Agenda packet — Oxnard City Council, March 4, 2025 (part 1 of 2)

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)

AMENDED AGENDA
(Amended 2/25/25 to add new item, C-3 and Closed Session Time Changed to 4:30 PM)

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street March 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: 867 2686 7816

3. Passcode: 398669
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 March 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 REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: A portion of Northwest corner of Cooper Road and Bonita Avenue (APN 201013201) Agency Negotiator: Michael L. Wolfe, Public Works Director and Hamner, Jewel & Associates Negotiating Party: Oxnard School District
Under Negotiation: Price and terms of payment
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Lucia Aldana, et al. v. City of Oxnard, et al.

Ventura County Superior Court, Case No. 56-2020-00547139-CU-PO-VTA Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case regarding the Shoals Energy Storage Project (County of Ventura Permit No. PL24-0024).

Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 2025 as "Women's 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 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: Approval of Minutes.

RECOMMENDATION: That the Oxnard Housing Authority Board of Commissioners approve the minutes of the February 4, 2025 regular meeting as presented.

Legislative Body: Oxnard Housing Authority
Contact: Luly Lopez, (805) 385-7805

2. City Attorney Department
SUBJECT: Adoption of Ordinance Implementing Specific Provisions of the Court of Appeal's Decision Regarding the City Treasurer
RECOMMENDATION: That the City Council adopt an ordinance titled:

3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING

SPECIFIC PROVISIONS OF THE OXNARD CITY CODE TO TRANSFER THE DUTIES

RELATING TO THE COLLECTION OF FEES AND TAXES FROM THE CITY TREASURER

TO THE POLICE CHIEF, AND MODIFY THE PROCEDURE FOR THE

PAYMENT OF DEMANDS, WARRANTS AND CHECKS SO THAT CERTAIN DUTIES HELD BY THE CITY TREASURER ARE TRANSFERRED TO THE ASSISTANT CITY TREASURER.

(This item did not originate in Committee)
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

3. Finance Department
SUBJECT: Monthly Investment Report as of January 31, 2025.

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

4. Housing Department
SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2024.

RECOMMENDATION: That the City Council receive and file the 2024 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092

5. Housing Department
SUBJECT: Yardi Systems Inc., Software License and Service Agreement for Oxnard Housing Authority.

RECOMMENDATION: That the Oxnard Housing Authority Board of Commissioners approve and authorize the Chair to execute a five-year Software as a Service (SAAS) Subscription Agreement (A-8577) with Yardi Systems Inc., a database client software for the operations related to the Public Housing Program and the Housing Choice Voucher Program, in an aggregate amount of $344,961.75 plus annual Consumer Price Index increases.

(The Community Services, Public Safety, Housing and Development Committee approved 3-0 on February 11, 2025.)
Legislative Body: Housing Authority
Contact: Brenda Lopez, (805) 385-8092

6. Police Department
SUBJECT: Federal and State Asset Forfeiture Funds

RECOMMENDATION: That the City Council approve a budget appropriation in the amount of $162,000 for the use of Federal (Fund 191 - $95,000) and State (Fund 192 - $67,000) Asset Forfeiture Funds allocated to the City of Oxnard's Police Department.

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

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

7. Public Works Department
SUBJECT: Public Project Agreement 32500418 with R.E. Schultz Construction, Inc. for Citywide Playground Replacement Project – Del Sol Park, Specification No. PW 25-16.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $262,248.00 in Project funds for the Citywide Playground Replacement Project – Del Sol Park, Specification No. PW 25-16;

2. The Mayor to Execute an Agreement with R.E. Schultz Construction, Inc. in the amount of $218,540.00 and a Project contingency amount of $21,854.00 (10%) with R.E. Schultz Construction, Inc. for a total not to exceed value of $240,394.00 for the Project; and

3. A Project allocation amount of $21,854 (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

8. Public Works Department
SUBJECT: Purchase Order with Municipal Maintenance Equipment for VAC-CON for Wastewater Division.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Municipal Maintenance Equipment (MME) in the amount not to exceed $779,155.72 for the purchase of a VAC-CON sewer cleaning vehicle mounted on a Freightliner 114SD truck chassis for the Wastewater Division.

(Public Works and Transportation Committee approved 3-0 on January 28, 2025) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

9. Public Works Department
SUBJECT: Second Amendment to Agreement 32300154 with Auto Body International for Light and Medium Duty Paint and Body

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to an Agreement with Auto Body International in the amount of $450,000 for a new total amount not to exceed $825,000 for paint and autobody repairs for City vehicles.

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on March 21, 2023.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

10. Public Works Department
SUBJECT: Agreement 32500401 with Blackpointe Group Construction & Management, Inc. for 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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

Catch Basin Cleaning Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Blackpointe Group Construction & Management, Inc. (Blackpointe) for an initial term of one year from March 5, 2025, to March 4, 2026, with the option for four consecutive one- year period extensions ending March 4, 2030, for a total contract amount not to exceed $1,750,000 for catch basin cleaning services.

(Public Works and Transportation Committee approved 3-0 on February 11, 2025.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

11. Public Works Department

SUBJECT: Second Amendment to Agreement 32400156 with Roesling Nakamura Terada Architects, Inc. for Architecture and Engineering Services for the Wastewater Division New Maintenance Building Project PW 22-36.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to an Agreement with Roesling Nakamura Terada Architects, Inc. (RNT) in the amount of $100,000 for a new not to exceed value of $1,100,000 for additional design work required for the New Wastewater Maintenance Building PW 22-36.

(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
L. REPORTS

1. Public Works Department
SUBJECT: Annual Enterprise Pavement Impact Cost Reimbursement Study. (10 minutes)

RECOMMENDATION: That the City Council receive and file the Annual Enterprise Pavement Impact Cost Reimbursement Study.

(Public Works and Transportation Committee approved 3-0 on February 11, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/dwl-Epu0Lbo
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Finance Department
SUBJECT: FY 2024-25 Mid-Year Budget. (15 minutes)

RECOMMENDATION: That the City Council:

1. Receive an update on the FY 2024-25 revenue and expenditure projections for major funds; and

2. Approve budget amendments to the General Fund (101), Street Maintenance Infrastructure Use Fee Fund (105), Special Districts Fund (120), Transportation Development Act Fund (212), Capital Outlay Fund (301), Developer & Other Deposits Fund (541), Environmental Resources Operating Fund (631), Public Liability and Property Insurance Fund (701), and the Facilities Maintenance 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 4, 2025 PAGE 7

Fund (735) as explained in this report.

