Agenda packet — Oxnard City Council, February 4, 2025 (part 1 of 5)

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.gov.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)

AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street February 4, 2025
Closed Session - 4:30 PM
Regular Meeting - 6:00 PM

Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 884 5055 5207

3. Passcode: 477757

If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.GOV.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request. 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 4, 2025 PAGE 2

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

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

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City and Housing Authority in one potential case.

Legislative Body: City Council and Oxnard Housing Authority Board of Commissioners

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

Name of case: Dean Basler v. City of Oxnard
Ventura County Superior Court, Case No. 56-2019-00537598-CU-PA-VTA Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Resolution Commending Clark Owens for Eight Years of Exemplary Service as a Senior Services Commissioner.

2. SUBJECT: Presentation of a Proclamation Designating the Month of February, 2025 as "Black History Month."

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 4, 2025 PAGE 3

subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

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

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Minutes of the Oxnard City Council and Oxnard Housing Authority.

RECOMMENDATION: That the City Council approve the regular meeting minutes of Oxnard City Council for January 7, 2025.

That the Housing Authority Board of Commissioners approve the regular meeting minutes of December 17, 2024.

Legislative Body: City Council and Housing Authority
Contact: Luly Lopez, (805) 385-7805

2. Housing Department
SUBJECT: Second Amendment to Agreement 9880-23-HO with EJP Consulting Group, LLC for HUD Choice Neighborhoods Planning Grant Consulting Services.

RECOMMENDATION: That the Housing Authority Board of Commissioners approve and authorize the Housing Director or designee to execute the Second Amendment to Agreement Number 9880-23-HO with EJP Consulting Group, LLC for the United States Department of Housing and Urban Development (HUD) Choice Neighborhoods Planning Grant Consulting Services to increase the not to exceed amount of the agreement from $74,713 to $758,674 and 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 4, 2025 PAGE 4

extend the expiration date from September 1, 2024 to March 31, 2027.

(This item did not originate in Committee because it is a continuation of an item previously approved by City Council.)
Legislative Body: Housing Authority
Contact: Brenda Lopez, (805) 385-8092

3. Public Works Department
SUBJECT: Public Project Agreement 32500358 with At Your Service Construction & Energy, Inc., for Restroom Improvement Project - College Estates Park, Specification No. PW 23-28.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $458,160 in Project funds for the Restroom Improvement Project - College Estates Park, Specification No. PW 23-28;

2. The Mayor to Execute an Agreement with At Your Service Construction & Energy, Inc. in the amount of $381,800 and a Project contingency amount of $38,180 (10%) for a total not to exceed contract value of $419,980 for the Project; and

3. A Project allocation amount of $38,180 (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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Trade Service Agreement 32500297 with County First Fire, LLC (dba County Fire Protection) for Fire Extinguisher Services, Specification No. PW 25-46.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with County First Fire, LLC (dba County Fire Protection) for a two-year term from February 5, 2025 to February 4, 2027, for a total contract amount not to exceed $200,000 for fire extinguisher services in various City facilities, vehicles, and equipment.

(As of the date of this City Council agenda being posted, there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department

SUBJECT: Public Project Agreement 32500337 with Langkilde’s Fire Protection Inc. for Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems, Specification No. PW 25-08R.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Langkilde’s Fire Protection Inc. for a three-year term for a total contract amount not to exceed $700,000 for maintenance, inspections, and minor repairs to fire suppression systems at City-owned facilities.

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 4, 2025 PAGE 5

6. Public Works Department
SUBJECT: Lease and License Agreement A-8566 with Oxnard Drainage District #1.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Lease and License Agreement with Oxnard Drainage District No. 1 for an initial term of five years with additional five-year extension term provisions.

7. Public Works Department
SUBJECT: Multiple Agreements for On-Call Professional Engineering Services for Water, Wastewater, and Recycled Water Systems.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of one year from February 5, 2025, to February 4, 2026, with an option for four consecutive one-year period extensions ending February 4, 2030, for on-call professional engineering services for Water, Wastewater, and Recycled Water Systems:

1. Agreement 32500306 AECOM Technical Services, Inc. for a total amount not to exceed $1,000,000;

2. Agreement 32500307 Brown & Caldwell for a total amount not to exceed $1,000,000;

3. Agreement 32500308 Carollo Engineers, Inc. for a total not-to-exceed amount of $1,000,000;

4. Agreement 32500309 Dudek for a total amount not to exceed $1,000,000;

5. Agreement 32500310 GHD, Inc. for a total amount not to exceed $1,000,000;

6. Agreement 32500311 Kennedy Jenks Consultants, Inc., for a total amount not to exceed $1,000,000;

7. Agreement 32500326 Michael K. Nunley & Associates, Inc. DBA MKN for a total amount not to exceed $1,000,000;

8. Agreement 32500328 MNS Engineers, Inc. for a total amount not to exceed $1,000,000;

9. Agreement 32500312 Stantec Consulting Services, Inc. for a total amount not to exceed $1,000,000; and

10. Agreement 32500313 Woodard & Curran for a total amount not to exceed $1,000,000.

8. Finance Department
SUBJECT: Monthly Investment Report as of December 31, 2024. 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 4, 2025 PAGE 6

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

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
L. ADJOURNMENT

6 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

COMMENDING CLARK OWENS FOR OVER EIGHT YEARS OF VOLUNTEER

SERVICE TO THE CITY OF OXNARD
WHEREAS, Clark Owens has provided over eight years of outstanding volunteer service to the City of Oxnard as a member of the Senior Services Commission; and WHEREAS, Clark Owens served two terms on the Senior Services Commission, which focuses on analyzing, defining and investigating issues and needs of Oxnard seniors, and recommends solutions for problems affecting them; and
WHEREAS, throughout his time on the CAG, Clark Owens worked on impactful projects including envisioning and supporting construction of a new state-of-the-art senior center, creating greater awareness of senior services within Oxnard and evaluating senior center programming as well as representing Oxnard seniors on the Ventura County Area Agency on Aging Advisory Council; and
WHEREAS, Clark Owens resides in the City of Oxnard and has developed countless positive relationships and partnerships with members of the community while volunteering in this position; and
NOW, THEREFORE, the City Council of the City of Oxnard resolves to commend, recognize, and extend its gratitude to Clark Owens for over eight years of dedicated volunteer service to the City of Oxnard. We extend our best wishes for continued success in all endeavors.

PASSED AND ADOPTED THIS ___th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Luis Mc Arthur, Mayor
ATTEST:

Lourdes A. López, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
7 (This page is intentionally blank.)

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: February 4, 2025

TO: City Council and Housing Authority

FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Minutes of the Oxnard City Council and Oxnard Housing Authority.

RECOMMENDATION

That the City Council approve the regular meeting minutes of Oxnard City Council for January 7, 2025.

That the Housing Authority Board of Commissioners approve the regular meeting minutes of December 17, 2024.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. City Council of January 7, 2025

2. Housing Authority minutes of December 17, 2024

8 AGENDA

OXNARD CITY COUNCIL
January 7, 2025
A. ROLL CALL, POSTING OF AGENDA
At 6:04 p.m., Mayor Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers concurrently with the Community Development Commission Successor Agency. Councilmembers Gabriela Basua; Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, December 26, 2024 at the Library, City Hall kiosk, City Administrative Offices and on the website. Staff members present were: Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Michael Wolfe, Public Works Director; Anthony Miller, Special Districts Manager; Adam Smith, Project Manager; and Lourdes A. López, City Clerk.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. OPENING CEREMONIES
The meeting opened with the pledge of allegiance to the flag of the United States led by Monserrat Sánchez, followed by a moment of silence in honor of President Jimmy Carter, the incident in New Orleans and Albert Duff, Sr.

C. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating January 20, 2025 as "Dr. Martin Luther King, Jr. Day."
DISCUSSION: Mayor Mc Arthur read the proclamation and presented to Dr. Vincent Stewart and LaRita Montgomery with the Ventura County Martin Luther King, Jr. Committee, who thanked the Council and made some remarks.

2. SUBJECT: Presentation of a Proclamation Designating January 11, 2025 as "Soroptimist Stop Human Trafficking and Sexual Slavery Awareness Day."
DISCUSSION: Mayor Mc Arthur read the proclamation and presented to Debbie Golhke, who thanked the Council and invited the public to attend the upcoming event.

D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Lang Martinez (homelessness); Ronald Arruejo (compensation for Planning Commissioners); Annabel Taylor (faith based non-profit); Alexis Schmidt (road issues); Doug Partello (landscape maintenance districts); Greg Runyon (unity among Council); Dan Pinedo (comment about the passing of Albert Duff, Sr. and rent control); Nathan Castillo (gathering for justice); Larry Barbarine (sunset of Measure O).

It was moved by Councilman Starr to suspend our rules to allow public speakers to continue, seconded by Councilmember Perello. VOTE: Councilmembers Basua, Mc Arthur, Perello, Perez, Rodriguez, Starr, and Teran voted in favor; motion passed 7-0.

Public comments were received regarding tenant landlord issues and rent control from: Maria Navarro; 9 OXNARD CITY COUNCIL PAGE 2
Francisco Valera; Margarita Gomez; Ricardo Bautista; Jesus Vasquez; Maria E; Leonides; Maria Marcial; Candelaria Tlache; Nerida Rodriguez; Martha Polanco; Emigdia Reyes; Lorena Flores; Karla Godinez Lopez; Eva Rosete; Odette Moran and Julie Pena.

E. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager stated that he will hire an attorney to address the rent control issues raised and provided an update on Standard and Poor’s recent credit rating improvement.

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

BUSINESS/COMMITTEE REPORTS

The members of the Council provided brief announcements regarding their various activities.

Councilman Starr requested that a closed session item be scheduled regarding the landscape maintenance district audit.

Mayor Mc Arthur requested that the following items be placed on the future agenda:

1. Process when a complaint is filed - Cuesta Del Mar – what is our responsibility?

2. Establishing a Council committee for the Historic District;

3. Report on the landscape maintenance districts;

4. Status of non-functioning pole lights on Oxnard Boulevard (center median between Gonzales Road and Colonia Road);

5. List of vacant commercial buildings in the south end of Oxnard;

6. Look at the possibility of installing solar lights in parks to allow for sports practice and revisit the Ordinance that prohibits usage of parks when it gets dark

7. Gateway signs on Oxnard Boulevard regarding our historical district RECESS
At 8:59 p.m., the City Council recessed and at 9:07 p.m., the City Council reconvened.

Councilwoman Perez requested that the following item be placed on the future agenda:

1. Letter to the District Attorney regarding the circumstances we heard tonight of their experiences (landlord issues).

G. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-10 were discussed among the Council and staff. Item I-1 (minutes of the City Council of December 17th) and Item I-4 were removed from the agenda.

H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA

Public comments were received from Manuel Herrera.

I. INFORMATION/CONSENT AGENDA

10 OXNARD CITY COUNCIL PAGE 3

1. City Clerk Department
SUBJECT: Minutes of the Regular Meetings of the Oxnard City Council for December 3 and 17, 2024; and Minutes of the Special Oxnard City Council for December 11, 2024.

RECOMMENDATION: That the City Council approve the minutes. *Minutes of the December 17, 2024 were removed from the agenda and will be rescheduled for the January 21, 2025 City Council meeting.

3. Finance Department
SUBJECT: Monthly Investment Report as of November 30, 2024.

RECOMMENDATION: This is an information item for the City Council to receive and file. (This item did not originate in a committee.)

4. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings.

RECOMMENDATION: That the City Council receive and file the update on the Financial Corrective Action Plan (FCAP) for closing past audit findings. (Finance and Governance Committee approved 3-0 on December 10, 2024) *Item was removed from the agenda and will be rescheduled for the January 21, 2025 City Council meeting.

5. Public Works Department

SUBJECT: Public Project Agreement 32500241 with Blackpointe Group Construction & Management Inc. for On-Call Fencing Minor Repair Services (Rebid #2), Specification No. SD 24- 130R2.

RECOMMENDATION: That the City Council approve and authorize an agreement with Blackpointe Group Construction & Management Inc. (Agreement No. 32500241) for a total amount not to exceed $600,000 for a two-year term for on-call fencing minor repair services. (Public Works and Transportation Committee approved 3-0 on November 26, 2024.)

6. Public Works Department
SUBJECT: P chase Order with Quinn for a Backhoe Loader fo Streets Maintena ce.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to approve a purchase order with Quinn for a not-to-exceed value of $204,678.35 for the purchase of a backhoe loader for Streets Maintenance.
(Public Works and Transportation Committee approved 3-0 on December 10, 2024.)

7. Public Works Department
SUBJECT: Annual Purchase Orders with Performance Nursery, Inc. for the Supply of Plant Material, Specification No. 25-12.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute Annual Purchase Orders with Performance Nursery, Inc. from December 18, 2024, through December 17, 2029, for a total not to exceed amount of $500,000 for the supply of plant material. 11 OXNARD CITY COUNCIL PAGE 4
(Public Works and Transportation Committee approved 3-0 on December 10, 2024.)

8. Public Works Department
SUBJECT: Agreement with Downstream Services, Inc. for Stormwater Filter Replacement and Maintenance Services, Specification No. PW 24-90.

RECOMMENDATION: That the City Council approve and authorize an Agreement with Downstream Services, Inc. (Agreement No. 32500236) for a term of one year from January 22, 2025, to January 21, 2026, for a total contract amount not to exceed $1,250,000 for stormwater filter replacement and maintenance services.
(Public Works and Transportation Committee approved 3-0 on December 10, 2024.)

9. Public Works Department
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.)

10. Public Works Department
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.)

11. Public Works Department
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 12 OXNARD CITY COUNCIL PAGE 5
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.)

At 9:52 p.m., the Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

Consent Items I1 –K11
It was moved by Mayor Pro Teran, seconded by Councilwoman Rodriguez, with the removal of Item I-1 (minutes of the City Council meeting of December 17, 2024) and Item I-4 (Financial Corrective Action Plan), to be reschedule for the January 21, 2025 City Council meeting, and approved the recommended action as presented.

VOTE: Councilmembers Perello, Perez, Rodriguez, Starr, Teran, Basua, and Mc Arthur voted in favor; motion passed 7-0.

J. REPORTS

1. Public Works Department
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.)

Michael Wolfe, Public Works Director introduce consultant Andrew Yi, P.E. with LSY Enterprise, Inc. who gave a brief overview of the Intelligent Transportation System.

ACTION: The report was received and filed, no formal action was required.

2. Public Works Department
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 Resolution No. 15,844 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.)

13 OXNARD CITY COUNCIL PAGE 6

Michael Wolfe, Public Works Director and Anthony Miller, Special Districts Manager were available to answer questions.

Public comment was received from Greg Runyon. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Teran, seconded by Councilwoman Basua, to approve the recommended action. Councilman Starr made an amendment to the motion for option 1. The motion did not receive a second.

VOTE: Councilmembers Perello, Perez, Rodriguez, Starr, Teran, Basua, and Mc Arthur voted in favor; motion passed 7-0.

3. City Manager Department
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.

DISCUSSION: Councilman Starr presented a packet with information regarding his request and stated that Committees were established in 2018 with the expectation that they would facilitate public engagement and allow staff to present multiple options for Council Committee members to refine. However, public participation has been minimal, and committee meetings often only handle routine "receive and file" items. Despite efforts to create structure through bylaws in December 2019, these rules have become outdated. For example, the shift from five committees to three in January 2021 was not adequately reflected in updated bylaws or ordinances.

Discussion ensued among the Council regarding the Committee structure and stated that in some cases, feedback was given to staff and the item did not move forward (i.e. outsourcing Business License and Carnegie Art Museum proposal.)
Public comments were received from: Doug Partello, Grey Runyon, Dan Pinedo, Manuel Herrera and Barbara Macri-Ortiz.

