Oxnard City Council
January 7, 2025

Site-specifi c design support is available from CONTECH Stormwater Design Engineers. ©2008 CONTECH Construction Products Inc.

CONTECH Construction Products Inc. provides site solutions for the civil engineering industry. CONTECH’s portfolio includes bridges, drainage, sanitary sewer, stormwater and earth stabilization products. For information on other CONTECH division offerings, visit contech-cpi.com or call 800.338.1122
Nothing in this catalog should be construed as an expressed warranty or an implied warranty of merchantability or fi tness for any particular purpose. See the CONTECH standard quotation or acknoweldgement for applicable warranties and other terms and conditions of sale.
•
•
800.338.1122
contechstormwater.com
SF-CIP 09/08
Agreement No. 32500236 403 of 428
552

EXHIBIT J

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Downstream Services, Inc.)

STORMFILTER MAINTENANCE GUIDE
(ON THE FOLLOWING PAGES)
Agreement No. 32500236 404 of 428
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StormFilter Inspection and
Maintenance Procedures

ENGINEERED SOLUTIONS

Agreement No. 32500236 405 of 428
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In addition to these two activities, it is important to check the condition of the StormFilter unit after major storms for potential damage caused by high flows and for high sediment accumulation that may be caused by localized erosion in the drainage area. It may be necessary to adjust the inspection/ maintenance schedule depending on the actual operating
conditions encountered by the system. In general, inspection activities can be conducted at any time, and maintenance should occur, if warranted, during dryer months in late summer to early fall.

Maintenance Frequency
The primary factor for determining frequency of maintenance for the StormFilter is sediment loading.

A properly functioning system will remove solids from water by trapping particulates in the porous structure of the filter media inside the cartridges. The flow through the system will naturally decrease as more and more particulates are trapped. Eventually the flow through the cartridges will be low enough to require replacement. It may be possible to extend the usable span of the cartridges by removing sediment from upstream trapping devices on a routine as-needed basis, in order to prevent material from being re-suspended and discharged to the StormFilter treatment system.

The average maintenance lifecycle is approximately 1-5 years.

Site conditions greatly influence maintenance requirements.

StormFilter units located in areas with erosion or active construction may need to be inspected and maintained more often than those with fully stabilized surface conditions.

Regulatory requirements or a chemical spill can shift maintenance timing as well. The maintenance frequency may be adjusted as additional monitoring information becomes available during the inspection program. Areas that develop known problems should be inspected more frequently than areas that demonstrate no problems, particularly after major storms. Ultimately, inspection and maintenance activities should be scheduled based on the historic records and characteristics of an individual StormFilter system or site. It is recommended that the site owner develop a database to properly manage StormFilter inspection and maintenance programs..

Maintenance Guidelines
The primary purpose of the Stormwater Management
StormFilter® is to filter and prevent pollutants from entering our waterways. Like any effective filtration system, periodically these pollutants must be removed to restore the StormFilter to its full efficiency and effectiveness.

Maintenance requirements and frequency are dependent on the pollutant load characteristics of each site. Maintenance activities may be required in the event of a chemical spill or due to excessive sediment loading from site erosion or extreme storms. It is a good practice to inspect the system after major storm events.

Maintenance Procedures
Although there are many effective maintenance options, we believe the following procedure to be efficient, using common equipment and existing maintenance protocols. The following two-step procedure is recommended::

1. Inspection
• Inspection of the vault interior to determine the need for maintenance.

2. Maintenance
• Cartridge replacement
• Sediment removal
Inspection and Maintenance Timing
At least one scheduled inspection should take place per year with maintenance following as warranted.

First, an inspection should be done before the winter season.

During the inspection the need for maintenance should be determined and, if disposal during maintenance will be required, samples of the accumulated sediments and media should be obtained.

Second, if warranted, a maintenance (replacement of the filter cartridges and removal of accumulated sediments) should be performed during periods of dry weather.

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Inspection Procedures
The primary goal of an inspection is to assess the condition of the cartridges relative to the level of visual sediment loading as it relates to decreased treatment capacity. It may be desirable to conduct this inspection during a storm to observe the relative flow through the filter cartridges. If the submerged cartridges are severely plugged, then typically large amounts of sediments will be present and very little flow will be discharged from the drainage pipes. If this is the case, then maintenance is warranted and the cartridges need to be replaced.

Warning: In the case of a spill, the worker should abort inspection activities until the proper guidance is obtained.

Notify the local hazard control agency and Contech Engineered Solutions immediately.

To conduct an inspection:

Important: Inspection should be performed by a person who is familiar with the operation and configuration of the StormFilter treatment unit and the unit’s role, relative to detention or retention facilities onsite.

1. If applicable, set up safety equipment to protect and notify surrounding vehicle and pedestrian traffic.

2. Visually inspect the external condition of the unit and take notes concerning defects/problems.

3. Open the access portals to the vault and allow the system vent.

4. Without entering the vault, visually inspect the inside of the unit, and note accumulations of liquids and solids.

5. Be sure to record the level of sediment build-up on the floor of the vault, in the forebay, and on top of the cartridges. If flow is occurring, note the flow of water per drainage pipe. Record all observations. Digital pictures are valuable for historical documentation.

6. Close and fasten the access portals.

7. Remove safety equipment.

8. If appropriate, make notes about the local drainage area relative to ongoing construction, erosion problems, or high loading of other materials to the system.

9. Discuss conditions that suggest maintenance and make decision as to whether or not maintenance is needed.

Maintenance Decision Tree
The need for maintenance is typically based on results of the inspection. The following Maintenance Decision Tree should be used as a general guide. (Other factors, such as Regulatory Requirements, may need to be considered).

Please note Stormwater Management StormFilter devices installed downstream of, or integrated within, a stormwater storage facility typically have different operational parameters (i.e. draindown time). In these cases, the inspector must understand the relationship between the retention/detention facility and the treatment system by evaluating site specific civil engineering plans, or contacting the engineer of record, and make adjustments to the below guidance as necessary. Sediment deposition depths and patterns within the StormFilter are likely to be quite different compared to systems without upstream storage and therefore shouldn’t be used exclusively to evaluate a need for maintenance.

1. Sediment loading on the vault floor.
a. If >4” of accumulated sediment, maintenance is
required.

2. Sediment loading on top of the cartridge.
a. If >1/4” of accumulation, maintenance is required.

3. Submerged cartridges.
a. If >4” of static water above cartridge bottom for more than 24 hours after end of rain event, maintenance
is required. (Catch basins have standing water in the
cartridge bay.)

4. Plugged media.
a. While not required in all cases, inspection of the media within the cartridge may provide valuable additional
information.
b. If pore space between media granules is absent,
maintenance is required.

5. Bypass condition.
a. If inspection is conducted during an average rain fall event and StormFilter remains in bypass condition
(water over the internal outlet baffle wall or submerged cartridges), maintenance is required.

6. Hazardous material release.
a. If hazardous material release (automotive fluids or other) is reported, maintenance is required.

7. Pronounced scum line.
a. If pronounced scum line (say ≥ 1/4” thick) is present above top cap, maintenance is required.

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Important: Care must be used to avoid damaging the
cartridges during removal and installation. The cost of repairing components damaged during maintenance will be the responsibility of the owner.

C. Set the used cartridge aside or load onto the hauling truck.

D. Continue steps a through c until all cartridges have been removed.

Method 2:

A. This activity will require that maintenance personnel enter the vault to remove the cartridges from the under drain manifold and place them under the vault opening for
lifting (removal). Disconnect each filter cartridge from the underdrain connector by rotating counterclockwise 1/4 of a turn. Roll the loose cartridge, on edge, to a convenient spot beneath the vault access.

B. Unscrew the cartridge cap.

C. Remove the cartridge hood and float.

D. At location under structure access, tip the cartridge on its side.

E. Empty the cartridge onto the vault floor. Reassemble the empty cartridge.

F. Set the empty, used cartridge aside or load onto the hauling truck.

G. Continue steps a through e until all cartridges have been removed.

Maintenance
Depending on the configuration of the particular system, maintenance personnel will be required to enter the vault to perform the maintenance.

Important: If vault entry is required, OSHA rules for confined space entry must be followed.

Filter cartridge replacement should occur during dry weather.

It may be necessary to plug the filter inlet pipe if base flows is occurring.

Replacement cartridges can be delivered to the site or customers facility. Information concerning how to obtain the replacement cartridges is available from Contech Engineered Solutions.

Warning: In the case of a spill, the maintenance personnel should abort maintenance activities until the proper guidance is obtained. Notify the local hazard control agency and Contech Engineered Solutions immediately.

To conduct cartridge replacement and sediment removal
maintenance:

1. If applicable, set up safety equipment to protect maintenance personnel and pedestrians from site hazards.

2. Visually inspect the external condition of the unit and take notes concerning defects/problems.

3. Open the doors (access portals) to the vault and allow the system to vent.

4. Without entering the vault, give the inside of the unit, including components, a general condition inspection.

5. Make notes about the external and internal condition of the vault. Give particular attention to recording the level of sediment build-up on the floor of the vault, in the forebay, and on top of the internal components.

6. Using appropriate equipment offload the replacement
cartridges (up to 150 lbs. each) and set aside.

7. Remove used cartridges from the vault using one of the following methods:

Method 1:

A. This activity will require that maintenance personnel enter the vault to remove the cartridges from the under drain manifold and place them under the vault opening for
lifting (removal). Disconnect each filter cartridge from the underdrain connector by rotating counterclockwise 1/4 of a turn. Roll the loose cartridge, on edge, to a convenient spot beneath the vault access.

Using appropriate hoisting equipment, attach a cable
from the boom, crane, or tripod to the loose cartridge.

Contact Contech Engineered Solutions for suggested
attachment devices.

B. Remove the used cartridges (up to 250 lbs. each) from the vault.

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8. Remove accumulated sediment from the floor of the
vault and from the forebay. This can most effectively be accomplished by use of a vacuum truck.

9. Once the sediments are removed, assess the condition of the vault and the condition of the connectors.

10.Using the vacuum truck boom, crane, or tripod, lower and install the new cartridges. Once again, take care not to damage connections.

11.Close and fasten the door.

12.Remove safety equipment.

13.Finally, dispose of the accumulated materials in accordance with applicable regulations. Make arrangements to return the used empty cartridges to Contech Engineered Solutions.

Related Maintenance Activities -
Performed on an as-needed basis
StormFilter units are often just one of many structures in a more comprehensive stormwater drainage and treatment system.

In order for maintenance of the StormFilter to be successful, it is imperative that all other components be properly maintained.

The maintenance/repair of upstream facilities should be carried out prior to StormFilter maintenance activities.

In addition to considering upstream facilities, it is also important to correct any problems identified in the drainage area. Drainage area concerns may include: erosion problems, heavy oil loading, and discharges of inappropriate materials.

Material Disposal
The accumulated sediment found in stormwater treatment
and conveyance systems must be handled and disposed of in accordance with regulatory protocols. It is possible for sediments to contain measurable concentrations of heavy metals and organic chemicals (such as pesticides and petroleum products).

Areas with the greatest potential for high pollutant loading include industrial areas and heavily traveled roads.

Sediments and water must be disposed of in accordance with all applicable waste disposal regulations. When scheduling maintenance, consideration must be made for the disposal of solid and liquid wastes. This typically requires coordination with a local landfill for solid waste disposal. For liquid waste disposal a number of options are available including a municipal vacuum truck decant facility, local waste water treatment plant or on-site treatment and discharge.

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Inspection Report
Date: —————————————Personnel: ———————————————————————————————————— Location:————————————System Size: _____________________________ Months in Service: ———————————— System Type: Vault Cast-In-Place Linear Catch Basin Manhole Other: ___________ Sediment Thickness in Forebay: _____________________________________________________ Date: ____________________________ Sediment Depth on Vault Floor:_______________________________________________________________________________________ Sediment Depth on Cartridge Top(s): __________________________________________________________________________________ Structural Damage: ———————————————————————————————————————————————— Estimated Flow from Drainage Pipes (if available):———————————————————————————————————— Cartridges Submerged: Yes No Depth of Standing Water:—————————————————————— StormFilter Maintenance Activities (check off if done and give description) Trash and Debris Removal: ——————————————————————————————————————————— Minor Structural Repairs: ———————————————————————————————————————————— Drainage Area Report ————————————————————————————————————————————— Excessive Oil Loading: Yes No Source: ——————————————————————— Sediment Accumulation on Pavement: Yes No Source: ——————————————————————— Erosion of Landscaped Areas: Yes No Source: ——————————————————————— Items Needing Further Work: ———————————————————————————————————————————— Owners should contact the local public works department and inquire about how the department disposes of their street waste residuals.

Other Comments:
————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— Review the condition reports from the previous inspection visits.

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StormFilter Maintenance Report
Date: —————————————Personnel: ———————————————————————————————————— Location:————————————System Size: ——————————————————————————————————— System Type: Vault Cast-In-Place Linear Catch Basin Manhole Other:__________ List Safety Procedures and Equipment Used: —————————————————————————————————————— ————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————— System Observations
Months in Service: __________________________________________________________________________________________________ Oil in Forebay (if present): Yes No
Sediment Depth in Forebay (if present): ———————————————————————————————————————— Sediment Depth on Vault Floor: ——————————————————————————————————————————— Sediment Depth on Cartridge Top(s): ————————————————————————————————————————— Structural Damage: ———————————————————————————————————————————————— Drainage Area Report
Excessive Oil Loading: Yes No Source: ————————————————————————— Sediment Accumulation on Pavement: Yes No Source: ————————————————————————— Erosion of Landscaped Areas: Yes No Source: ————————————————————————— StormFilter Cartridge Replacement Maintenance Activities Remove Trash and Debris: Yes No Details: —————————————————————————— Replace Cartridges: Yes No Details: —————————————————————————— Sediment Removed: Yes No Details: —————————————————————————— Quantity of Sediment Removed (estimate?):

Minor Structural Repairs: Yes No Details: ————————————————————————— Residuals (debris, sediment) Disposal Methods:—————————————————————————————————————— Notes:
—————————————————————————————————————————————————————————— —————————————————————————————————————————————————————————— —————————————————————————————————————————————————————————— —————————————————————————————————————————————————————————— —————————————————————————————————————————————————————————— —————————————————————————————————————————————————————————— —————————————————————————————————————————————————————————— Agreement No. 32500236 411 of 428
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800.338.1122
www.conteches.com
NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS A WARRANTY. APPLICATIONS SUGGESTED HEREIN ARE DESCRIBED

ONLY TO HELP READERS MAKE THEIR OWN EVALUATIONS AND DECISIONS, AND ARE NEITHER GUARANTEES NOR WARRANTIES OF SUITABILITY FOR ANY APPLICATION. CONTECH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO THE APPLICATIONS, MATERIALS, COATINGS, OR PRODUCTS DISCUSSED HEREIN. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY CONTECH.

SEE CONTECH’S CONDITIONS OF SALE (AVAILABLE AT WWW.CONTECHES.COM/COS) FOR MORE INFORMATION.

Contech Engineered Solutions LLC provides site solutions for the civil engineering industry. Contech’s portfolio includes bridges, drainage, sanitary sewer, stormwater and earth stabilization products. For information on other Contech division offerings, visit www.ContechES.com or call 800.338.1122.

Support
• Drawings and specifications are available at www.conteches.com. • Site-specific design support is available from our engineers.