(This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5G_rb22P0TI
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

3. Human Resources Department
SUBJECT: Memorandum of Understanding - Oxnard Public Safety Managers Association. (10 minutes)

RECOMMENDATION: That the City Council of the City of Oxnard adopt a Resolution approving the attached tentative agreement between the City of Oxnard and the Oxnard Public Safety Managers Association (OPSMA) that are proposed to be integrated with the terms of the existing Memorandum of Understanding (MOU) between the City and OPSMA. The integrated document shall be the successor MOU for the term July 1, 2024 through June 30, 2027.

(This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/giD9fekDQVA
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

4. Public Works Department
SUBJECT: Grant Application to the Outdoor Recreation Legacy Partnership Grant Program for the Durley Park Improvement Project. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the:

1. Submission of a grant application to the Outdoor Recreation Legacy Partnership Grant Program in an amount not to exceed $6,000,000, with a 1:1 match requirement that is currently funded by a state grant, for the Durley Park Improvement Project (Project C2333);

2. City Manager, or designee, to execute the grant agreements;

3. Finance Director, or designee, to submit financial reports, grant claims, and approve budget appropriations for the use of grant funds; and

4. Public Works Director, or designee, to submit non-financial reports. (This item did not originate in Committee as it is for a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/N1lyFzQdOFk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department

SUBJECT: Public Project Agreement 32500373 with Toro Enterprises, Inc. for Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24- 53, Federal Project No. CML-5129(086). (10 minutes)
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 4, 2025 PAGE 8

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $1,974,588.25 in Project funds for the Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24-53, Federal Project No. CML- 5129(086);

2. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $1,645,490.25 for the Project and approve a Project contingency amount of $164,549, (approximately 10%) with Toro Enterprises, Inc. for a total not-to-exceed value of $1,810,039.25 for the Project;

3. A Project allocation amount of $164,549 (approximately 10%) for engineering, inspection, survey and project management for the Project; and

4. A total amount of budget appropriations of $1,020,244.31 consisting of $627,906.42 from the Circulation System Improvement Fee Fund (Fund 350, Subfund 8040) available fund balance for the Northeast Communities Project C1302, and $392,337.89 from the Mobility Fee Fund (Fund 350, Subfund 8055) available fund balance for the Cloyne Street Project C1601 as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/K4faHTEqCM0
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. ADJOURNMENT

8 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: March 4, 2025

TO: Oxnard Housing Authority

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Oxnard Housing Authority Board of Commissioners approve the minutes of the February 4, 2025 regular meeting as presented.

BACKGROUND

Approval of minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. Oxnard Housing Authority minutes of the regular meeting of February 4, 2025

9 MINUTES

OXNARD HOUSING AUTHORITY
February 4, 2025
A. ROLL CALL, POSTING OF AGENDA

At 4:39 p.m., Chair Luis Mc Arthur presided and called to order the regular meeting of the Oxnard Housing Authority Board of Commissioners convened in the Council Chambers at 305 West Third Street, Oxnard, California concurrently with the Oxnard City Council.

Commissioners Jose Andrade; Luis Mc Arthur; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. Commissioners Gabriela Basua and Bert E.

Perello were absent. The Secretary Designate stated that the agenda was posted on Thursday, January 23, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

No public comments were received.

At 4:41 p.m., the Oxnard Housing Authority Board of Commissioners recessed into a closed session.

C. CLOSED SESSION
At 4:42 p.m., Commissioner Bert E. Perello was present. At 5:19 p.m., Commissioner Gabriela Basua was present.

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

D. OPENING CEREMONIES (6:00 PM)

At 6:17 p.m. Chair Luis Mc Arthur presided and called to order the regular meeting of the Oxnard Housing Authority Board of Commissioners convened in the Council Chambers at 305 West Third Street, Oxnard, California concurrently with the Oxnard City Council.

Stephen Fischer, General Counsel announced that no reportable actions resulted from the closed session.

Commissioners Gabriela Basua; Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; Gabriel Teran and Jose Andrade were present. The Secretary Designate stated that the agenda was posted on Thursday, January 23, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website. 10 February 4, 2025 HOUSING AUTHORITY PAGE 2
The meeting opened with the pledge of allegiance to the flag of the United States led by Adilene Avila, followed by a moment of silence in honor of the tragic incident in Washington DC and in Philadelphia.

Staff members present were Alexander Nguyen, Executive Secretary; Eric Sonstegard, Assistant Executive Secretary; Stephen Fischer, General Counsel; Michael Wolfe, Public Works Director; Javier Chagoyen-Lázaro, Chief Financial Officer; Brenda Lopez, Interim Housing Director; and Lourdes A. López, Secretary Designate.

E. CEREMONIAL ITEMS

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

G. REPORT OF EXECUTIVE SECRETARY

H. HOUSING AUTHORITY BUSINESS
RECESS
At 9:28 p.m., the Oxnard Housing Authority Board of Commissioners recessed and at 9:35 p.m., the Oxnard Housing Authority Board of Commissioners reconvened.

At 9:58 p.m., the Oxnard Housing Authority Board of Commissioners and Oxnard City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

I. REVIEW OF INFORMATION/CONSENT AGENDA

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.

K. INFORMATION/CONSENT AGENDA

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

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

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 extend the expiration date from September 1, 2024 to March 31, 2027.
11 February 4, 2025 HOUSING AUTHORITY PAGE 3
No public comments were received.

It was moved by Commissioner Basua, seconded by Vice Chair Teran, to approve the recommended action as presented.

VOTE: Commissioners Andrade, Basua, Mc Arthur, Perello, Perez, Rodriguez, Starr, and Teran voted in favor; motion passed 8-0.

L. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Mc Arthur adjourned the meeting at 10:43 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
Secretary Designate Chair

12 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: March 4, 2025

TO: City Council

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]

SUBJECT: Adoption of Ordinance Implementing Specific Provisions of the Court of Appeal's Decision Regarding the City Treasurer

RECOMMENDATION

That the City Council adopt an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SPECIFIC PROVISIONS OF

THE OXNARD CITY CODE TO TRANSFER THE DUTIES RELATING TO THE COLLECTION OF FEES AND

TAXES FROM THE CITY TREASURER TO THE POLICE CHIEF, AND MODIFY THE PROCEDURE FOR THE

PAYMENT OF DEMANDS, WARRANTS AND CHECKS SO THAT CERTAIN DUTIES HELD BY THE CITY TREASURER ARE TRANSFERRED TO THE ASSISTANT CITY TREASURER.

(This item did not originate in Committee)

BACKGROUND

At its February 18, 2025 meeting, the Oxnard City Council voted 6 to 1 to introduce and waive further reading of the ordinance that:

1. Amends specific provisions of the Oxnard City Code to transfer the duties relating to the collection of fees and taxes from the City Treasurer to the Police Chief; and

2. Amends specific provisions of the Oxnard City Code to modify the procedure for the payment of demands, warrants and checks so that certain duties held by the City Treasurer are transferred t the Assistant City Treasurer.

Both actions were authorized in the judgment and writ of mandate filed on January 29, 2025 in the case of Molina v.

Alexander Nguyen, in his capacity as City Manager of the City of Oxnard, and the City of Oxnard. In addition, the judgment, writ of mandate and associated opinion in the case filed on August 7, 2025 provide specific statutory authority for the actions in the ordinance. This authority includes Government Code Sections 34004, 37203, 41003, 41005, 41607 and 53910.

The ordinance will become effective thirty days after adoption.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

13 FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Kenneth Rozell, Chief Assistant City Attorney

ATTACHMENTS

1. Ordinance No. 3052

14 ORDINANCE NO. 3052

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

AMENDING SPECIFIC PROVISIONS OF THE OXNARD CITY CODE TO

TRANSFER THE DUTIES RELATING TO THE COLLECTION OF FEES AND

TAXES FROM THE CITY TREASURER TO THE POLICE CHIEF, AND

MODIFY THE PROCEDURE FOR THE PAYMENT OF DEMANDS,

WARRANTS AND CHECKS SO THAT CERTAIN DUTIES HELD BY THE

CITY TREASURER ARE TRANSFERRED TO THE ASSISTANT CITY

TREASURER
WHEREAS, on August 7, 2024, the Second District Court of Appeal, Division Six, issued its opinion (the “Opinion”) in the case of Molina v. Nguyen, et al. regarding the duties of the City Treasurer; and
WHEREAS, consistent with the Opinion and the final judgment and writ of mandate in this case (both entered on January 29, 2025), the City Council is taking specific actions to modify, amend and clarify specific duties of the City Treasurer going forward; and WHEREAS, the Opinion stated that the duty to collect taxes may be transferred by ordinance to the chief of police; and
WHEREAS, pursuant to the provisions of Government Code Section 41607, “[t]he chief of police shall perform any license fee and tax collection services prescribed by ordinance”; and
WHEREAS, the Opinion also states that “Molina concedes that the chief of police can also collect taxes and fees”; and
WHEREAS, the judgment and the writ of mandate state that “[t]he City may in its discretion transfer those duties as authorized by law”; and WHEREAS, consistent with the Opinion, the judgment and writ of mandate, and the provisions of state law, the duties to collect fees and taxes that currently reside with the City Treasurer are transferred to the Police Chief by this Ordinance; and WHEREAS, the Opinion expressly authorized the City Council to designate the persons who can sign warrants and checks, and to establish its own procedure for the payment of warrants and checks; and
WHEREAS, Government Code Section 37203 provides that “[t]he legislative body, by ordinance or resolution, may prescribe an alternative method of drawing warrants and checks”; and
WHEREAS, Government Code Section 53910 provides that a governing body of a city “may by resolution authorize practices with respect to form, issuance, delivery, 15 endorsement and payment of warrants it deems convenient, efficient and in the public interest”; and
WHEREAS, the Opinion states that the City Council is authorized to transfer the duties provided in Government Code Section 41003 to the assistant city treasurer; and WHEREAS, the judgment and the writ of mandate provides that “[t]he City may in its discretion establish its own procedure for the payment of warrants to the extent allowed by law”; and
WHEREAS, pursuant to the Opinion, the judgment and writ of mandate, and the provisions of state law, the City Council is amending specific portions of the Oxnard City Code’s procedure for the payments of warrants and checks; and WHEREAS, consistent with the Opinion, the judgment and writ of mandate, and state law, the City Council wishes to make these specific changes to the Oxnard City Code as specified in this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Section 1. Consistent with the judgment and writ of mandate in the case of Molina v.

Nguyen, et al, the following are hereby repealed: Ordinance No. 2977; Oxnard City Code Section 2-44(C), as adopted by Ordinance No. 2643 on January 13, 2004; Resolution No. 15,324 and Resolution No. 15,325.

Section 2. Section 10-1(C) is added to Oxnard City Code to read as follows:
“(C) LICENSE COLLECTOR - The police chief or designee.” Section 3. Section 11-1(F) of the Oxnard City Code is amended to read as follows:
“(F) COLLECTOR - The police chief or designee.”
Section 4. Section 11-141 of the Oxnard City Code is amended to read as follows:
“Section 11-141. APPLICATIONS
The license collector shall provide each applicant for a dance permit with a form specifying the information required for the permit. The city shall begin processing an application when the completed form, the applicable fee, and documents required are provided to the license collector. For purposes of this article, the police chief or designee shall be the license collector.” 16 Section 5. Section 11-170(C) of the Oxnard City Code is amended to read as follows:
“(C) LICENSE COLLECTOR - The police chief or designee.” Section 6. Section 11-232(D) of the Oxnard City Code is amended to read as follows:
“(D) LICENSE COLLECTOR - The police chief or designee.” Section 7. Section 11-261(D) of the Oxnard City Code is amended to read as follows:
“(D) LICENSE COLLECTOR - The police chief or designee.” Section 8. Section 11-370(D) of the Oxnard City Code is amended to read as follows:
“(B) COLLECTOR - The police chief or designee.”
Section 9. Section 12-8 is added to the Oxnard City Code to read as follows:
“Section 12-8. DEFINITION OF LICENSE COLLECTOR.

