 4 Rebuild Design 3,250,000.00$ 715,000.00$ 22,171.00$ 276,637.12$ 416,191.88$ 22.00% FY 25-26 In Progress Design Started C2255 Fire Station 2,3,5 Architecture/Design 3,550,000.00$ 550,000.00$ -$ 180,720.00$ 369,280.00$ 15.49% FY 25-26 In Progress Design Started - Professional Services/Contract 3 n/a n/a -$ 8,410.75$ -$ n/a n/a n/a n/a - Indirect Charges 4 n/a n/a -$ 1,870.00$ -$ n/a n/a n/a n/a TOTAL PROJE CT E XPE NSE S 6,800,000.00$ 1,265,000.00$ 22,171.00$ 467,637.87$ 785,471.88$ - Bond Payments - Civic Center Phase 25 n/a n/a n/a 408,489.00$ 3,088,114.50$ 25.50% n/a n/a n/a GRAND TOTAL 6,800,000.00$ 1,265,000.00$ 22,171.00$ 876,126.87$ 3,873,586.38$ 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 3) Charges related to consulting services for development impact fee reporting requirements. 4) Indirect Charges include central services expenses related to administering the fee program. 5) Debt service summary provided by City. Fees fund 34% of the non-general fund portion of the debt split between Fund 350-8050 at 75% and Fund 350-8060 at 25%.

Note: Small variances may appear due to rounding.
1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff.

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded by
Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start date
(if applicable)
C1702 Fire Station 4 Rebuild Design 3,250,000.00$ 2,535,000.00$ -$ -$ 2,535,000.00$ 78.00% FY 25-26 In Progress Design Started - Indirect Charges 3 n/a n/a n/a 669.00$ n/a n/a n/a n/a n/a TOTAL PROJE CT E XPE NSE S 3,250,000.00$ 2,535,000.00$ -$ 669.00$ 2,535,000.00$ - Bond Payments - Civic Center Phase 24 n/a n/a n/a 136,163.00$ 1,029,371.50$ 8.50% n/a n/a n/a GRAND TOTAL 3,250,000.00$ 2,535,000.00$ -$ 136,832.00$ 3,564,371.50$ 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 3) Indirect Charges include central services expenses related to administering the fee program. 4) Debt service summary provided by City. Fees fund 34% of the non-general fund portion of the debt split between Fund 350-8050 at 75% and Fund 350-8060 at 25%. 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 541

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Development Impact Fee Annual Report (FY 23-24) 24

Fund 350-8050 had a transfer of $408,489.00 for the debt service payment on the Variable Rate Demand Lease Revenue Refunding Bonds related to the Downtown Civic Center.

Fund 350-8060 had a transfer of $136,163.00 for debt service payment on the same bonds.

The Variable Rate Demand Lease Revenue Refunding Bonds (Civic Center Phase 2 Project), Series 2006 were issued on December 1, 2006 for $24,205,000 to finance the acquisition, construction, and improvement of certain public facilities constituting the Civic Center Phase 2 Project. This debt was refunded on April 30, 2018 as part of the Lease Revenue Refunding Bonds Series 2018. The outstanding balance as of June 30, 2024 is $19,340,000. The impact fee funds 21.29% (or 34% of 62.63% portion of the bond repayment), which means there is an outstanding balance of $4,117,486 allocated to impact fee funds. The impact fee debt service payment is split 75% from Fund 350-8050 and 25% from Fund 350-8060. This means there is an outstanding obligation of $ 3,088,114.50 for Fund 35 0-8050 and $1, 029,371.50 for Fund 35 0-8060. The payments on these bonds constitute the City’s obligations that exist through the maturity date of the bonds on June 1, 2036.

There were no refunds made from this fund in FY 23-24.

542

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Development Impact Fee Annual Report (FY 23-24) 25

Fund 350-8055: Mobility Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The Mobility Fee covers the cost to
mitigate the effects of new development on
the City’s mobility facilities including
sidewalks, bike lanes, pedestrian bridges,
and other similar facilities that are
necessary to improve connectivity within
the City, improve bicycle and pedestrian
safety, improve bicycle and pedestrian
access to public transportation stops and
stations, and increase bicycle mode
sharing. This fee was created in the 2020
update by Resolution 15,329.

Requirement 2. Amount of the fee.

The Mobility Fee for FY 23-24 is summarized in Table 15.

Table 15: Mobility Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 16 summarizes the beginning and ending fund balances for the Mobility Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 16 summarizes the fees collected and the interest earned for the Mobility Fee for FY 23-24.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
Residential (per DU)
Single Family $3,396.00 $3,780.53
Multi Family $2,245.00 $2,499.20
Non-Residential (per 1,000 SF)
Retail $1,146.00 $1,275.76
Office $1,367.00 $1,521.79
Industrial $485.00 $539.92
Hotel (per Room) $342.00 $380.72
543

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Development Impact Fee Annual Report (FY 23-24) 26

Table 16: Mobility Fee Fund Summary

There were no expenditures this past year on Mobility Fee projects.

Table 17 outlines the planned projects for the Mobility Fee and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed.