It was moved by Councilwoman Perez, seconded by Councilmember Perello, directing staff not to bring back to Council an ordinance to repeal the committee structure (keep the committee system).

Councilman Starr amended the motion to have City staff come back with a proposal to end the committee system. The motion did not receive a second.

VOTE: Councilmembers Teran, Basua, Mc Arthur, Perello, Perez, and Rodriguez voted in favor; motion passed 6-0-1 with Councilman Starr voting no.

Councilmembers requested that staff update the Committee bylaws.

4. City Manager Department
SUBJECT: City Council Committees
14 OXNARD CITY COUNCIL PAGE 7

RECOMMENDATION: That the City Council:

1. That the Mayor propose the appointment of the membership for each of the three City Council Committees; and

2. That the City Council consider the approval of the proposed appointments to each of the three City Council Committees.

DISCUSSION: The Mayor stated that he reviewed Ordinance No. 2949 and Resolution No. 15,286 which states that the terms of a committee member is two years. Discussion ensued among the Council and staff.

Public comments were received from: Greg Runyon, Doug Partello, Manuel Herrera, and Ronald Arruejo.

It was moved by Mayor Mc Arthur, seconded by Councilmember Perello, to organize the committee meetings in the following orders: 1. Finance & Governance Committee at 5:00 p.m.; 2. Public Works & Transportation Committee at 6:45 p.m.; and 3. Community Services, Public Safety, Housing & Development at 8:30 p.m.

VOTE: Councilmembers Teran, Basua, Mc Arthur, Perello, Perez, Rodriguez, and Starr voted in favor; motion passed 7-0.

DISCUSSION: The Mayor made the following appointments and stated that he will be the Chair for all three Committees.

It was moved by Mayor Mc Arthur, seconded by Councilman Starr, to approve the following appointments:

Finance & Governance Committee: 5:00 – 6:30 p.m.

Chair Mc Arthur and members Rodriguez and Starr
Public Works & Transportation Committee: 6:45 – 8:15 p.m.

Chair Mc Arthur and members Basua and Teran
Community Services, Public Safety, Housing & Development: 8:30 – 10:00 p.m.

Chair Mc Arthur and members Perello and Perez
VOTE: Councilmembers Basua, Mc Arthur, Perello, Perez, Rodriguez, Starr, and Teran voted in favor; motion passed 7-0.

5. City Clerk Department
SUBJECT: Appointments of Councilmembers to Serve on Various Boards, Commissions, and Committees.

RECOMMENDATION: 1. That the Mayor, with approval of the City Council, appoint members and alternates from the City Council to the:
a) Association of Water Agencies for Ventura County (one primary and alternate); b) Beach Erosion Authority for Control of Operation & Nourishment (BEACON) (one primary and alternate);
c) Clean Power Alliance Board of Directors (one primary and two alternates);* d) Economic Development Collaborative - Ventura County (one primary); 15 OXNARD CITY COUNCIL PAGE 8
e) Gold Coast Transit District (one primary and alternate); f) Las Cortes Housing Development corporation (two primary); g) Oxnard Convention & Visitors Bureau (one primary and alternate); h) Regional Defense Partnership for the 21st Century (one primary and alternate); i) Ventura Council of Governments (one primary and alternate); j) Ventura County Animal Regulation Commission (one primary and alternate); k) Ventura County Regional Energy Alliance (one primary and alternate); l) Ventura County Transportation Commission (one primary) m) Ventura Regional Sanitation District (one primary and alternate); *Alternate may be a staff member

2. That the City Council, as a whole, appoint two Councilmembers to the Oxnard Airport Authority and one Councilmember as an alternate.

Mayor Mc Arthur open the floor for nominations to the various Board and Commissions and made the following appointments:
a) Association of Water Agencies for Ventura County (one primary and alternate); member Councilwoman Basua; and alternate member Councilman Starr b) Beach Erosion Authority for Control of Operation & Nourishment (BEACON) (one primary and alternate); member Mayor Pro Tem Teran and alternate Councilwoman Perez c) Big Independent Cities Excess Pool Joint Powers Authority (one primary); member Councilmember Perello
d) Clean Power Alliance Board of Directors (one primary and two alternates);* member Councilmember Perello and alternate members: Mayor Pro Tem Teran and Kathleen Mallory e) Economic Development Collaborative - Ventura County (one primary); Mayor Mc Arthur f) Gold Coast Transit District (one primary and alternate); Councilwoman Rodriguez and alternate Mayor Mc Arthur
g) Las Cortes Housing Development corporation (two primary); members Councilwoman Basua and Councilmember Perello
h) Oxnard Convention & Visitors Bureau (one primary and alternate); Mayor Pro Tem Teran and alternate member Mayor Mc Arthur
i) Regional Defense Partnership for the 21st Century (one primary and alternate); member Councilwoman Basua and alternate member Councilwoman Rodriguez j) Ventura Council of Governments (one primary and alternate); member Councilmember Perello and alternate member Starr
k) Ventura County Air Pollution Control District – appointed Councilwoman Perez and later found out that the City Selection Committee makes this appointment l) Ventura County Animal Regulation Commission (one primary and alternate); member Councilwoman Rodriguez and alternate member Councilwoman Perez m) Ventura County Regional Energy Alliance (one primary and alternate); member Councilwoman Basua and alternate member Councilwoman Rodriguez
n) Ventura County Transportation Commission (one primary) member Mayor Mc Arthur o) Ventura Regional Sanitation District (one primary and alternate); member Perello and alternate member Councilwoman Basua

It was moved by Councilwoman Basua, seconded by Mayor Pro Tem Teran, to approve the recommended action as presented.
16 OXNARD CITY COUNCIL PAGE 9
VOTE: Councilmembers Starr, Teran, Basua, Mc Arthur, Perello, Perez, and Rodriguez voted in favor; motion passed 7-0

2. That the City Council, as a whole, appoint two Councilmembers to the Oxnard Airport Authority and one Councilmember as an alternate.

Appointed Mayor Pro Tem Teran and Councilmember Perello as the members and Councilwoman Rodriguez as the alternate member to the Oxnard Airport Authority.

It was moved by Mayor Mc Arthur, seconded by Councilwoman Rodriguez, to approve the recommended action as presented.

VOTE: Councilmembers Teran, Basua, Mc Arthur, Perello, Perez, Rodriguez and Starr voted in favor; motion passed 7-0
K. ADJOURNMENT
T here There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 2:11 a.m.

________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor
17 18
19 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: February 4, 2025

TO: Housing Authority

FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected]

SUBJECT: Second Amendment to Agreement 9880-23-HO with EJP Consulting Group, LLC for HUD Choice Neighborhoods Planning Grant Consulting Services.

RECOMMENDATION

That the Housing Authority Board of Commissioners approve and authorize the Housing Director or designee to execute the Second Amendment to Agreement Number 9880-23-HO with EJP Consulting Group, LLC for the United States Department of Housing and Urban Development (HUD) Choice Neighborhoods Planning Grant Consulting Services to increase the not to exceed amount of the agreement from $74,713 to $758,674 and extend the expiration date from September 1, 2024 to March 31, 2027.

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

BACKGROUND

The Choice Neighborhoods program leverages significant public and private dollars to support locally driven strategies that address struggling neighborhoods with distressed public housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and stakeholders, such as public housing authorities, cities, schools, police, business owners, nonprofits, and private developers, come together to create and implement a plan that revitalizes distressed public housing and addresses the challenges in the surrounding neighborhood. The program helps transform neighborhoods by revitalizing severely distressed public housing and catalyzing critical improvements in the neighborhood, including vacant property, housing, businesses, services and schools. The program offers two distinct funding opportunities: the Choice Neighborhoods Planning Grant and the Choice Neighborhoods Implementation Grant.

The Choice Neighborhoods Planning Grant program supports the development of a comprehensive Neighborhood Transformation Plan (NTP), which focuses on directing resources to address the program’s core goals of housing, people and neighborhoods. The NTP will become the guiding document for the revitalization of the public housing, while simultaneously directing the transformation of the surrounding neighborhood. Planning grant funding can be used to conduct studies, support outreach, identify best practices and prepare the Neighborhood Transformation Plan. Annually, HUD makes $10 million dollars available for Choice Neighborhood Planning Grants, with a maximum grant award of $500,000.

The Choice Neighborhoods Implementation Grant program supports those communities that have undergone a comprehensive local planning process and are ready to implement their NTP. Implementation grant funds can be used to construct affordable housing, acquire sites for redevelopment, provide supportive services, partner with employers and non-profit organizations to create jobs and job training programs and support activities that create sustainable communities.

Annually, HUD makes $256 million dollars available for Choice Neighborhood Implementation Grants, with a maximum grant award of $50 million.

20 To prepare for a Choice Neighborhood Planning Grant submission, staff issued a Request for Proposals (RFP) in July of 2023, requesting consulting and grant writing services. The RFP specifically requested cost proposals for three distinct phases of work: 1) Phase 1: conduct a feasibility analysis to determine the neighborhood that would be most competitive for a Choice Neighborhoods Planning Grant, 2) Phase 2: prepare and submit a Choice Neighborhoods Planning Grant application and 3) Phase 3: if awarded a Choice Neighborhoods Planning Grant, prepare the required NTP. Staff received two proposals, one from COLLABO, LLC and the other from EJP, LLC (EJP). EJP was selected based on their vast experience in planning and redevelopment of public housing, robust staff and comprehensive proposal. EJP is a full- service consulting firm, that are nationally recognized experts in the Choice Neighborhoods Program.

On February 1, 2024, the Oxnard Housing Authority entered into Agreement 9880-23 HO (agreement) with EJP to conduct Phase 1 of the RFP in an amount not to exceed $24,740 (Attachment 1). In March of 2024, EJP met with Housing staff, toured the La Colonia and South Oxnard public housing sites, and assessed the area's competitiveness for a Choice Neighborhoods Planning Grant. Based on their evaluation, EJP recommended submitting a Planning Grant application for La Colonia and four surrounding Central Oxnard neighborhoods (Fremont South, Wilson, Hobson Park East, and Five Points Northeast). A map of the planning area is attached (Attachment 2). This accomplished the Phase 1 scope of work identified in the agreement.

On March 27, 2024, staff executed amendment 1 to the agreement to incorporate Phase 2 of the City’s RFP into the scope of work (Attachment 3). This increased the not to exceed contracted amount from $24,740 to $49,973, extended the term from March 31, 2024 to September 11, 2024.

On May 21, 2024, the City Council and the Board of Commissioners of the Housing Authority approved a partnership between the City of Oxnard and the Housing Authority to apply for the FY 24 Choice Neighborhoods Planning Grants Notice of Funding Opportunity (NOFO), with the Housing Authority serving as the lead applicant. The City Council and the Board of Commissioners also authorized the use of $250,000 in CDBG funds and $250,000 in Housing Authority Central Funds as matching funds for the Choice Neighborhood Planning Grant. The application was successfully submitted on June 6, 2024. This accomplished the Phase 2 scope of work as identified in the agreement.

On September 9, 2024, staff received notification from HUD that the City of Oxnard and the Housing Authority were awarded a Choice Neighborhoods Planning Grant in the amount of $500,000. A copy of the award letter is attached. (Attachment 4).

On October 1, 2024, the City Council and the Board of Commissioners authorized the City Manager and the Housing Authority Executive Director to execute the Choice Neighborhoods Planning Grant Agreement in the amount of $500,000. A copy of the HUD Grant Agreement is attached to this staff report. Additionally, the City Council authorized an appropriation of $250,000 from the General Fund to provide the remaining matching funds necessary to complete the NTP, which is estimated to cost $1,250,000.

DISCUSSION

EJP has successfully completed Phases 1 and 2 as identified in the City’s RFP. Now that the City and Housing Authority have been awarded the Choice Neighborhoods Planning Grant, staff will need to utilize the services described under Phase 3 of the RFP to complete the NTP.

Phase 3 requires EJP to facilitate all of the required elements of the NTP. This includes a comprehensive evaluation of the neighborhood, facilitation of the planning process, development of plans and the identification of creative financing and implementation approaches. The cost of this additional scope of work is $683,961 and will require increasing the not to exceed amount of the agreement from $74,713 to $758,674 and extending expiration date from September 1, 2024 to March 31, 2027. The increased cost will be paid with the Choice Neighborhood Planning Grant and matching funds already anticipated and approved for this project.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities. 21 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.

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

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

FINANCIAL IMPACT

No additional appropriations or funding is required for the requested action. The increased costs under the proposed Second Amendment totaling $683,961 will be funded as follows: $400,000 from the HUD Choice Neighborhoods Planning Grant received by the Housing Authority, $250,000 from the City's General Fund (101) and $33,961 in matching funds provided under the Housing Authority Central Fund. On October 1, 2024, the City Council approved the appropriation of $250,000 from the City's General Fund (101) available fund balance, and transfer of this amount to the Housing Authority.

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of an item previously approved by City Council.

Prepared by: Brenda Lopez, Interim Housing Director

ATTACHMENTS

1. Agreement 9880-23 HO

2. Planning Area Map

3. First Amendment to Agreement No. 9880-23-HO

4. Award Letter

5. Second Amendment to Agreement No. 9880-23-HO

22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
Choice Neighborhoods Planning Area Map
38 39
40 41
42 43
44 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

ASSISTANT SECRETARY FOR

PUBLIC AND INDIAN HOUSING

www.hud.gov espanol.hud.gov

September 6, 2024

Mr. Emilio Ramirez
Executive Director
Oxnard Housing Authority
435 South D St.

Oxnard, CA 93030-5918

Mr. Alexander Nguyen
City Manager
City of Oxnard
300 West 3rd St.

Oxnard, CA 93030-5918

Dear Mr. Ramirez and Mr. Nguyen:

Congratulations! We are pleased to inform you that Oxnard Housing and Authority and the City of Oxnard have been selected to receive a Fiscal Year (FY) 2024 Choice Neighborhoods Planning Grant in the amount of $500,000 to support the development of a comprehensive neighborhood Transformation Plan for the La Colonia and Central Oxnard neighborhood. The Department looks forward to working with you to accomplish the goals of this grant.

HUD received 42 applications for the FY 2024 Choice Neighborhoods Planning Grants competition from across the nation and awarded 13 grants totaling $6,500,000. We commend you for your efforts to develop a viable, feasible approach to plan for neighborhood transformation. For your information, enclosed are the scores for each rating factor in your application.

As you know, Planning Grants will enable communities to create a rigorously-developed plan and build the support necessary for neighborhood transformation to be successful. The implementation of a Choice Neighborhoods Planning Grant is a great responsibility. Accordingly, it will be essential for you to work closely with HUD officials to ensure that the Transformation Plan is developed in a timely and efficient manner. You will soon receive a letter that will provide you with detailed information about your grant.

Again, please accept our sincere congratulations. We wish you every success.