For purposes of this Chapter, “License Collector” shall mean the police chief or designee.”

Section 10. Section 2-184 of the Oxnard City Code is amended to read as follows:
“Section 2-184. PROCEDURE FOR PAYMENT OF DEMANDS, WARRANTS AND CHECKS.

A. The finance director shall prepare a written form of demand and proposed check for each approved invoice and claim. Supporting documents such as the purchase order, and invoice or claim for payment shall be attached thereto. Demands shall be individually audited by the finance director or designee, who shall certify as to the accuracy of each demand and the availability of funds for payment thereof. Such demands may be in the form of check-warrants and when approved by all officers as required by this code, shall be delivered to the assistant city treasurer. The assistant city treasurer shall subscribe a direction to the depository of funds to pay the funds to the order of the payee, which action shall convert the warrant, or demand, to a bona fide check.

B. The provisions of subsection A shall be deemed to transfer the duties prescribed in Government Code 41003 to the assistant city treasurer.

C. Government Code section 37203 expressly authorizes the City Council to designate the persons who may sign warrants and checks. The City Council provided this authorization pursuant to Resolution 15,784, as that resolution may be amended or renumbered from time to time.”
17 Section 11. Section 2-186(B)(2) of the Oxnard City Code is amended to read as follows:
“(2) Such warrants, when presented to the assistant city treasurer, shall be paid by the finance director out of the fund therein designated if there be sufficient money in such fund for that purpose.”
Section 12. If any subsection, sentence, clause, phrase or word of the Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

Section 13. The City Clerk shall certify as to the adoption of this Ordinance and shall cause summary thereof to be published a minimum of five (5) days before the City Council’s adoption of the ordinance and within fifteen (15) calendar days of the adoption in a newspaper of general circulation published and circulated in the City; and shall post a certified copy of this Ordinance in the office of the City Clerk, in accordance with Government Code Section 36933.

Ordinance No. _____ was first read on _________, was adopted on ________ to become effective thirty (30) days thereafter.

PASSED AND ADOPTED this ____ day of ____, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Luis Mc Arthur, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Luly A. Lopez, City Clerk Stephen M. Fischer, City Attorney 18 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Monthly Investment Report as of January 31, 2025.

RECOMMENDATION

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

(This item did not originate in Committee.)

BACKGROUND

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

DISCUSSION:

The City’s total cash and investment position as of January 31, 2025 was $481.0 million, with $24.9 million in cash accounts and $456.1 million in investments, as summarized in the table below.

19 Statutory Compliance

All investment transactions have been executed in conformance with the City’s Investment Policy and the California Government Code. The table below represents the City’s investment portfolio as of January 31, 2025 by authorized investment and duration for a total portfolio amount of $456.1 million.

Portfolio Trends

The cash and investment position, as of January 31, 2025, increased by $22.6 million compared with the prior month, mainly driven by the receipts of $18 million in property taxes from Ventura County, of which $5.4 million was deposited for the Successor Agency and the City. The trend for the cash and investment position is represented in the following chart.

The California Government Code and the City’s investment policy defined the eligible investments that the City can purchase to allocate surplus funds. The table below summarizes the City’s investment portfolio by investment type. The individual investments included under each investment type are included as an attachment to this report.

20 The chart below represents the City’s investment portfolio classified by days until maturities from January 31, 2025.

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

The City’s average return on investment for the month of January 2025 was 3.02%. LAIF average monthly effective yields for the same period was 4.37%. The City’s portfolio includes over $163 million investments that were purchased between December 2020 and December 2021, with a weighted average of return below 1%. The maturities for those investments at the time of purchase were close to five years. The City holds investments until maturity, and will evaluate reinvestment options based on market conditions and liquidity needs as those funds became available for investing.

The chart below represents the City’s average return on investments, alongside with three-year Treasury bill and the LAIF Pooled Monthly Investment Account (PMIA) average Monthly Effective Yields, as benchmarks for the City’s portfolio.

21 STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact from this report.

COMMITTEE OUTCOME

This item did not originate in a committee.

Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. January 2025 Monthly Investment report for March 4 Council

2. Presentation January 2025 Investment Report

22 Investment report
for the month Ended in January 31, 2025
City of Oxnard
Javier Chagoyen-Lazaro Date
Chief Financial Officer
City of Oxnard
Investments have been made in compliance with California Government Code and in accordance with the City's Investment Policy.

SYMPRO provides the market value for negotiable instruments held in safekeeping included in this report. For investments not held by the City's custodian, market values are obtained from individual monthly statements. Based on analysis of cash receipts, expenditures, and daily cash flows, it is projected that revenues and investment liquidity are sufficient to meet expenditure requirements for the next six months.