Fund 350-8055
Mobility Fee
Beginning Fund Balance as of July 1, 2023 $805,284.44
Revenues
Fees Collected $437,876.39
Interest Earned $36,016.18
Fair Market Value Adjustment1 $7,580.00
Other Revenues $0.00
Total Revenues $481,472.57
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 2 $1,286,756.77
2) Ending fund balance calculated using the Revenues & Expenses listed is off by 24 cents likely due to rounding in the data. The listed balance is from the City's financial data. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
544

_____________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 27

Table 17: Mobility Fee Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures Future E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
C2212 Safe Route Safety Enhancements 4,509,711.59$ 855,000.00$ -$ -$ 855,000.00$ 18.96% n/a In Progress New Project n/a Wooley Road Pedestrian
Improvements3
2,400,000.00$ 2,400,000.00$ -$ -$ 2,400,000.00$ 100% FY 27-28 FY 27-28 n/a n/a Pedestrian Bridge Improvements at
Channel Islands Bridge 3,4
18,000,000.00$ 250,000.00$ -$ -$ 250,000.00$ 1.39% FY 28-29 FY 28-29 n/a GRAND TOTAL 24,909,711.59$ 3,505,000.00$ -$ -$ 3,505,000.00$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 3) Project is identified in the City of Oxnard 2022-2027 Capital Improvement Program as unfunded but qualifies for funding from the Mobility Fee Fund. 4) Approximate Construction Start Date is FY28-29 due to NEPA and right-of-way requirements for grant funding. 545

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 28

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.

546

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 29

Fund 350-8080: Public Art Program Fee
Requirement 1. Brief description of the type of fee in the account or fund.

Requirement 2. Amount of the fee.

The Public Art Program Fee for FY 23-24 is summarized in Table 18.

Table 18: Public Art Program Fee

Requirement 3. Beginning and ending balance in the account or fund. •
Table 19 summarizes the beginning and ending fund balances for the Public Art Program Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year. •
Table 19 summarizes the fees collected and the interest earned for the Public Art Program Fee during FY 23-24.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
All New Development (per building SF) $0.30 $0.33
The Public Art Program Fee is based on
Resolutions No. 9813, 12290, 13013,
13736, and 14124 and was updated as part
of 2020 DIF update via Resolution 15,329.

The purpose of the program is to install
works of art in conjunction with new
development in loca tions accessible to the
public. This fee is designed to enhance the
City’s appearance and mitigate certain
effects of development projects. All new
development projects pay this fee.

547

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 30

Table 19: Public Art Program Fee Fund Summary

Table 20 summarizes the expenditures this past year on Public Art Program Fee projects.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for th e delay and a revised approximate date that the local agency will commence construction, if applicable.

Fund 350-8080
Public Art Program Fee
Beginning Fund Balance as of July 1, 2023 $1,210,449.81 Revenues
Fees Collected $51,050.71
Interest Earned $0.00
Fair Market Value Adjustment1 $0.00
Other Revenues $0.00
Total Revenues $51,050.71
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($1,116.00)
Total Expenses ($1,116.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $1,260,384.52
2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
548

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 31

Table 20 outlines planned future expenditures for Public Art Program Fee projects and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed. The City’s CIP budget team is aware of the additional funds available for Public Art projects and are in the process of identifying further applicable projects. Public Art projects require advanced planning time as it involves multiple stakeholders and evolving design processes. 549

_____________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 32

Table 20: Public Art Program Fee Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
M1802 Downtown Mural Program 90,000.00$ 45,000.00$ 44,698.47$ -$ 301.53$ 50% In Progress In Progress n/a n/a Oxnard Sculptures Program 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% In Progress In Progress n/a n/a Citywide Mural Program 200,000.00$ 200,000.00$ -$ -$ 200,000.00$ 100% In Progress In Progress n/a n/a Crosswalk Art 200,000.00$ 200,000.00$ -$ -$ 200,000.00$ 100% n/a FY 24-25 n/a n/a Civic Center Murals 200,000.00$ 200,000.00$ -$ -$ 200,000.00$ 100% n/a FY 25-26 n/a - Indirect Charges 2 n/a n/a n/a 1,116.00$ n/a n/a n/a n/a n/a GRAND TOTAL 940,000.00$ 895,000.00$ 44,698.47$ 1,116.00$ 850,301.53$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 3) Indirect Charges include central services expenses related to administering the fee program. 550

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 33

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.
551

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 34

Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge Requirement 1. Brief description of the type of fee in the account or fund.

The City collects a Water Resource
Development Fee and Capital
Facility Charge for new, expanded,
or additional service connections
based on the diameter of the meter
installation directly related to the
volume of water required for the
new, expanded, or additional service
connection.

The Water Resource Development Fee pays for the development of new water resources, such as recycled water, to offset demand by new customers, and water conservation projects, reducing water demand. The Water Resource Development Fee was adopted by Ordinance 2624 consistent with the requirement of Government Code Sections 54999 through 54999.6.

The Water Capital Facility Charge pays for master -planned capacity improvements to the City’s water system, such as the addition of new production, treatment, storage, transmission, and distribution facilities. The Water Capital Facility Charge was adopted by Resolution 9717.

Requirement 2. Amount of the fee.

The Water Resource Development Fee and Capital Facility Charge for FY 23 -24 are summarized in Table 21.