Sincerely,

Richard J. Monocchio
Principal Deputy Assistant Secretary
for Public and Indian Housing
Enclosure
45 46
i
FY 2024 Choice Neighborhoods Planning Grant Agreement

TABLE OF CONTENTS
ARTICLE I. Grant Award Date and Period of Performance ......................................................... 2 ARTICLE II. Choice Neighborhoods Requirements ..................................................................... 2 ARTICLE III. Program Overview ................................................................................................. 3 ARTICLE IV. Choice Neighborhoods Transformation Plan and Requirements ........................... 3 ARTICLE V. Deliverables ............................................................................................................. 7 ARTICLE VI. Changes to the Grantee’s Plan ............................................................................... 8 ARTICLE VII. Choice Neighborhoods Budget and Funding Requests ........................................ 9 ARTICLE VIII. Project Drawdowns ........................................................................................... 10 ARTICLE IX. Matching and Leveraged Funds ........................................................................... 11 ARTICLE X. Grantees, Subrecipients and Contractors ............................................................... 11 ARTICLE XI. No Third-Party Rights .......................................................................................... 13 ARTICLE XII. Conflict of Interest .............................................................................................. 13 ARTICLE XIII. Reporting Requirements .................................................................................... 14 ARTICLE XIV. Technical Assistance ......................................................................................... 15 ARTICLE XV. Unsatisfactory Performance/Default .................................................................. 16 ARTICLE XVI. Funding Obligation Date, Date of Funding Availability and Effective Date .... 19 ARTICLE XVII. Project Closeout ............................................................................................... 19 ARTICLE XVIII. Money Damages ............................................................................................. 20 ARTICLE XIX. Points of Contact ............................................................................................... 21 ARTICLE XX. Signature Page. ................................................................................................... 22 Appendix A ............................................................................................................................... 23 Exhibit A: Subrecipient and Contractor Certifications and Assurances 47 FY 2024Choice Neighborhoods Planning Grant Agreement – page 1 FY 2024 Choice Neighborhoods Planning Grant Agreement
This grant agreement (“Grant Agreement”) is made by and between the United States Department of Housing and Urban Development (“HUD”) and the Lead and Co-Applicant(s) (“Grantee”). The Grantee received a Choice Neighborhoods Planning Grant award as a result of an application submitted in response to the fiscal year (FY) 2024 Notice of Funding Opportunity (NOFO), for the creation of a Transformation Plan that is the subject of this Grant Agreement (“Transformation Plan”) and that is identified on the fund obligation document (Form HUD-1044).

While the Planning Grant is awarded to the Grantee, only the Lead Applicant identified in the Grantee’s Choice Neighborhoods Application (“Lead Grantee”) will have access to draw down funds in LOCCS. HUD agrees, subject to the terms of this Grant Agreement, to provide grant funds to the Lead Grantee, in the total amount listed on the Assistance Award/Amendment form (HUD-1044), for the activities described in the Transformation Plan as defined in Article IV.

The assistance that is the subject of this Grant Agreement is authorized by, and required to be used in accordance with, Section 24 of the U.S. Housing Act of 1937 and the Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024)) (“FY 2024 Appropriations”), (collectively the “Choice Neighborhoods Authorization”).

The form HUD-1044 and the Exhibits are incorporated into and subject to the terms of this Grant Agreement.

HUD and the Grantee hereby agree to be bound by the following terms and conditions of this Grant Agreement:
48 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 2 ARTICLE I. Grant Award Date and Period of Performance
The Grant Award Date is September 9, 2024. The deliverables identified in Article V of this Grant Agreement are based on the Grant Award Date. The Period of Performance Start Date is September 10, 2024. The Period of Performance End Date is March 31, 2027.

ARTICLE II. Choice Neighborhoods Requirements
The Grantee agrees to conduct all activities to be assisted with funds provided under this Grant Agreement in accordance with the following requirements, as such requirements now exist or as they may hereafter be amended (hereafter collectively referred to as the “Choice Neighborhoods Requirements”):

A. the U.S. Housing Act of 1937, as amended (the “1937 Act”), including Section 24 of the 1937 Act, and all implementing regulations, as applicable; B. the Consolidated Appropriations Act, 2024 (Public Law 118-42), approved March 9, 2024); C. the FY 2024 NOFO for the Choice Neighborhoods Initiative Planning Grants published via Grants.gov on April 9, 2024 (the “NOFO”);
D. 31 U.S.C. § 1552. In accordance with this statute, all FY 2024 Choice Neighborhoods funds must be expended by September 30, 2033. Any funds that are not expended by that date will be cancelled and recaptured by the Treasury, and thereafter will not be available for obligation or expenditure for any purpose. However, in accordance with the Choice Neighborhoods NOFO, the term of this Planning Grant is 30 months from the date of the Grant Award date and all funds should be expended shortly after the end of the Planning Grant term.

E. In accordance with section 24(e)(2)(D) of the 1937 Act, Grantees must involve affected residents of the targeted public and/or assisted housing at the beginning and during the planning process. Grantees are required to involve the affected public and/or assisted housing residents in the planning process and implementation of your Transformation Plan.

This involvement must be continuous from the beginning of the planning process through the implementation and management of the grant. In addition to the statutory requirement Grantees will be expected to undertake resident and community involvement in a manner and method at least as comprehensive as that described in your grant application.

F. all executive orders applicable to the activities being conducted with funds provided under this Grant Agreement;
G. the terms and requirements of this Grant Agreement, and any amendments or addenda thereto;
H. all other applicable Federal requirements, including, without limitation, those set forth in Appendix A; and
49 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 3 I. all regulations, handbooks, notices, and policies applicable to the activities being conducted with funds provided under this Grant Agreement;
ARTICLE III. Program Overview
A. Choice Neighborhoods is designed to address struggling neighborhoods with distressed public housing or HUD-assisted housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and other stakeholders, such as public housing authorities, cities, schools, police, business owners, nonprofits, and private developers, come together to create a plan that transforms distressed HUD housing and addresses the challenges in the surrounding neighborhood. The program helps communities transform neighborhoods by revitalizing severely distressed public and/or assisted housing and investing and leveraging investments in well-functioning services, high quality public schools and education programs, high quality early learning programs and services, crime prevention strategies, public assets, public transportation, and improved access to jobs.

Choice Neighborhoods is focused on three core goals:

1. Housing: Replace severely distressed public and assisted housing with high-quality mixed-income housing that is responsive to the needs of the surrounding neighborhood;

2. People: Improve outcomes of households living in the target housing related to employment and income, health, and education; and

3. Neighborhood: Create the conditions necessary to attract long-term public and private reinvestment in distressed neighborhoods which will promote economic development and result in increased/improved amenities, services, and job opportunities for residents.

ARTICLE IV. Choice Neighborhoods Transformation Plan and Requirements A. General. The end product of this grant award is the submission to and acceptance by HUD of a Transformation Plan. The Transformation Plan should identify specific, integrated, and effective strategies to implement public and/or assisted housing revitalization, the coordination and design of supportive services, including educational opportunities for children, and neighborhood-level planning to improve a range of neighborhood assets. The Transformation Plan should be created as part of a collaborative planning process that involves neighborhood stakeholders and local governmental entities.

The Transformation Plan should translate the three core goals of Choice Neighborhoods – Housing, People and Neighborhood – into a strategy that will direct investments, demonstrate the commitment among a range of public and private partners to address interdependent neighborhood challenges, utilize data to set and monitor progress toward implementation goals, and engage community stakeholders and residents in meaningful decision-making roles. HUD’s acceptance of this plan will be based on the demonstration of a comprehensive 50 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 4 and inclusive locally driven planning process. It is neither an approval nor an endorsement of any of the activities identified in the plan.

B. Program Activities. Activities under this Grant Agreement include tasks necessary to develop a Transformation Plan, align investments with this plan, and develop the relevant planning and evaluation capacity of the Grantee and its partners. Refer to section III.F of the NOFO for a detailed description of program activities. As stated in section III.F.1.a, required activities are:

1. Ensure meaningful resident, community, and stakeholder participation throughout the development of the Transformation Plan. At a minimum, residents of the target housing should have representation on a steering committee and task forces. This also includes public hearings, meetings, websites, forums, charrettes, and other communication that will provide all aspects of the policy and development plans. Grantees must provide alternative options to neighborhood residents, local business owners and employees, and civic and community organization representatives in sufficient time for them to review, react, and make informed decisions on how proposed plans and policies will impact their daily lives. This involvement must be continuous from the beginning of the planning process through the entire grant term. Activities should prioritize ways to advance equity by engaging underserved populations and communities traditionally marginalized from planning processes, such as low-income individuals and families, limited English speakers, persons with disabilities, and the elderly. In seeking public participation, grantees must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communications-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act. In addition, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Executive Order 13166 require that grantees take responsible steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency (LEP persons).

HUD encourages each grantee to maintain a public website that provides the community with information such as the CN Planning Grant application, planning timeline, ways to participate, updates about the planning process, and how to provide input and feedback.

2. Within the first 12 months of the Choice Neighborhoods grant, conduct a household-level survey of the target housing residents that assesses assets and needs related to the Housing, People, and Neighborhood goals to better design solutions for challenges facing the children and families of HUD housing. In addition, grantees must access and evaluate existing data (such as the census [including the American Community Survey (ACS)], police reports, healthcare agencies/providers, school reports, research surveys, etc.) to determine whether an assessment of households is required at the neighborhood level.

3. Devise a relocation strategy for target housing residents that need to be relocated during the rehabilitation or reconstruction of the target housing that complies with applicable 51 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 5 statute and regulations, as well as policies that effectuate CN requirements such as the right to return preference.

4. If not already completed, have a market assessment of the target neighborhood conducted by an independent, third-party professional during the grant period. The conclusions drawn from this study must inform the development of the Transformation Plan.

5. If not already identified, select the master developer/housing developer that will implement the housing component of the Transformation Plan before the end of the grant term.

6. Complete a Phase I Environmental Site Assessment based on ASTM standards of the target redevelopment site(s) to determine the potential for and extent of any needed environmental remediation, in order for a grantee to determine a feasible timeline and budget for the realization of redevelopment efforts.

7. Contact the State Historic Preservation Officer (SHPO) to determine the potential for negative effects of demolition on historic properties if the target housing contains buildings 45 years of age or older.

8. Conduct comprehensive assessments to inform the preparation of the Transformation Plan. The assessments should include:
 Current patterns of disinvestment within the neighborhood, including vacant/abandoned homes and businesses, the quality of the existing housing stock, foreclosures, and current home values and rents. Discuss other subsidized housing (e.g., Housing Choice Vouchers, LIHTC units, PBRA, state or locally subsidized affordable units) in the neighborhood that are not part of the target public and/or assisted housing project(s), the current mix of incomes, and any long-term economic factors for continued disinvestment that may be expected to continue, absent a publicly funded intervention;
 The neighborhood’s access to key assets, such as quality grocery stores, banks, health clinics and doctors’ offices, schools, childcare facilities and early learning centers or programs, parks and recreational facilities, and public transit. Identify key neighborhood anchor institutions, such as major employers, universities, or hospitals that can reliably be expected to continue to provide significant economic activity;  Relevant developmental and social assets in the target neighborhood as these assets relate to opportunities for resident education, employment, health, mobility and safety;
 Challenges and gaps in neighborhood services and assets; and  Information from applicable fair housing planning (e.g. Analysis of Impediments to Fair Housing Choice, Assessment of Fair Housing, or other fair housing planning document) conducted by the local jurisdiction or public housing agency consistent with its obligation to affirmatively further fair housing, such as patterns of racial, national origin, and other demographic segregation or other fair housing issues in the neighborhood.
52 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 6 (9) Undertake a comprehensive and integrated planning process that addresses the challenges and gaps in services and assets identified through the needs assessments and leads to a plan for implementation that has broad community support, in the areas of:
(a) Housing. Adopt effective strategies to achieve the Housing goal. Such activities include but are not limited to:
 studies of the different options for revitalization, including the feasibility, costs and neighborhood impact of such options and the need for affordable housing;  site planning and conceptual architectural design work that meets all applicable federal accessibility requirements, including but not limited to those under section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulation at 24 CFR part 8, the Fair Housing Act and HUD's implementing regulation at 24 CFR part 100, and the Americans with Disabilities Act and the government-wide regulations at 28 CFR parts 35 and 36;
 designing a suitable replacement housing plan, in situations where partial or total demolition is considered;
 designing a relocation plan, including effective and meaningful strategies for housing mobility;
 conducting environmental or geotechnical studies of the target housing site; and  developing a viable financing plan to implement the Housing component of the plan.

The plan should consider a range of viable financing plans which are not dependent on a Choice Neighborhoods Implementation Grant in particular. (b) People. Adopt effective strategies to achieve the People goal. Such activities include but are not limited to:
 planning for supportive services for the target housing residents to improve outcomes in employment and income, health, education, and housing stability, including:
o Case management and/or service coordination to improve target housing residents' access to high-quality services that meet their needs. o Strategies that will result in increased income and employment for target housing residents, especially employment in living wage jobs, such as creating/coordinating a career pathway pipeline available to adults, developing direct connections to employers with living wage positions and/or opportunities for career advancement, and implementing a retention strategy that supports residents in retaining new jobs for at least the first 90 days. o Strategies that will result in improved physical and mental health outcomes and regular health care access for target housing residents, such as offering services to: support and connect uninsured adults and children to health insurance; ensure adults and children have a place of healthcare where they regularly go, other than an emergency room, when they are sick or need advice about their health; ensure adults and children receive ongoing care and appropriate treatment for chronic conditions as well as preventative healthcare; and, as applicable, connect children and adults to trauma-informed care and mental health services. o Strategies to ensure all children living in the target HUD-assisted housing will enter kindergarten ready to learn, such as offering services to: enroll, track and support the attendance of children from birth to kindergarten in high-quality, 53 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 7 evidence-based early education programs, which may include center-based or formal home-based programs; support the attendance of families with children from birth through Kindergarten (especially children who are not yet enrolled in early education) in evidence-based programs for caregivers, such as home visiting or educational parent/play groups; and ensure all young children receive regular developmental screenings (e.g., Ages and Stages) and, if a delay is identified, are connected with appropriate early behavioral health services. o Strategies to ensure all school-aged children living in the target housing are proficient in core academic subjects, attending school consistently, and are graduating from high school college- and career-ready, such as offering services to: work one-on-one with school-aged children and their families to identify and support their individual education needs and goals; enroll, track and support the attendance of school-aged children in high-quality School-Based or Out-of- School Education programs; and provide individualized wrap-around services to school-aged children and their families as needed to support their educational outcomes and participation in high quality programming. (c) Neighborhood. Adopt effective strategies to achieve the Neighborhood Goal and Objectives. Such activities include but are not limited to: planning for neighborhood-level improvements across the range of Neighborhood Objectives; aligning with existing planning processes and activities in the local jurisdiction and/or metropolitan area or county/parish; planning for neighborhood economic development activities; and partnering with the necessary agencies and organizations and developing a viable financing plan to implement the Neighborhood component of the plan.

C. Other eligible activities should be included in the Transformation Plan consistent with section III.F.1.b of the NOFO.

D. Program Requirements. In developing the Transformation Plan, Grantees should evaluate and incorporate the general requirements contained in section III.F.2 of the NOFO as they are applicable to their Transformation Plan.

ARTICLE V. Deliverables
A. Schedule and Budget. In preparation for creating a Transformation Plan, Grantees must submit the following to HUD within 120 calendar days from the Grant Award Date for HUD’s review and approval. HUD reserves the right to require Grantee to make edits to these items to put them in a form and substance acceptable to HUD.

1. A Program Schedule identifying tasks and milestones by date, in accordance with the Choice Neighborhoods NOFO;

2. A Choice Neighborhoods Planning Grant Budget, as described in Article VII; and

3. Any other information or documentation that is not otherwise required under the NOFO or this Grant Agreement but that is requested by HUD to supplement or refine 54 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 8 information provided in the Choice Neighborhoods Application or to meet any terms or conditions of the Grant Agreement.

B. The Grantee must submit documents that assist in the development of the Transformation Plan to HUD during the term of the Planning Grant. HUD may provide comments and guidance on these draft documents, which the Grantee should use in drafting the Transformation Plan. The documents that are required are:

1. Outline with Content. The Grantee must submit showing at a minimum the outline with some of the content that will be in the Transformation Plan no later than 12 months after the Grant Award Date.

2. Draft Transformation Plan. The Grantee must submit a draft Transformation Plan to HUD no later than 24 months after the Grant Award Date.

3. Transformation Plan. The Grantee must submit a final Transformation Plan no later than 30 months after the Grant Award Date.

C. Early Action Activity.

1. If the award includes grant funding for an Early Action Activity, the grantee must submit a proposal to HUD describing the project within 12 months from the Grant Award date.