All Investment transactions have been exectured in accordance with the criteria stated in the City's Investment Policy (Resolution No. 15,186) adopted by the City Council held on July 2, 2024 02/18/2025
23 City of Oxnard
Cash and Investment Summary
Month Ended
January 31, 2025
Cash and Investment Position January 2025
Cash
Bank of America General Account 17,098,820.98$
Bank of America Successor Agency Account 7,437,002.75
Bank of America Citations Account 323,494.78
Bank of America Golf Course Account -
Total Cash 24,859,318.51
Investments
Local Agency Investment Fund (LAIF) 75,000,000.00
Ventura County Investment Pool (VCIP) 51,164,861.60
Certificates of Deposits -
Bank Notes -
Municipal Bonds -
Federal Agency -
Supra-National Agency Bonds * 996,148.00
Medium Term Notes * 30,392,340.59
U.S. Treasury Notes * 9,938,858.54
U.S. Government Sponsored Entities * 288,609,568.14
Total Investments 456,101,776.87
Total Cash and Investments 480,961,095.38$
* Market Value
24 Investment Portfolio Detail
Fiscal Year 2024 - 2025
January 1 - January 31, 2025
CUSIP / Investment #Issuer Purchase Date Par Value Market Value Book Value Stated RateDays to MaturityYTM/C Maturity Date Pooled Investments
County Investment Pool
VCIP Ventura County Investment Pool 51,164,861.60 51,164,861.60 51,164,861.60 4.53 1 4.53 Federal Agency Coupon Securities
3134HA3T8 Farmer Mac 1/17/2025 10,000,000.00 10,004,930.00 9,997,532.50 4.55 1,077 4.559 1/14/2028 31422XAS1 Farmer Mac 3/2/2021 1,000,000.00 961,194.00 1,000,000.00 0.61 394 0.61 3/2/2026 3133ERP70 Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,003,802.22 9,992,765.16 4.25 1,059 4.294 12/27/2027 3133ERQ20 Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,002,950.00 10,000,000.00 4.63 1,062 4.63 12/30/2027 3133ERT27 Federal Farm Credit Bank 1/16/2025 10,000,000.00 10,003,801.67 9,999,947.38 4.67 1,076 4.684 1/13/2028 3133ERN31 Federal Farm Credit Bank 1/16/2025 5,000,000.00 5,005,273.89 4,996,612.23 4.34 1,055 4.468 12/23/2027 3133ENBK5 Federal Farm Credit Bank 10/20/2021 1,000,000.00 947,562.00 1,000,000.00 1.14 626 1.14 10/20/2026 3130AQKJ1 Federal Home Loan Bank 1/28/2022 1,000,000.00 951,038.00 1,000,000.00 1.7 726 1.7 1/28/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 955,591.00 1,000,000.00 2 746 2 2/17/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 955,591.00 1,000,000.00 2 746 2 2/17/2027 3130AQSM6 Federal Home Loan Bank 2/25/2022 1,000,000.00 956,088.00 1,000,000.00 2.05 754 2.05 2/25/2027 3130AQRH8 Federal Home Loan Bank 2/25/2022 1,000,000.00 955,116.00 1,000,000.00 2 754 2 2/25/2027 3130AQRK1 Federal Home Loan Bank 2/25/2022 1,000,000.00 954,172.00 1,000,000.00 2.03 754 2.03 2/25/2027 3130AR2C4 Federal Home Loan Bank 2/28/2022 1,000,000.00 998,497.00 1,000,000.00 2.2 27 2.2 2/28/2025 3130AQYG2 Federal Home Loan Bank 2/28/2022 1,000,000.00 963,400.00 1,000,000.00 2.5 754 2.493 2/25/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,000,000.00 1,919,108.00 2,000,000.00 2.25 761 2.25 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 958,562.00 1,000,000.00 2.2 761 2.2 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 958,562.00 1,000,000.00 2.2 761 2.2 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,300,000.00 1,246,130.60 1,298,368.50 2.2 761 2.264 3/4/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,700,000.00 2,590,795.80 2,698,870.50 2.25 761 2.271 3/4/2027 3130AR2D2 Federal Home Loan Bank 3/10/2022 1,000,000.00 987,969.00 1,000,000.00 3 767 3.034 3/10/2027 3130ARAX9 Federal Home Loan Bank 3/30/2022 1,000,000.00 973,350.00 1,000,000.00 3 782 3 3/25/2027 3130ARDV0 Federal Home Loan Bank 4/8/2022 1,000,000.00 973,421.00 1,000,000.00 3 782 3 3/25/2027 3130ARZF1 Federal Home Loan Bank 5/9/2022 2,600,000.00 2,586,794.60 2,600,000.00 3.4 220 3.401 9/9/2025 3130ARZE4 Federal Home Loan Bank 5/25/2022 2,000,000.00 1,998,728.00 2,000,000.00 4.2 843 4.186 5/25/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 991,005.00 1,000,000.00 4 844 4 5/26/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 991,005.00 1,000,000.00 4 844 4 5/26/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 991,005.00 1,000,000.00 4 844 4 5/26/2027 3130AS4F3 Federal Home Loan Bank 6/9/2022 2,000,000.00 1,981,906.00 2,000,000.00 4 842 4 5/24/2027 3130AS4F3 Federal Home Loan Bank 6/9/2022 2,000,000.00 1,981,906.00 2,000,000.00 4 842 4 5/24/2027 3130ASFQ7 Federal Home Loan Bank 6/29/2022 1,000,000.00 988,798.00 999,879.44 4 878 4.006 6/29/2027 3130ASHT9 Federal Home Loan Bank 7/12/2022 1,000,000.00 999,726.00 1,000,000.00 4.5 891 4.5 7/12/2027 3130ASGP8 Federal Home Loan Bank 7/14/2022 2,000,000.00 1,996,436.00 2,000,000.00 4.1 163 4.1 7/14/2025 3130ASF38 Federal Home Loan Bank 7/22/2022 1,000,000.00 992,423.00 1,000,000.00 4.1 901 4.1 7/22/2027 3130ASKZ1 Federal Home Loan Bank 7/22/2022 1,000,000.00 999,152.00 1,000,000.00 4.25 355 4.25 1/22/2026 25 Investment Portfolio Detail
Fiscal Year 2024 - 2025
January 1 - January 31, 2025