Table 21: Water Resource Development Fee and Capital Facility Charge

Water Meter Size
Water Resource
Development Fee
Capital Facility
Charge Total Fee
3/4" $2,792 $341 $3,133
1" $5,583 $682 $6,265
1 1/2 " $8,375 $1,023 $9,398
2" $13,958 $1,706 $15,664
3" $30,708 $3,752 $34,460
4" $47,458 $5,799 $53,257
6" $92,125 $11,257 $103,382
8" $147,958 $18,080 $166,038
10" $315,457 $38,548 $354,005
12" $502,498 $61,404 $563,902
552

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Development Impact Fee Annual Report (FY 23-24) 35

Requirement 3. Beginning and ending balance in the account or fund.

Table 22 and Table 23 summarize the beginning and ending fund balances for the Water Resource Development Fee and Capital Facility Charge for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 22 and Table 23 summarize the fees collected and the interest earned for the Water Resource Development Fee and Capital Facility Charge during FY 23-24.

Table 22: Water Resource Development Fee Fund Summary

Fund 603
Water Resource Development Fee
Beginning Fund Balance as of July 1, 2023 $18,435,147.39 Revenues
Fees Collected $984,012.00
Interest Earned $624,171.06
Fair Market Value Adjustment1 $422,574.99
Other Revenues $0.00
Total Revenues $2,030,758.05
Expenses
Project Expenses ($826.30)
Developer Reimbursement $0.00
Indirect Charges2 ($21,294.00)
Total Expenses ($22,120.30)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $20,443,785.14
2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
553

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 36

Table 23: Water Capital Facility Charge Fund Summary

Table 24 and Table 25 summarize the expenditure for this past year for the Water Resource Development Fee and Capital Facility Charge.

Fund 605
Water Capital Facility Charge
Beginning Fund Balance as of July 1, 2023 $1,597,810.08 Revenues
Fees Collected $114,821.00
Interest Earned $54,413.76
Fair Market Value Adjustment1 $35,655.09
Other Revenues $0.00
Total Revenues $204,889.85
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($4,426.00)
Total Expenses ($4,426.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $1,798,273.93
2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
554

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 37

Table 24 and Table 25 outline the planned future projects for the Water Resource Development Fee and Capital Facility Charge and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed.
555

____________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 38

Table 24: Water Resource Development Fee Projects

Table 25: Water Capital Facility Charge Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for revised start
date
(if applicable)
C1001 Water Distribution: Hueneme Road Recycled
Water Pipeline - Phase II
30,376,344.64$ 11,876,345.00$ 1,362,706.13$ -$ -$ 39.10% Completed In Progress Project Expanded C1101 Great ASR Wells 2,574,419.00$ 643,271.00$ 630,534.85$ 826.30$ 11,909.85$ 24.99% In Progress In Progress n/a C2023 Recycled Water AWPF Improvements and
Expansion
39,000,000.00$ 6,000,000.00$ -$ -$ 6,000,000.00$ 15.38% n/a FY 28-29 New Project C2551 Recyceled Water: Aquifer Storage and
Recover (ASR) / Injection Well Field
1,500,000.00$ 1,500,000.00$ -$ -$ 1,500,000.00$ 100% n/a FY 28-29 New Project - Indirect Charges 4 n/a n/a n/a 21,294.00$ n/a n/a n/a n/a n/a GRAND TOTAL 73,450,763.64$ 20,019,616.00$ 1,993,240.98$ 22,120.30$ 7,511,909.85$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 4) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
C2308 Recycled Water: AWPF Storage Construction 6,000,000.00$ 3,000,000.00$ -$ -$ 3,000,000.00$ 50% FY 27-28 FY 27-28 n/a n/a Aquifer Storage and Recovery (ASR) Wells
Construction
31,350,000.00$ 15,675,000.00$ -$ -$ 15,675,000.00$ 50% FY 27-28 FY 27-28 n/a C2113 Recycled Water Feature Campus Park 400,000.00$ 400,000.00$ -$ -$ 400,000.00$ 100% n/a FY 27-28 New Project - Indirect Charges 4 n/a n/a n/a 4,426.00$ n/a n/a n/a n/a n/a GRAND TOTAL 37,750,000.00$ 19,075,000.00$ -$ 4,426.00$ 19,075,000.00$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 4) Indirect Charges include central services expenses related to administering the fee program. 556

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 39

There were no transfers or loans from these funds in FY 23-24.

There were no refunds made from this fund in FY 23-24.

557

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 40

Fund 613: Wastewater Collection Connection & Treatment Fee Requirement 1. Brief description of the type of fee in the account or fund.

The City collects a Wastewater Collection Connection & Treatment Fee for new, expanded, or additional service connections. The City imposes fees based on new development’s prorated share of the cost of constructing the improvements identified in the City’s Master Plans for Wastewater Treatment and Conveyance. The current wastewater fees were adopted by Ordinance 2709. The City previously collected two separate fees, the Wastewater Collection Connection Fee and Wastewater Treatment Connection Fee, in Fund 613 and Fund 623 respectively. As of FY 23-24, these two funds have been combined into one fund for both fees.

Requirement 2. Amount of the fee.