ENGINEERED SOLUTIONS
© 2020 CONTECH ENGINEERED SOLUTIONS LLC, A QUIKRETE COMPANY 800-338-1122
www.ContechES.com
All Rights Reserved. Printed in the USA.

StormFilter Inspection and Maintenance Procedures 4/20
Agreement No. 32500236 412 of 428
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EXHIBIT K

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Downstream Services, Inc.)

INDUSTRIAL WASTEWATER DISCHARGE PERMIT APPLICATION
(ON THE FOLLOWING PAGES)
Agreement No. 32500236 413 of 428
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CITY OF OXNARD TECHNICAL

SERVICES PROGRAM SOURCE

CONTROL
6001 PERKINS ROAD, OXNARD, CA 93033

INDUSTRIAL WASTEWATER DISCHARGE PERMIT APPLICATION
(INDUSTRIAL USER BASELINE MONITORING REPORT)
All businesses in the City of Oxnard are required to complete an industrial wastewater discharge permit application. Use current operating parameters. PLEASE ANSWER ALL QUESTIONS.

GENERAL INSTRUCTIONS

1. PLEASE COMPLETE THE ATTACHED FORM AND RETURN IT BY
TO THE FOLLOWING ADDRESS:

CITY OF OXNARD

TECHNICAL SERVICES PROGRAM

SOURCE CONTROL
6001 PERKINS ROAD
OXNARD, CA 93033

2. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE TECHNICAL SERVICES PROGRAM - SOURCE CONTROL AT (805) 488-3517.

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NOTE TO SIGNING OFFICIAL: In accordance with 40 CFR, Part 403, Section 403.12, information and data provided in this report which identifiesthe nature and frequency of your discharge shall be available to the public without restriction.

Requests for confidential treatment of other information contained herein shall be governed by 40 CFR, Part 2. Should a discharge permit be required for your facility, information contained in this report will be used to issue the permit.

SECTION A GENERAL INFORMATION

1. COMPANY NAME:

2. MAILING ADDRESS:

3. FACILITY ADDRESS:

4. FACILITY CONTACT (provide the name, title and telephone number ofthe designated person to contact if additional information is required):
f

5. ALTERNATE FACILITY CONTACT (provide the name, title and telephone number of the designated person to contact if the primary contact person is unavailable):

6. PROPERTY OWNER:

7. PRINCIPAL BUSINESS ACTIVITY CONDUCTED AT THIS FACILITY:

8. CHECK ONE: EXISTING DISCHARGE PROPOSED DISCHARGE

9. DATE FACILITY COMMENCED/WILL COMMENCE OPERATION:

SECTION B NATURE OF OPERATION

1. PROVIDE A BRIEF DESCRIPTION OF THE MANUFACTURING, PRODUCTION OR SERVICE ACTIVITY(S) YOUR FIRM ENGAGES IN:

2. LIST THE APPLICABLE STANDARD INDUSTRIALCLASSIFICATION (SIC) NUMBER(S) FOR YOUR FACILITY:

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3. SUMMARIZE EACH PROCESS USED (attach additional sheet(s) if necessary):

PROCESS PRODUCTION

DESCRIPTION RATE

SOURCE CONTROL USE ONLY

PRETREATMENT

CATEGORY SUBCATEGORY
a.
b.
c.
d.

4. LIST THE RAW MATERIALS AND PROCESS ADDITIVES USED (attach additional sheet(s) if necessary):

CHEMICAL OR TRADE NAME MANUFACTURER ANNUALUSAGE

5. LIST ALL CHEMICALS, OTHER THAN LISTED ABOVE (solvents, acids, caustics, boiler additives, cooling tower additives, industrial cleaners, lubricants, etc.) USED (attach additional sheet(s) if necessary):

CHEMICAL OR TRADE NAME MANUFACTURER ANNUALUSAGE

SECTION C PLANT OPERATIONAL CHARACTERISTICS

1. PRINCIPAL PRODUCT PRODUCED:

2. PRODUCTION PROCESS IS (check one):

BATCH - AVERAGE NUMBER OF BATCHES PER DAY

CONTINUOUS - PRODUCTION RATE
BOTH - % BATCH % CONTINUOUS

3. IS PRODUCTION SUBJECT TO SEASONAL VARIATION? YES NO
IF YES, PLEASE DESCRIBE:

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4. NUMBER OF WORKDAYS PER WEEK: NUMBER OF SHIFTS PER DAY:

NUMBER OF EMPLOYEES PER SHIFT:

HOURS OF OPERATIONS: A.M. TO: P.M. CONTINUOUS
SHIFT START TIMES: 1ST 2ND 3RD

5. ANY PROCESS CHANGES OR EXPANSIONS PLANNED IN THE NEXT FIVE (5) YEARS? YES NO If yes, attach a separate sheet describing the nature of changes or expansions

SECTION D WATER CONSUMPTION AND LOSS

1. RAW WATER SOURCE(S) (check applicable sources):

CITY WATER PRIVATE CONTRACT

COUNTY WATER SURFACE WATER
PRIVATE WELL OTHER (explain):

2. WATER SERVICE COMPANY NAME AND ADDRESS:

3. WATER SERVICE ACCOUNT NUMBER(S):

4. LIST THE PAST TWELVE (12) MONTHS WATER USAGE (note where usage is estimated):

DATE USAGE
a. from to HCF
b. from to HCF
c. from to HCF
d. from to HCF
e. from to HCF
f. from to HCF

DATE USAGE
g. from to HCF
h. from to HCF
i. from to HCF
j. from to HCF
k. from to HCF
l. from to _ HCF

5. IF A WATER SOURCE IS NOT METERED, PROVIDE AN ESTIMATE OF THE AMOUNT CONSUMED AT YOUR FACILITY: gallons per day.

6. IF WATER AND/OR SEWER CHARGES ARE PAID BY SOMEONE OTHER THAN YOUR FACILITY, PROVIDE THE NAME, ADDRESS AND THE TELEPHONE NUMBER:

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AVE. DAILY MAX. DAILY TYPE OF DISCHARGE Source Control
FLOW FLOW (batch, cont., none) Use Only (RUD

7. DESCRIBE ANY PRETREATMENT PROCESS(ES) FOR RAW WATER:

8. TOTAL FACILITY WASTEWATER DISCHARGE IN GALLONS PER DAY:

AVERAGE MAXIMUM

9. OTHER DISCHARGE OR WATER LOSS TO (provide the amount in gallons per day):
a. STORM DRAIN OR GROUND
b. EVAPORATION
c. CONTAINED IN PRODUCT
d. WASTE HAULERS
e. IRRIGATION

10. PROVIDE THE NAME AND ADDRESS OF WASTE HAULER(S) IF USED:

11. INDIVIDUAL PROCESS DISCHARGES IN GALLONS PER DAY (attach additional sheet(s) if necessary):

PROCESS )
Sanitary
Boiler
Blowdown
Cooling
Water
Other

12. DESCRIBE ANY WATER RECYCLING OR MATERIAL RECLAMATION PROCESSES USED:

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13. CHECK THE TYPE OF WASTEWATER PRETREATMENT, IF ANY, GIVEN WASTEWATER BEFORE DISCHARGE TO THE CITY OF OXNARD SEWER:

NO PRETREATMENT PROVIDED PLATE OUT

CHEMICAL PRECIPITATION CYANIDE DESTRUCT

ION EXCHANGE NEUTRALIZATION

SETTLING/CLARIFICATION AUTOMATIC TREATMENT SYSTEM

FILTER PRESS SCREENING

FILTRATION-MEMBRANE FLOW EQUALIZATION

FILTRATION-MEDIA SILVER RECOVERY

BIOLOGICAL TREATMENT SPILL CONTAINMENT
OTHER CHEMICAL TREATMENT GREASE INTERCEPTOR (outside) – OTHER:

SIZE
GREASE TRAP (inside) - SIZE

DOUBLE CONTAINMENT

14. INDICATE ALL CHEMICALS, IF ANY, WHICH ARE USED FOR SEDIMENTATION, pH ADJUSTMENT, FILTRATION, ETC. (attach additional sheet(s) if necessary):

15. IF pH ADJUSTMENT IS CHECKED, INDICATE THE METHOD EMPLOYED AND THE pH MONITORING INSTRUMENTATION USED (attach additional sheet(s) if necessary):

16. DESCRIBE THE DESIGN CAPACITY, PHYSICAL SIZE, LOADING RATE AND GENERAL LOCATION OF EACH PRETREATMENT DEVICE OR SYSTEM CHECKED ABOVE (attach additional sheet(s) if necessary):

17. ARE ANY STORAGE TANKS FOR WASTE OR RAW MATERIALS DIRECTLY CONNECTED TO YOUR PRETREATMENT SYSTEM? IF YES, PLEASE EXPLAIN (attach additional sheet(s) if necessary):

18. LIST ANY OF THE WASTEWATER GENERATING ACTIVITIES/PROCESSES NOT ROUTED THROUGH YOUR PRETREATMENT SYSTEM:

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19. IF THE PRETREATMENT SYSTEM IS LOCATED UNDERGROUND, DO YOU HAVE ANY LEAKAGE MONITORING EQUIPMENT OR PROCEDURES? IF YES, PLEASE EXPLAIN (attach additional sheet(s) if necessary):

20. FUTURE WASTEWATER PRETREATMENT IMPROVEMENTS - DESCRIBE AND INCLUDE A

TIMETABLE FOR ANY CHANGES IN TREATMENT OR DISPOSAL METHOD PLANNED OR UNDER CONSTRUCTION FOR WASTEWATER GENERATED BY THIS FACILITY (attach additional sheet(s) if necessary):

21. PROVIDE ON SEPARATE SHEETS THE FOLLOWING DRAWINGS:
a. A DRAWING SHOWING THE PHYSICAL LOCATION OF THE BUILDING(S) AND SEWER

LINE(S) WITH RESPECT TO PROPERTY LINES, ROADS, ALLEYS, DITCHES, AND ANY OTHER OUTSTANDING TOPOGRAPHICAL FEATURES. CLEARLY SHOW THE LOCATION OF THE FOLLOWING FACILITY FEATURES (use of plans is suitable):

INDUSTRIAL PROCESS AREA (show the location of all wastewater generation activities)

ALL BUILDING SEWER LINES, TRENCHES OR OTHER WASTEWATER CONVEYANCE

PRETREATMENT SYSTEMS/DEVICES

STORM DRAINS

WATER METERS

INDUSTRIAL WASTEWATER SAMPLING LOCATIONS

CHEMICAL STORAGE/HANDLING AREAS

HAZARDOUS WASTE STORAGE/HANDLING AREAS
b. A SCHEMATIC DRAWING OR FLOW CHART OF EACH PROCESS THAT GENERATES WASTEWATER. FOR EACH ACTIVITY, SHOW THE FLOW OF MATERIALS AND WATER FROM START TO FINAL DISCHARGE (see example).

EXAMPLE: Photo Developing
c. A SCHEMATIC DRAWING OF ANY WASTEWATER PRETREATMENT DEVICES CHECKED IN D-13.

DRAWING OR PLANS MUST BE NEAT, LEGIBLE, AND CLEARLY LABELED. IF ANY OF THE REQUIRED FEATURES ARE NOT INCLUDED, PROVIDE AN EXPLANATION.

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SECTION E NATURE AND CONCENTRATION OF POLLUTANTS

1. INDICATE WHETHER ANY OF THE FOLLOWING SUBSTANCES ARE OR CAN BE PRESENT AT THIS FACILITY, CHECK COLUMN "A" IF IT COMES INTO CONTACT WITH WATER OR MAY BE PRESENT IN THE WASTEWATER. CHECK COLUMN "B" IF IT IS PRESENT ON SITE

BUT IN A LOCATION OR PROCESS WHERE NO ENTRY TO THE WASTEWATER SHOULD OCCUR. INDICATE WITH A CHECK MARK:
a. PRIMARY POLLUTANTS

A B A B
acenaphthene
acrolein
acrylonitrile
benzene
benzidine
carbon tetrachloride
chlorobenzene
1,2,4-trichlorobenzene
hexachlorocyclopentadiene
isophorone
naphthalene
nitrobenzene
2-nitrophenol
4-nitrophenol
2,4-dinitrophenol
4,6-dinitro-o-cresol
hexachlorobenzene
1,2-dichloroethane
1,1,1-trichloroethane (TCA)
N-nitrosodimethylamine
N-nitrosodiphenylamine
N-nitrosodi-n-propylamine
hexachloroethane
1,1-dichloroethane
1,1,2-trichloroethane
1,1,2,2-tetrachloroethane
pentachlorophenol
phenol
bis (2-ethylhexyl) phthalate
butyl benzyl phthalate
chloroethane
bis (2-chloroethyl) ether
di-n-butyl phthalate
di-n-octyl phthalate
2-chloroethyl vinyl ether
2-chloronaphthalene
2,4,6-trichlorophenol
parachlorometacresol
chloroform
2-chlorophenol
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3-dichlorobenzidine
1,1-dichloroethylene
1,2-trans-dichloroethylene
2,4-dichlorophenol
1,2-dichloropropane
1,3-dichloropropylene
2,4-dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
ethylbenzene
fluoranthene
4-chlorophenyl phenyl ether
4-bromophenyl phenyl ether
bis (2-chloroisopropyl) ether
bis (2-chloroethoxy)methane
methylene chloride
diethyl phthalate
dimethyl phthalate
benzo (a) anthracene
benzo (a) pyrene
3,4-denzofluoranthene
benzo (k) fluoranthene
chrysene
acenaphthylene
anthracene
benzo (ghi) perylene
fluorene
phenanthrene
dibenzo (a,h) anthracene
indeno (1,2,3-cd) pyrene
pyrene
tetrachloroethylene (PCE)
toluene
trichloroethylene (TCE)
vinyl chloride
aldrin
dieldrin
chlordance
4,4'-DDT
4,4'-DDE (p,p' DDX)
4,4'-DDD (p,p' TDE)
Methyl chloride
methyl bromide
Alpha-endosulfan
Beta-endosulfan
bromoform
dichlorobromomethane
chlorodibromomethane
hexachlorobutadiene
2,4-dimethylphenol
endosulfan sulfate
endrin
endrin aldehyde
heptachlor
heptachlor epoxid
Agreement No. 32500236 421 of 428
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A B
A B
Alpha-BHC
Beta-BHC
Gamma-BHC(lindane)
Delta-BHC
PCB-1242 (Aroclor 1242)
PCB-1254 (Aroclor 1254)
PCB-1221 (Aroclor 1221)
PCB-1232 (Aroclor 1232)
PCB-1248 (Aroclor 1248)
PCB-1260 (Aroclor 1260)
PCB-1016 (Aroclor 1016)
Arsenic (Total)
Asbestos (Fibrous)
Beryllium (Total)
Cadmium (Total)
Chromium (Total)
Copper (Total)
Cyanide (Total)
Lead (Total)
Mercury (Total)
Selenium (Total)
2,3,7,8-tetrachlorodibenzo-p-dioxin Silver (Total)
Toxaphene
Antimony (Total)
Thallium (Total)
Zinc (Total)
b. OTHER POLLUTANTS

A B A B
Boron
Calcium
Chloride
Cobalt
Low pH
Magnesium
Silicates
Solvents*
Oil and Grease (Animal/ Vegetable) Sulfate
Oil and Grease (Mineral)
High pH
High Temp
Sulfide
Surfactants
*IDENTIFY THE CHEMICAL COMPOUNDS OF EACH SOLVENT:

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2. POLLUTANT CONCENTRATION MEASUREMENT

AN INDUSTRIAL USER MUST PERFORM SAMPLING AND ANALYSIS OF THE WASTEWATER

FROM EACH REGULATED PROCESS, AFTER PRETREATMENT IF APPLICABLE, AT THE END OF PROCESS DISCHARGE, BEFORE MIXING WITH OTHER WASTESTREAMS. IF SAMPLING OF THE

REGULATED WASTESTREAM(S) BEFORE MIXING WITH OTHER WASTESTREAMS IS NOT

FEASIBLE, THE TOTAL FACILITY WASTESTREAM MAY BE SAMPLED AND ANALYZED, AND

EQUIVALENT CONCENTRATIONS AND LIMITS CALCULATED USING ANALYSIS RESULTS AND FLOW DATA FROM D-11. PROVIDE THE ANALYTICAL DATA FOR EACH SAMPLE POINT IN THE SPACES BELOW. ONLY THOSE POLLUTANTS SPECIFICALLY REGULATED BY THE APPLICABLE PRETREATMENT CATEGORY NEED BE REPORTED (attach additional sheet(s) as necessary):

REGULATED PROCESS:

SAMPLE LOCATION:

DATE SAMPLE TAKEN:

SAMPLE TYPE:

NUMBER OF SAMPLES AND FREQUENCY COLLECTED:

ANALYTICAL METHODS USED:

AVE. MAX.