CUSIP / Investment #Issuer Purchase Date Par Value Market Value Book Value Stated RateDays to MaturityYTM/C Maturity Date 3130ASLA5 Federal Home Loan Bank 7/26/2022 1,000,000.00 1,000,173.00 1,000,000.00 4.5 905 4.5 7/26/2027 3130ASNN5 Federal Home Loan Bank 7/28/2022 1,000,000.00 998,550.00 1,000,000.00 4.375 907 4.375 7/28/2027 3130AYZG4 Federal Home Loan Bank 2/15/2024 1,000,000.00 1,000,700.00 1,000,000.00 5.4 1,474 5.4 2/14/2029 3130AYYJ9 Federal Home Loan Bank 2/15/2024 1,000,000.00 1,000,132.00 1,000,000.00 5 1,475 5 2/15/2029 3130B0EQ8 Federal Home Loan Bank 3/19/2024 1,000,000.00 999,509.00 999,173.91 5.375 1,501 5.398 3/13/2029 3130B1LW5 Federal Home Loan Bank 5/30/2024 2,000,000.00 2,003,480.00 2,000,000.00 5.25 482 5.25 5/29/2026 3130B2ZR9 Federal Home Loan Bank 10/3/2024 2,500,000.00 2,474,990.00 2,500,000.00 4.05 965 0.56 9/24/2027 3130B33X9 Federal Home Loan Bank 10/18/2024 7,000,000.00 6,933,962.00 6,996,329.49 4.5 1,711 4.539 10/9/2029 3130B3UC5 Federal Home Loan Bank 11/26/2024 5,755,000.00 5,759,144.88 5,757,464.75 4.7 1,021 4.704 11/19/2027 3130APN43 Federal Home Loan Bank 12/31/2024 10,000,000.00 9,709,940.00 9,708,458.57 2.25 633 4.25 10/27/2026 3130B4B42 Federal Home Loan Bank 12/31/2024 10,000,000.00 10,002,447.78 10,005,417.71 4.625 1,055 4.643 12/23/2027 3130AKLL8 Federal Home Loan Bank 12/30/2020 2,000,000.00 1,933,700.00 2,000,000.00 0.5 332 0.5 12/30/2025 3130AKN36 Federal Home Loan Bank 1/20/2021 2,000,000.00 1,931,920.00 2,000,000.00 0.525 348 0.525 1/15/2026 3130AKNK8 Federal Home Loan Bank 1/20/2021 5,000,000.00 4,868,345.00 5,000,000.00 0.5 261 0.5 10/20/2025 3130AKNK8 Federal Home Loan Bank 1/20/2021 1,000,000.00 973,669.00 1,000,000.00 0.5 261 0.5 10/20/2025 3130AKQ74 Federal Home Loan Bank 1/22/2021 5,000,000.00 4,829,610.00 5,000,000.00 0.625 355 0.625 1/22/2026 3130AKMD5 Federal Home Loan Bank 1/26/2021 5,000,000.00 4,822,885.00 4,999,506.94 0.5 359 0.51 1/26/2026 3130AKNR3 Federal Home Loan Bank 1/26/2021 1,000,000.00 964,472.00 1,000,000.00 0.56 359 0.56 1/26/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,835,235.00 5,000,000.00 0.75 360 0.609 1/27/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,835,235.00 5,000,000.00 0.75 360 0.609 1/27/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,932,156.00 2,000,039.67 0.7 361 0.698 1/28/2026 3130AKRN8 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,931,200.00 2,000,000.00 0.65 361 0.65 1/28/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 5,000,000.00 4,830,390.00 5,000,000.00 0.7 361 0.7 1/28/2026 3130AKQ82 Federal Home Loan Bank 1/28/2021 1,500,000.00 1,448,061.00 1,500,000.00 0.6 361 0.6 1/28/2026 3130AKPN0 Federal Home Loan Bank 1/29/2021 2,000,000.00 1,930,562.00 2,000,000.00 0.6 362 0.6 1/29/2026 3130AKVN3 Federal Home Loan Bank 1/29/2021 1,000,000.00 964,512.00 1,000,000.00 0.52 362 0.52 1/29/2026 3130AKVQ6 Federal Home Loan Bank 1/29/2021 1,000,000.00 972,554.00 1,000,000.00 0.47 270 0.47 10/29/2025 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 965,861.00 1,000,000.00 0.75 373 0.539 2/9/2026 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 965,861.00 1,000,000.00 0.75 373 0.54 2/9/2026 3130AKTJ5 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,927,434.00 2,000,000.00 0.54 373 0.54 2/9/2026 3130AKVA1 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,931,722.00 2,000,000.00 0.75 373 0.564 2/9/2026 3130AKVR4 Federal Home Loan Bank 2/12/2021 1,000,000.00 962,286.00 1,000,000.00 0.55 376 0.55 2/12/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 2,000,000.00 1,924,530.00 1,998,936.11 0.625 388 0.676 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 963,303.00 999,829.78 0.6 388 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 5,000,000.00 4,816,515.00 4,999,148.89 0.6 388 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 3,000,000.00 2,889,909.00 3,000,000.00 0.6 388 0.6 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 963,303.00 999,893.61 0.6 388 0.61 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 963,303.00 999,893.61 0.6 388 0.61 2/24/2026 3130ALCB8 Federal Home Loan Bank 2/24/2021 1,000,000.00 963,556.00 1,000,000.00 0.68 388 0.68 2/24/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 1,000,000.00 962,265.00 999,893.61 0.625 388 0.635 2/24/2026 26 Investment Portfolio Detail
Fiscal Year 2024 - 2025
January 1 - January 31, 2025
CUSIP / Investment #Issuer Purchase Date Par Value Market Value Book Value Stated RateDays to MaturityYTM/C Maturity Date 3130ALFS8 Federal Home Loan Bank 3/10/2021 1,000,000.00 963,338.00 1,000,000.00 0.8 402 0.8 3/10/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 962,725.00 1,000,000.00 0.8 408 0.8 3/16/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 962,725.00 1,000,000.00 0.8 408 0.8 3/16/2026 3130ALGB4 Federal Home Loan Bank 3/17/2021 1,000,000.00 962,679.00 1,000,000.00 0.8 409 0.8 3/17/2026 3130ALGJ7 Federal Home Loan Bank 3/23/2021 975,000.00 940,045.28 975,000.00 1 415 1 3/23/2026 3130ALGC2 Federal Home Loan Bank 3/23/2021 1,000,000.00 962,921.00 1,000,000.00 0.875 415 0.875 3/23/2026 3130ALLN2 Federal Home Loan Bank 3/24/2021 2,000,000.00 1,932,986.00 2,000,000.00 1 416 0.871 3/24/2026 3130ALNU4 Federal Home Loan Bank 3/24/2021 1,000,000.00 994,753.00 1,000,000.00 0.68 51 0.68 3/24/2025 3130AM2F8 Federal Home Loan Bank 4/29/2021 1,000,000.00 962,540.00 1,000,000.00 1.125 452 1.125 4/29/2026 3130AM4L3 Federal Home Loan Bank 4/29/2021 1,000,000.00 964,324.00 1,000,000.00 1.25 452 1.1 4/29/2026 