The Wastewater Collection Connection & Treatment Fee for FY 23-24 are summarized in Table 26.

Table 26: Wastewater Collection Connection & Treatment Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 27 summarizes the beginning and ending fund balances for the Wastewater Collection Connection & Treatment Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 27 summarizes the fees collected and the interest earned for the Wastewater Collection Connection & Treatment Fee FY 23-24.

Land Use
Wastewater
Collection
Connection Fee
Wastewater
Treatment
Connection Fee Total Fee
Residential
Single Family $1,458.00 $3,798.00 $5,256.00
Apartment1
$1,060.36 $2,762.18 $3,822.54
Mobile Home1
$839.45 $2,186.73 $3,026.18
Non-Residential
Non-Formula Commercial/Industrial $1,458.00 $4,078.80 $5,536.80 Commercial Laundry $1,458.00 $4,539.00 $5,997.00
Restaurants/Food Preparation $1,458.00 $7,092.20 $8,550.20 Formula Industrial User $1,458.00 $7,279.40 $8,737.40
1) Special formulas are used for mobile homes and apartment developments that can be served by a single meter. These formulas can be found in the City's most recently published Fee Schedule.
558

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 41

Table 27: Wastewater Collection Connection & Treatment Fee Fund Summary

Table 28 summarizes the expenditures for this past year for the Wastewater Collection Connection & Treatment Fee.

Fund 613
Wastewater Collection Connection & Treatment Fee
Beginning Fund Balance as of July 1, 2023 $13,674,682.28 Revenues
Fees Collected $2,809,487.17
Interest Earned $474,819.00
Fair Market Value Adjustment1 $240,366.29
Other Revenues $0.00
Total Revenues $3,524,672.46
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($20,024.00)
Total Expenses ($20,024.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 3 $17,179,331.10
3) Ending fund balance calculated using the Revenues & Expenses listed is off by 36 cents likely due to rounding in the data. The listed balance is from the City's financial data. 2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
559

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 42

Table 28 outlines the planned projects for the Wastewater Collection Connection & Treatment Fee and the anticipated construction start date for each. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed. 560

_____________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 43

Table 28: Wastewater Collection Connection & Treatment Fee Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures Future E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
C2236 Wastewater OWTP: Maintenance, Office Building,
Machine Shop and Storage
15,000,000.00$ 15,000,000.00$ -$ -$ 15,000,000.00$ 100% FY 25-26 FY 25-26 n/a M1202 Wastewater Master Plan 2,904,720.00$ 1,957,360.00$ 1,887,721.92$ -$ 69,638.08$ 67% n/a Completed n/a M0801 Septic Conversion Loan Program 109,967.00$ 109,967.00$ 57,799.00$ -$ 52,168.00$ 100% n/a In Progress n/a - Indirect Charges 4 n/a n/a n/a 20,024.00$ n/a n/a n/a n/a n/a GRAND TOTAL 18,014,687.00$ 17,067,327.00$ 1,945,520.92$ 20,024.00$ 15,121,806.08$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Subject to change pending CIP Budget plans and available funding. Rounded to the nearest hundredth of the percent. 3) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 4) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
561

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 44

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.

562

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 45

Fund 360-7050: Affordable Housing In-Lieu Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City offers an Affordable Housing In-
Lieu fee to provide additional flexibility to
the City and development community to
meet the affordable housing needs
generated by the construction of new
market-rate units . The City’s Affordable
Housing In -Lieu Fees were first
established by Ordinance 2721 adopted
July 18, 2006. The Fees were revised with
Resolution No. 15,330 which adopted the
Affordable Housing In -Lieu Fee Nexus
Study dated April 8, 2020.

Requirement 2. Amount of the fee.

The Affordable Housing In-Lieu Fee for FY 23-24 is summarized in Table 29 below.

Table 29: Affordable Housing In-Lieu Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 30 summarizes the beginning and ending fund balances for the Affordable Housing In-Lieu Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 30 summarizes the fees collected and the interest earned for the Affordable Housing In-Lieu Fee during FY 23-24.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2023
Residential (per DU)
Single Family $36,000.00 $40,076.29
Multi Family for Sale $35,000.00 $38,963.06
Multi Family for Rent $28,000.00 $31,170.45
563

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 46

Table 30: Affordable Housing In-Lieu Fee Fund Summary

Table 31 summarizes the expenditures this past year on affordable housing projects.

Fund 360-7050
Affordable Housing In-Lieu Fee
Beginning Fund Balance as of July 1, 2023 $2,966,385.12 Revenues
Fees Collected $473,000.00
Interest Earned $198,864.34
Fair Market Value Adjustment1 $155,497.70
Other Revenues $126,292.15
Total Revenues $953,654.19
Expenses
Project Expenses ($1,174,335.25)
Developer Reimbursement $0.00
Indirect Charges2 ($41,275.01)
Total Expenses ($1,215,610.26)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $2,704,429.05
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
2) Indirect Charges include personnel and resource expenses related to administering the fee program.
564

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 47

Table 31 outlines the planned future expenditures for the Affordable Housing In-Lieu Fee and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed . The City’s CIP budget team and Housing Department are aware of the additional funds available for Affordable Housing projects. Affordable Housing projects often require advanced planning time or are a result of opportune circumstances as they involve multiple stakeholders , specific conditions, and sufficient funding to complete projects. 565