POLLUTANT UNITS CONC. CONC.

SOURCE CONTROL USE ONLY
PERMIT

AMAC AMMC AEC MEC LIMIT
SILVER (Ag) mg/l
CADMIUM (Cd) "
CYANIDE (Total) "
CYANIDE (amenable) "
CHROMIUM (Cr) "
COPPER (Cu) "
NICKEL (Ni) "
LEAD (Pb) "
ZINC (Zn) "
TOTAL METALS (TM) "
PH ---
TTO mg/l
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SECTION F OTHER WASTE DISPOSAL

1. DOES THE FACILITY GENERATE ANY HAZARDOUS WASTES SUCH AS SPENT SOLVENTS, PRETREATMENT SLUDGES, SPENT PROCESS SOLUTIONS OR OTHER?

YES NO IF YES, DESCRIBE THE NATURE OF, AND THE DISPOSAL METHODS FOR THESE WASTES:

2. ENVIRONMENTAL CONTROL PERMITS - LIST ALL ENVIRONMENTAL CONTROL PERMITS HELD BY OR FOR THE FACILITY:

TITLE OF PERMIT PERMIT NO. ISSUING AGENCY EXPIRATION DATE

3. HAS THE FACILITY DEVELOPED A PLAN TO PREVENT AND CONTROL SPILLS? YES NO

SECTION G COMPLIANCE CERTIFICATION

1. IS THE FACILITY MEETING APPLICABLE CATEGORICAL PRETREATMENT STANDARDS ON A CONSISTENT BASIS?

YES NO NOT KNOWN

2. IF NO, DO YOU REQUIRE:

ADDITIONAL OPERATIONS AND MAINTENANCE TO ACHIEVE COMPLIANCE? NEW OR ADDITIONAL PRETREATMENT FACILITIES TO ACHIEVE COMPLIANCE? BOTH OF THE ABOVE?

3. a. IF ADDITIONAL OPERATIONS AND MAINTENANCE, OR NEW OR ADDITIONAL

PRETREATMENT FACILITIES WILL BE REQUIRED TO MEET CATEGORICAL

PRETREATMENT STANDARDS ON A CONSISTENT BASIS, PROVIDE ON A SEPARATE

SHEET A SCHEDULE LISTING THE SHORTEST INCREMENTS OF PROGRESS TOWARDS

COMPLETION OF EVENTS LEADING TO COMPLIANCE WITH CATEGORICAL STANDARDS. INDICATE THE DATES FOR COMMENCEMENT AND COMPLETION OF MAJOR EVENTS.
b. A PROGRESS REPORT SHALL BE SUBMITTED TO THE SOURCE CONTROL PROGRAM WITHIN 14 DAYS OF THE COMPLETION OF EACH MAJOR EVENT.

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NOTE: THIS IS TO BE SIGNED BY AN AUTHORIZED OFFICIAL OF YOUR FIRM AFTER

COMPLETION OF THIS FORM AND REVIEW OF THE INFORMATION BY THE SIGNING OFFICIAL.

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to be best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Date
Signature of Official
Title
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EXHIBIT L

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Downstream Services, Inc.)

OXNARD GIS DATE USE AGREEMENT
(ON THE FOLLOWING PAGES)
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Oxnard GIS - Data Use Agreement
On behalf of ______________________, I agree that the electronic data provided by the City of Oxnard (“the City”) will be used only for the tasks related to the ______________________ project, and ______________________ will not sell, share, give away or otherwise disclose such data to any other entity or person without the prior written consent of the City.

I acknowledge that the data provided by the City was created by the City’s Geographic Information Systems Division solely for the convenience of the City and its related public entities and that the City does not warrant the accuracy of the data. On behalf of ______________________, I agree that no decision involving a risk of economic loss or physical injury will be made in reliance on the data provided by the City.

I acknowledge that City of Oxnard utility infrastructure data is considered confidential pursuant to California Government Code Sections 6254(e), 6254(k), 6254(aa), 6254.9, 6254.16, 6254.18 and 6255. I agree that I will obtain written consent from the City before any maps, figures, or data layers are made available to the general public.

Dated:____________
Requesting Organization
__________________________
Project Manager
Will data be available to the public?
No
Yes (Please describe on following
page)
City of Oxnard
________________________
Project Manager
___________________________
Utility Manager
(Required if shared with public)
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If data will be shared with the public in any way, please fill out the following sections.

1. Data Type (Check all that apply):

Water Utility Infrastructure
Sewer Utility Infrastructure
Stormwater Utility Infrastructure
Other
If other, please provide description:

2. Format of Public Data (Check all that apply):

Spatial Data Layer (GIS, KML, KMZ, Feature Service)
Detailed Map or Figure
Other
If Other, please provide a description:

3. Project Spatial Extent:

4. Project Description:

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.9
DATE: January 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Trade Services Agreement with Commodity Trucking Acquisition LLC dba Tri-County Transportation for Backfill and Resurfacing Material Sales, Delivery and Haul Away Services.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Commodity Trucking Acquisition LLC dba Tri-County Transportation (Agreement No. 32500292) for an initial term of one year from January 8, 2025, through January 7, 2026, with the option to extend for four consecutive one-year periods ending January 7, 2030, for a total contract amount not to exceed $1,000,000 for backfill and resurfacing material sales, delivery and haul away services.
(Public Works and Transportation Committee approved 3-0 on December 10, 2024.)

BACKGROUND
The City of Oxnard’s Water Division is responsible for the transmission and distribution of potable and recycled water to City customers. Over 20 million gallons per day of safe and reliable water is delivered to customers. The City's water system includes: ten water wells, five connections from the United Water Conservation District’s Oxnard-Hueneme Pipeline system, one connection from the Calleguas Municipal Water District’s water system, one desalter facility, six blending stations, and over 500 miles of transmission and distribution pipelines.

The City’s 500 miles of transmission and distribution pipelines periodically require infrastructure repairs to fix water main breaks, service leaks and maintenance services. The ability to order backfill, resurfacing materials and haul-away services are critical to restore the road surfaces back to their original state after water infrastructure repairs. Some examples of backfill and resurfacing materials are rock, blended fill sand, class II base, and asphalt cold patch. Some examples of haul-away services include the transportation of materials such as concrete, concrete mixed with reinforcement, asphalt, asphalt and petromat, and clay to a certified landfill.

DISCUSSION
On September 30, 2024, the Purchasing Division on behalf of the Water Division published Request for Bid (RFB) PW 24-108 for Backfill and Resurfacing Material Sales, Delivery and Haul Away Services. Several potential vendors were directly notified of the RFB as well as being published on www.PublicPurchase.com and the City’s Purchasing website.

Bid submissions were due by October 14, 2024, with only one submission received from Commodity Trucking Acquisition LLC dba Tri-County Transportation (Tri-County).

Tri-County meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.

The City has a current purchase order with Tri-County, with a not-to-exceed value of $270,000 over three years, for 578
delivery and haul-away services for backfill and resurfacing materials which is set to expire on December 31, 2024. TriCounty has been providing these services since September 2021 and has proven to be a reliable vendor.

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 of this Agreement with Commodity Trucking Acquisition LLC dba Tri-County Transportation shall not exceed $1,000,000 through January 7, 2030, if extended all years. The funding for this fiscal year is included in the Adopted Year 2024-25 Budget from the Water Operating Fund (601). Subsequent fiscal year allocations will be requested during the annual budget process.

Estimated Spending Plan for
Commodity Trucking Acquisition LLC dbaTri-County Transportation Account Number FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 TOTAL 6013600-53200 $100,000 $200,000 $200,000 $200,000 $200,000 $100,000 $1,000,000

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on December 10, 2024 to approve the staff recommendation and to forward the item for Council approval. Updates have been made to the agreement since the Committee date to reflect updated signature blocks for the Mayor and City Clerk.

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500292
579

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND

COMMODITY TRUCKING ACQUISITION, LLC

DBA TRI-COUNTY TRANSPORTATION
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Commodity Trucking Acquisition, LLC dba Tri-County Transportation (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. This Agreement is to provide backfill and resurfacing material sales, delivery and haul away

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Commodity Trucking Acquisition, LLC dba Tri-County Transportation (“SERVICE PROVIDER”), a LLC of the State of California, located at 555 Sandy Circle, Oxnard, California 93036

3. TERM OF AGREEMENT: From (Date): January 8, 2025 To (Date): January 7, 2026

3.1 Time is of the essence in this Agreement.

3.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

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

4. AGREEMENT AMOUNT NOT TO EXCEED: $1,000,000.

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-I 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: Chris Peyton Name: Mike Marietta
Title: 251 South Hayes Ave. Title: Purchasing Officer
Phone: 805-385-8111 Phone: 805-432-2092
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):

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

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

8. SERVICE PROVIDER'S SERVICES.

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

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

9. COMPENSATION.

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

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

10. PAYMENT & INVOICES.

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

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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 conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

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

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

11. OPTION TO EXTEND AGREEMENT.

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

12. MODIFICATION OF AGREEMENT.

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

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13. TERMINATION OF AGREEMENT.

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

14. INDEPENDENT CONTRACTOR

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

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

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

15. LAWFUL PERFORMANCE.

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

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of Agreement No. 32500292 Page 5 of 32
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this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

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

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

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

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

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

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

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement No. 32500292 Page 6 of 32
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Agreement 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 of 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. 32500292 Page 7 of 32
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PROVIDER'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 SERVICE 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. 32500292 Page 8 of 32
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employees, 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 any 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 established. 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. 32500292 Page 9 of 32
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representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employeremployee 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. 32500292 Page 10 of 32
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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
SERVICE 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.

Agreement No. 32500292 Page 11 of 32
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29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.

CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the 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 agreedupon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. 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 Agreement No. 32500292 Page 12 of 32
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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 3 years 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.

Agreement No. 32500292 Page 13 of 32
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37. SEVERABILITY.

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

38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the 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 Agreement No. 32500292 Page 14 of 32
593
and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. 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. 32500292 Page 15 of 32
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD COMMODITY TRUCKING

ACQUISITION, LLC

DBA TRI-COUNTY TRANSPORTATION
Date Mike Marietta, Date
Purchasing Agent/Manager
☐Luis Mc Arthur, Mayor1
☐Jennifer Yates, 2
Purchasing Manager
Jeff Gillespie, Date
General Manager3
ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

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

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

Agreement No. 32500292 Page 16 of 32
595

EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Commodity Trucking Acquisition, LLC dba Tri-County Transportation)

SCOPE OF SERVICES

CITY PROJECT MANAGER FOR THIS AGREEMENT: Joe Camacho / 805-385-8131 / [email protected]
Service Provider shall provide Haul Away Services and Backfill and Resurfacing Materials. Service Provider shall haul away concrete, asphalt, cold mix, and dirt. There may be occasions that the materials being hauled away could be separated or mixed together. Deliveries and hauling away of material will be at the City of Oxnard Water Division located at 251 S. Hayes Avenue, Oxnard, California 93030. Some emergencies may require on-site job delivery locations such as on roads and sidewalks within the City of Oxnard. Material orders will consist of 12-ton minimums. Service Provider must have access to Class A dump trucks capable of hauling 12 tons or more. Water Division staff will have machinery available to load the materials onto the dump truck.

Agreement No. 32500292 Page 17 of 32
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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Commodity Trucking Acquisition LLC
dba Tri-County Transportation )

SCHEDULE OF COMPENSATION

Rates for Haul Away Services
Item Material Type Unit Type Price Per Unit
(including Fuel
Surcharge &
Delivery
Charge)
*Other Fees
(MUST LIST
BELOW)
Total
1 Clean Concrete
(30” minus)
Per Hour $145.00 $Dump Fees $145.00
2 Reinforced Concrete
(30" minus)
Per Hour $145.00 $ $145.00
3 Oversized Concrete Per Hour $145.00 $ $145.00
4 Concrete with Wire Per Hour $145.00 $ $145.00
5 Clean Asphalt Per Hour $145.00 $ $145.00
6 Asphalt with Petromat Per Hour $145.00 $ $145.00
7 Concrete & AC Mixed
(Clean)
Per Hour $145.00 $ $145.00
8 Rocky/Sandy Dirt Per Hour $145.00 $ $145.00
9 Silty Dirt Per Hour $145.00 $ $145.00
10 Clayey Dirt Per Hour $145.00 $ $145.00
11 Dirt mixed with AC
(asphalt concrete) or
PCC (plain cement
concrete)
Per Hour $145.00 $ $145.00
12 Dirt Rock AC (asphalt
concrete) and PCC (plain
cement concrete)
Per Hour $145.00 $ $145.00
13 Dirt Mixed with Brick Per Hour $145.00 $Dump Fees $145.00 *List Other Fees:

Dump fees are unknown, dump fees will vary depending on the type of material hauled.

Agreement No. 32500292 Page 18 of 32
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Rates for Backfill & Resurfacing Materials
Item Description Unit
Type
Price per Ton Delivery Charge *Other Fees
(MUST LIST
BELOW)
Total
1 Asphalt Cold Mix Per Ton $162.50 $13.80 $0.00 $176.30 2 Blended Fill Sand
(SRM100 or equal)
Per Ton $17.75 $14.62 $0.00 $32.37
3 Concrete Mix 50/50 Per Ton $29.50 $14.62 $0.00 $44.12 4 Certified Class II
Base
Per Ton $20.00 $12.60 $0.00 $32.60
5 ¾” Rock Per Ton $36.00 $14.62 $0.00 $50.62
6 1” Rock Per Ton $36.00 $14.62 $0.00 $50.62
*List Other Fees:

Agreement No. 32500292 Page 19 of 32
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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Commodity Trucking Acquisition, LLC dba Tri-County Transportation)

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-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor 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 sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project 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. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Vendor 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-I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences.