2. The Early Action Activity project must be completed by the end of the grant term.

D. All other required information or submissions as requested by HUD pursuant to paragraph (A)(3) of this Article must be submitted in accordance with the Reporting Requirements as described in Article XIII, in a form and substance acceptable to HUD.

E. Time Extensions. All requests for extensions of the time periods for the deliverables listed above should be requested by the Grantee in advance of the deadline date. All requests for extensions must be made in writing and will be reviewed and approved or disapproved by the Deputy Assistant Secretary for the Office of Public Housing Investments or her designee.

ARTICLE VI. Changes to the Grantee’s Plan
A. Changes Requiring Prior HUD Approval. If the following activities in the application are to be modified or amended, the Grantee must request and obtain prior written HUD approval:

1. Program Schedule. The Grantee must inform HUD immediately, in writing, of any problems, delays or adverse conditions that will impair materially the Grantee’s ability to comply with the Program Schedule, and include a statement of action taken, or proposed to be taken, and any assistance needed to resolve the situation. HUD must approve any proposed changes to the Program Schedule that would significantly modify a date or time period.
55 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 9

2. Changes in an activity within any Budget Line Item (BLI) in LOCCS that are greater than 10 percent of the approved Choice Neighborhoods Budget;

3. An extension of the period of availability of the Choice Neighborhoods Grant funds provided under this Grant Agreement, not to go beyond the statutory timeframes;

4. Any material changes to the contract between the Grantee and the Planning Coordinator, if applicable; and

5. Any loss or replacement of committed funds which were identified for purposes of rating and ranking the leverage section of the grant.

ARTICLE VII. Choice Neighborhoods Budget and Funding Requests A. Budget. The Grantee must ensure that funds provided under this Grant Agreement are expended in accordance with the Choice Neighborhoods Requirements and a Choice Neighborhoods Budget. The Grantee may request up to $400,000 of grant funds to pay for costs of the planning process. The Choice Neighborhoods Budget allocates all Choice Neighborhoods Grant funds into Budget Line Items (BLI). The Choice Neighborhoods Budget will serve as the primary budget and may be subject to revision. Grantees should consult the “Planning Grant Budget Guidance” posted to the Choice Neighborhoods website (www.hud.gov/cn) for detailed description of eligible activities and which BLI each cost is categorized.

B. Budget Form. Each budget submitted in accordance with paragraph (A) of this Article must be submitted on the Choice Neighborhoods Planning Grant budget form (HUD-53421), Parts I, II, and III. Part I must be signed and dated by the executive officer of the Lead Grantee and Part II must include a detailed description of the uses of the grant funds. Part III shows the match and leverage funds committed to the planning process. Grantees must track their leveraged fund expenditures and will report this information in the quarterly report.

C. Pre-Grant Agreement Execution Costs. After the execution of this Grant Agreement, the Grantee may include in its Choice Neighborhoods Budget, and the Lead Grantee may draw down funds for costs that were incurred prior to execution of this Grant Agreement, provided that such costs were incurred after the Grant Award Date, are directly associated with the activities to be funded under this Choice Neighborhoods Grant, and are approved as reasonable and eligible by HUD. Choice Neighborhoods Grant funds cannot be used to pay for any activities carried out on or before the Period of Performance Start Date.

D. Early Action Activity. The Grantee may request up to $150,000 of Choice Neighborhoods Grant funds for an Early Action Activity project (as defined in the NOFO) costs in conjunction with submitting the Choice Neighborhoods Budget form to HUD. Funds may be drawn down for eligible costs (as defined in the NOFO), subject to receiving HUD approval and subject to conducting an environmental review in accordance with 24 CFR part 58. 56 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 10 E. Administration, Fees and Costs.

1. Cost Controls. The Grantee will comply with HUD guidance and policies that establish reasonable costs for administration, management improvements/capacity building, planning, technical assistance, and fees and costs.

2. Lobbying. The Grantee hereby certifies that no funds provided under this Grant Agreement will be expended for lobbying activities, as prohibited by Section 319 of Public Law 101-121 (which prohibits recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative Branches of the Federal Government), and implemented for HUD at 24 CFR part 87, as the same may be amended from time to time. The Grantee will disclose promptly any commitment or expenditure of non-appropriated funds for lobbying activities if those activities would be prohibited if paid with appropriated funds.

F. Program Income. Program Income is defined in 2 CFR § 200.1, or successor regulation. If the Grantee receives program income from the Early Action Activity (e.g., from the sale of acquired land):

1. prior to grant closeout program income must be reinvested in the development or neighborhood and used for Choice Neighborhoods eligible purposes, unless otherwise approved by HUD.

2. after grant closeout, program income must be reinvested in the development or neighborhood and used for Choice Neighborhoods eligible purposes, unless otherwise approved by HUD. Before the grant is closed out, Grantee must submit a plan for how program income will be reinvested, in a form and substance that is acceptable to HUD for HUD’s review and approval. HUD will determine with the Grantee what the sources of program income are. The language of this provision shall survive grant closeout and termination of this Grant Agreement.

ARTICLE VIII. Project Drawdowns
A. LOCCS Payment System. Consistent with 2 CFR Part 200, the Lead Grantee will request all drawdowns of Choice Neighborhoods Grant funds under the Line of Credit Control System (LOCCS), unless and until another payment system is designated by HUD. The Lead Grantee will comply with all rules, guidelines, and notices established for Choice Neighborhoods under LOCCS, or any substitute system, in connection with any drawdown of Choice Neighborhoods Grant funds. If HUD designates a different payment system, it will be based upon the provisions of 2 CFR § 200.305.
57 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 11 B. Drawdowns.

1. The Grantee may draw down Choice Neighborhoods Grant funds for a BLI in an amount up to the amount of that BLI that HUD has approved and made available for drawdown.

2. Any request for funds in excess of 10 percent of the entire grant amount in any month must be manually reviewed and approved by HUD. The Grantee must submit copies of the invoices supporting the drawdown amount to the Team Coordinator.

C. Drawdown Consequences of Default.

1. Withholding of Payments. HUD may withhold payments in accordance with 2 CFR § 200.339.

2. Grantee Representations. Each drawdown request by the Grantee will constitute, and be deemed to be, a representation that the Grantee is not in default under this Grant Agreement (except as the Grantee previously may have disclosed to HUD in writing).

3. Overdue Reports. HUD may elect to suspend draws under this Grant Agreement during any period in which the Grantee has failed to file with HUD any quarterly report.

ARTICLE IX. Matching and Leveraged Funds
A. Match Requirements. In accordance with section 24(c) of the 1937 Act (42 U.S.C. 1437v(c)), Grantee must have secured a match in the amount of five percent of the grant amount in cash or in-kind donations.

B. Match Donations and Leverage Resources. Grantee shall keep documentation on matching and leveraged funds during the term of this Grant Agreement and shall provide this documentation in a format acceptable to HUD upon request by HUD, until the closeout of this grant. The documentation should show that the funds are secured and the Grantee should keep records showing how those funds have been expended over time.

ARTICLE X. Grantees, Subrecipients and Contractors
A. General Grantee Responsibilities.

1. Planning Team. The Grantee agrees to promptly assemble a competent planning team, if the Grantee has not already, to assist in working with the Grantee’s partners and collaborators and coordinating all phases of the planning process. In the event of a default under the terms of this Grant Agreement, HUD reserves the right to require a Grantee to procure a planning coordinator in order for the Grantee to meet the performance standards detailed in this agreement.
58 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 12

2. Choice Neighborhoods Requirements. The Grantee shall ensure that any entity to which it makes grant funds available will comply with the Choice Neighborhoods Requirements.

3. Required Certifications.
a. The Grantee must ensure that all subrecipients and contractors execute an original document in the form of Exhibit A, as appropriate, to this Grant Agreement at the time the Grantee executes any contract with any subrecipient or contractor to provide goods or services under this Grant Agreement. The Grantee will retain the executed original certification together with the executed contract documents. b. Grantees that are public housing authorities (PHA Grantee) must ensure that the requirements contained in the General Conditions for Non-Construction Form (Form 5370-C) are included in any solicitation in connection with non-construction contracts that will be made by the PHA Grantee and paid for with assistance under this Grant Agreement. Such conditions must also be included in any non-construction contract entered into by the PHA Grantee.
c. Certifications required by 2 CFR 200.415.

B. Administrative Requirements for Grantees.

1. Public housing authority, local government, Indian tribe, and non-profit entity grantees are subject to 2 CFR Part 200. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the NOFO and this Agreement, activities carried out under the grant after the effective date of the part 200 amendments will be governed by the part 200 requirements as replaced or renumbered by the part 200 amendments.

C. Administrative Requirements for Subrecipients and Related Agreements.

1. Public housing authority, local government, Indian tribe, and non-profit subrecipients are subject to the requirements of 2 CFR Part 200. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the NOFO and this Agreement, activities carried out under the grant after the effective date of the part 200 amendments will be governed by the part 200 requirements as replaced or renumbered by the part 200 amendments.

2. For-profit subrecipients are subject to the requirements of 2 CFR Part 200, Subparts A-E.

The Grantee is responsible for establishing audit requirements consistent with 2 CFR 200.501(h). Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the NOFO and this Agreement, activities carried out under the grant after the effective date of the part 200 amendments will be governed by the part 200 requirements as replaced or renumbered by the part 200 amendments.

3. Suspension and Debarment. Grantees are subject to the requirements of 2 CFR 200.214. 59 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 13

4. Grantee Responsibilities Regarding Subrecipients. Grantees will be responsible for:
a. ensuring that subrecipients are aware of the requirements imposed upon them by Federal statutes, regulations, and this Grant Agreement; b. ensuring that all subrecipient agreements include any clauses required by Federal statutes and their implementing regulations and executive orders; and c. monitoring subrecipients’ performance to ensure compliance with this Grant Agreement.

D. Administrative Requirements for Contractors and Subcontractors and Related Contracts.

1. Grantee’s procurement of contractors or subcontractors. Consultant and Professional Services. Grantees that obtain professional or consultant services from persons who are not officers or employees of the Grantee (i.e., independent contractors) are subject to 2 CFR Part 200.459. However, if the Grantee can demonstrate to HUD that the services to be provided by the contractor or subcontractor only from that one source, the Grantee may request HUD approval to select the entity under a non-competitive procurement pursuant to 2 CFR 200.320(c).

2. Trigger for the Submission of Contracts. Contracts must be submitted to HUD for prior approval if required by 2 CFR Part 200, Subpart D, or if requested by HUD. Any modification of a contract that must be submitted to HUD for prior approval if required or requested is also subject HUD’s written approval before the execution of the modification.

3. Suspension and Debarment. Grantees must comply with 2 CFR 200.214.

ARTICLE XI. No Third-Party Rights
The Grantee and HUD are the sole parties to this Grant Agreement and do not intend to create any third-party beneficiaries to this Grant Agreement. Notwithstanding the provisions set forth in this Grant Agreement concerning consultations with residents and dissemination of information to residents, nothing in this Grant Agreement may be construed as conferring the status of third-party beneficiary upon the residents; and in no event shall any entity other than the Grantee have direct rights to the Choice Neighborhoods funds provided for under this Grant Agreement.

ARTICLE XII. Conflict of Interest
A. Prohibition. The Grantee shall comply with the conflict of interest requirements in 2 CFR 200.318. No person who is an employee, agent, officer of the Grantee or member of his or immediate family, or his or her partner, or an organization which employs or is about to employ any of the parties indicated herein and who exercises any functions or responsibilities with respect to activities assisted under this Choice Neighborhoods Grant may have a direct 60 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 14 interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder.

B. HUD-Approved Exception.

1. Standard. HUD may grant an exception to the exclusion in paragraph (A) of this Article on a case-by-case basis when it determines that such an exception will serve to further the purposes of Choice Neighborhoods and its effective and efficient administration.

2. Procedure. HUD will consider granting an exception only after the Grantee has provided a disclosure of the nature of the conflict, accompanied by:
a. an assurance that there has been public disclosure of the conflict; b. a description of how the public disclosure was made; and c. an opinion of the Grantee’s attorney that the interest for which the exception is sought does not violate State or local laws.

3. Consideration of Relevant Factors. In determining whether to grant a requested exception under paragraph (B) of this Article, HUD will consider the cumulative effect of the following factors, where applicable:
a. whether the exception would provide a significant cost benefit or an essential degree of expertise to the Transformation Plan that would otherwise not be available; b. whether an opportunity was provided for open competitive bidding or negotiation; c. whether the person affected is a member of a group or class intended to be the beneficiaries of the Transformation Plan and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
d. whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process, with respect to the specific activity in question;
e. whether the interest or benefit was present before the affected person was in a position as described in paragraph (A) of this Article; f. whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. any other relevant considerations.

ARTICLE XIII. Reporting Requirements
A. Quarterly Report.

1. The Grantee will submit to HUD a Quarterly Report on the 15th day of the month after each calendar quarter. The first report will be due in January 2025. If the due date falls on a Saturday, Sunday, or Federal Holiday, the report is due the next business day. In the Quarterly Report the Grantee will report the progress of their grant for the previous quarter, including but not limited to progress against their schedule and budget, expenditures to date, and a narrative statement on their progress, progress on financing 61 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 15 leverage secured to date for the planning grant and leverage for the implementation of the plan. The Grantee should also include, as appropriate, best practices and lessons learned from the date of the prior Quarterly Report.

2. Failure to submit to HUD a timely Quarterly Report may result in a suspension of Choice Neighborhoods Grant funds in LOCCS until such time as the report is received and approved by HUD, and/or any other default remedy authorized by Article XV.

B. Obligations and Expenditures. The Grantee must enter cumulative obligation and expenditure data into LOCCS by the due dates established by HUD, whether or not there has been any change in the cumulative amounts since the end of the last quarter.

C. Additional Information Requests. Subject to paragraph (D) of this Article, the Grantee will comply with all other reporting requirements from time to time established by HUD, in its sole discretion, in connection with the Choice Neighborhoods Program. The Grantee will:

1. fully cooperate with all reasonable information gathering requests made by HUD or contractors of HUD in the course of authorized evaluations of the Choice Neighborhoods Program; and

2. if requested, submit any post-closeout reports, in the forms prescribed by HUD, for a reasonable period of years as designated by HUD.

D. Additional Requirements. The Grantee agrees to comply with all other terms and conditions HUD may establish to administer, monitor, or evaluate the Choice Neighborhoods Program in an effective and efficient manner. Notwithstanding the foregoing, however, except as provided in Article XV, HUD hereafter will not establish any additional terms and conditions without:

1. consideration of the burden imposed on the Grantee by such conditions or requirements;

2. consideration of the availability of less burdensome conditions or requirements; and

3. in the case of a term or condition applicable solely to the Grantee, consulting in advance with the Grantee.

ARTICLE XIV. Technical Assistance
A. Site Visits. The Grantee acknowledges and agrees that HUD, or its designees, may conduct site visits and inspections as deemed necessary by HUD based upon the Grantee’s needs in creating the Transformation Plan or the needs of the Choice Neighborhoods Program.

Technical assistance site visits may be provided by HUD or its designees:

1. in response to requests from the Grantee; or

2. based upon demonstrated needs of the Choice Neighborhoods Program; or 62 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 16

3. as provided in paragraph (B) of this Article.

B. HUD Assessment. HUD representatives will visit the site and make an assessment of any technical assistance and/or training that the Grantee may require for the creation of the Transformation Plan. HUD will consult with the Grantee in determining the Grantee’s specific technical assistance and training needs and will carry out subsequent on-site assessments, as necessary.

C. Technical Assistance Provider. If HUD determines, in its discretion, that technical assistance and/or training is necessary for the creation of the Transformation Plan, it will assign a technical assistance provider to work with the Grantee for this purpose.