_____________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 48

Table 31: Affordable Housing Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
M2103 Central Terrace Development Loan 1,366,000.00$ 1,366,000.00$ 38,147.36$ 1,174,335.25$ 153,517.39$ 100% In Progress In Progress n/a n/a Downtown Acquisition & Disposition 75,000.00$ 75,000.00$ -$ -$ 75,000.00$ 100% FY 23-24 In Progress n/a n/a Indirect Charges 3 n/a n/a n/a 41,275.01$ n/a n/a n/a n/a n/a GRAND TOTAL 1,441,000.00$ 1,441,000.00$ 38,147.36$ 1,215,610.26$ 228,517.39$ 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 3) Indirect Charges include personnel and resource expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
566

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 49

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.

567

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 50

Fund 350-8070: Utility Undergrounding In-Lieu Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City imposes a fee on new development that is located in any part of the City with overhead utility service based upon their prorated share of the cost of undergrounding all overhead utilities in the City. The City’s Utility Undergrounding In-Lieu Fees were based on Ordinance 2207 and were updated as part of the 2020 DIF update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Utility Undergrounding In-Lieu Fee for FY 23-24 is summarized in Table 32 below.

Table 32: Utility Undergrounding In-Lieu Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 33 summarizes the beginning and ending fund balances for the Utility Undergrounding In-Lieu Fee for FY 23-24.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 33 summarizes the fees collected and the interest earned for the Utility Undergrounding In-Lieu Fee during FY 23-24.

Land Use
Fee as of
July 18, 2022
Fee as of
July 18, 2022
All New Development (per building SF) $0.54 $0.54
568

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 51

Table 33: Utility Undergrounding In-Lieu Fee Fund Summary

There were no expenditures this past year on utility undergrounding projects.

Table 34 outlines the planned projects for the Utility Undergrounding In-Lieu Fee and the anticipated construction start date for each project. If the approximate start date for a project has been revised from the last AB1600 Report, the reason is listed.

Fund 350-8070
Utility Undergrounding In-Lieu Fee
Beginning Fund Balance as of July 1, 2023 $1,680,337.93 Revenues
Fees Collected $56,643.25
Interest Earned $56,093.44
Fair Market Value Adjustment1 $39,772.27
Other Revenues $0.00
Total Revenues $152,508.96
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2024 $1,832,846.89
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
569

____________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 52

Table 34: Utility Undergrounding Projects

Project No. Project Name Project Budget1 Fund Budget1
E xpenditures
to Date
FY23-24
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date (from
FY22-23 Report)
Approx.

Construction
Start Date
(revised for
FY23-24)2
Reason for
revised start
date
(if applicable)
- Undergrounding of Overhead Utilities - Citywide 2,000,000.00$ 2,000,000.00$ -$ -$ 2,000,000.00$ 100% FY 27-28 FY 28-29 Project Delay GRAND TOTAL 2,000,000.00$ -$ -$ -$ 2,000,000.00$ 2) Construction start date may be revised pending availability of funds. Construction start date may incorporate the start of the design phase of the project. 1) Budgets identified from City Budget documents, the City of Oxnard 2025-2029 Capital Improvement Program, and City staff. 570

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 53

There were no transfers or loans from this fund in FY 23-24.

There were no refunds made from this fund in FY 23-24.

571

____________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 54

Section 3 – Fund Summary
Table 35 provides an accounting of each impact fee fund and a total impact fee account balance.

The table summarizes the starting fund balance, the amount of fees collected, the interest earned, the total expenditures, and the fiscal year ending fund balances.

572

___________________________________________________________________________________________________________________________________

Development Impact Fee Annual Report (FY 23-24) 55

Table 35: Development Impact Fee Fund Summary

Description
Park Acquisition
& Development
Storm Drain
Facility Fee3
Traffic Circulation
Fee
Capital Growth
Fee (Residential)
Capital Growth
Fee (Non-
Residential) Mobility Fee3
Public Art
Program Fee
Water Resource
Development Fee
Water Capital
Facility Charge
Wastewater
Collection
Connection &
Treatment Fee3
Affordable
Housing
In-Lieu Fee
Utility
Undergrouding
In-Lieu Fee
Fund No. 350-8020 350-8030 350-8040 350-8050 350-8060 350-8055 350-8080 603 605 613 360-7050 350-8070 Starting Balance
As of July 1, 2023 $835,757.92 $10,032,449.32 $15,997,891.85 $1,227,303.65 $2,359,607.49 $805,284.44 $1,210,449.81 $18,435,147.39 $1,597,810.08 $13,674,682.28 $2,966,385.12 $1,680,337.93