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

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

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

Agreement No. 32500292 Page 20 of 32
599

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

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 11/24
Agreement No. 32500292 Page 21 of 32
600

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 commercial general liability and business 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-I.doc
Agreement No. 32500292 Page 22 of 32
601
SAMPL

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ 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

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
Agreement No. 32500292 Page 23 of 32
602

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

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/24 INS-I.doc
Agreement No. 32500292 Page 24 of 32
603

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS

COMMERCIAL AUTO POLICY

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

Name:

Address:

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

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

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Agreement No. 32500292 Page 25 of 32
604

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Commodity Trucking Acquisition LLC
Dba Tri-County Transportation)

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. 32500292 Page 26 of 32
605

CITY 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. 32500292 Page 27 of 32
606

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Commodity Trucking Acquisition LLC
dba Tri-County Transport )

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 amount 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 PROVIDER and each of its subcontractors Agreement No. 32500292 Page 28 of 32
607
shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER 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.

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 damages, Agreement No. 32500292 Page 29 of 32
608
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. 32500292 Page 30 of 32
609

EXHIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Commodity Trucking Acquisition LLC
dba Tri-County Transport )

IRAN CONTRACTING ACT CERTIFICATION
Agreement No. 32500292 Page 31 of 32
610

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 – 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): 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. 32500292 Page 32 of 32
611

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.10
DATE: January 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32500341 with Jaynes Brothers Construction, Inc. for the Wilson Park Playground Equipment Replacement Project (Rebid) Specification No. PW 20-53R.

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $305,119.11 in Project funds for the Wilson Park Playground Equipment Replacement Project (Rebid) Specification No. PW 20-53R;

2. The Mayor to Execute an Agreement with Jaynes Brothers Construction, Inc. in the amount of $254,267.11 and a Project contingency amount of $25,426 (~10%) for a total not to exceed value of $279,693.11 for the Project; and

3. A Project allocation amount of $25,426 (~10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

BACKGROUND
The existing playground equipment at Wilson Park has reached the end of its useful life and is in need of replacement.

The work under this Agreement includes demolition and disposal of existing playground equipment, concrete supports, curbs, and playground surfaces, and the installation of new pre-purchased playground and adult fitness equipment with new concrete supports, signage, new site furnishings, resilient surfaces and all other associated work.

The new playground and adult fitness equipment and resilient playground surfacing will provide increased ADA accessibility and enhance safety for children and adults in the community.

Capital Improvement Program (CIP) Reference:

Project No. C2239 – Playground Replacement - CIP 2025-2029 - Adopted June 4, 2024 – Page 81.

DISCUSSION
The work is tentatively scheduled to begin in early 2025 and be completed within 90 working days absent any delays due to supply chain issues, unforeseen site conditions or weather. Staff will work closely with the Wilson Neighborhood Council to keep them informed of the schedule and will also work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to the public as well.

This Project was originally bid out in June 2022 however all bids were rejected to allow for a revision to the scope of work and to adjust funding needs. The Notice Inviting Formal Bids (NIFB) for the rebid Project was published on 612
October 31, 2024, both online and in the local newspaper. Additionally, the NIFB was posted on multiple online platforms, including the City’s website, and distributed directly to potential contractors. All bids were due and opened on December 4, 2024. The City received the following bids however the bid from Pacific Tide Construction was determined to be non-responsive, for not meeting bid requirements, and was rejected.

Pacific Tide Construction: $245,255.38
Jaynes Brothers Construction, Inc.: $254,267.11
R.E. Schultz Construction, Inc.: $318,845.00
The lowest bidder is Jaynes Brothers Construction, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Jaynes Brothers Construction, Inc. and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Jaynes Brothers Construction, Inc.

In addition to the project award amount of $254,627.11, staff recommends authorizing $50,852 for the project, which includes $25,426 for project contingency (10% of the contract costs) and $25,426 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $305,119.11.

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
The total cost for this Project shall not exceed $305,119.11 which includes the construction agreement, contingency and project allocation. The Citywide Playground Replacements Project (C2239), which includes Wilson Park, is funded by the American Rescue Plan Act (ARPA) Fund (204) and the General Fund (101) with a project budget allocation of approximately $3.99M available in FY 2024-25 in the Capital Outlay Fund (301). In addition to the ARPA and General Funds available, the Wilson and Pleasant Valley Park Project (C2019) currently has a budget of $108,297 of available Community Block Development Grant funds that is recommended to be used towards the cost of the playground replacement.

The Playground Replacement Project (C2239) has several locations with active construction contract awards. Attached is a summary of those locations, including allocated funding amounts.

The ongoing maintenance cost for this new playground will have no new impacts to the Parks Division's Operating budget, in comparison to the annual operating costs for the previous playground.

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

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32500341 Jaynes Brothers Wilson Park PW 20-53R

2. C2239_Playgroud Replacement_Budget Tracking
613
Agreement No. 32500341
1 CONSTRUCTION CONTRACT FOR

WILSON PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT (REBID) SPECIFICATION NO. PW 20-53R

BY AND BETWEEN

THE CITY OF OXNARD
AND JAYNES BROTHERS CONSTRUCTION, INC.

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this day of , 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and JAYNES BROTHERS CONSTRUCTION, INC. (“Contractor”).

Contractor’s license number is 896407. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the City requires construction of the WILSON PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT (REBID) as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 20-53R (the “Project”); and
WHEREAS, on October 31, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on , the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

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

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contract Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:
614
Agreement No. 32500341
2 1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Bid Addenda issued by the City;

4. Notice Inviting Bids and Instructions to Bidders;

5. Special Provisions

6. General Provisions

7. Appendices

8. Bid Forms and attachments thereto (excluding documents submitted by the Bidder that were not requested in the bid package, i.e. specs/drawings);

9. Performance Bond;

10. Payment Bond.

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

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

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

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

E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the 615
Agreement No. 32500341
3 Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.

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

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

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

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

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

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

5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor TWO HUNDRED FIFTY FOUR THOUSAND TWO HUNDRED SIXTY SEVEN DOLLARS AND ELEVEN CENTS ($254,267.11), (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

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

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of ninety (90) Working Days, after the issuance of the Notice to Proceed.

The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion 616
Agreement No. 32500341
4 within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

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

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

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

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

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

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

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

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

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

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

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in nonbinding mediation or arbitration in which the Parties equally share the costs of any 617
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5 mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

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

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

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

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

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

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

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

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

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

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

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

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
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6 D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

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

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

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

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

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

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

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

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

B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:

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

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

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

10. PREVAILING WAGE
A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for 619
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7 holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD.

Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

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

10. C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

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

3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 620
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8 D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

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

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

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

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

2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

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

I. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
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9 11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of two hundred and fifty dollars ($250) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

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

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

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

15. FEDERAL GRANT CONTRACT PROVISIONS
Contractor acknowledges that the Project is being funded in full or in part with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA) and further acknowledges and agrees to the provisions in the “Federal Grant Contract Addendum” attached to this Contract as Exhibit “E” and incorporated by reference as if fully set forth herein. The “Master Grant Agreement” is attached to the Contract as Exhibit “F” and incorporated by reference as if fully set forth herein.

A. ACCESS TO RECORDS. (1) The Contractor agrees to provide the City of Oxnard, ARPA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the ARPA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Contract. (4) In compliance with the Disaster Recovery Act of 2018, the City of Oxnard and the Contractor acknowledge and agree that no language in this Contract is 622
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10 intended to prohibit audits or internal reviews by the ARPA Administrator or the Comptroller General of the United States.

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

C. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that ARPA financial assistance will be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal laws, regulations, executive orders, and ARPA policies, procedures, and directives.

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

E. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

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

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

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

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

2. Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or 623
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11 its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

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

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

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

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

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

19. CONFLICTS OF INTEREST
The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any 624
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12 matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”

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

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

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

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

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

B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that each Subcontractor shall comply with those provisions.

The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.

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

23. ENTIRE AGREEMENT
A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. 625
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13 B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.

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

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

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

TO CITY: Public Works Department
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030
TO CONTRACTOR: Jaynes Brothers Construction, Inc.
996 Lawrence Drive, Suite 201
Newbury Park, CA 91320

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

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

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

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14 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

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

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

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

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

32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City. 627
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15 33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

35. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

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

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

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

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

40. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be 628
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16 deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

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

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

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

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

CITY OF OXNARD JAYNES BROTHERS CONSTRUCTION, INC.

☐ Luis Mc Arthur, Mayor1 Date Chase Jaynes,2 Date
☐ Purchasing Agent President and CFO

ATTEST:

Lourdes A. López, Date
City Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen Fischer Date
City Attorney

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

If the company has a different structure, or if the above‐listed persons are not the appropriate signers, please submit to the City Attorney legally‐ binding documentation stating who can sign and bind your company. 630
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18 EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-G: Insurance Requirements.

Exhibit C: [RESERVED]
Exhibit D: Small/Minority/Women’s business Enterprises and Labor Surplus Area Firm Outreach
Exhibit E: Federal Grant Contract Addendum
Exhibit F: Grant Master Agreement
Bonds
The corresponding exhibits and forms contained within follow. 631

EXHIBIT A

CONTRACTOR'S BID

PROPOSAL
632
633

EXHIBIT B
FORM INS-G : INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS (WITHOUT BUILDER’S

RISK REQUIREMENT)

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

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

3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager.

The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

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

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

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

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

Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 634

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

8. 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.

9. 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.
635

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

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

CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $
A WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

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

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

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
Rev. 1/23 INS-G.doc
636

GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the ACity@) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

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

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

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

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

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

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

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

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

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE 637
INS
FOR THE CITY OF OXNARD (the ACity@) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ w

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

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

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

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
638

EXHIBIT C
[RESERVED]
639

EXHIBIT D
640
641
642

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

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

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

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

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

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of 643
the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

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

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

4. Access to Records. (applies to all purchases.)
(A) The Contractor agrees to provide the City of Oxnard, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
644
(C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

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

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

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

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

8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or 645
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

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

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

10. Procurement of Recovered Materials: (Applies only if the work involves the use of materials)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. 646
(C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

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

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

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

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

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

647
648
649
650

EXHIBIT F

SECTION D

GRANT DOCUMENTS MASTER AGREEMENT
651

652
653
654
655
656
657
658
659
660
661
662
663

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as WILSON PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT (REBID) SPECIFICATION NO. PW 20-53R.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 664
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

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

Dated:
“Principal”
By:

Its:

(Seal)

“Surety”
By:

Its:

By:

Its
(Seal)
Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
665
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as WILSON PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT (REBID) SPECIFICATION NO. PW 20-53R.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the 666
Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:
“Principal”
By:

Its:

(Seal)

“Surety”
By:

Its:

By:

Its
(Seal)
Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
667
Playground Replacement Project C2239 Construction
Contract Award
Authorized
Contingency
ESPIM Authorized
Funding
Total Project
Value
Budget Balance
Starting Budget Balance $3,992,925.40
Dunkirk Park PW 24-113R
32500253
$126,793.00 $12,679.30 $12,679.30 $152,151.60 $3,840,773.80 Community Center Park West PW 25-51
32500320
$134,000.00 $13,400.00 $13,400.00 $160,800.00 $3,679,973.80 Marina West PW 24-13R ¹
32500251
$83,337.00 $21,853.00 $21,853.00 $127,043.00 $3,552,930.80 Brekke Park PW 24-115
32500293
$136,127.65 $13,613.00 $13,613.00 $163,353.65 $3,389,577.15 College Estates Park PW 24-126
32500303
$199,993.90 $20,000.00 $20,000.00 $239,993.90 $3,149,583.25 Fremont Tot Park PW 25-48
32500304
$321,850.00 $32,185.00 $32,185.00 $386,220.00 $2,763,363.25 Wilson Park PW 20-53R ²
32500341
$145,970.26 $25,426.00 $25,426.00 $196,822.26 $2,566,540.99 Carty Park PW 24-125
32500302
Pending Award
Ololkoy Beach Park PW 25-49R Out to Bid
¹ Partially funded by Project C1313 utilizing QUIMBY funds ² Partially funded by Project C2019 utilizing CDBG funds 668

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.11
DATE: January 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Annual Purchase Orders with Iteris, Inc., for Traffic Signal Equipment for the Intelligent Transportation Systems (ITS) Traffic Signal Improvements Project.

RECOMMENDATION
That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Iteris Inc., for a not-to-exceed amount of $500,000 for a term of three years through January 7, 2028, to purchase traffic signal equipment for the Intelligent Transportation Systems (ITS) Traffic Signal Improvements Project (M2208). (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

BACKGROUND
In 2008, the City developed the Intelligent Transportation Systems (ITS) Master Plan, which provided a road map to identify and prioritize a multitude of improvements to the transportation network including the deployment of ITS strategies throughout the City.

ITS is generally described as the deployment of technologies and the associated infrastructure that enable staff to perform real-time monitoring and the ability to change signal settings remotely. Once installed, the City’s ITS infrastructure enables Staff to monitor and connect to traffic equipment in the field from the City’s Traffic Management Center (TMC), which is located in the City of Oxnard Service Center. The ITS system can alert Staff of traffic signal malfunctions, provide real-time video of intersections, provide the number of vehicles, bicycles and pedestrians passing through intersections, and more.

The Traffic Engineering Division previously purchased video detection equipment from Iteris in 2022, valued at $437,953, as part of the Gonzales Road corridor upgrade.

Capital Improvement Program (CIP) Reference:

Project No. M2208, Intelligent Transportation Systems (ITS) Traffic Signal Improvements Project, CIP 2025-2029 - Adopted June 4, 2024, Page 113.

DISCUSSION
Real-time vehicle detection is a key component of an ITS system. This is performed through the use of video detection cameras, specifically designed for traffic signal systems. These cameras are mounted on traffic signal mast arms, connect to the traffic control cabinet located at the intersection using underground conduits, and through the use of fiberoptic cables can provide communication to the Traffic Engineers within the TMC.

As the Traffic Division delivers components of the ITS Master Plan, video detection is being installed at key intersections 669
Citywide. This may occur when intersections are modified with new turning movements, such as protected left turns, intersection modifications conditioned upon new development, or when paving projects are constructed. Installing video detection equipment prior to paving work is essential because, during construction, the existing in-ground detection wire loops, which are not compatible with ITS, are removed. If there is no video detection equipment in place and operational at this time, the intersection will not have vehicle detection ability until the cameras are installed. This lack of detection at the intersection, potentially on the order of weeks or months, leads to inefficient traffic flow and negatively impacts traffic operations.

Staff are proposing to purchase video detection equipment and the necessary components, which include video processors, traffic data processing, Liquid Crystal Display (LCD) cabinet monitors, and cables among others. This way, the equipment is ready when loops are removed or with other issues where a camera needs to be obtained quickly. Staff have selected Iteris, Inc. (Iteris) in accordance with the City’s Purchasing Ordinance, which allows direct purchases from a sole vendor capable of meeting City requirements. Iteris was the provider for the City’s most recent purchase of over 48 video detection cameras on Gonzales Road from Victoria Avenue to Solar Drive. Iteris will supply the same video detection equipment, which operates with proprietary firmware and software, ensuring seamless integration with the City’s existing ITS system. This compatibility is essential for efficient signal management and timely issue resolution.

The Iteris equipment quote of $30,292 per intersection is guaranteed for a term of three (3) years. By negotiating directly with Iteris through a Purchase Order, the City maximizes its purchasing power, securing discounts upfront and reducing costs. Furthermore, when unforeseen conditions arise, this Purchase Order will provide rapid access to the specialized equipment, minimizing downtime and preventing disruptions to traffic flow.

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

FINANCIAL IMPACT
The total cost for the equipment Purchase Orders with Iteris, Inc. shall not exceed $500,000 for a term of three years.