D. Grantee Training/Technical Assistance. The Grantee agrees to use its best efforts to attend any training and to accept any technical assistance provided or sponsored by HUD.

ARTICLE XV. Unsatisfactory Performance/Default
A. In accordance with Section 24(i) of the 1937 Act, if the Grantee defaults under this grant agreement, HUD may withdraw any unobligated grant amounts and may pursue other actions as described in this Article. HUD shall redistribute any withdrawn amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the planning process of the original Grantee. This section applies to all Grantees regardless of their status as a local government, PHA, for-profit, or other entity.

B. Default. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, may constitute a default by the Grantee under this Grant Agreement, as determined by HUD in its sole discretion:

1. use of funds provided under this Grant Agreement for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement;

2. failure to comply with the Choice Neighborhoods Requirements or any other Federal, State, or local laws, regulations, or requirements applicable in creating the Transformation Plan;

3. failure to make any submission under Article V, perform any obligation, or otherwise fail to proceed in a manner consistent with the Transformation Plan, (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule);

4. any material misrepresentation in any of the required submissions, including, without limit, any misrepresentations in any of the submissions required by Article V; or 63 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 17

5. failure to comply with, or any material breach of, any other requirements, conditions, or terms of this Grant Agreement.

C. Notice of Default and Action(s) to Cure.

1. General. HUD will give the Grantee written notice of any default. The notice will give the Grantee the opportunity to cure such default within 30 days of the date of the notice, or to demonstrate within this time period, by submitting substantial evidence satisfactory to HUD, that it is not in default. If the default is not able to be cured within the 30-day period, the Grantee will demonstrate, to HUD’s satisfaction, that the Grantee has taken actions necessary to cure the default and that the default is curable within 90 days from the date of the default notice. Additionally, the Grantee must agree to carry out such cure diligently and to complete the cure within the 90-day period.

2. Immediate Default. Notwithstanding the provisions of paragraph (C)(1) of this Article, HUD in its sole discretion may place the Grantee into immediate default for not being in compliance with its Program Schedule or for non-compliance with Choice Neighborhoods Requirements once written notification of default has been provided to the Grantee. At that time, HUD may immediately begin imposing consequences of default, including specifically the suspension of draws of the Choice Neighborhoods grant.

3. Imminent Threat. Notwithstanding the provisions of subparagraph (C)(1) of this Article concerning the opportunity to cure defaults, if HUD reasonably determines that there is an imminent threat that the Grantee will expend additional Choice Neighborhoods Grant funds in violation of the provisions of this Grant Agreement, HUD may implement the remedial action provided for under subparagraph (C)(4) of this Article to prevent any such unauthorized expenditure until such time as the Grantee has complied with the cure provisions set forth above. HUD will implement such remedial action by written notice set forth either in the notice of default given under paragraph (C)(1) of this Article or by subsequent written notice to the Grantee. An imminent threat is not an immediate default.

4. Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), HUD may take any of the following remedial actions, upon written notice to the Grantee:
a. requiring a Grantee in default to provide evidence to HUD of acceptable performance over such period of time as specified by HUD and to obtain written approval from HUD to proceed to the next phase of activities;
b. requiring additional, more detailed financial reports; c. requiring additional project monitoring;
d. requiring the Grantee (or subrecipient) to obtain technical or management assistance; e. establishing additional prior approvals;
64 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 18 f. require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD’s approval thereto, and follow such revised Program Schedule to complete the activities under the Grant Agreement; g. require the Grantee, within a time period established by HUD, to revise any activity under the Grant Agreement in order to successfully complete the activities under the Grant Agreement in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the Choice Neighborhoods Budget as necessary, and substitution of other eligible activities; h. require submission of additional documentation before any additional request for funds will be approved;
i. temporarily suspend the Grantee’s authority to draw down Choice Neighborhoods Grant funds for affected activities, or at HUD’s sole discretion for all activities, pending action to cure the defaults;
j. disallow use of Choice Neighborhoods Grant funds for all or part of the cost of the activity or action not in compliance;
k. recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; l. require reimbursement by the Grantee for Choice Neighborhoods Grant funds determined by HUD to have been improperly expended;
m. make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Grant Agreement, including requiring the Grantee to assign any outstanding contracts obligating grant funds to another entity.

5. Additional Enforcement Actions. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee):
a. reduce the Choice Neighborhoods Grant in the amount affected by the default; b. terminate the Choice Neighborhoods Grant as to all further activities and initiate closeout procedures;
c. recapture any Choice Neighborhoods Grant funds not obligated by the Grantee. i. If the basis for the Grantee’s default is its failure to comply with the reasonable time periods established by HUD under Article V, HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph (C)(3) of this Article, recapture any Choice Neighborhoods Grant funds not obligated by the Grantee.
ii. If the Grantee fails to comply with the reasonable time periods established in Article V, HUD may take into account whether factors beyond the Grantee’s control are the cause of the delay.
d. take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and 65 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 19 e. take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under a PHA’s ACC and/or premised on HUD’s interest in the housing development established in the relevant Declaration of Trust or Declaration of Restrictive Covenants or housing assistance contract, as applicable.

6. Delinquent Federal Debts. Consistent with the purposes and intent of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), Grantees with an outstanding federal debt must provide to HUD a negotiated repayment schedule which is not delinquent or have made other arrangements satisfactory to HUD. If arrangements satisfactory to HUD cannot be completed within 90 days of notification of selection, HUD will not make an award of funds to the Grantee, but offer the award to the next eligible Grantee. Applicants selected for funding, or awarded funds, must report to HUD changes in status of current agreements covering federal debt. If a previously agreed-upon payment schedule has not been adhered to or a new agreement with the federal agency to which the debt is owed has not been signed, the Grantee will be considered to be in default under this Agreement.

ARTICLE XVI. Funding Obligation Date, Date of Funding Availability and Effective Date The date of obligation by HUD of the funding to the Grantee under this Grant Agreement is the date HUD signed the form HUD-1044. The date of fund availability for this Grant Agreement is the date that the Lead Grantee signs the HUD-1044. The effective date of the Grant Agreement is the date that HUD signs the signature page of the Grant Agreement.

ARTICLE XVII. Project Closeout
A. Grants will be closed out in accordance with 2 CFR 200.344, or successor regulation, and as detailed in the Choice Neighborhoods closeout guidance. The program specific guidance is posted to the Choice Neighborhoods website. The closeout process generally includes the following steps:

1. Submission of closeout materials. Within 120 days after the Period of Performance End Date, Grantee must submit closeout materials, including a termination of disbursements letter, the final Choice Neighborhoods budget, and the Actual Choice Neighborhoods Cost Certificate (ACNCC) (form HUD-50163).

2. HUD Review of Preliminary Closeout Materials. HUD will review Preliminary Closeout Materials to confirm that:
a. The amounts on the final Choice Neighborhoods Budget and ACNCC agree as to funds approved, obligated, and expended.
b. The amount of funds approved and disbursed on the ACNCC agrees with HUD records in LOCCS.
c. If HUD disbursed more funds than the Grantee expended, the Grantee will immediately remit to HUD the excess funds, without waiting for completion of the final audit. 66 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 20

3. Final Audit. Following HUD approval of the Preliminary Closeout Materials, the Grantee must conduct a final audit of the Planning Grant in accordance with the requirements of 2 CFR Part 200, Subpart F. and forward the audit to HUD for approval.

4. Final Closeout. Upon receipt of the final audit, the designated HUD official will execute the ACNCC. Any funds remaining in the Planning Grant will be recaptured by HUD. A Post-Audit Date will be entered into LOCCS and the grant will be closed.

ARTICLE XVIII. Money Damages
This grant agreement does not contemplate money damages for breach of the agreement by HUD. The Grantee is entitled to any relief against HUD for breach of the agreement that is provided by the Administrative Procedure Act.
67 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 21 ARTICLE XIX. Points of Contact
Any correspondence related to this Grant Agreement should be directed to the following points of contact for HUD, the Lead Grantee, and any other Grantees:

For the U.S. Department of Housing and Urban Development:

Ms. Luci Blackburn
Choice Neighborhoods Director, Office of Public Housing Investments U.S. Department of Housing and Urban Development
451 7th Street, SW Room 4130
Washington, DC 20410
For the Lead Grantee:

Mr. Emilio Ramirez
Executive Director
Oxnard Housing Authority
435 South D St.

Oxnard, CA 93030-5918
For the Co-Grantee:

Mr. Alexander Nguyen
City Manager
City of Oxnard
300 West 3rd St.

Oxnard, CA 93030-5918
68 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 22 ARTICLE XX. Signature Page.
___________________________________
Emilio Ramirez
Executive Director
Oxnard Housing Authority
___________________________________
Alexander Nguyen
City Manager
City of Oxnard
___________________________________ _________________________ Marianne Nazzaro Date
Deputy Assistant Secretary
Office of Public Housing Investments
U.S. Department of Housing and Urban Development
69 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 23 Appendix A
Additional statutory, regulatory, and other requirements with which Grantee must comply include, as applicable:

1. Build America, Buy America (BABA) Act: This grant is subject to the requirements of the BABA Act, which was enacted on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (Public Law 117-58), unless waived by HUD. Procurement requirements and implementing guidance is available on HUD’s dedicated website:
https://www.hud.gov/program_offices/general_counsel/baba.

2. Compliance with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a contractor, subcontractor, grantee, subgrantee, and personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347-3735) and its online hotline form. (See Federal Contractor or Grantee Protections | Office of Inspector General, Department of Housing and Urban Development (www.hudoig.gov).

3. Fair Housing Certifications, as the same maybe amended from time to time, and any additional Fair Housing requirements that may become applicable:

A. the Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and regulations pursuant thereto 24 CFR part 100;
B. Executive Order 11063 (Equal Opportunity in Housing) and regulations pursuant thereto (24 CFR part 107);
C. the fair housing poster regulations (24 CFR part 110) and advertising guidelines (24 CFR part 108);
D. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-2000d-4) and regulations pursuant thereto (24 CFR part 1) relating to nondiscrimination in housing; E. the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and regulations issued pursuant thereto (24 CFR part 146);
F. the prohibitions against discrimination on the basis of disability, including requirements that the Grantee make reasonable modifications and accommodations and make units accessible, under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and regulations issued pursuant thereto (24 CFR part 8) or the 2010 ADA Standards for Accessible Design;
70 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 24 G. the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and its implementing regulation at 28 CFR part 35; and
H. the Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151) and regulations issued pursuant thereto (24 CFR part 40).

I. Accessible Technology. Section 508 of the Rehabilitation Act of 1973, as amended (Section 508) requires HUD to ensure, when developing, procuring, maintaining, or using electronic and information technology (EIT), that the EIT allows persons with disabilities to access and use information and data comparably to those without disabilities unless an undue burden would result to the Federal agency. HUD encourages its recipients to adopt the goals and objectives of Section 508 by ensuring comparable access whenever EIT is used. Recipients must also comply with Section 504 of the Rehabilitation Act and, where applicable, the ADA. These statutes also require effective communication with individuals with disabilities and prohibit EIT-imposed barriers to access information, programs, and activities for persons with disabilities.

4. Finance and Accounting
A. Commingling of Grant Funds. The Grantee agrees that, in its recordkeeping, it will not commingle Choice Neighborhoods Grant funds with funds from any other sources including, but not limited to, other HUD program funds or funds from other Federal, State, or local government agencies. (Such other funds may be used to carry out the Transformation Plan, so long as they are not commingled in the Grantee’s recordkeeping.)
B. Duplication of Funding. The Grantee will ensure that Choice Neighborhoods Grant funds are not used to duplicate work that is funded with any other HUD funds, funds from any other Federal program, or from any other funding source identified under the Transformation Plan, and will establish controls to assure non-duplication of funding.

5. Record Retention
A. Record Retention Authorities. The Grantee must comply with and be subject to all Federal recordkeeping requirements, including, but not limited to 2 CFR 200.334.

B. Record Retention Requirements. Grantees must retain records in accordance with the requirements of paragraph (A) above, including, but not limited to:

1. the amount and disbursement of funds received under this Choice Neighborhoods Grant, including sufficient records that document the reasonableness and necessity of each expenditure;

2. the amount and nature of any other assistance, including cash, services, or other items contributed to assist in the development of the Transformation Plan or contributed as a condition of receiving this Choice Neighborhoods Grant;

3. any other proceeds received for, or otherwise used in connection with, the Transformation Plan; and
C. Access to Records. For the purpose of audit, examination, monitoring, and evaluation, the Grantee will give HUD (including any duly authorized representatives and the 71 FY 2024 Choice Neighborhoods Planning Grant Agreement – page 25 Inspector General) access, and will ensure that any participating party will give HUD such access, to any books, documents, papers, and records of the Grantee, or such participating party, that are pertinent to assistance received under this Choice Neighborhoods Grant or under the Transformation Plan, including all records required to be kept by paragraph (B) above.

6. Reporting. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (31 USC 6101 note), (Public Law 109-282) (Transparency Act), as amended. Please refer to www.fsrs.gov for complete information on requirements under the Transparency Act and OMB guidance.

7. Eminent Domain. Section 407 of Div. H, Title IV of the Consolidated Appropriations Act, 2024, prohibits the use of funds to support any federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. 72 Agreement No. 9880-23-HO

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment ("Second Amendment") to the professional servi ces agreement ("Agreement") is made and entered into in the County of Ventura, State of California, this 23rd day of December, 2024, by and between the City of Oxnard Housing Authority ("Authority"), and EJP Consulting Group, LLC ("Consultant"). This Second Amendment amen ds the Agreement entered into on February 1, 2024, by the Authority and Consultant. The Agreement previously has been amended on March 27, 2024, by a First Amendment.

Authority and Consultant agree as follows:

1. The date in Section 11 of the Agreement is hereby amended to "March 31, 2027."

2. The reference to the Exhibit A as of March 27, 2024, and Exhibit Bas of March 27, 2024 everywhere it is listed in the Agreement is hereby amended to add also the Exhibit A as of December 23, 2024, and Exhibit Bas of December 23, 2024. The Exhibit A as of December 23, 2024, and Exhibit Bas of December 23, 2024 is attached hereto and incorporated herein by this reference

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) 73 74
75 76
77 78
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87 Agreement No. 9880-23-HO
EXHIBIT BAS OF DECEMBER 23, 2024

RA TES AND COSTS
Phase I - Pre-Application and Feasibility Assessment Fee - $24,740 Phase II - Choice Neighborhoods Planning Grant Application Fee - $49,973 Phase III - Choice Neighborhoods Planning Coordinator Tasks - $683,961 TOT AL CONTRACT AMOUNT: $758,674
Both parties have agreed to a firm fixed fee, inclusive if all costs (professional labor, travel productions, survey software and other direct costs).

EJP will bill the Authority based on a percent complete basis, accompanied by a written progress report. EJP will bill monthly based on percentage completion, submitting invoices at the end of each month. Payment are due net of 30 days from date of invoice. Payments not received in full within 30 days following the date of invoice will incur finance charges at the rate of 1 % per month on the amount outstanding until actual receipt of payment by EJP.

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) 88 (This page is intentionally blank.)

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: February 4, 2025

TO: City Council

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

SUBJECT: Public Project Agreement 32500358 with At Your Service Construction & Energy, Inc., for Restroom Improvement Project - College Estates Park, Specification No. PW 23-28.

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $458,160 in Project funds for the Restroom Improvement Project - College Estates Park, Specification No.

PW 23-28;

3. A Project allocation amount of $38,180 (10%) for engineering, inspection, survey and project management for the Project.

BACKGROUND

On September 1, 2020, the City Council adopted the prefabricated automated restroom from Exeloo Corporation (“Exeloo”) as the standard park restroom for future park capital improvement projects. In the 2020 staff report, it was outlined that these Exeloo restrooms were selected because they provided mitigation to vandalism and a means to address recurring maintenance at the staffing and funding level in the Parks budget in 2020. The Exeloos also have programmable features for scheduled self-cleaning and automatic doors that are scheduled for locking and unlocking according to park operating hours. Five of these restrooms have been purchased and two have been installed at Community Center Park East and Pleasant Valley Park.