RE VE NUE S
Fees Collected $960,493.02 $173,386.74 $5,094,642.51 $1,672,120.01 $228,210.99 $437,876.39 $51,050.71 $984,012.00 $114,821.00 $2,809,487.17 $473,000.00 $56,643.25 Interest Earned $48,393.91 $333,428.00 $603,100.30 $63,904.14 $81,893.76 $36,016.18 $0.00 $624,171.06 $54,413.76 $474,819.00 $198,864.34 $56,093.44 Fair Market Value Adjustment1 ($4,308.51) $230,072.00 $312,492.21 $21,703.42 $59,411.81 $7,580.00 $0.00 $422,574.99 $35,655.09 $240,366.29 $155,497.70 $39,772.27 Other Revenues $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $126,292.15 $0.00 Total Revenues $1,004,578.42 $736,886.74 $6,010,235.02 $1,757,727.57 $369,516.56 $481,472.57 $51,050.71 $2,030,758.05 $204,889.85 $3,524,672.46 $953,654.19 $152,508.96

E XPE NSE S
Project Expenditures $0.00 $0.00 ($1,321,643.08) ($457,357.12) $0.00 $0.00 $0.00 ($826.30) $0.00 $0.00 ($1,174,335.25) $0.00 Developer Reimbursement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Charges 2 ($780.00) ($19,026.00) ($17,166.00) ($10,280.75) ($669.00) $0.00 ($1,116.00) ($21,294.00) ($4,426.00) ($20,024.00) ($41,275.01) $0.00 Total E xpenditures ($780.00) ($19,026.00) ($1,338,809.08) ($467,637.87) ($669.00) $0.00 ($1,116.00) ($22,120.30) ($4,426.00) ($20,024.00) ($1,215,610.26) $0.00 Transfers In $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Transfers Out $0.00 $0.00 $0.00 ($408,489.00) ($136,163.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Net Transfers $0.00 $0.00 $0.00 ($408,489.00) ($136,163.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 E nding Balance
As of June 30, 2024 $1,839,556.34 $10,750,310.30 $20,669,317.79 $2,108,904.35 $2,592,292.05 $1,286,756.77 $1,260,384.52 $20,443,785.14 $1,798,273.93 $17,179,331.10 $2,704,429.05 $1,832,846.89 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment. 2) Indirect Charges include expenses for central services, personnel and resource expenses related to administering the fee program. 3) Ending fund balance has slight variance (less than one dollar), likely due to rounding. 573
AB1600 ANNUAL AND FIVE-YEAR REPORT FOR

DEVELOPMENT IMPACT AND IN-LIEU FEES
FOR FISCAL YEAR 2023-2024
City Council
December 3, 2024
Connie Fife
Harris & Associates
574
That the City Council receive and file the AB1600 Annual Report for Development Impact and In-Lieu Fees for the fiscal year ended June 30, 2024.

RECOMMENDATION 2
575
• Assembly Bill (AB) 1600, commonly known as the Mitigation Fee Act, requires the city to file a report annually summarizing the following information:
• Brief description of the type of fee in the account or fund. • Amount of the fee.
• Beginning and ending balance in the account or fund.
• Amount of fees collected and the interest earned during the previous year. • Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
• An identification of an approximate date by which the construction of the public improvement will commence. If different than last year’s approximation, reason why. • Description of each inter-fund transfer or loan made from the account. • Identification of any refunds made and if so, number of persons/entities that received refunds.

BACKGROUND 3
576
• Every five years, the City is required to file a report summarizing the following additional information:
• Identification of the purpose of the fee.
• Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
• Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements.
• Identify approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund. • The last AB1600 Five-Year report was done for Fiscal Year ending June 30, 2023
BACKGROUND 4
577
Impact Fee Funds
BACKGROUND 5
578
DISCUSSION 6
Impact Fee Summary (Government Funds)
579
DISCUSSION 7
Impact Fee Summary (Utility Funds)
580
DISCUSSION 8
In-Lieu Fee Summary
581
DISCUSSION 9
Park and Recreation Fee (Fund 350-8020)
Fund Balance: $1,839,556.34

582
DISCUSSION 10
Storm Drain Facility Fee (Fund 350-8030)
Fund Balance: $10,750,310.30
583
DISCUSSION 11
Traffic Circulation Fee (Fund 350-8040)
Fund Balance: $20,669,317.79
584
DISCUSSION 12
Growth Requirement Capital Fee - Residential (Fund 350-8050) Fund Balance: $2,108,904.35

585
DISCUSSION 13
Growth Requirement Capital Fee - Non-Residential (Fund 350-8060) Fund Balance: $2,592,292.05
586
DISCUSSION 14
Mobility Fee (Fund 350-8055)
Fund Balance: $1,286,756.77
587
DISCUSSION 15
Public Art Program Fee (Fund 350-8080)
Fund Balance: $1,260,384.52

588
DISCUSSION 16
Water Resource Development Fee (Fund 603)
Fund Balance: $20,443,785.14
589
DISCUSSION 17
Water Capital Facility Charge (Fund 605)
Fund Balance: $1,798,273.93
590
DISCUSSION 18
Wastewater Connection Fee (Fund 613)
Fund Balance: $17,179,331.10
591
DISCUSSION 19
Affordable Housing In-Lieu Fee (Fund 360-7050)
Fund Balance: $2,704,429.05
592
DISCUSSION 20
Utility Undergrounding In-Lieu Fee (Fund 350-8070)
Fund Balance: $1,832,846.89

593

QUESTIONS
21 594

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: December 3, 2024

TO: City Council

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

SUBJECT: Additional Project Contingency and Budget Appropriation Transfer for the Aquifer Storage and Recovery Completion Project PW 20-08. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. An additional project contingency in the amount of $1,000,000 to Agreement A-8261 with Spiess Construction Company, Inc. for a new not-to-exceed contract value of $5,583,700 and extend the completion date to February 1, 2026, for the Recycled Water: Aquifer Storage and Recovery Completion Project (C2021); and

2. The City Manager to approve a budget appropriation transfer in the amount of $1,402,349 from Recycled Water Backbone Hueneme Phase 2 (C1001) Water Bond Fund (609) to the Recycled Water: Aquifer Storage and Recovery (ASR) Completion Project (C2021) and corresponding transfers from the Water Capital Fund (602).