While use of this Purchase Order may be utilized by other CIP projects, with available funding, that incorporate traffic signal detection components, such as the Citywide Arterial Paving Project, the primary use will be for the Traffic Signal Equipment for the Intelligent Transportation Systems (ITS) Traffic Signal Improvements Project (M2208), which is funded by the American Rescue Plan Act (ARPA) Lost Public Sector Revenue (Fund 320) and has an available project budget balance of $610,000.

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

Prepared by: Morgan Kessler, City Engineer, Kawkeb Said, Senior Engineer

ATTACHMENTS

1. Cost Estimate Typical Intersection

2. Sole source letter Iteris
670



 






 




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673

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.1
DATE: January 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Intelligent Transportation System (ITS) Update. (20 minutes)

RECOMMENDATION
That the City Council receive a presentation on the Intelligent Transportation System. (Public Works and Transportation Committee approved 3-0 on November 12, 2024.) (Presentation will be live upon consultant's request.)

BACKGROUND
In 2008, the City developed the Intelligent Transportation Systems Master Plan, which provided a road map to identify and prioritize a multitude of improvements to the transportation network including the deployment of Intelligent Transportation System (ITS) strategies throughout the City. These improvements focus on transportation system infrastructure that enhances mobility and safety for the public within the City.

DISCUSSION
This report is intended to inform City Councilmembers regarding the City’s ITS program. The City’s on-call traffic engineering consultant and subject matter expert, Andrew Yi, Principal Engineer of LSY Inc. will provide a live presentation. ITS is generally described as the deployment of technologies and the associated infrastructure improvements that enable staff to perform real-time monitoring of circulation Citywide. The City’s ITS infrastructure can detect traffic signal malfunctions, collect data for number of vehicles, bicycles and pedestrians, and has the ability for remote access to the traffic signal system.

This report will provide information regarding the City’s ITS strategies, its technical capabilities, and infrastructure upgrades that have been or will be completed as part of the City’s Capital Improvement Program.

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
There is no direct financial impact in receiving the presentation.

COMMITTEE OUTCOME
674
The Public Works and Transportation Committee approved 3-0 on November 12, 2024 to forward the item to the City Council to receive and file.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Presentation
675

CITY OF OXNARD

INTELLIGENT TRANSPORTATION SYSTEMS (ITS)
& TRAFFIC SIGNAL OPERATION
presented by:

Andrew Yi, LSY Enterprise, Inc.

City Council
January 7, 2025
676
Intelligent Transportation Systems (ITS) &
Traffic Signal Operation
Andrew Yi, P.E., T.E.

Principal Engineer
LSY Enterprise, Inc.
677
WHAT IS ITS?
Intelligent Transportation Systems (ITS) – The TECHNOLOGIES that enable City Staff to MONITOR AND CONTROL traffic signal operation from a REMOTE LOCATION (Traffic Management Center) in REAL TIME. ● Real-time effective monitoring
● Detect traffic signal malfunctions and response
● Data collection (traffic/bicycle/pedestrian)
● Remote access to the traffic signal system
678

TRAFFIC MANAGEMENT CENTER
• Advanced Traffic Management System (ATMS)
• Video Management System
• Video Detection Cameras
• Closed Caption TV Cameras (CCTV)
• Battery Backup System
168 SIGNALIZED INTERSECTIONS
• 2070 OMNI Controllers (New)
• 170E Controllers (Old)

COMMUNICATION SYSTEM
• Fiber Optic cable
• Wireless Communications

CITY OF OXNARD ITS OVERVIEW
679

CAMERAS, VIDEO DETECTION, CCTV
680

TRAFFIC SIGNAL TIMING

INTERSECTION TIMING
• Pedestrian Time (crossing distance)
• Yellow Time (speed base)
• Red Time
• Minimum Green Time (bicycles)
• Traffic Signal Cycle Length
Oxnard Boulevard at Vineyard Avenue
681

TRAFFIC SIGNAL TIMING WORKSHEET
682

TRAFFIC SIGNAL TIMING PLAN
683

TRAFFIC SIGNAL TIMING

COORDINATED TIMING
• Coordinated intersection signal timing

CHALLENGES
• Must run on the same cycle length or one-half
• Must balance directional/crossing traffic the same cycle length • Approach traffic volumes are different
• Intersections are different sizes
684

TIME SPACE DIAGRAM
685
• Improved traffic flow
• Reduce the need for infrastructure improvements
• Reduce Greenhouse Gas Emission (GHG)
• Saving on fuel consumption
• Improve safety
• Improve driver experience
• Excellent Benefit Cost Ratio

BENEFITS OF SIGNAL TIMING
686
• Gonzales Road (Victoria Avenue to Rice Avenue - 4.5 miles) Completed 2023
• Rose Avenue (Lockwood Street to Pleasant Valley - 4.5 miles) Completed 2023

CITYWIDE ITS CORRIDORS
687
Ventura Road (Stone Creek Drive to Channel Islands - 4 miles) Completed June 2024

CITYWIDE ITS CORRIDORS
688
Oxnard Boulevard (Vineyard Avenue – Wooley Road - 2.5 miles) Completed August 2024

CITYWIDE ITS CORRIDORS
689
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.2
DATE: January 7, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Resolution for AD 2000-1 Improvement Fund Account Closeout and Budget Appropriation. (10 minutes)

RECOMMENDATION
That the City Council:

1. Authorize a budget appropriation in the amount of $16,500 within Special Districts account Fund 500, Subfund 50503801, for the cost of administering the Improvement Fund closeout and completing a final arbitrage rebate yield calculation; and

2. Adopt a resolution declaring a surplus, ordering disposition of the surplus within the Improvement Fund of Assessment District 2000-1(Oxnard Boulevard/Highway 101 Interchange project) to call bonds ahead of schedule, and approving the Closeout Report.
(Finance and Governance Committee approved 3-0 on December 10, 2024.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/PYcoM8WE8Oc

BACKGROUND
AD 2000-1 Oxnard Blvd/Hwy 101 Interchange is an Integrated Financing District (referred to as an Assessment District) formed under the California Streets and Highways Code Municipal Improvement Act of 1913 by the Oxnard City Council on December 19, 2000. The Bonds were issued on August 14, 2003, under the Improvement Bond Act of 1915. The District was formed for the purpose of financing the construction of the interchange improvements including an eightlane overcrossing to connect Oxnard Boulevard over U.S. Highway 101, northbound and southbound on and off ramps for U.S. Highway 101, widening of U.S. Highway 101, traffic signals, landscaping and irrigation, decorative lighting, railings, sidewalks, curbs and gutters, pedestrian and bicycle paths, and other appurtenant work.

This project was funded with the issuance of a limited obligation improvement bond in the total amount of $2,335,000.

This included specific funds deposited for the purpose of constructing these improvements in an “Improvement Fund” account with an original amount of $2,106,242.50. Construction of this interchange was completed in 2015. After completion, there was a remaining amount of $182,375.06 in the Improvement Fund Account that was authorized to be distributed in a manner consistent with the Bond Indenture and California Streets and Highways Code Section 10427.

DISCUSSION
After the completion of major infrastructure projects that were funded through bond proceeds, it is not uncommon for some unspent funding to remain within the improvement fund accounts. Typically, these fund accounts are closed out shortly after the completion of the project, so that they do not present the possibility of incurring arbitrage. Arbitrage is the act of making a profit by purchasing something at a lower price and selling it at a higher price. Therefore, arbitrage 691
rules exist to prevent municipalities from issuing bonds for the sole purpose of profit and investment opportunities.

The close-out of this fund can be performed in multiple ways. However, the recommended action of the City’s Finance and Governance Committee meeting that was held on December 10, 2024, is to proceed with Option #2 (see table below), to call the bonds to reduce the principal and interest and provide an annual levy credit. This staff report includes the information that was presented to the Finance and Governance Committee for full consideration by the City Council.

However, the attached report (Improvement Fund Closeout Analysis Report For: Assessment District No. 2000-1 (Oxnard Boulevard/Highway 101 Interchange), as prepared by NBS, only includes the information relevant to the Finance and Governance Committee recommended action. All figures presented in the NBS report are estimated, as they are based on necessary assumptions to generate the expected bond payoff amount and schedule. The following table of “Pros” and “Cons” details each option as presented to the Finance and Governance Committee.

OPTION PRO CON

1. Credit the assessment levy for
FY 2025-26
• FY 2025-26 assessment levy would be
reduced by approximately 93.5%. Property
owners in the district would only be
responsible for their share of approximately
$13,000 for FY 2025-26.
• Would allow for the earliest property owner
savings.
• Can fully commit all remaining funds
($182,375.06)
• FY 2025-26 assessment levy would be
substantially lower for only one year,
potentially misleading property
owners into believing future levy
amounts will be the same.
• Would not result in long-term
principal and interest savings.
• Would only provide a fiscal benefit to
property owners in FY 2024-25.

2. Call bonds to reduce the
principal and interest and provide
an annual levy credit (STAFF

AND F&G COMMITTEE

RECOMMENDED)
• Would reduce annual assessments with a
levy credit each year for the remaining life
of the bonds.
• Total savings to property owners estimated
at approximately $238,213 for the
remaining life of the bond.
• Can fully commit all remaining funds
($182,375.06)
• Would provide a benefit (savings) to the
greatest possible number of property
owners as savings would be realized every
year until the bond is paid.
• Would not result in highest long-term
principal and interest savings.

3. Call bonds to reduce the
principal and interest, levy in
excess, and perform annual bond
calls
• Would provide the greatest financial relief
only if they owned property the entire time
after the bond call until the bond is fully
paid (early).
• Would reduce the overall remaining life of
the bond by 1 to 2 years.
• Total savings to property owners estimated
at approximately $340,343.62.
• Can fully commit all remaining funds
($182,375.06)
• The annual assessment amounts
would remain the same.
• Savings would only be realized by
property owners who own at the time
of the final bond payment.
• Total savings would not be realized
for 7 to 8 years. (est.)
• Could incur additional administrative
expenses to perform annual bond
calls.

After discussion, the Finance and Governance Committee recommended only selecting Option 2 above. However, City Council has the authority to use multiple combinations of the three options for the disposition of the funds, but the impacts of the choices would be minimal while requiring additional time and resources of staff and consultants to formulate. Two example options have been provided below to inform the City Council of what can be recommended and how it may affect the District’s property owners.

1. Application of a 50% Improvement Fund surplus levy credit and a 50% surplus March 2025 bond call with no excess collections. - This option would include no excess collections in future years, resulting in an annual levy credit in the amount of the difference between the principal and interest to be billed from the original lien schedule, and the 692
principal and interest due based on the savings from the March 2025 bond call.

The levy in FY 2025-26 would be reduced to approximately 37% of the original principal and interest scheduled due to the levy credit and debt variance. Subsequent years would result in a levy reduced to an average of 90% of the annual principal and interest due from the original lien schedule. Total savings through FY 2032-33 would be approximately $212,413. All property owners between FY 2025-26 and the bond maturity would see some savings on their annual property tax bill. However, total savings would be less than if the entire amount was applied to the bond principal (Option 2 above).

2. Application of a 50% Improvement Fund surplus levy credit and a 50% surplus March 2025 bond call with excess collections. - This option would include excess collections in future years, allowing for additional annual bond calls and maximum savings over the life of the assessment. The accumulated overpayments would be used to call bonds ahead of schedule, resulting in an early retirement of the debt. Property owner savings would be realized in FY 2025-26 and in FY 2031-32, but levies between those times would remain the same as in previous years.

The levy in FY 2025-26 would be reduced to approximately 47% of the original principal and interest scheduled due to the one-time 50% surplus levy credit. Subsequent years would result in levies at 100% of the original scheduled principal and interest, except that the final year of assessment billing would occur in 2031, providing a final levy of approximately 63% of the originally scheduled lien amount, and 100% savings of the final scheduled lien amount due in 2032. Total savings through FY 2032-33 would be approximately $324,194. However, total savings would be less than if the entire amount was applied to the bond principal and if excess levies were applied (Option 3 above).

Due to the complexity of these combination options and their limited impact on overall savings in exchange for a limited single-year levy credit, staff did not recommend either of these to the Finance and Governance Committee over Option 2 as listed in the Recommendation.

Finally, this process is generally triggered after a Notice of Completion is issued at the end of the project. However, in this case, Caltrans was the lead agency responsible for the construction of the project. Caltrans completed the project in 2013 and via Relinquishment Agreement #07-4870, transferred portions of the improvements to the City. The Relinquishment Agreement does not mention the improvements funded by the bonds as specifically completed by Caltrans. However, it is inferred that the improvements were complete at the time the City acquired the “facilities” in 2013, which is why the City did not file a standard Notice of Completion.

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 estimated surplus in the Improvement Fund as of December 15, 2024, is projected to be $182,375.06 after costs associated with closeout have been paid and interest earnings accounted for. The financial impact of this closeout is dependent upon the action of the City Council and will be consistent with the results as detailed in the attached report (Attachment 1).

Impacts based on the F&G Committee recommendation in Assessment District Fund 500, Subfund 50503801:

Options Amount
Current Balance $182,375.06
Option 2- Call bonds to reduce the principal and interest and provide an annual levy credit -$165,875.06 Budget appropriation for $16,500 in Assessment District -$16,500 Balance $0
693

COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on December 10, 2024 to approve the staff recommendation with Option 2 and to forward the item for Council approval.

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

ATTACHMENTS

1. Resolution AD 2000-1 Improvement Fund Closeout

2. AD 2000-1 Improvement Fund Closeout Analysis Report Final

3. 2013-2-20 Highway 1 Relinquishment Agreement

4. 2022-4-6 Freeway Maintenance Agreement

5. Presentation
694

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA,

DECLARING A SURPLUS AND ORDERING DISPOSITION OF THE SURPLUS WITHIN THE IMPROVEMENT FUND OF ASSESSMENT DISTRICT 2000-1 (OXNARD BOULEVARD/HIGHWAY 101 INTERCHANGE), AND APPROVING THE CLOSEOUT REPORT
WHEREAS, the City Council of the City of Oxnard has, by prior resolutions, established Assessment District 2000-1 (Oxnard Boulevard/Highway 101 Interchange) for the purpose of funding Limited Obligation Improvement Bonds (the “Bonds”); and WHEREAS, the “Facilities” which the Bonds funded were declared completed, “in good repair,” and relinquished to the City from Caltrans via Relinquishment Agreement in 2013; and WHEREAS, there exists remaining funds in the Improvement Fund of the Bonds (the “Funds”); and
WHEREAS, there are no further improvements required to be funded with the Funds; and WHEREAS, pursuant to Section 10427 of the California Streets and Highways Code, the City may choose to call bonds with the Funds, thereby reducing outstanding assessments and subsequent assessment installments; and
WHEREAS, having considered the options available for the Funds, the City Council desires to declare a surplus within the Improvement Fund, close the Improvement Fund, and disburse all remaining funds within the Improvement Fund.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Declaration of Surplus. A surplus of funds is found to exist within the Improvement Fund of Assessment District 2000-1 (Oxnard Boulevard/Highway 101 Interchange).

2. Order of Disposition. In accordance with Section 10427 of the California Streets and Highways Code, the City Council hereby orders that all remaining funds, except those necessary for the enabling of this action, are used to call bonds ahead of schedule, thereby reducing outstanding assessments and subsequent assessment installments.