During the past months, staff has tracked and recorded the amount of vandalism and graffiti that occurs at the newly installed Exeloo restrooms. Staff has found that these restrooms receive roughly the same volume of damage that is comparable to other non-Exeloo park restrooms. Therefore, the reported graffiti and vandal mitigation does not provide a significant operational cost benefit. So far the costs are slightly higher than average because of the damage to the automation and other technologies. Additionally, the self-cleaning features of the Exeloo restrooms are only for sanitizing the facility. Therefore, they still require daily janitorial services for overall cleaning, trash disposal, and stocking restroom supplies. Staff will continue to monitor the newly installed Exeloos for the reported benefits and make a future recommendation on continuing to use it as the only prefabricated restroom for City parks moving forward.

Exeloo restrooms are partially assembled in a factory environment and transported to the site, they are ready for installation, which can reduce on-site construction costs and public disruption.

This project is for the installation of a prefabricated Exeloo restroom at College Estates Park to replace the previous restroom that was destroyed in a fire in November 2019. The Project scope includes the installation of the pre-purchased 89 Exeloo restroom modular building atop a site-built concrete foundation. Concrete work, grading and drainage improvements, utility connections, and minor landscape improvements are all within the scope of the installation.

Installation will also include pick-up and drop-off of the Exeloo restroom from the City Yard where the unit is currently stored.

Capital Improvement Program (CIP) Reference:

Project No. C2305 – Public Restroom Improvements - CIP 2025-2029 - Adopted June 4, 2024 – Page 53.

DISCUSSION

The Notice Inviting Formal Bids (NIFB) on the Project was published on October 31, 2024, both online and in the local newspaper. Additionally, the NIFB was posted on multiple planroom platforms, including the City’s website, and distributed directly to 30 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were due and opened on December 5, 2024. The City received the following bids:

At Your Service Construction & Energy, Inc.: $381,800.00 Zuma Construction Group, Inc.: $543,999.00
Ardalan Construction Company, Inc.: $589,900.00

The lowest bidder is At Your Service Construction & Energy, Inc. (AYSC&E) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from AYSC&E 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 AYSC&E.

In addition to the project award amount of $381,800, Staff recommends authorizing $76,360 for the project, which includes $38,180 for project contingency (10% of the contract cost) and $38,180 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, materials testing, survey, and project management. These recommendations bring the total estimated cost of the project to $458,160.

The work is tentatively scheduled to begin in March 2025 and continue into the Summer 2025 (70 working days), absent any delays due to supply chain issues, unforeseen site conditions, or weather. Staff will post notices within the park and on social media to keep the residents informed of the project schedule.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Project is $458,160 which includes the construction agreement, contingency and project allocation.

The Public Restroom Improvement Project (C2305) is funded by the General Fund ($1.5 million) and Measure O ($1 million) funds with a total project budget allocation of approximately $2.5 million in FY 2024-25. There are sufficient budget appropriations to fund this Project.

The cost to maintain the new Exceloo restroom at College Estates Park is contained in the new janitorial agreement with Premier Property Preservation, LLC. The daily cost will be $17.00 ($6,205 annually) for the cleaning and closing of the restroom. These services will commence once the project is finalized with a Notice of Completion. Funding for the annual janitorial services will be included in the Parks Division FY 2025-26 budget request. Please note that this park had a restroom and the cost to maintain the previous restroom was included in prior Parks’ operating budgets.

90 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, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500358 AYS

2. C2305_Public Restroom Improvement_Budget Tracking

3. September 1, 2020 Staff Report

91 Agreement No. 32500358
1 CONSTRUCTION CONTRACT FOR

PUBLIC RESTROOM IMPROVEMENTS - COLLEGE ESTATE PARK PROJECT SPECIFICATION NO. PW 23-28

BY AND BETWEEN

THE CITY OF OXNARD
AND AT YOUR SERVICE CONSTRUCTION & ENERGY, 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 AT YOUR SERVICE CONSTRUCTION & ENERGY, INC. (“Contractor”). Contractor’s license number is 330423. 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 PUBLIC RESTROOM IMPROVEMENTS - COLLEGE ESTATE PARK PROJECT as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 23-28 (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. RECITAL
S
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, a
s 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 Cont act 92 Agreement No. 32500358

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

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

2. Change Orders issued and approved by the City;

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

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Plans

7. Special Provisions

8. General Provisions

9. Appendices

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS

A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, a nd 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 sati sfaction 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 ac tion 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 C ontractor’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, 93 Agreement No. 32500358
3 without spe
cial instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.

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

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

4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A or B 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 Profes sions 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 bus iness 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 accordanc e with the terms and conditions of the Contract Documents , City will pay Contractor THREE HUNDRE D EIGHTY ON E THOUSAND EIGHT HUNDRED DOLLARS ($381,800.00), (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 Ex hibit “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 prosec uted to completion before expiration of seventy (70) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notic e to Proceed to the Contractor until this Contract, inc luding 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 Contrac t unless and until a Notic e to Proceed has been given to the Contractor by the City.

Contractor shall c ommence Work pursuant to the Contrac t Documents and as directed by the City in the Notice to Proc eed, and diligently ex ecute the same to completion within the Contract Time. 94 Agreement No. 32500358

4 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 Work s 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 non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action. 95 Agreement No. 32500358

5 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' ad vance 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 impr acticable or impossible to proceed, or because of conditions or events beyond the control of the Ci ty. 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 termi nation, 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 term ination, unless extended in writing by the City, upon written request by the Contractor. If the Contra ctor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contract or 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:
96 Agreement No. 32500358

6 1. becomes insolvent, assigns its assets for the be nefit 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 ther eafter, 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 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 thes e 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, in cluding 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.

97 Agreement No. 32500358

7 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, apprenti ce, 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 hi s or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

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

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

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

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

G. Statutory Penalties. The statutory penalties for fa ilure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
98 Agreement No. 32500358

8 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 penal ty 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.

11. LIQUIDATED DAMAGES

If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of five hundred dollars ($500) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deduct ed 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 me mbers, 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 99 Agreement No. 32500358

9 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 ex pense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-E attached as Exhibit B to this Contract.

15. [RESERVED]

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 Li abilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

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

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

3. In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or pr oceeding 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 incu rred by the City, its elected or appointed 100
Agreement No. 32500358

10 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 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, Contract or shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

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

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager shall have full and free access to such books and records at all reasonable times, 101
Agreement No. 32500358

11 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 discriminat e against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condi tion, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor sh all 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 enf orce 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 c ontemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.

B. The Contract Documents contain all of t he 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.

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Agreement No. 32500358

12 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, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: At Your Serv ice Construction & Energy, Inc. 5658 Cahill Avenue
Tarzana, CA 91356

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.

B. 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 Ci ty 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.

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.

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Agreement No. 32500358

13 30. CAPTIONS AND HEADINGS

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

31. OWNERSHIP OF DOCUMENTS

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

32. SUCCESSORS, HEIRS, AND ASSIGNS

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

33. GENDER; PLURAL

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

34. SEVERABILITY

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

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 expressl y 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, pr ovisions, 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. 104
Agreement No. 32500358

14 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 repr esents 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 ri ght or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's c onsent 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.

[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

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Agreement No. 32500358
15 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as st ated
herein and upon signature of all Parties.

CITY OF OXNARD AT YOUR SERVICE CONSTRUCTION &
E N E R G Y , I N C .

X Luis Mc Arthur, Mayor1 Date Moshe Yosef, CEO 2 D a t e ☐ Purchasing Agent
Yasmin Yosef, Secretary Date
ATTEST:

Date Lourdes A. López
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.
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Agreement No. 32500358

16 EXHIBITS

Exhibit A: Contractors Bid Proposal
Exhibit B: Form INS-E: Insurance Requirements
Exhibit C: [RESERVED]
Exhibit D: [RESERVED]
Exhibit E: [RESERVED]
Exhibit F: [RESERVED]
EXHIBIT G: Grant of Non-Exclusive Right of Entry Agreement Bonds

The corresponding exhibits and forms contained within follow.

107

EXHIBIT A - CONTRACTOR'S

BID PROPOSAL
108
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Agreement No. 32500358

EXHIBIT B

FORM INS-E
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS (WITH BUILDER’S RISK REQUIREMENT)

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

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-E. The certific ates 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 certificat es 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 o f insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

3. 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 activit ies 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 cont ain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-E or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

4. 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 appl y separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

6. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/23
110

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS  Certificates of Insurance
The sample accord form on the following page is provided to f acilitate your preparation and subm ission of certificates of insur ance. You may use this or any industry form that shows covera ge 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 beca use the City’s practice is to return unidentifiable insurance certificates to the insure d for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

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

INS-E.doc
111

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 CERTIF ICATE 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 BE EN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $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
S
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

BODILY INJURY
$
(Per accident)
PROPERTY DAMAGE $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, Course of Construction Insurance Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
112

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone: Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

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

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

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

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

Except as stated above nothing her ein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions 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-E.doc
113

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

Insurance Company:

Policy No.:

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

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

APPLICABILITY. This insurance pertains to the oper ations, products and/or tenancy of the named insured under all written agreements an d permits in force with the City unless checked here  in which case only the following spec ific 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 in consistent statement in the po licy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

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

Except as stated above nothing her ein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to wh ich 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
114

EXHIBIT C

RESERVED

115

EXHIBIT D

RESERVED

116

EXHIBIT E

RESERVED

117

EXHIBIT F

RESERVED

118

AGREEMENT MUST BE SIGNED BY AWARDED CONTRACTOR WHEN STAGING IN THE

CITY PROPERTY

EXHIBIT G

GRANT OF NON-EXCLUSIVE RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF OXNARD AND _______________
THIS RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT (the “Agreement”), is made and entered into by and between the City of Oxnard, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as the “Grantor”, and _____________, a California corporation, hereinafter referred to as the “Grantee.” Grantor and Grantee are sometimes hereinafter referred to individually as “Party” and collectively referred to as the “Parties.”
RECITALS:

WHEREAS, the Grantor is the owner of certain properties located in the City of Oxnard, Assessor’s Parcel Numbers 221-0-211-015 as more particularly described in Attachment A attached hereto and incorporated herein by this reference (the “Subject Properties”); and WHEREAS, _____________ is planning to secure a temporary non-exclusive right of entry on City of Oxnard property; and
WHEREAS,__________ will procure an agreement with a contractor who will utilize the Subject Properties for staging of construction equipment, materials, office trailer, vehicle parking and portable restrooms with overnight security; and
WHEREAS, In light of the benefits of the__________ and in cooperation with _______________, the Grantee is requesting the Grantor to permit the Grantee, its contractor and its representatives, servants, employees, subcontractors and other agents to enter upon the Subject Properties in order to use the Subject Properties, as well as any restoration thereto, in accordance with this Agreement; and
WHEREAS, the Grantor desires to permit the Grantee to enter upon and use the Subject Properties in accordance with the terms of this Agreement.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

Section 1. GRANT OF RIGHT OF ENTRY
The Grantor hereby grants the Grantee a temporary non-exclusive right of entry upon the Subject Properties for the purpose of use for working, lay down and staging areas, including the right to locate construction trailers and construction equipment, storing equipment and materials; on the areas shaded in pink and blue on Attachment “A” attached hereto and made a part hereof, hereinafter referred to as “staging area.” 119

Section 2. GRANTEE’S RESPONSIBILITY
The Grantee shall, at its sole expense, perform, or cause to be performed, all of the services associated with installing, maintaining, operating, repairing, and removing any improvements necessary to make the Subject Properties suitable for safe use of Subject Properties, in a manner causing the least amount of interference with the Subject Properties, including, without limitation, taking reasonable precautions to assure the safety of persons and property on the Subject Properties.

The Grantee shall erect and maintain temporary fencing and gates with a locking device to enclose the areas of use, and shall remove such fencing and gates at the end of the term of this agreement.

The Grantee shall comply with all applicable laws, ordinances, and regulations pertaining to its use. Grantee is required under State and local law to re-stabilize any disturbed locations within the area of use in order to control soil erosion and sediment runoff at the conclusion of the use of the Subject Properties by Grantee.

The Grantee shall restore, replace, or repair, as applicable, any of the Grantor’s property damaged or destroyed as a result of the Grantee’s right of entry on the Subject Properties during the Term of this Agreement.

Section 3. INDEMNIFICATION
The Grantee shall indemnify, defend, and hold harmless the Grantor, and its respective officers, officials, employees, agents, representatives, and assigns from and against any and all actions, suits, proceedings, claims, demands, losses, costs, expenses, and judgments for any injury or damage of any type claimed that may involve the Grantee, its contractor and its representatives, servants, employees, subcontractors and other agents resulting from or arising out of this Agreement, except in the case of Grantor’s gross negligence or willful misconduct Section 4. COMPENSATION [Optional]
Monthly Base Rent. During the Initial Term, Grantee shall pay to Grantor as rent for the Subject Properties, the amount of ______ ($____.00) per month (the “Monthly Base Rent”), for a total amount of ____________ ($____.00) as compensation for the Right of Entry use of Subject Properties. If Grantee extends the term of the Agreement, Grantee will pay Grantor Five hundred dollars ($___.00) per month and shall continue thereafter per month or for any portion thereof.

Section 5. TERM
The Term of this Agreement shall commence on _______ __,____ (the “Effective Date”) and shall terminate on _____ __, ____ (the “Expiration Date”).

However, if the work is not completed by the Expiration Date the right of entry shall be extended for thirty (30) calendar days after the Expiration Date of this Agreement, then Grantee’s right to enter the Subject Properties for the purpose of performing the work shall expire on that date (the 120

“Extended Expiration Date”). A request to postpone the Expiration Date any further than the Extended Expiration Date shall be accompanied by revised proposed scope of services and shall require the prior written approval of the Grantor.

Section 6. TERMINATION OR SUSPENSION
If Grantee is in violation of the terms and conditions set forth herein, this Agreement may be terminated or suspended provided Grantor provides Grantee with written notice of such violation. Grantee shall have thirty (30) calendar days from the date of receiving said written notice of violation, to cure such violation. In the event Grantee fails to cure the violation within the time prescribed herein, Grantor has the right but not the obligation to terminate this agreement at which point Grantee shall remove all of Grantee’s or its contractors equipment materials and fencing, etc. and shall restore the Subject Properties to its original conditions.

Section 7. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 8. NOTICES
a. Any notice to be provided pursuant to this Agreement 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 the Grantor: The City of Oxnard [ATTN ] Address To the Grantee: Contractor [ATTN] Address b. Notices 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. The parties to this Agreement may change their notification addresses from time to time upon written notice to one another.

Section 9. INSURANCE

14. INSURANCE
Grantee shall procure and maintain at its own expense at all times during the period covered by this Agreement the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-X attached.

Section 10. INTERPRETATION
Any rule of construction which states that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
121

Section 11. WAIVER
a. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective, unless executed in writing and signed by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 12. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 13. 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 Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 14. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 15. RIGHTS AND REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, 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 or any other default by the other party.

Section 16. MUTUAL COOPERATION
The parties hereto agree that they will each cooperate with the other, and shall provide such information and documentation as is reasonably necessary to fulfill the intent of this Agreement, and shall make diligent response to inquiries and requests for information from the other party.

Section 17. VENUE
122

All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable Court of competent jurisdiction in the County of Ventura, California.

Section 18. ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 19. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.

Section 20. COUNTERPARTS
This Agreement 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 Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of _________________________, 2024.