(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/FKwaFAr9Fts

BACKGROUND

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

The demonstration ASR well, three monitoring wells and the underground pipe tie-in from the Ventura Road Recycled Water Backbone Pipeline to the ASR Well below-ground components have already been constructed. Construction on the current aboveground phase began in 2021. It includes the installation of the pump house with the pump, piping, electrical equipment, and appurtenances located within in addition to a maintenance access road.

The construction contract for this project was originally approved by the City Council on January 25, 2021, for $4,167,000 with a project construction contingency of $416,700.

Capital Improvement Program (CIP) Reference:

Project No. C2021 – Recycled Water: Aquifer Storage and Recovery (ASR) Completion - CIP 2025-2029 - Adopted June 4, 2024.

DISCUSSION
595

The Aquifer Storage and Recovery Pilot Well is a complex project and requires methods and materials outside the scope typically encountered with City capital improvement projects. During the construction, the contractor submitted requests for information (RFIs) identifying components that are needed to complete the start-up and commissioning of the well.

The original design of the pilot ASR project predates the employment of current key Public Works staff members. As such, it is not clear why these components were not included in the original design other than pushing the project forward to ensure grant funds would not expire. Potentially, these components were always intended to be designed/installed later or could have been contemplated as a design-build option. Additional engineering design work (by Carollo) was needed to address these necessary components. These components include:
• Water and fire service
• Supervisory Control and Data Acquisition (SCADA)
• Southern California Edison electrical service
• Onsite electrical
• Backflushing infrastructure

To date, there have been 21 approved contract change orders for various unforeseen issues. The summary of those change orders are attached for reference. The additional components needed to successfully conclude this project will exceed the current funding approved for this construction contract. This was anticipated and an additional budget was included in the FY 2024-25 CIP budget book for this project, which was approved by the City Council. As such, staff recommends additional project contingency be added to the construction contract to finish the construction project so that we can move into the commissioning and State permitting phase. As part of the additional design work, Carollo assisted Staff with construction cost estimates for the remaining components listed above. The total estimated cost is $1,000,000.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for the additional contingency needed for this agreement is $1,000,000, which brings the total value of this agreement from $4,583,700 to $5,583,700 with Spiess Construction Company, Inc. It is recommended that the additional contingency is funded from Water Bonds in Fund 609 as a budget appropriation transfer from the Recycled Water Backbone Hueneme Phase 2 (C1001) to the Recycled Water: Aquifer Storage and Recovery (ASR) Completion Project (C2021) in the amount of $1,402,349.

The Recycled Water Backbone Hueneme Phase 2 (C1001) project is completed with the exception of a few right-of-way items left and has sufficient funds for this recommended transfer. Staff recommends transferring all of the 609 funds ($1,402,349) from C1001 to C2021 since project C1001 has sufficient funds from Fund 603 to cover any remaining items. Approval of the recommended action will also adjust Fund 602 capital transfers in and appropriations by project, in the same amount, as shown in the funding sources below.

PROJECT FUND ACCOUNT CURRENT

BALANCE

INCREASE/DECREASE BALANCE
609-Water Bond
Fund
6093600-
59800
$1,402,349 ($1,402,349) $0 Recycled Water
Backbone Hueneme
Phase 2 (C1001)
603-Water
Resource
6033600-
59800
$10,504,684 $0 $10,504,684
596
Development
Fee Fund
606-Water
Resource Fee
6063600-
59800
$131 $0 $131
Total $11,907,167 ($1,402,349) $10,504,815
609-Water Bond
Fund
6093600-
59800
$1,504,450 $1,402,349 $2,906,799
601-Water
Operations Fund
6013600-
59800
$478,402 $0 $478,402
Recycled Water:

Aquifer Storage and
Recovery (ASR)
Completion (C2021)
603-Water
Resource
Development
Fee Fund
6033600-
59800
$4,500,000 $0 $4,500,000
Total $6,482,852 $1,402,349 $7,885,201