3. Approval of Closeout Report. The City Council approves the Improvement Fund Closeout Analysis Report For: Assessment District No. 2000-1 (Oxnard Boulevard/Highway 101 Interchange) as prepared by NBS.

4. Effective Date. This Resolution shall be effective immediately upon adoption. 695
Resolution No. ______
Resolution Declaring a Surplus and Ordering Disposition of the Surplus within the Improvement Fund of Assessment District 2000-1 (Oxnard Boulevard/Highway 101 Interchange), and Approving the Closeout Report

5. Certification. The City Clerk shall certify as to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.

PASSED, APPROVED AND ADOPTED on this 7th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
Luis Mc Arthur, Mayor
ATTEST:
___________________________________
Lourdes López, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
696
nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Improvement Fund Closeout Analysis Report For:

Assessment District No. 2000-1
(Oxnard Boulevard/Highway 101 Interchange)
697

TABLE OF CONTENTS

1. Executive Summary ........................................................................................................ 1

1.1 Assessment District AD 2000-1 ............................................................................... 1

1.2 The Bonds ................................................................................................................ 1

2. Funds Analysis ................................................................................................................ 3

3. Disposition of Improvement Funds ................................................................................. 4

3.1 California Streets and Highways Code Section 10427 ............................................ 4

3.2 Directed Surplus Disposition ................................................................................... 4

3.3 Top Owners by Assessment Lien ............................................................................. 5

4. Notice of Completion ...................................................................................................... 6

5. Resolution ...................................................................................................................... 7

6. Levy and Collection Summary ......................................................................................... 8 698
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 1

1. EXECUTIVE SUMMARY

1.1 Assessment District AD 2000-1
The City of Oxnard (the “City”) established Assessment District No. 2000-1 (Oxnard Boulevard/Highway 101 Interchange) (the “District”) in 2000 to finance freeway interchange improvements at Oxnard Boulevard.

The District is part of a coordinated financing solution to provide approximately $113.5 million of infrastructure improvements known as the Vineyard Avenue-Johnson Drive Freeway Improvement Project.

The improvements consist of the following four major components: (a) a new 12-lane bridge on Highway 101 over the Santa Clara River; (b) extra lanes to Highway 101 between Vineyard Avenue and Montalvo railroad spur crossing; (c) an elevated rail grade crossing at Johnson Drive; and (d) a freeway interchange at Oxnard Boulevard.

1.2 The Bonds
On August 14, 2003, the City issued its $2,335,000 Assessment District No. 2000-1 Limited Obligation Improvement Bonds (“the Bonds”) to finance a portion of the costs of certain freeway interchange and other road improvements of special benefit to property within the District, to pay the costs related to the issuance of the Bonds, and to make a deposit to the Reserve Fund for the Bonds. The complete description of authorized improvements is described in the Engineer’s report for the District dated December 2000.

The Bonds were issued pursuant to the Improvement Bond Act of 1915, being Division 10 of the California Streets and Highways Code (“the Act”) and are secured by the unpaid assessments within the District.

The Bonds are scheduled to mature on September 2, 2033. Ahead of the retirement of all debt, a surplus remains in the Improvement Fund. The City retained NBS to review and prepare a District Closeout Analysis Report (the “Closeout Report”) for the Improvement Fund. This Closeout Report summarizes the approved recommendation for the disposition of the remaining funds in accordance with applicable laws.

1.2.1 SURPLUS IMPROVEMENT FUNDS
Per Section 19 Part C of the Bond Indenture of the Bonds, once the improvements funded by the Bonds have been completed, but no sooner than August 14, 2005, any surplus shall be utilized or distributed in writing by the City and authorized by the Act. Following a review of the City’s Improvement Fund balance as of September 30, 2024, the remaining balance is to be declared as surplus funds and disposed of pursuant to Section 10427 of the Streets and Highways Code. The application of these funds, net of all expenses and anticipated costs, was determined by the recommendations of the City’s Finance and Governance Committee, and approved by the City Council.

1.2.2 DELINQUENCY
As a part of the closeout, NBS also conducted an analysis of the assessment payments to determine any District delinquencies. Per Ventura County’s property tax records, three property owners remain delinquent in the payment of the 2023/24 assessments for the District, for a total before penalties and fees of $798.58.
699
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 2

1.2.3 ARBITRAGE LIABILITY
Per the City’s 2024 arbitrage rebate yield liability calculation completed by NHA Advisors, no arbitrage rebate liability or yield restriction liability is due for the computation period of July 1, 2021 – June 30, 2024.

The City will require an additional computation for prior periods and the final computation period of July 1, 2024 – through fund closeout, which at this time is estimated to be December 15, 2024. The costs associated with the computation still required are shown in the Funds Analysis in Section 2 of this report.

Prior to any disposition of surplus improvement funds, a negative arbitrage rebate liability and negative yield restriction liability should be confirmed by the City based on the final computation report. If any liability is due, the City should transfer from the surplus improvement funds the amount of the liability to the Rebate Fund for immediate payment to the IRS. If remaining surplus funds exist, they may be used in the manner determined by the outcome of this Closeout Report and as approved by the City Council.

1.2.4 PROPERTY OWNER PREPAYMENTS
Per the City’s records, no property owners in the District have prepaid their assessment lien. 700
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 3

2. FUNDS ANALYSIS
The following table shows the fund analysis prepared for the District. The analysis reflects the September 30, 2024 Improvement Fund balance for the Bonds and the projected surplus balance for disposition.

Improvement Fund
Pursuant to Section 10427 of the California Streets and Highways Code
Improvement Fund Balance as of 09/30/2024 $198,863.28
Expenditures:

NBS Fee for Improvement Fund Closeout ($10,500.00)
NHA Fee for Final Improvement Fund Arbitrage Computation (6,000.00) Revenues:

Estimated Interest Earnings 10/1/2024 - 12/15/2024 $11.78 Ending Surplus Balance $182,375.06
Disposition of Surplus:

March 2025 Bond Call ($180,000.00)
Administrative Trustee/City Costs Associated with Bond Call (1) (2,375.06) Final Improvement Fund Balance $0.00
(1) Funds remaining in excess of administrative costs should remain in the Redemption Fund to pay debt service, cover delinquencies, or be used in a future bond call.
701
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 4

3. DISPOSITION OF IMPROVEMENT FUNDS

3.1 California Streets and Highways Code Section 10427
Pursuant to Section 10427 of the California Streets and Highways Code, “any surplus in the Improvement Fund shall be used for one or more of the following purposes:
(1) For transfer to the general fund of the city, provided that the amount transferred shall not exceed the lesser of one thousand dollars ($1,000) or five percent of the total amount expended from the Improvement Fund.
(2) As a credit upon the assessment and any supplemental assessment. (3) For maintenance of the improvement.
(4) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments.”

3.2 Directed Surplus Disposition
After consideration by the City’s Finance and Governance Committee and at the direction of the City Council, the surplus funds in the Improvement Fund shall be used to call bonds ahead of schedule. The surplus funds will be transferred to the Redemption Fund to be used in a bond call and pay administrative costs. The call will result in reduced debt service payments due. After the funds have been transferred to the Redemption Fund, the City shall close the Improvement Fund.

3.2.1 BOND CALL FINANCIAL IMPACT (WITH ANNUAL CREDITS)
The bond call shall be performed with surplus funds, and assessment revenues are not planned to be collected in excess of debt service payments. This allows property owners to receive annual savings by receiving an annual levy credit in the amount of the difference between the assessment liens on the property and the actual debt service due on the Bonds. The approximate savings by property owner lien amount through the maturity of the Bonds is estimated in the table below.

TABLE 2. BOND CALL WITH ANNUAL CREDITS POTENTIAL OWNER SAVINGS Lien % Range of Savings
Count of
Parcels Total Savings
< 0.25% < $500.00 329 $71,423.62

0.26 - 0.75 500.01 - 999.99 2 1,269.36

0.76- 2.99 1,000.00 - 4,999.99 7 19,692.97

3.00 - 6.49 5,000.00 - 14,999.99 9 87,612.26
> 6.50% > 15,000.00 3 58,215.15
Totals: 350 $238,213.36
702
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 5
The total property owner principal and interest savings is estimated to be $238,213 with a single bond call of $180,000 in March 2025 with annual levy credits. This option spreads savings to property owners over the remaining life of the Bonds.

3.3 Top Owners by Assessment Lien
For contextual purposes, the top owners in the District by assessment lien are listed in the table below.

These owners stand to receive the largest proportion of total savings from the bond call with annual levy credits.

TABLE 4. TOP DISTRICT PROPERTY OWNERS BY ASSESSMENT LIEN PERCENTAGE Owner Name
Percent of
Total Lien
OXNARD CRFL PARTNERS LLC 34.65%
CRFL FAMILY APARTMENTS LP 7.58%
WAGON WHEEL JUNCTION 15 LLC 7.51%
OXNARD TOWN SQUARE 12 LLC 5.23%
OXNARD TOWN SQUARE 13 LLC 5.09%
PK PLACE LLC 4.55%
MAYFAIR LLC 4.00%
Other 31.38%
Total: 100.00%
703
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 6

4. NOTICE OF COMPLETION
In 2013, the California Department of Transportation (“Caltrans”) and the City of Oxnard (the “City”) entered into an agreement by which the “facilities”, identified in part as the Highway 101 and Oxnard Boulevard interchange and its improvements, were relinquished to the City from Caltrans. The Relinquishment Agreement provides that the “facilities” were “in a state of good repair”, and the City holds that at that time, the improvements related to the Assessment District 2000-1 Bonds (the “Bonds”) had been completed in full. The City did not file a notice of completion of the improvements described in the Assessment Engineer’s report related to the Bonds, but declares them complete as of the execution of the Relinquishment Agreement with Caltrans.

704
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 7

5. RESOLUTION
The following pages contain the Resolution Declaring Surplus, Ordering Disposition of the Surplus, and Approving the Closeout Report to be passed by the City Council.

705
City of Oxnard
Assessment District No. 20001 (Oxnard Boulevard/Highway 101 Interchange) Improvement Fund Closeout Analysis Report 8