GRANTOR GRANTEE
The City of Oxnard ______________________________

By: ______________________ By: ___________________________ Public Works Director ______________________________

Approved as to Form

By: ______________________
Stephen Fischer
City Attorney

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ATTACHMENT A

Parcel Numbers: 221-0-211-015

124

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as PUBLIC RESTROOM IMPROVEMENTS - COLLEGE ESTATE PARK PROJECT SPECIFICATION NO. PW 23-28.

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 a nd 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 o f D o l l a r s ( $ ) , t h i s
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 aw arded 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 125

Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e 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 Sure ty 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.
126

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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 D o l l a r s ( $ ) , t h i s
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 S UCH 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 127

Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

D a t e d :

“Principal”

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated, all Sure ty signatures must be notarized, and evidence of the authority of any person signing as attorney-i n-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.

128
Public Restroom Improvements C2305 Construction
Contract Award
Authorized
Contingency
ESPIM Authorized
Funding
Total Project
Value Budget Balance
Starting Budget Balance $2,403,804.46
College Estates Park Restroom PW 23-28
32500358 $381,800.00 $38,180.00 $38,180.00 $458,160.00 $1,945,644.46 129

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.12

DATE: September 1, 2020

TO: City Council

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

SUBJECT: Automatic Public Toilets as Standard for Future Restroom Projects.

RECOMMENDATION

That the City Council approve and authorize City staff to adopt prefabricated self-cleaning Automatic Public Toilets (APT) as the standard restroom for future park restroom projects. (Public Works and Transportation Committee approved 3-0)

BACKGROUND

The Public Works Parks Division (Parks) installs and maintains public restrooms in City parks. There are 27 City park restrooms that are funded by the General Fund and 9 restrooms funded by Special Districts. Restroom facility construction ranges from prefabricated buildings to cinder block construction. Maintenance can be labor intensive, time consuming and expensive because of limited staff and the high public demand on these facilities. Parks has two (2) full- time employees dedicated to open, clean and stock the restrooms and Special District contracts restroom maintenance.

Restrooms are repaired as needed and cleaned daily; however, their heavy use and misuse by the public makes cleaning difficult. For example, a restroom can be cleaned and become filthy immediately after a single use. Moreover, it is not always possible to keep to an established cleaning schedule since staff is regularly pulled away to address other park concerns. Vandalism and theft are also persistent problems in park restrooms.

DISCUSSION
To better address the recurring maintenance and vandalism issues in park restrooms, the Public Works Department recommends the adoption of a restroom standard that can mitigate these issues for all future public restrooms. The selection must balance Park's staff and the Parks and Recreation and Community Services Commission’s desires to have restrooms that are visually appealing, cost-effective to install and easy to clean. The design must also address vagrancy, vandalism and anti-social loitering.

Staff analyzed two (2) types of restroom construction; build-in-place and prefabricated. Staff does not recommend the build-in-place restroom due to the high costs of construction and only focused on prefabricated options because of their lower cost and easy installation. Further research revealed that in addition to being lower cost, prefabricated restrooms are durable and can be put in place fairly quickly since they do not require detailed design plans and costly architectural drawings. The following options were evaluated:

APT Exeloo (prefabricated) $214,739
Public Restroom Company (prefabricated) $247,884
Build-in Place (standard block) $448,000
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City staff is recommending that Automatic Public Toilets (APT) be the new standard. Unlike traditional prefabricated restrooms, APTs have a minimal footprint, provide ADA accessibility, and are relatively easy to install and relocate while providing a functional design with intelligent features. They provide an automated wash down system that washes the unit with disinfectant and water spray after every 30 uses and then dries the surfaces with high-pressure fans before becoming available for the next user which meets the County of Ventura cleaning and sanitizing protocol for COVID-19.

APT systems also have an electric door operation that can be set to lock the units at night and open them again at a preset time in the morning, saving staff time and resources. The automated system also captures a large amount of statistical data that can be used by staff to optimize their operation.

The APT Exeloo Jupiter 22DD offers the following features and benefits:
 Custom design – A wide range of aesthetic options available.  Toilets - Toilets are stainless steel. Toilets come equipped with a toilet seat.  Automated sliding doors with time limits – Limit occupancy to 10-minutes to eliminate homeless residency and improve sidewalk traffic safety.
 Self-cleaning – The 5 stage self-washing cycle is activated after 30 uses. The cycle sanitizes, washes, and dries the high traffic and odor areas including the floor and toilet seat. This feature meets the County of Ventura cleaning and sanitizing protocol for Covid-19.
 Operational efficiency – Set lock and unlock times reduce the number of cleans throughout the day with self- washing function, and limits consumables with intelligent and automated fixtures.  3 in 1 washbasin – The recessed lavatory provides soap, water, and drying in one compact unit. This design reduces vandalism and discourages use for any purpose other than washing hands.  Fully accessible single occupancy cubicle – Safe and convenient facility for people of all ages and abilities.  Minimal footprint – The Exeloo Jupiter takes up no more space than approximately a 1 car parking space and is delivered fully assembled ready to plug and play minimizing disruption during commissioning.  User comfort – Ceramic tiled interior reduces odor, improves cleaning efficacy, and provides an inviting and pleasant environment.
 Safety and security – Different colored lights are positioned on the front of the unit to display the status of the restroom. The lights are designed to increase the ability to monitor from a distance and will indicate the following: Vacant, Occupied, Washing, and Closed.
 Usability – With data taken from units around the world the Exeloo Jupiter twin stall has the capability of serving 200-350 people per day. If usage is found to be greater after the unit is installed a third stall can be easily added.

The Public Restroom Company prefabricated restroom has many of the same features as the Exeloo but lacked the following:
 Automated sliding doors
 Self-cleaning
 Operational efficiency
 3 in 1 washbasin
Upon comparison of the two (2) prefabricated options, Staff determined that the APT Exeloo product as the best solution for the City. The Exeloo meets the City’s performance needs by addressing the following:

1. Maintenance costs and staff time can be reduced by 2/3 that of traditional build in place restrooms.

2. A 10 minute occupancy limit can be programmed to eliminate unwanted activities and vagrancy. Restroom users are warned at 8 minutes, an alarm goes off at 9 minutes and at 10 minutes the automatic doors open. Signs are posted inside and outside the restroom describing the 10 minute occupancy limit. 131

3. The wash basins are designed with a shallow pan which prevents laundry activities.

4. All components are constructed inside the restroom walls, preventing breakage or theft of soap dispensers, toilet paper and hand dryers. Smooth tile walls allow easy graffiti removal.

5. The design of a 3 inch connection from the toilet to the sewer prevents blockage.

6. The Exeloo can be outfitted with many different types of interior and exterior design elements

7. The automatic wash element keeps the restroom clean and fresh for all users.

Due to the Covid-19 pandemic, the Parks and Recreation and Community Services Commission (Commission) has not met since February 2020. Therefore, an ATP staff report was not presented to the Commission. However, it was shared with the Parks and Community Services Commission Restroom Ad Hoc Committee and they were in agreement with the ATP Exeloo choice. If approved, APT restrooms will be the standard for all future park restroom capital improvement projects.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to build relationships and create opportunities within the community for safe and vibrant neighborhoods, which will showcase the promising future of Oxnard. This item supports the following goals and objectives:

Goal 1. Improve community safety and quality of life through a combination of prevention, intervention, and suppression efforts that address crime and underlying issues.

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to establish, preserve and improve our infrastructure and natural resources through effective planning, prioritization, and efficient use of available funding. This item supports the following goals and objectives:

Goal 4. Ensure proper construction and maintenance of infrastructure to provide maximum benefit with lowest life cycle cost following CIP plans.

Objective 4b. Catch up on deferred maintenance for City facilities.

FINANCIAL IMPACT

The average cost to purchase the Automatic Public Toilets (APT) Exeloo model currently ranges from $197,239 to $214,739, depending on design. The installation cost is separate and to be done by lowest bid on a project by project basis. Funding will be identified at the time of purchase and installation.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on July 28, 2020 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Exeloo Jupiter Floorplans
132

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: February 4, 2025

TO: City Council

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

SUBJECT: Trade Service Agreement 32500297 with County First Fire, LLC (dba County Fire Protection) for Fire Extinguisher Services, Specification No. PW 25-46.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with County First Fire, LLC (dba County Fire Protection) for a two-year term from February 5, 2025 to February 4, 2027, for a total contract amount not to exceed $200,000 for fire extinguisher services in various City facilities, vehicles, and equipment.

(As of the date of this City Council agenda being posted, there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)

BACKGROUND

Citywide facilities and vehicles are equipped with fire extinguishers needing annual inspection, servicing, and certification and/or replacement by a licensed and certified portable fire extinguisher contractor. There are over 1,000 hand-held fire extinguishers located throughout the City in public office buildings, repair shops, ancillary buildings, equipment, machinery, fire trucks, and other service vehicles operating throughout the City. Fire extinguishers range from just less than a pound to 30 pounds in size with chemical-based fire suppression agents that are pressurized by compressed air, nitrogen, or carbon dioxide. These fire suppression devices require annual inspections, maintenance, and repairs to ensure regulatory compliance and safeguard public health, safety, the environment, and City property. This service contract allows for the devices to be properly serviced to ensure that the units are operable and ready for use in case of an emergency.

County First Fire, LLC (dba County Fire Protection) has provided fire extinguisher services to the City since 2019. The most recent two-year agreement, valued at $200,000, enabled City staff to determine that the City has been averaging less than $100,000 annually for these services. The trade service agreement was established for a not-to-exceed (NTE) amount of $200,000, which is within the Purchasing Manager’s authority per the Purchasing Policy. Purchase Orders, using the unit prices in the Agreement, are created for a specific amount for the specified services subject to available funds from each applicable division/department.

Although this agreement is within the Purchasing Manager’s purchasing authority, County Fire Protection also has another agreement with the City for inspecting, testing, and maintaining facility fire sprinkler systems since December 2021. Together, the agreements exceed the $200,000 annual purchasing limits with a single vendor for the City Manager’s approval; therefore, City Council action is necessary for the new fire extinguisher services agreement.

DISCUSSION

On October 24, 2024, staff issued Request for Bid (RFB) #25-46 to establish a fire extinguisher service agreement. The RFB was directly shared with two potential vendors and published on www.PublicPurchase.com as well as the City’s Purchasing website. The submission period closed on November 6, 2024, with County First Fire, LLC emerging as the 133
sole responsive bidder. Procurement staff reviewed all documentation submitted by County First Fire, LLC. Staff verified that the required, currently valid licenses were in place, checked the federal Occupational Safety and Health Administration (OSHA) website for any safety violations, and confirmed registration with the California Department of Industrial Relations (DIR). Based on the available information and the research conducted, staff believes that the contractor is capable of successfully completing the project. Therefore, staff recommends that the City Council award the contract for this project to County First Fire, LLC.

Work under this agreement will be managed through Task Orders that are issued by the Project Manager before any work begins during normal business hours. For after-hours work, a Task Order must be submitted by the next business day. The Contractor is required to provide all necessary labor, materials, equipment, and other incidentals necessary to perform both scheduled and unscheduled work for the Public Works Department. All labor performed under this Agreement will be compensated at prevailing wage rates.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with County First Fire, LLC shall not exceed $200,000 over two years. Costs for these services are included in the Fiscal Year 2024-25 Adopted Budget. These funds are charged to the respective departments and divisions based on the City Council-approved funding within their budgets. The funds will only be paid for the actual services rendered as part of this Agreement and there are no guaranteed spending amounts. Subsequent fiscal year allocations will be requested during the annual budget process.

COMMITTEE OUTCOME

As of the date of this City Council agenda being posted, there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500297

2. Prior Agreement 32300124 Schedule of Compensation

134

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND

COUNTY FIRST FIRE, LLC

DBA COUNTY FIRE PROTECTION
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of County First Fire , LLC dba County Fire Protection (“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. SUMM
ARY DESCRIPTION OF SERVICES. This Agreement is for inspec tions, maintenance, and repairs of portable fire extinguishers.

2. PAR
TIES.

CIT
Y OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Coun
ty First Fire, LLC dba County Fire Protection (“SERVICE PROVIDER”), an LLC of the State of California, located at 1884 Eastman Avenue #104 Ventura, California 93003

3. TERM
OF AGREEMENT: From : February 5, 2025 To : February 4, 2027

3.1 Ti
me is of the essence in this Agreement.

3.2 This Agreement does not have any options to extend.

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

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

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4. AGREEM
ENT AMOUNT NOT TO EXCEED: $ 200,000.

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

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 se rvices shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Ted Quiroz Name: Josiah Swim
Title: Facilities Manager Title: Manager Phone: 805-385-8082 Phone: 805-650-1971 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Avenue, Building 3
Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

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

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

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

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7.4 SER
VICE 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.

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 Agreement No. 32500297

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those S
ervices, and total amount due for the month. Invoices may be emailed to:
[email protected].

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

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

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

11. OPTION TO EXTEND AGREEMENT.

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

12. MODIFICATION OF AGREEMENT.

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

13. TERMINATION OF AGREEMENT.

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

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16. SAFET
Y REQUIREMENTS.

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

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

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

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

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

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

17.3. Ownership – Generally. All in ventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees Agreement No. 32500297

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that CI
TY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

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

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

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

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

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

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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, 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 Agreement No. 32500297

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PROV
IDER’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 representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the Agreement No. 32500297

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amount o
f 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

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 Agreement No. 32500297

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evading t
hese 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 inter est 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. [RESERVED]

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 Agreement No. 32500297

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dilig
ently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal 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 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.

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34. NONDISCRI
MINATORY EMPLOYMENT.

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

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY.

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.

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

40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.

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

42. INCONSISTENT OR CONFLICTING TERMS.

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

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

CITY OF OXNARD COUNTY FIRST FIRE, LLC DBA

COUNTY FIRE PROTECTION

☐Luis Mc Arthur, Mayor1 Date Dan Swim, Manager Date ☐Jennifer Yates, 2
Purchasing Manager

Josiah Swim, Manager3 Date

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.

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EXHIBI
T A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and County First Fire, LLC
dba County Fire Protection)

SCOPE OF SERVICES

CITY PROJECT MANAGER FOR THI S AGREEMENT: Juan Martinez / 805- 385-8064 / [email protected]

The service agreement includes contract pricing to provide the necessary equipment, materials, parts, and l abor to conduct inspections, maintenance, and repairs to portable fire extinguishers located at the facilities and/or equipment listed in Exhibit A.

Service requests include, but may not be limited to scheduled and non- scheduled services to fire extinguishers. All Work must comply with and be performed in accordance with current industry standards, codes, and ordinances, including but not limited to, Oxnard Fire Department (“OFD”), Oxnard City Code (“OCC”), National Fire Protection Association (“NFPA”), California Fire Code (“CFC”), the Contract Documents, and the fire extinguisher manufacturers recommendations.

City Facilities are located throughout the City of Oxnard as shown in the attached Appendix A. The City reserves the right to add additional locations and/or remove City facility locations and services during the term of the Contract.

2.0 SCOPE OF WORK
Unless otherwise indicated, items of Work are inclusive to the necessary equipment, materials, parts, and labor to conduct inspections, maintain and repair portable fire extinguishers located at various city-owned facilities. Service calls shall be initiated by the Project Manager or Designee. Any code interpretation questions shall be addressed to the City of Oxnard Fire Marshal.

The markup on parts and materials shall not exceed 15% of the Contractor's cost. The Scope of Work shall include, but not be limited to:

General Requirements

 The Service Provider shall assess the facility surroundings to determine necessary safety measures to protect City Staff and members of the public who may be present during the course of the Work; and if necessary shall furnish and provide necessary safety measures such as barricades, delineators, and/or warning signs.