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

1. Spiess Contruction Executed Agreement A-8261

2. Summary of Approved Contract Change Orders

3. Staff Report 1-25-21 Speiss

4. Presentation

597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
Aquifer StorageandRecoveryCompletionProject (PW20-08) approvedcontract changeorders:
● CCO#1-Unforseenutilitiesunder newbuildingfoundation. $1,152.88● CCO#2-Unforeseenduct bankinthenewbuildingfootprint. $769.05● CCO#3-Biogrowthremoval fromASRwell. $13,645.85● CCO#4-Unforeseengasket removal fromtheexistingwell. $1,346.40● CCO#5-Removeunidentifiedobstructioninsidethemonitoringwell II. $14,014.21● CCO#6- The existing gravel feedtubeat thewell neededtobemodifiedtoaccommodatethenewwell flange. $9,863.38● CCO#7-PreliminarySCADAinvestigation. CCO#7wasrejected, nocost impact.● CCO#8-Timeextensionfor buildingfabrication. Nocost impact.● CCO#9- Contractor trailer to be relocated to accommodate PAL Youth CenterConstruction. $6,488.33● CCO#10-Not used. $0● CCO#11-Unforseensoil, vegetation, andfenceconditions. $1,009.80● CCO#12-Unforseen utilities that conflictedwiththelocationof thenewwastewater forcemainline. $741.77● CCO#13-Additional submittal exchangeservices. $5,385.60● CCO#14- Remobilization. $10,784.66● CCO#15- Electrical cabinet seismicbracingcalculationsrequiredbyBuildingandSafety.$1,481.04● CCO#16- Abatement of contaminatedsoil. $34,456.86● CCO#17-Timeextensionduetopermittingdelays. $18,658.20● CCO#18- Discrepanciesindesign.$19,916.44● CCO#19-Groundpenetrationradar andpotholefor SCE’selectrical duct bank.$25,419.66● CCO#20-Time extension due to design discrepancies, ambiguitiesintheSCADAdesign,andpermittingprocesswithNPDES. Nocost impact.● CCO#21-Remove and relocate the exciting 12-inch valve to accommodate the newbackflushingline. $35,961.72● CCO#22-Design changes, the bid documents did not include the new SCE switchgeardesign. $215,558.03 625

CITY COUNCIL AGENDA REPORT

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

DATE: January 25, 2021

TO: City Council

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

SUBJECT: Award Contract for Aquifer Storage and Recovery (ASR) Completion Project PW 20-08R. (0/5/5)

RECOMMENDATION

That the City Council:

1. Award and authorize the Mayor to execute Agreement A-8261 with Spiess Construction Co., Inc. in the amount of $4,167,000 for the Aquifer Storage and Recovery (ASR) Completion Project (206502);

2. Approve $416,700 for project contingency for the ASR Completion Project; and

3. Approve $416,700 for engineering, inspection, survey and project management for the ASR Completion Project.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/VIWykcL4W8g

BACKGROUND

To ensure a future reliable and affordable supply of high-quality water, the City of Oxnard has developed the Groundwater Recovery, Enhancement, and Treatment (GREAT) Program. The GREAT Program, initiated in the late 1990s and early 2000s, was intended as a water resources plan that combines wastewater recycling, groundwater injection, and groundwater desalination to provide local and regional water supply solutions.

Furthermore, the City initiated the Groundwater Replenishment Reuse Project (GRRP) for recycled water as part of the GREAT Program. The GRRP consists of using Aquifer Storage and Recovery (ASR) wells to inject recycled water into the groundwater and includes ASR Well #1 at Campus Park. Under the ASR Project, recycled water will be injected into a local groundwater aquifer for groundwater recharge. The water recovered from the ASR wells will then be blended with City groundwater water sources and delivered as potable water. Use of the recovered groundwater from the ASR wells could be used to offset future groundwater pumping cutbacks from the Fox Canyon Groundwater Management Agency and future population growth.

The ASR component consists of injecting advanced treated (ultra-pure) recycled water from the Advanced Water Purification Facility (AWPF) into the ground, holding the water in the aquifer for at least 3.1 months, and then withdrawing the water via extraction wells for potable reuse.

The ASR’s critical role in the GREAT Program will be implemented in three (3) phases:
 Phase 1 of the ASR component includes the construction of one demonstration ASR well, pump, piping, and appurtenances located at Campus Park, as well as three monitoring wells. Phase 1 will also consist of the construction of a tie-in from the Ventura Road Recycled Water Backbone Pipeline to the ASR Well at Campus Park, temporary well facilities from demonstration testing, and a pipeline to convey water from Campus Park to 626
Blending Stations #1 and #6.
 Phase 2 of the ASR component consists of expanding the City’s AWPF to produce 12.5 million gallons per day (mgd) of advanced treated recycled water, construction of four duty and four standby ASR wells, associated pumps, piping, and appurtenances located at the Campus Park and Blending Stations #1 and #6, and associated monitoring wells.
 Phase 3 of the ASR component will further expand the City’s AWPF to produce 18.75 mgd of advanced treated recycled water and requires the construction of six duty and three standby ASR wells, associated pumps, piping and appurtenances located at the City’s Blending Stations #1, #3 and #6, and associated monitoring wells.

The demonstration ASR well, three (3) monitoring wells and the tie-in from the Ventura Road Recycled Water Backbone Pipeline to ASR Well have already been constructed. The final step to complete Phase 1 includes the installation of the pump house with the pump, piping, and appurtenances located within as well as a maintenance access road in order to begin the demonstration period.

CIP Reference
Project No. 206502 – Aquifer Storage and Recovery (ASR) Completion - CIP 2020-2025 - Adopted June 16, 2020 -

Page 202 ends

Oxnard City CouncilDecember 3, 2024

Oxnard City Council
December 3, 2024