6. LEVY AND COLLECTION SUMMARY
The following pages provide a summary of the levies and collections for the District. 706
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ϭϮͬϭϬͬϮϬϬϱ Ψϵϭ͕ϯϳϱ͘ϰϲ Ψϵϭ͕ϯϳϱ͘ϰϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϬϲ Ψϵϭ͕ϯϳϱ͘ϰϲ Ψϵϭ͕ϯϳϱ͘ϰϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ ΨϭϴϮ͕ϳϱϬ͘ϵϮ ΨϭϴϮ͕ϳϱϬ͘ϵϮ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϬϲŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϬϲ ΨϵϮ͕ϱϳϭ͘ϮϬ ΨϵϮ͕ϱϳϭ͘ϮϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϬϳ ΨϵϮ͕ϱϳϭ͘ϮϬ ΨϵϮ͕ϱϳϭ͘ϮϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϱ͕ϭϰϮ͘ϰϬ Ψϭϴϱ͕ϭϰϮ͘ϰϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϬϳŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϬϳ Ψϴϵ͕ϳϵϴ͘ϳϲ Ψϴϵ͕ϳϵϴ͘ϳϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϬϴ Ψϴϵ͕ϳϵϴ͘ϳϲ Ψϴϵ͕ϳϵϴ͘ϳϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϳϵ͕ϱϵϳ͘ϱϮ Ψϭϳϵ͕ϱϵϳ͘ϱϮ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϬϴŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϬϴ ΨϵϬ͕ϲϰϱ͘ϰϱ ΨϵϬ͕ϲϰϱ͘ϰϱ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϬϵ ΨϵϬ͕ϲϰϱ͘ϰϱ ΨϵϬ͕ϲϰϱ͘ϰϱ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϭ͕ϮϵϬ͘ϵϬ Ψϭϴϭ͕ϮϵϬ͘ϵϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϬϵŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϬϵ ΨϵϮ͕ϵϮϵ͘ϵϰ ΨϵϮ͕ϵϮϵ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϬ ΨϵϮ͕ϵϮϵ͘ϵϰ ΨϵϮ͕ϵϮϵ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϱ͕ϴϱϵ͘ϴϴ Ψϭϴϱ͕ϴϱϵ͘ϴϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй WĂŐĞϭŽĨϰ ŽƉLJƌŝŐŚƚΞϮϬϭϮďLJE^ ϭϬͬϭϴͬϮϬϮϰϬϯ͗ϭϳ͗ϱϭWD 707
ŝƚLJŽĨKdžŶĂƌĚ
ĞůŝŶƋƵĞŶĐLJ^ƵŵŵĂƌLJZĞƉŽƌƚ
ƐŽĨ͗ϭϬͬϭϴͬϮϬϮϰ
ĞůŝŶƋƵĞŶƚ
ŵŽƵŶƚй
ŝůůĞĚ
/ŶƐƚĂůůŵĞŶƚƐ
WĂŝĚ
/ŶƐƚĂůůŵĞŶƚƐ
ĞůŝŶƋƵĞŶƚ
/ŶƐƚĂůůŵĞŶƚƐ
ĞůŝŶƋƵĞŶƚ
/ŶƐƚĂůůŵĞŶƚƐй ƵĞĂƚĞ ŝƐƚƌŝĐƚ
ŝůůĞĚ
ŵŽƵŶƚ
WĂŝĚ
ŵŽƵŶƚ
ĞůŝŶƋƵĞŶƚ
ŵŽƵŶƚ
ϮϬϬϬͲϭͲ͘͘ϮϬϬϬͲϭKdžŶĂƌĚůǀĚͬ,ŝŐŚǁĂLJϭϬϭ/ŶƚĞƌĐŚĂŶŐĞ ϬϴͬϬϭͬϮϬϭϬŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϬ Ψϵϭ͕ϴϮϯ͘Ϭϴ Ψϵϭ͕ϴϮϯ͘Ϭϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϭ Ψϵϭ͕ϴϮϯ͘Ϭϴ Ψϵϭ͕ϴϮϯ͘Ϭϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϯ͕ϲϰϲ͘ϭϲ Ψϭϴϯ͕ϲϰϲ͘ϭϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϭŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϭ ΨϵϮ͕ϭϳϯ͘ϵϰ ΨϵϮ͕ϭϳϯ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϮ ΨϵϮ͕ϭϳϯ͘ϵϰ ΨϵϮ͕ϭϳϯ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϰ͕ϯϰϳ͘ϴϴ Ψϭϴϰ͕ϯϰϳ͘ϴϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϮŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϮ ΨϵϬ͕ϵϴϰ͘ϱϰ ΨϵϬ͕ϵϴϰ͘ϱϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϯ ΨϵϬ͕ϵϴϰ͘ϱϰ ΨϵϬ͕ϵϴϰ͘ϱϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϮ ϮϮ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϭ͕ϵϲϵ͘Ϭϴ Ψϭϴϭ͕ϵϲϵ͘Ϭϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϰ ϰϰ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϯŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϯ Ψϵϭ͕ϰϵϰ͘ϰϱ Ψϵϭ͕ϰϵϰ͘ϰϱ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϰ Ψϵϭ͕ϰϵϰ͘ϰϱ Ψϵϭ͕ϰϵϰ͘ϰϱ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ ΨϭϴϮ͕ϵϴϴ͘ϵϬ ΨϭϴϮ͕ϵϴϴ͘ϵϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϲϬ ϲϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϰŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϰ ΨϵϬ͕Ϭϲϭ͘ϵϰ ΨϵϬ͕Ϭϲϭ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϱ ΨϵϬ͕Ϭϲϭ͘ϵϰ ΨϵϬ͕Ϭϲϭ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ ΨϭϴϬ͕ϭϮϯ͘ϴϴ ΨϭϴϬ͕ϭϮϯ͘ϴϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϲϬ ϲϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϱŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϱ Ψϵϭ͕Ϭϴϭ͘ϯϵ Ψϵϭ͕Ϭϴϭ͘ϯϵ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϲ Ψϵϭ͕Ϭϴϭ͘ϯϵ Ψϵϭ͕Ϭϴϭ͘ϯϵ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ ΨϭϴϮ͕ϭϲϮ͘ϳϴ ΨϭϴϮ͕ϭϲϮ͘ϳϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϲϬ ϲϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϲŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϲ Ψϴϵ͕ϵϬϴ͘ϵϬ Ψϴϵ͕ϵϬϴ͘ϵϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϳ Ψϴϵ͕ϵϬϴ͘ϵϬ Ψϴϵ͕ϵϬϴ͘ϵϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϬ ϯϬ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϳϵ͕ϴϭϳ͘ϴϬ Ψϭϳϵ͕ϴϭϳ͘ϴϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϲϬ ϲϬ Ϭ Ϭ͘ϬϬй WĂŐĞϮŽĨϰ ŽƉLJƌŝŐŚƚΞϮϬϭϮďLJE^ ϭϬͬϭϴͬϮϬϮϰϬϯ͗ϭϳ͗ϱϭWD 708
ŝƚLJŽĨKdžŶĂƌĚ
ĞůŝŶƋƵĞŶĐLJ^ƵŵŵĂƌLJZĞƉŽƌƚ
ƐŽĨ͗ϭϬͬϭϴͬϮϬϮϰ
ĞůŝŶƋƵĞŶƚ
ŵŽƵŶƚй
ŝůůĞĚ
/ŶƐƚĂůůŵĞŶƚƐ
WĂŝĚ
/ŶƐƚĂůůŵĞŶƚƐ
ĞůŝŶƋƵĞŶƚ
/ŶƐƚĂůůŵĞŶƚƐ
ĞůŝŶƋƵĞŶƚ
/ŶƐƚĂůůŵĞŶƚƐй ƵĞĂƚĞ ŝƐƚƌŝĐƚ
ŝůůĞĚ
ŵŽƵŶƚ
WĂŝĚ
ŵŽƵŶƚ
ĞůŝŶƋƵĞŶƚ
ŵŽƵŶƚ
ϮϬϬϬͲϭͲ͘͘ϮϬϬϬͲϭKdžŶĂƌĚůǀĚͬ,ŝŐŚǁĂLJϭϬϭ/ŶƚĞƌĐŚĂŶŐĞ ϬϴͬϬϭͬϮϬϭϳŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϳ ΨϵϬ͕ϯϲϵ͘ϰϳ ΨϵϬ͕ϯϲϵ͘ϰϳ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϬϬ ϭϬϬ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϴ ΨϵϬ͕ϯϲϵ͘ϰϳ ΨϵϬ͕ϯϲϵ͘ϰϳ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϬϬ ϭϬϬ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ ΨϭϴϬ͕ϳϯϴ͘ϵϰ ΨϭϴϬ͕ϳϯϴ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϮϬϬ ϮϬϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϴŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϴ ΨϵϬ͕ϵϳϱ͘ϳϬ ΨϵϬ͕ϵϳϱ͘ϳϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϳϱ ϭϳϱ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϭϵ ΨϵϬ͕ϵϳϱ͘ϳϬ ΨϵϬ͕ϵϳϱ͘ϳϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϳϱ ϭϳϱ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϭ͕ϵϱϭ͘ϰϬ Ψϭϴϭ͕ϵϱϭ͘ϰϬ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϱϬ ϯϱϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϭϵŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϭϵ ΨϵϮ͕ϲϬϬ͘Ϭϴ ΨϵϮ͕ϲϬϬ͘Ϭϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϳϱ ϭϳϱ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϮϬ ΨϵϮ͕ϲϬϬ͘Ϭϴ ΨϵϮ͕ϲϬϬ͘Ϭϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϳϱ ϭϳϱ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϱ͕ϮϬϬ͘ϭϲ Ψϭϴϱ͕ϮϬϬ͘ϭϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϱϬ ϯϱϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϮϬŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϮϬ ΨϵϮ͕ϵϰϱ͘ϯϴ ΨϵϮ͕ϵϰϱ͘ϯϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϵϵ ϭϵϵ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϮϭ ΨϵϮ͕ϵϰϱ͘ϯϴ ΨϵϮ͕ϵϰϱ͘ϯϴ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϭϵϵ ϭϵϵ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϱ͕ϴϵϬ͘ϳϲ Ψϭϴϱ͕ϴϵϬ͘ϳϲ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϯϵϴ ϯϵϴ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϮϭŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϮϭ ΨϵϮ͕ϳϲϲ͘Ϯϭ ΨϵϮ͕ϳϲϲ͘Ϯϭ ΨϬ͘ϬϬ Ϭ͘ϬϬй Ϯϯϱ Ϯϯϱ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϮϮ ΨϵϮ͕ϳϲϲ͘Ϯϭ ΨϵϮ͕ϳϲϲ͘Ϯϭ ΨϬ͘ϬϬ Ϭ͘ϬϬй Ϯϯϱ Ϯϯϱ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϱ͕ϱϯϮ͘ϰϮ Ψϭϴϱ͕ϱϯϮ͘ϰϮ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϰϳϬ ϰϳϬ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϮϮŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϮϮ ΨϵϮ͕ϳϭϭ͘ϰϳ ΨϵϮ͕ϳϭϭ͘ϰϳ ΨϬ͘ϬϬ Ϭ͘ϬϬй Ϯϲϵ Ϯϲϵ Ϭ Ϭ͘ϬϬйϬϰͬϭϬͬϮϬϮϯ ΨϵϮ͕ϳϭϭ͘ϰϳ ΨϵϮ͕ϳϭϭ͘ϰϳ ΨϬ͘ϬϬ Ϭ͘ϬϬй Ϯϲϵ Ϯϲϵ Ϭ Ϭ͘ϬϬй ^ƵďƚŽƚĂů͗ Ψϭϴϱ͕ϰϮϮ͘ϵϰ Ψϭϴϱ͕ϰϮϮ͘ϵϰ ΨϬ͘ϬϬ Ϭ͘ϬϬй ϱϯϴ ϱϯϴ Ϭ Ϭ͘ϬϬй ϬϴͬϬϭͬϮϬϮϯŝůůŝŶŐ͗
ϭϮͬϭϬͬϮϬϮϯ Ψϵϲ͕Ϯϯϳ͘ϳϱ Ψϵϱ͕ϴϯϴ͘ϰϲ Ψϯϵϵ͘Ϯϵ Ϭ͘ϰϭй ϯϮϲ ϯϮϯ ϯ Ϭ͘ϵϮйϬϰͬϭϬͬϮϬϮϰ Ψϵϲ͕Ϯϯϳ͘ϳϱ ϯϮϲ ^ƵďƚŽƚĂů͗ ΨϭϵϮ͕ϰϳϱ͘ϱϬ ϲϱϮ
WĂŐĞϯŽĨϰ ŽƉLJƌŝŐŚƚΞϮϬϭϮďLJE^ ϭϬͬϭϴͬϮϬϮϰϬϯ͗ϭϳ͗ϱϭWD 323 3 0.92%
$191,676.92 $798.58 0.41% 646 6 0.92%

0.41% $399.29 $95,838.46
709
ŝƚLJŽĨKdžŶĂƌĚ
ĞůŝŶƋƵĞŶĐLJ^ƵŵŵĂƌLJZĞƉŽƌƚ
ƐŽĨ͗ϭϬͬϭϴͬϮϬϮϰ
ĞůŝŶƋƵĞŶƚ
ŵŽƵŶƚй
ŝůůĞĚ
/ŶƐƚĂůůŵĞŶƚƐ
WĂŝĚ
/ŶƐƚĂůůŵĞŶƚƐ
ĞůŝŶƋƵĞŶƚ
/ŶƐƚĂůůŵĞŶƚƐ
ĞůŝŶƋƵĞŶƚ
/ŶƐƚĂůůŵĞŶƚƐй ƵĞĂƚĞ ŝƐƚƌŝĐƚ
ŝůůĞĚ
ŵŽƵŶƚ
WĂŝĚ
ŵŽƵŶƚ
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724
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW

FREEWAY MAINTENANCE AGREEMENT
WITH

CITY OF OXNARD
THIS AGREEMENT is made effective this __ day of _____ , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Oxnard; hereinafter referred to as "CITY" and collectively referred to as "PARTIES".

SECTION I

RECITALS

1. On February 3, 1969, March 10, 1970, January 26, 1971 Freeway Agreements were executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SR) 1, 34, and 101, declared a freeway, within the jurisdictional limits of the CITY.

2. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits.

3. There are existing Freeway Maintenance Agreements, with CITY dated; July 18, 2006 and March 3, 2009. This Agreement is meant to replace or supersede the earlier Freeway Maintenance Agreements.

NOW THEREFORE IT IS AGREED:

SECTION II

AGREEMENT

1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES on July 18, 2006 and March 3, 2009.

2. Pursuant to Section 5 of the Freeway Agreements, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other ST ATE constructed local roads, except for any portion which is adopted by STA TE as a part of the freeway proper.

3. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 1 6th April 22
725
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW

4. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that attached hereto, Exhibit A and B and made a part hereof by this reference.

5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES' maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A and B by a mutual written-execution of each of the exhibits.

6. CITY must obtain the necessary Encroachment Permits from STATE's District 07 Encroachment Permit Office prior to entering STATE right of way to perform CITY's maintenance responsibilities. This permit will be issued at no cost to CITY.

7. VEHICULAR OVERCROSSINGS

7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system ( and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, fibers, etc.) that may be required for the benefit or control of traffic using that overcrossing.

7.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by ST A TE, screening shall be placed on ST A TE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense.

8. PEDESTRIAN/BICYCLE OVERCROSSINGS (non-vehicular) constructed as a permitted encroachment within STATE's right of way. CITY is solely responsible for, but not limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities, graffiti removal, sweeping and debris removal, signing, and striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle use along the entire length of the structure and the public use of the ST A TE highway beneath, by providing structure inspection, and structure maintenance.

9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS

9.1. CITY will maintain the CITY paved roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities, and fiber 2 726
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
that may be required for the benefit or control of traffic using that undercrossing.
9 .2 CITY will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway ( except when said modifications are made by ST ATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way.

10.WALLS, SOUNDWALLS, AND COLUMNS - CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.

11. LANDSCAPED AREAS CITY /COUNTY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.

12.INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.

13.ELECTRICALL Y OPERATED TRAFFIC CONTROL DEVICES

13.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges and at ramp connections to CITY streets and roads of SR 1, 34, 101 shall be shared by the PARTIES through an "Electrical Cost Sharing Agreement". There is an existing "Agreement of Sharing Cost for State Highway Electrical Facilities with the State of California" dated; August 1, 1986.

13.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE.

14.BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE's right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the 3 727
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

15.CITY is solely responsible to inspect and maintain the entire structure of flood wall/berm and flood protection system constructed as permitted encroachments over and near old Wagon Wheel, including but not limited to, landscape and irrigation, drainage devices and fencing, and slope stabilization. CITY is responsible to keep the flood wall and berm free of dirt and graffiti.

16.LEGAL RELATIONS AND RESPONSIBILITIES

16.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STA TE highways and local facilities different from the standard of care imposed by law.

16.2. Neither CITY 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 STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their 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 condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

16.3. Neither STA TE 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 CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STA TE 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 condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

17.PREVAILING WAGES:

17.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(0) ( 1) definition of a "public works" in that it is construction, alteration, demolition, 4 728
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

17.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720( a) ( 1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

17.3. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming ST A TE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter ("Letter of Self-Insurance"), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the Agreement location as depicted in EXHIBIT A. CITY shall deliver to STA TF. the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

17.4. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY 's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the ST A TE that shall be delivered to the STATE with a signed copy of this Agreement.

18. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

19. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
5 729
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
PARTIES are empowered by Streets and Highways Code Section 1 14 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF OXNARD
Initiated and Approved
By:� citynager
ATTEST
�
By:�ityClerk �
By:�·
City Attorney

STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION
By:--------­
6 Godson Okereke
Deputy District Director
Maintenance District 7
730

EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road( s) and facilities)
7 731
LEGEND•

CITY'S JURISDICTION LINITS
VENTURA Rd UC
BRIDGE No. 52 04 99
OXNARD BI vd QC
BRIDGE No. 52 0188
� i:5,c'f} ,j� .:,;{ __ � ,0
&,!,,_
"--'"'--
:,]O
c;-1."--
1/0"
RICE Ave OC
VINEYARD Blvd QC
BRIDGE No. 52 0454
ROSE Ave OC
BRIDGE No. 52 0438
DIST
07 PLEASANT VALLEY Rd QC
BRIDGE No. 52 0443
st
..,
� I
__
COUN�Y OF
--�NTURA
g1 CITY OF OXNARD
ROUTE 1
COUNTY
VEN
ROUTE
1 j 34 j 1 01
RICE Ave QC
BRIDGE No. 52 04 56
61;':: >-Z ;---::, -o uu

POST MILES SHEET I TOTAL
No. SHEETS
VARIES
DEL NORTE Blvd OC
BRIDGE No. 52 0271
� ED GiiiZ

TITLE SHEET

EXHIBIT II A
II

NO SCALE
9 732
LEGEND•
.. CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE

STATE'S RIGHT OF WAY LIMITS

DIST I COUNTY
07 I VEN

VENTURA ROAD UNDERCROSSING
BRIDGE NUMBER 52 0499
ROUTE
101

POST MILES

23. 7

SHEET I TOTAL
No. SHEETS
7 I 9
EXHIBIT "A"

NO SCALE
733
LEGEND:
.. CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE

STATE'S RIGHT OF WAY LIMITS

DIST I COUNTY
07 I VEN
ROUTE 101

OXNARD BOULEVARD OVERCROSSING
BRIDGE NUMBER 52 0188
ROUTE
101

POST MILES

22.0 \

SHEET I TOTAL
No. SHEETS
6 I 9
EXHIBIT "A"

NO SCALE
734
LEGEND:
- CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE

STATE'S RIGHT OF WAY LIMITS

DIST I COUNTY
07 I LA

VINEYARD AVENUE OVERCROSSING
BRIDGE NUMBER 52 0454
ROUTE
1 01

POST MILES
21 .98

SHEET I TOTAL
No. SHEETS
5 I 9
�
EXHIBIT "A"

NO SCALE
735
LEGEND:
- CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE
1 1 1 1 1 I I I STATE'S RIGHT OF WAY LIMITS

ROSE AVENUE OVERCROSSING
BRIDGE NUMBER 52 0438

DIST I COUNTY ROUTE
07 VEN 101

POST MILES
21 001

SHEET I TOTAL
No. SHEETS
4 9
EXHIBIT "A"

NO SCALE
736
LEGEND•
- CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE
1 1 1 1 1 1 1 1 STATE'S RIGHT OF WAY LIMITS
ROUTE 101
r ........ .