 The Service Provider shall be responsible for the collection, separation, storage, Agreement No. 32500297

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and dispos
al of all waste generated by the Task Order. Waste materials, scrap, and debris shall be removed from walkways and work areas at the end of each Workday; and equipment and vehicles shall not be parked on the traveled way or on any section where traffic is restricted at any time unless approved in advance by the Project Manager or Designee.
 Work shall be performed only when directed by the Project Manager or Designee and upon receipt of a fully executed Task Order issued by the City.  Perform site visits with the Project Manager or Designee to identify fire extinguisher locations; provide cost estimate with anticipated start and completion times. Cost estimate shall be provided within three (3) working days once the Scope of Work for the service request has been mutually agreed upon; unless additional time is needed and mutually agreed upon by the Project Manager or Designee and Service Provider.  Upon arriving at the facility and prior to beginning Work, the Service Provider shall inspect, document, photograph, and notify the Project Manager or Designee of any observational issues, problems, obstructions, vandalism, or safety hazards needing City attention.
 All work shall comply with applicable Occupational Safety and Health Act (OSHA) standards to protect public health and safety; property, and the environment. Applicable requirements such as of 29 CFR 1910/1926, 40 CFR 761, including but not limited to local, state, and federal health and safety requirements.  The Service Provider shall supervise and direct the efficient performance of all Work in accordance with t he Service Provider’s best skill, attention, judgment, industry standards, and/or any applicable manufacturer’s instructions, so as to not in any way endanger occupants or void a manufacturer’s warranty. Service Provider shall be responsible for overseeing the Work for the means, methods, techniques, sequences , and the adequate numbers of skilled workers who are thoroughly trained, licensed, and certified to provide the inspection, testing, maintenance, and minor repair service tasks required under the Contract Documents.
 In the event that Work performed shall require obstruction of pedestrian walkway, the Service Provider shall coordinate obstruction needs with the Project Manager or Designee.

Worksite Security Procedures and Conduct while Working at City Facilities.

 Service Providers and subcontractors shall wear neat-appearing uniforms (shorts not permitted) and footwear of a style that complies with all legal and

safety requirements, including the requirements of the Occupational Safety and Health Act (OSHA). Service Providers and subcontractors must wear identification showing from whom they are employed. Service Provider to wear appropriate Personal Protective Equipment (PPE) and shall be worn at all times while performing services.

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 Servi
ce Provider shall comply with instructions pertaining to conduct and building regulations as directed by the City.
 Proper behavior and language by Service Providers and subcontractors on City property are strictly required. Service Provider shall be prohibited from disturbing items in City facilities, and from smoking in any City facility.  Tools, materials, equipment, and s upplies used in the performance of these services shall be in a good state of repair, safe to use, and be used in the manner in which they were intended. All tools, materials, supplies , and equipment must be picked up by the Service Provider at the end of each work day, and leave the Workspace in which they were working clean, safe, and free of debris.
 Service Provider shall be required to successfully complete a City standard security clearance conducted by the Oxnard Police Department within thirty Working Days of the award of this contract. This security clearance may include, but not be limited to, live scan and FBI background checks. This security clearance is required when working in the Public Safety Building and other areas of a sensitive nature designated by the City. Th e Service Provider must have a qualified employee’s security cleared and have on call at least one (1) security-cleared employee for after -hours Work. Any employee denied security clearance shall be restricted from entering the designated worksites, and the Service Provider shall provide an employee who has successfully obtained security clearance. Any cost for obtaining security clearance will be the responsibility of the Contractor.
 Service Provider to abide by all posted speed limits on City property.  Service Provider’s vehicles shall be in good condition. All Service Provider's vehicles shall conform to all applicable State and Federal regulations; and be fully equipped and maintained.

Service Work

When requested, maintenance, inspections, and on- call minor repairs for fire extinguishers may include, but shall not be limited to the following:

 The inspections are intended to provide assurance that the system(s) are ready for use and operable.
 Fire Extinguishers shall be manually inspected annually or at more frequent intervals when circumstances require such as when specifically indicated by an inspection tag.
 Inspections and service of fire extinguishers shall include, but not be limited to, the following items:
• Location in designated place.

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• No obstr
uction to access or visibility.
• Safety seals and tamper indicators are not broken or missing. • Fullness determined by weighing or "hefting".
• Examination for obvious physical damage, corrosion, leakage, or clogged nozzle. • Pressure gauge reading or indicator in the operable range or position. • Condition of tires, wheels, carriage, hose, and nozzle checked (for wheeled units).

Stored pressure type containing a loaded system agent shall be disassembled on an annual basis and subjected to complete maintenance.
• A conductivity test shall be conducted annually on all carbon dioxide hose assemblies. Hose assemblies found to be nonconductive shall be replaced. • Every six (6) years, stored- pressure fire extinguishers that require a twelve (12) year hydrostatic test shall be emptied and subject to the applicable maintenance procedures. The removal of the agent shall only be done using a listed halon closed recovery system. When applicable maintenance procedures are performed during periodic recharging or hydrostatic testing, the six (6) year requirement shall begin from that date.
• Non-rechargeable fire extinguishers shall not be hydrostatic tested but shall be removed from service at a maximum interval of twelve (12) years from the date of manufacture.
• A hydrostatic test shall always include both an internal and external visual examination of the cylinder.
• The agent stored-pressure wetting agent fire extinguishers shall be replaced annually. Only the agent specified on the nameplate shall be used for charging. • Only those agents specified on the nameplate or agents proven to have equal chemical composition, physical characteristics, and fire-extinguishing capabilities shall be used. Agents listed specifically for the use with that fire extinguisher shall be considered to meet these requirements.
• All rechargeable-type fire extinguishers shall be recharged after any use or as indicated by inspection. After recharging, a leak test shall be performed on stored- pressure and self-expelling types of fire extinguishers.  Inspection records are required and shall include, but not be limited to the following:
• Service Provider shall k
eep records of all fire extinguishers inspected, including those found to require corrective action.
• The date the inspection was performed and the initials of the person performing the inspection shall be recorded.
• Records shall be kept on a tag or label attached to the fire extinguisher, on an inspection checklist maintained on file that provides a permanent record in accordance Agreement No. 32500297

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with t
he NFPA guidelines governing the standard for portable fire extinguishers and sprinkler and standpipe systems.
• Each fire extinguisher shall have a tag or label securely attached that indicates the month and year the maintenance was performed and that identifies the person performing the search.
 Examination of Cylinder Conditions. Where a fire extinguisher cylinder or shell has one or more of the following conditions, it shall not be hydrostatically tested but shall be condemned or destroyed by the Vendor at the City's direction.

• Where repairs by soldering, welding, brazing, or use of patching compounds exist. • Where the cylinder threads are worn, corroded, broken, cracked, or nicked. • Where there is corrosion that has caused pitting, including pitting under a removable nameplate or name band assembly.
• Where the fire extinguisher has been burned in a fire. • Where a calcium chloride type of extinguisher agent was used in a stainless-steel fire extinguisher.
• Where the shell is of copper or brass construction joined by soft solder or rivets.

• Where the depth of a dent exceeds 1/10 of the greatest dimension of the dent if not in a weld, or exceeds¼ in. (0.6 cm) if the dent includes a weld. • Where any local or general corrosion, cuts, gouges, or dings have removed more than 10 percent of the minimum cylinder wall thickness. • Where a fire extinguisher has been used for any other purpose other than that of a fire extinguisher.
• When a fire extinguisher cylinder, shell, or cartridge fails a hydrostatic pressure test or fails to pass visual examination, it shall be condemned or destroyed by the owner's agent.
 Seals or Tamper Indicators. At the time of the maintenance, the tamper seal of a rechargeable fire extinguisher shall be removed by operating the pull pin or locking device. After the applicable maintenance procedures are complete, a new tamper seal shall be installed.

Reporting Requirements

At the completion of the Work of a Task Order, the Contractor may be asked to provide a summary report to the Project Manager or his Designee with finding details, along with a list of materials replaced, and Task Order reference information provided by the Project Manager. The inspection, testing, and preventative maintenance report form(s) shall

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meet or
exceed applicable regulatory requirements for the proper inspection, testing and maintenance of fire extinguisher devices. Service Provider shall be responsible for updating the inspection, testing and maintenance report form(s) in a timely manner to reflect current codes, ordinances and requirements as they may change from time to time throughout the Contract term.

3.0 RESPONSE TIME

Response times by the Service Provider for requests made by the City via telephone call or email to the Service Provider are to be made within the specified time periods stated below.

Service Provider shall respond to all urgent requests twenty-four (24) hours per day, three hundred sixty-five (365) days per year, including nights, weekends , and holidays. Service Provider shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid Sheets.

Response time by the Service Provider shall be as stated below:

Non-Scheduled Urgent Minor Repair Work (Bid Items 6 and 7):

Service Provider must verbally respond within thirty (30) minutes of telephone or email notification by the City. Service Provider must be on-site within two (2) hours of the notification and begin work immediately. Urgent minor repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health, or property.

For urgent minor repairs needing time-sensitive attention and authorized to start Work ahead of a Task Order/Purchase Order, the Service Provider shall submit to the Project Manager or Designee an invoice or cost estimate within 48 hours from the time the Work was authorized. The cost estimate shall list the Scope of Work, materials, labor times, schedules, and related items for urgent minor repairs completed and/or underway. Bulk charges will not be accepted; and hourly rates listed shall be consistent with the hourly rates agreed. When the extent of urgency is no longer necessary because the threat to public health and safety and/or property is no longer present, the Service Provider shall coordinate with Project Manager or Designee to schedule minor repair and maintenance Work. Scope of Work to complete the minor repairs may require a separate cost estimate for non-scheduled urgent minor repairs.

Scheduled Minor Repair and Maintenance Work (Bid Item 5):

Service Provider must verbally respond within four (4) hours of telephone or email notification by the City. The scope of Work and schedule shall be mutually agreed to between the Project Manager or Designee and Service Provider before Work begins.

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between th
e hours of 8:00 am and 5:00 pm unless otherwise agreed to by the Project Manager or Designee and Service Provider. Upon issuance of the task order for routine maintenance work and minor repairs, the Service Provider is expected to commence the work within three (3) Working Days.

4.0 SERVICE ESTIMATES AND TASK ORDER PROCESS
Service Estimates:

All service requests shall include an estimate provided by the Contractor that describes the Work performed with itemized rates in categories that are consistent with the approved contract. Service estimate shall include itemized items such as time (hourly) estimate anticipated to complete the service request, materials cost (actual cost plus 15% percent markup), and local sales tax (currently 9.25%). Work cannot be listed as a lump sum total with labor, materials, and other related/inclusive line items. The service estimate is required for the Project Manager or Designee to initiate the Task Order/Purchase Order approval process.

Task Orders:

All Work shall be pre- approved by a Task Order/Purchase Order issued by the Project Manager or Designee prior to starting Work. The Task Order/Purchase Order shall include cost breakdowns consistent with bid sheet pricing, all materials, labor, and sales taxes. A separate invoice is required for each Task Order issued pursuant to the Contract. Service Provider is required to itemize the number of hours it will take for completion of a Task Order. Material and equipment rentals will be reimburs ed at cost (Service Provider must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and the Service Provider will be required to itemize the supplies cost. When requested, the Contractor shall provide copies of receipts.

5.0 PAYMENT

Work may not begin without an approved Purchase Order. Payment will not be processed without an approved Purchase Order. In the case of Non-Scheduled Urgent Work, if the Work was completed and invoiced promptly, then the invoice may be submitted instead of the proposal. The invoice rates must also have the itemized documentation which complies with the contract.

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

To assist with payment processing and avoid payment delays, ALL invoices shall be emailed to [email protected], and/others as directed, including the Project Manager (Cc’d). In addition to all other Contract requirements, invoices shall include Project related information to facilitate the payment process. Reference information such as:

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- Invoic
e Number
- Estimate # | Task Order/Purchase Order #s
- Indicate if Partial/Final Invoice (Partial Invoicing shall be pre-approved) - Project Name & Address | Project Manager
- Description of Work including itemized costs as stipulated in the Contract - Include copies of receipts for materials
- Copies of signed change orders (if applicable)

6.0 WARRANTY
 The Service Provider shall warranty all minor repair services against defective materials and workmanship for a period of one (1) year from the date of completion of the service request. Damage due to accidents, acts of nature, and service power surges, including those from sabotage and/or vandalism, are exempt from the warranty.  W hen defective material and/or workmanship is discovered that requires minor repairs to be made under the warranty, all such work shall be performed by the Contractor at its own expense within five (5) calendar days or as agreed soon thereafter, after written notice of such defect has been given to Service Provider by the City. Should the Service Provider fail to repair such defective material and/or workmanship within five (5) calendar days thereafter, the City may at the City’s sole discretion cause the necessary minor repairs to be made by others at the expense of the Service Provider

 During the warranty period, the Contractor may be required to coordinate warranty repairs with the appropriate manufacturer or installing subcontractor(s). T he Service Provider shall notify the Project Manager or Designee in writing of any undue delays by the manufacturer or installing subcontractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.

 Parts provided by the City shall be excluded from the defective material warranty requirement.

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Agreement No. 32500297

PARTS AND CHEMICAL PRICE LIST
Separate Charges from Above Services

PARTS PRICE
0-Ring Seals $ 4.95
Valve Stem Assemblies $ 18.95
Nitrogen Charge $ 11.95
Wall Brackets $ 10.95
Pull Pin Locks $ 3.95
ABC Chemical (Per Lb.) $ 5.95
CO2 Chemical (Per Lb.) $ 8.95
Halon Chemical (Per Lb.) $ 21.95
TOTAL TABULATION: $ 87.60

SERVICES

SERVICE DESCRIPTION RATE
On Call Maintenance
Services
Hourly Rate Monday-
Friday 8:00am-5:00pm
$ 75.00
Per Hour (1hour
minimum)
On Call Urgent
Maintenance Services
Hourly Rate Monday-
Friday 5:01pm - 7:59am,
weekends and holidays *2
hour response time
$ 95.00
Per Hour (3 hour
minimum)
Employee Hands on Fire
Extinguisher Training Per Session
$ 245.00
Per Session
Service, Refill, and
Recharge CO2 Fire
Extinguishers Discharged
During Fire Training
Per Unit
$ 75.00
Each
CO2 Refill associated with
Fire Training Per Pound
$ 8.95
Per Pound
TOTAL TABULATION: $ 498.95

EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and County First Fire, LLC
Dba County Fire Protection)

SCHEDULE OF COMPENSATION
_____________________________________________________________________________________________________________________________ Service to Fire Extinguishers by Size
7/8
LBS

2.5 LBS

2.5 Gallon
water

2.5 Gallon
kitchen
5 LBS
10 LBS
10 LBS
Halon
15 LBS C02
20 LBS
20 LBS C02
30 LBS
Annual External
Service Breakdown and
Certification
$ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 Each Each Each Each Each Each Each Each Each Each Each
Annual Internal
Service Breakdown and
Certification
$ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 65.00 $ 65.00 $ 24.95 $ 65.00 $ 45.00 Each Each Each Each Each Each Each Each Each Each Each
Annual Hydrostatic Testing of Fire
Extinguishers
$ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 65.00 $ 125.00 $ 45.00 $ 125.00 $ 85.00 Each Each Each Each Each Each Each Each Each Each Each
Purchase of New Fire Extinguisher
$ 68.00 $ 295.00 $ 349.00 $ 84.00 $ 195.00 $ 965.00 $ 550.00 $ 295.00 $ 890.00 Each Each Each Each Each Each Each Each Each
TOTAL TABULATION: $ 94.90 $ 162.90 $ 389.90 $ 443.90 $ 178.90 $ 289.90 $ 1,119.95 $ 764.95 $ 389.90 $ 1,104.95 $ 154.95

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EXHIBI
T C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and County First Fire, LLC
dba County Fire Protection)

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, includi ng 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 L iability 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 endors ements 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 endors ement 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 con taining 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. 32500297

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Oxnard City CouncilFebruary 4, 2025

Oxnard City Council
February 4, 2025