RICE AVENUE OVERCROSSING
BRIDGE NUMBER 52 0456

DIST COUNTY ROUTE
07 VEN 101

POST MILES
20008

SHEET I TOTAL
No. SHEETS
3 I 9
I I l I I I I I\ I\ I\ I\ I I I I I I\ I\ I 11 I I I I I I I Ii l I I I I l I I I I I I I I I I! I I

EXHIBIT II A
II

NO SCALE
737
LEGEND:
- CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE

STATE'S RIGHT OF WAY LIMITS
DIST
07 COUNTY
VEN

ROUTE POST MILES
101 19.1 7

SHEET I TOTAL
No. SHEETS
2 I 9
ROUTE 101
�'" "'"" ' " '

DEL NORTE BOULEVARD OVERCROSSING
BRIDGE NUMBER 52 0271
EXHIBIT "A II

NO SCALE
738
LEGEND:
- CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE

STATE'S RIGHT OF WAY LIMITS

CITY'S JURISDICTION LINITS

DIST COUNTY ROUTE
07 VEN 34

POST MILES

6.4 SHEET I TOTAL
No. SHEETS
8 9
llllllllllllllllllllllllll/111111111111111 1111 Jlllllllllllllll/1

RICE AVENUE OVERCROSSING
EXHIBIT "A"

NO SCALE
739
LEGEND•
- CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSE

STATE'S RIGHT OF WAY LIMITS

DIST I COUNTY ROUTE
07 VEN
�

PLEASANT VALLEY ROAD OVERCROSSING
BRIDGE NUMBER 52 0443

POST MILES
1 5.01
�

SHEET I TOTAL
No. SHEETS
9 9
EXHIBIT "A"

NO SCALE
740

EXHIBITB
(Letter of Certificate of City of Oxnard Statement of Selflnsurance) California Department of Transportation
100 South Main Street, MS 03
Los Angeles, CA 90012 March 1, 2022
ATTN: Godson Okereke, Deputy District Director, Maintenance RE: Statement of Selflnsurance for the City ofOxnard (CITY) Related to Freeway Maintenance Agreement with State of California Department of Transportation ("STATE") for the maintenance responsibilities ofCITY within STATE's right ofway alongHighway 1, 34, 101.

Dear Mr. Okereke,
The purpose ofthis letter is to certify that the CITY is self-insured and self-funded covering thirdparty claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers' compensation claims and has received the consent ofthe State Department oflndustrialRelations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 17.3 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

Ifyou need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,
Betsy George,
Chief Financial Officer
City of Oxnard
741
Resolution for AD 2000-1 Improvement Fund
Account Closeout and Budget Appropriation.

City Council
January 7, 2025
Anthony Miller
Special Districts Manager
742
RECOMMENDATION 2
That the City Council approve and authorize:

1. Authorize a budget appropriation in the amount of $16,500 within Special Districts account Fund 500, Subfund 50503801, for the cost of administering the Improvement Fund closeout and completing a final arbitrage rebate yield calculation; and

2. Adopt a resolution declaring a surplus, ordering disposition of the surplus within the Improvement Fund of Assessment District 2000-1(Oxnard Boulevard/Highway 101 Interchange project) to call bonds ahead of schedule, and approving the Closeout Report.
743

BACKGROUND
• AD 2000-1 Oxnard Blvd/Hwy 101 Interchange is an Integrated Financing District (referred to as an Assessment District) formed under the California Streets and Highways Code
Municipal Improvement Act of 1913 by the Oxnard City Council on December 19, 2000. The Bonds were issued on August 14, 2003, under the Improvement Bond Act of 1915.
3 744

BACKGROUND
• The District was formed for the purpose of financing the construction of the interchange improvements including an eight-lane overcrossing to connect Oxnard Boulevard over U.S.

Highway 101, northbound and southbound on and off ramps for U.S. Highway 101, widening of U.S. Highway 101, traffic signals, landscaping and irrigation, decorative lighting, railings, sidewalks, curbs and gutters, pedestrian and bicycle paths, and other appurtenant work.
4 745

BACKGROUND
• This project was funded with the issuance of a limited obligation improvement bond in the total amount of $2,335,000. This included specific funds deposited for the purpose of
constructing these improvements in an “Improvement Fund” account with an original amount of $2,106,242.50.
• Construction of this interchange was completed in 2015. After completion, there was a remaining amount of $182,375.06 in the Improvement Fund Account that was authorized to be
distributed in a manner consistent with the Bond Indenture and California Streets and Highways Code Section 10427.
5 746

DISCUSSION
• After the completion of major infrastructure projects that were funded through bond proceeds, it is not uncommon for some unspent funding to remain within the improvement fund
accounts. Typically, these fund accounts are closed out shortly after the completion of the project, so that they do not present the possibility of incurring arbitrage.
• Arbitrage is the act of making a profit by purchasing something at a lower price and selling it at a higher price. Therefore, arbitrage rules exist to prevent municipalities from issuing bonds for the sole purpose of profit and investment opportunities. 6 747

DISCUSSION
• The close-out of this fund can be performed in multiple ways.

However, the recommended action of the City’s Finance and Governance Committee meeting that was held on December
10, 2024, is to proceed with Option #2 (discussed below), to call the bonds to reduce the principal and interest and provide an annual levy credit.
• This staff report includes the information that was presented to the Finance and Governance Committee for full consideration by the City Council. However, the attached report as prepared by NBS, only includes the information relevant to the Finance and Governance Committee recommended action.
7 748

DISCUSSION
• All figures presented in the NBS report are estimated, as they are based on necessary assumptions to generate the expected bond payoff amount and schedule. The following table of “Pros” and “Cons” details each option as presented to the Finance and Governance Committee.
8 749

DISCUSSION
Option 1- Credit the assessment levy for FY 2025-26
• Pro
• FY 2025-26 assessment levy would be reduced by approximately 93.5%. Property owners in the district would only be responsible for their share of approximately $13,000 for FY 2025-26.
• Would allow for the earliest property owner savings.
• Can fully commit all remaining funds ($182,375.06)
• Con
• FY 2025-26 assessment levy would be substantially lower for only one year, potentially misleading property owners into believing future levy amounts will be the same.
• Would not result in long-term principal and interest savings. • Would only provide a fiscal benefit to property owners in FY 2024-25. 9 750

DISCUSSION
Option 2- Call bonds to reduce the principal and interest and provide an annual levy credit (STAFF AND F&G COMMITTEE

RECOMMENDED)
• Pro
• Would reduce annual assessments with a levy credit each year for the remaining life of the bonds.
• Total savings to property owners estimated at approximately $238,213 for the remaining life of the bond.
• Can fully commit all remaining funds ($182,375.06)
• Would provide a benefit (savings) to the greatest possible number of property owners as savings would be realized every year until the bond is paid. • Con
• Would not result in highest long-term principal and interest savings. 10 751

DISCUSSION
Option 3- Call bonds to reduce the principal and interest, levy in excess, and perform annual bond calls
• Pro
• Would provide the greatest financial relief only if they owned the property the entire time after the bond call until the bond is fully paid (early). • Would reduce the overall remaining life of the bond by 1 to 2 years. • Total savings to property owners estimated at approximately $340,343.62. • Can fully commit all remaining funds ($182,375.06)
• Con
• The annual assessment amounts would remain the same.
• Savings would only be realized by property owners who own at the time of the final bond payment.
• Total savings would not be realized for 7 to 8 years. (est.) • Could incur additional administrative expenses to perform annual bond calls 11 752

DISCUSSION
• After discussion, the Finance and Governance Committee recommended only selecting Option 2 above. However, City Council has the authority to use multiple combinations of the three options for the disposition of the funds, but the impacts of the choices would be minimal while requiring additional time and resources of staff and consultants to formulate.
• Two example options have been provided below to inform the City Council of what can be recommended and how it may
affect the District’s property owners.
12 753

DISCUSSION

1. Application of a 50% Improvement Fund surplus levy credit and a 50% surplus March 2025 bond call with no excess collections. - This option would include no excess collections in future years, resulting in an annual levy credit in the amount of the difference between the principal and interest to be billed from the original lien schedule, and the principal and interest due based on the savings from the March 2025 bond call.

The levy in FY 2025-26 would be reduced to approximately 37% of the original principal and interest scheduled due to the levy credit and debt variance. Subsequent years would result in a levy reduced to an average of 90% of the annual principal and interest due from the original lien schedule. Total savings through FY 2032-33 would be approximately $212,413. All property owners between FY 2025-26 and the bond maturity would see some savings on their annual property tax bill. However, total savings would be less than if the entire amount was applied to the bond principal (Option 2 above).
13 754

DISCUSSION

2. Application of a 50% Improvement Fund surplus levy credit and a 50% surplus March 2025 bond call with excess collections. - This option would include excess collections in future years, allowing for additional annual bond calls and maximum savings over the life of the assessment. The accumulated overpayments would be used to call bonds ahead of schedule, resulting in an early retirement of the debt. Property owner savings would be realized in FY 2025-26 and in FY 2031-32, but levies between those times would remain the same as in previous years.

The levy in FY 2025-26 would be reduced to approximately 47% of the original principal and interest scheduled due to the one-time 50% surplus levy credit.

Subsequent years would result in levies at 100% of the original scheduled principal and interest, except that the final year of assessment billing would occur in 2031, providing a final levy of approximately 63% of the originally scheduled lien amount, and 100% savings of the final scheduled lien amount due in 2032. Total savings through FY 2032-33 would be approximately $324,194. However, total savings would be less than if the entire amount was applied to the bond principal and if excess levies were applied (Option 3 above).
14 755

DISCUSSION
• Due to the complexity of these combination options and their limited impact on overall savings in exchange for a limited single-year levy credit, staff did not recommend either of these to the Finance and Governance Committee over Option 2 as listed in the Recommendation.
• Finally, this process is generally triggered after a Notice of Completion is issued at the end of the project. However, in this case, Caltrans was the lead agency responsible for the
construction of the project. Caltrans completed the project in 2013 and via Relinquishment Agreement #07-4870, transferred portions of the improvements to the City.
15 756

DISCUSSION
The Relinquishment Agreement does not mention the
improvements funded by the bonds as specifically completed by Caltrans. However, it is inferred that the improvements were complete at the time the City acquired the “facilities” in 2013, which is why the City did not file a standard Notice of Completion.
16 757

FINANCIAL IMPACT
• The estimated surplus in the Improvement Fund as of December 15, 2024, is projected to be $182,375.06 after costs associated with closeout have been paid and interest earnings accounted for. The financial impact of this closeout is dependent upon the action of the City Council and will be consistent with the results as detailed in the attached report (Attachment 1). • Impacts based on the F&G Committee recommendation in Assessment District Fund 500, Subfund 50503801:
17 Options Amount
Current Balance $182,375.06
Option 2- Call bonds to reduce the principal and interest and provide an annual levy credit
-$165,875.06
Budget appropriation for $16,500 in Assessment District -$16,500 Balance $0
758

QUESTIONS
759

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.3
DATE: January 7, 2025
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Consideration of Request by Councilman Starr to Eliminate the City Council Committee Structure

RECOMMENDATION
That the City Council:

1. Discuss the request by Councilman Starr to eliminate the City Council Committee structure; and

2. Determine if it wishes to direct staff to bring back an ordinance repealing Oxnard City Code Section 2-1.1 regarding the establishment of City Council Committees.

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

BACKGROUND
At the special City Council meeting of December 11, 2024, Councilman Starr requested that staff agendize an item on the City Council agenda to consider the elimination of the City Council committees by repealing Oxnard City Code Section Section 2-1.1
While such an item would normally first be considered by the Finance and Governance Committee, the City Council Procedures Manual allows, at the discretion of the Mayor and Mayor Pro Tem, for the item to bypass committee and be presented to the City Council for consideration at the next meeting if the need for action requires the item to be considered sooner. The Mayor and Mayor Pro Tem authorized Councilman Starr’s request to place an item regarding the elimination of the City Council committees on the January 7, 2025 City Council agenda.

Discussion
The formal City Council Committee structure was created effective January 2019 in response to the expansion of the City Council from a Mayor plus four at-large Councilmembers to a Mayor plus six Councilmembers elected from districts. The Committee structure allows City business to be vetted more thoroughly and deeply, with each Committee handling a specific set of topics.

Each Council Committee is composed of three members, with each Committee taking formal votes and forwarding its recommendations to the full Council for formal action on the consent agenda, unless the item is a new expenditure of more than $1 million or an item is known to be significant to the community. Any Councilmember or the Mayor has the right to pull any consent agenda item for further discussion.

Not every item of business goes through the committee process. Examples include payment to vendors for projects already approved by Council, acceptance of grant awards, presentations from outside agencies and annual updates. The Council also has the option of sending specific items to or back to committees for further vetting. Attached are the 760
original staff report and powerpoint from October 2018 outlining the rationale for the Council Committee structure.

The specific provision of the Oxnard City Code that Councilmember Starr proposes to eliminate provides as follows:
“SEC. 2-1.1. ESTABLISHMENT OF CITY COUNCIL COMMITTEES.
(A) The following city council committees shall consist of three city council members per committee, appointed by the mayor and approved by at least four city councilmembers:
(1) The finance and governance committee;
(2) The public works and transportation committee;
(3) The community services, public safety, housing & economic development committee. (B) Regular city council committee meetings- Unless otherwise approved by city council action, the city council committees shall conduct regular meetings on the second and fourth Tuesdays of every month in the city council chambers at 305 West Third Street at a time set by resolution of the city council. (C) The city council shall adopt bylaws for each committee setting forth the powers and duties of the city council committees established in this section.”

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: Alexander Nguyen, City Manager

ATTACHMENTS

1. City Council Committee Structure 10.23.2018

2. City Council Committee Structure Presentation 10.23.2018 761
DATE: October 23, 2018
TO: City Council
Housing Authority
FROM: Alexander Nguyen
City Manager
SUBJECT: City Council Committee Structure (10/20/10)
CONTACT: Alexander Nguyen, City Manager
[email protected], 805-385-7430
RECOMMENDATION:

1. That City Council approve the first reading by title only and waive further reading of an ordinance amending Chapter 2 Article I Section 2-1 and adding Section 2-1.1 to the City Code regarding the regular Council meeting schedule and establishing City Council committees; and

2. That the Housing Authority adopt a resolution establishing the Housing Authority as a nine member body and repealing Resolution No. 1291.

BACKGROUND
The City of Oxnard is changing from a Mayor plus four Councilmembers-at-large model to a Mayor-at-large plus six district-elected Councilmembers model, after the November 2018 election. To prepare for this transition, the administration must make changes to the process by which the City conducts its business in order to be efficient, effective, and timely.

DISCUSSION
The City must conduct a large volume of business throughout the year. Under the current system all non-administrative City business is conducted at the City Council meetings which can lead to, very appropriately, long deliberation on many items. This tends to lead to late nights which often cause some items to be rushed or delayed. With the addition of two Councilmembers, there will be more discussion and deliberation which would require more time.

CITY COUNCIL

AGENDA REPORT
TYPE OF ITEM: Report
AGENDA ITEM NO.: 2
B.2
Packet Pg. 18
762
City Council Committee Structure (10/20/10)
October 23, 2018