3130AMJH6 Federal Home Loan Bank 5/26/2021 1,000,000.00 959,260.00 1,000,000.00 1.05 479 1.05 5/26/2026 3130AML42 Federal Home Loan Bank 5/27/2021 1,000,000.00 962,030.00 1,000,000.00 1.2 480 0.957 5/27/2026 3130AMCM2 Federal Home Loan Bank 6/3/2021 1,250,000.00 1,236,902.50 1,249,919.02 2 465 1.543 5/12/2026 3130AMM41 Federal Home Loan Bank 6/16/2021 5,000,000.00 4,783,965.00 5,000,000.00 1 500 1 6/16/2026 3130AMPT3 Federal Home Loan Bank 6/23/2021 5,000,000.00 4,782,990.00 5,000,000.00 1.03 507 1.03 6/23/2026 3130AMYP1 Federal Home Loan Bank 7/15/2021 3,000,000.00 2,868,009.00 3,000,000.00 1.125 529 1.125 7/15/2026 3130ANWH9 Federal Home Loan Bank 9/24/2021 1,000,000.00 950,680.00 1,000,000.00 1.08 591 1.08 9/15/2026 3130ANYS3 Federal Home Loan Bank 10/12/2021 1,000,000.00 990,996.00 999,871.17 0.625 88 0.678 4/30/2025 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 948,563.00 1,000,000.00 1.1 619 1.1 10/13/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 948,563.00 1,000,000.00 1.1 619 1.1 10/13/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 947,574.00 1,000,000.00 1.05 621 1.05 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 947,574.00 1,000,000.00 1.05 621 1.05 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 947,574.00 1,000,000.00 1.05 621 1.05 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 947,412.00 999,897.67 1.04 621 1.046 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 947,574.00 1,000,000.00 1.05 621 1.05 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 947,412.00 1,000,000.00 1.04 621 1.04 10/15/2026 3130APAY1 Federal Home Loan Bank 10/21/2021 3,000,000.00 2,843,517.00 3,000,000.00 1.1 627 1.1 10/21/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 1,000,000.00 948,573.00 1,000,000.00 1.15 628 1.15 10/22/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 2,000,000.00 1,897,146.00 2,000,000.00 1.15 628 1.15 10/22/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,898,114.00 2,000,000.00 1.2 632 1.2 10/26/2026 3130APC45 Federal Home Loan Bank 10/26/2021 1,000,000.00 948,978.00 1,000,000.00 1.18 632 1.18 10/26/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,898,114.00 1,999,652.78 1.2 632 1.21 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 949,883.00 1,000,000.00 1.25 632 1.25 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,899,766.00 2,000,000.00 1.25 632 1.25 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 949,883.00 1,000,000.00 1.25 632 1.25 10/26/2026 3130APG82 Federal Home Loan Bank 10/28/2021 1,000,000.00 962,634.00 1,000,000.00 1.25 634 1.264 10/28/2026 3130APHV0 Federal Home Loan Bank 10/28/2021 2,000,000.00 1,897,110.00 2,000,000.00 1.18 634 1.18 10/28/2026 3130APDQ5 Federal Home Loan Bank 10/28/2021 1,000,000.00 949,716.00 1,000,000.00 1.25 634 1.25 10/28/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 948,706.00 1,000,000.00 1.25 647 1.25 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 948,706.00 999,112.50 1.25 647 1.302 11/10/2026 27 Investment Portfolio Detail
Fiscal Year 2024 - 2025
January 1 - January 31, 2025
CUSIP / Investment #Issuer Purchase Date Par Value Market Value Book Value Stated RateDays to MaturityYTM/C Maturity Date 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 948,706.00 1,000,000.00 1.25 647 1.25 11/10/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 948,449.00 1,000,000.00 1.375 653 1.375 11/16/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 948,449.00 1,000,000.00 1.375 653 1.375 11/16/2026 3130APL37 Federal Home Loan Bank 11/16/2021 1,000,000.00 950,268.00 1,000,000.00 1.4 653 1.4 11/16/2026 3130APNK7 Federal Home Loan Bank 11/18/2021 1,000,000.00 949,647.00 1,000,000.00 1.375 655 1.375 11/18/2026 3130APPZ2 Federal Home Loan Bank 11/23/2021 1,000,000.00 951,426.00 1,000,000.00 1.5 660 1.5 11/23/2026 3130AQ3T8 Federal Home Loan Bank 12/23/2021 1,000,000.00 959,036.00 1,000,000.00 2 690 1.641 12/23/2026 3130AQAB9 Federal Home Loan Bank 12/30/2021 1,250,000.00 1,188,662.50 1,250,000.00 1.625 697 1.625 12/30/2026 3134GXQF4 Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 974,772.00 1,000,000.00 3.25 801 3.25 4/13/2027 3134GXSH8 Federal Home Loan Mtg Corp 5/17/2022 1,000,000.00 990,634.00 1,000,000.00 4 835 4 5/17/2027 3134GXTD6 Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,994,170.00 2,000,000.00 3.5 111 3.5 5/23/2025 3134GXSZ8 Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,993,504.00 2,000,000.00 3.4 111 3.4 5/23/2025 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,994,784.00 2,000,000.00 4 844 4.213 5/26/2027 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 1,000,000.00 997,392.00 1,000,000.00 4 844 4.213 5/26/2027 3134GXTB0 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,998,486.00 1,999,987.37 3.25 25 3.261 2/26/2025 3134GXTB0 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,998,486.00 2,000,000.00 3.25 25 3.251 2/26/2025 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,994,784.00 2,000,000.00 4 844 4.213 5/26/2027 3134GXTE4 Federal Home Loan Mtg Corp 5/27/2022 1,000,000.00 990,517.00 1,000,000.00 4 845 4 5/27/2027 3134GXZN7 Federal Home Loan Mtg Corp 7/12/2022 1,000,000.00 995,770.00 1,000,000.00 4.25 891 4.25 7/12/2027 3134GXD50 Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 997,677.00 1,000,000.00 4 170 4 7/21/2025 3134GXD50 Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 997,677.00 1,000,000.00 4 170 4 7/21/2025 3134GXE67 Federal Home Loan Mtg Corp 7/28/2022 1,000,000.00 995,729.00 1,000,000.00 4.25 907 4.25 7/28/2027 3134GXQ23 Federal Home Loan Mtg Corp 8/25/2022 1,000,000.00 995,840.00 1,000,000.00 4.25 935 4.25 8/25/2027 3137EAEX3 Federal Home Loan Mtg Corp 10/3/2024 2,500,000.00 2,439,905.42 2,444,050.13 0.375 234 3.966 9/23/2025 3134HAF40 Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,002,715.00 5,000,000.00 4.7 1,028 4.7 11/26/2027 3134HAF40 Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,002,715.00 5,000,000.00 4.7 1,028 4.7 11/26/2027 3134GXKJ2 Federal Home Loan Mtg Corp 1/22/2021 2,000,000.00 1,929,234.00 2,000,000.00 0.55 355 0.55 1/22/2026 Local Agency Investment Funds
LAIF LAIF 75,000,000.00 75,000,000.00 75,000,000.00 4.366 1 4.366 Medium Term Notes
037833DX5 Apple Inc. 1/26/2021 1,000,000.00 979,856.00 1,000,069.00 0.55 200 0.537 8/20/2025 037833EB2 Apple Inc. 2/8/2021 1,000,000.00 964,529.00 999,989.81 0.7 372 0.071 2/8/2026 06048WS43 Bank of America 2/18/2022 3,000,000.00 2,944,437.00 3,000,000.00 2 198 2 8/18/2025 06048WV98 Bank of America 5/27/2022 2,000,000.00 1,966,422.00 2,000,000.00 4.05 480 4.05 5/27/2026 06048WW63 Bank of America 6/22/2022 1,000,000.00 997,197.00 1,000,000.00 5 871 5 6/22/2027 06051GFS3 Bank of America 1/8/2021 1,000,000.00 997,216.00 1,015,048.57 3.875 181 0.804 8/1/2025 06048WL32 Bank of America 2/24/2021 1,000,000.00 956,223.00 1,000,000.00 0.8 388 0.08 2/24/2026 06048WL99 Bank of America 5/14/2021 1,000,000.00 952,850.00 1,000,000.00 1.4 467 1.4 5/14/2026 06048WL99 Bank of America 5/14/2021 2,000,000.00 1,905,700.00 2,000,000.00 1.4 467 1.4 5/14/2026 06048WL99 Bank of America 5/14/2021 2,000,000.00 1,905,700.00 2,000,000.00 1.4 467 1.4 5/14/2026 28 Investment Portfolio Detail
Fiscal Year 2024 - 2025
January 1 - January 31, 2025
CUSIP / Investment #Issuer Purchase Date Par Value Market Value Book Value Stated RateDays to MaturityYTM/C Maturity Date 06048WM64 Bank of America 7/12/2021 1,000,000.00 945,625.00 999,573.17 1.2 509 1.231 6/25/2026 06048WM72 Bank of America 7/30/2021 1,000,000.00 944,744.00 1,000,000.00 1.2 544 1.2 7/30/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 939,505.00 1,000,000.00 1.25 600 1.25 9/24/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 939,505.00 1,000,000.00 1.25 600 1.25 9/24/2026 06748WMK6 Barclays Bank PLC 10/29/2021 1,000,000.00 981,816.00 1,000,000.00 1 87 1 4/29/2025 17290A2M1 Citi Bank 7/21/2021 1,000,000.00 937,871.00 1,000,000.00 1.4 535 1.4 7/21/2026 38150AH99 Goldman Sachs 8/17/2021 1,000,000.00 940,188.00 1,000,000.00 1.35 562 1.35 8/17/2026 24422EVK2 John Deere Capital 1/27/2021 3,000,000.00 2,899,698.00 3,000,000.00 0.7 348 0.7 1/15/2026 48133MAB6 JP Morgan 8/15/2022 1,000,000.00 977,468.00 1,000,000.00 4.2 923 4.2 8/13/2027 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 934,674.00 1,000,000.00 1.2 573 1.2 8/28/2026 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 934,674.00 1,000,000.00 1.2 573 1.2 8/28/2026 53961LAF6 Local Initiatives Support 1/28/2021 1,510,000.00 1,446,442.59 1,510,000.00 0.95 348 0.95 1/15/2026 89236THZ1 Toyota Motor Credit 2/1/2021 2,000,000.00 2,000,000.00 2,000,000.00 0.4 2 0.4 2/3/2025 Supranational
459058JA2 Intl Bank Recon & Dev 3/1/2021 1,000,000.00 996,148.00 1,000,245.52 0.75 38 0.526 3/11/2025 Treasury Coupon Securities
91282CFP1 U.S. Treasury 10/3/2024 2,500,000.00 2,499,432.50 2,505,703.98 4.25 256 3.914 10/15/2025 91282CLS8 U.S. Treasury 11/26/2024 5,000,000.00 5,007,198.54 5,002,089.37 4.125 637 4.277 10/31/2026 Treasury Discounts -Amortizing
912797MS3 U.S. Treasury 10/3/2024 2,500,000.00 2,432,227.50 2,436,377.54 3.77 243 3.935 10/2/2025 TOTAL $464,004,861.60 $456,101,776.87 $463,599,411.56
29 Investment activities for the month of January 2025
Investment Purchases
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
1/17/2025Buy 3134HA3T8 Farmer Mac 10,000,000.00 4.550 1/14/2028 1/16/2025Buy 3133ERT27 Federal Farm Credit Bank 10,000,000.00 4.670 1/13/2028 1/16/2025Buy 3133ERN31 Federal Farm Credit Bank 5,000,000.00 4.34012/23/2027 Total Purchases 25,000,000.00$
Investment Maturities, Calls & Sales
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
1/8/2025Call 3130ASPP8 Federal Home Loan Bank 1,000,000.00 4.300 8/8/2025 1/9/2025Maturity 3135GAL82 Federal National Mtg Assn 2,000,000.00 5.150 1/9/2025 1/28/2025Maturity 3130APKZ7 Federal Home Loan Bank 1,000,000.00 0.875 1/28/2025 1/13/2025Maturity 037833DF4 Apple Inc. 10,000,000.00 2.750 1/13/2025 Total Maturities, Calls & Sales 14,000,000.00$
30 City of Oxnard
Monthly Investment Report
as of January 31, 2025
March 4, 2025
City Council
Presented by:

Javier Chagoyen-Lazaro, City of Oxnard
Chief Financial Officer
31 Recommendation 2
That The City Council receive and file the City of Oxnard Monthly Investment Report as of January 31, 2025.
32 City of Oxnard Cash and Investment as of January 31, 2025 Discussion 3
33 Discussion 4
Authorized Investment
at Market Value
Allowable
Threshold
($ million or %)
Under
1 year
1-3
years
Over 3
years Total
Average
Yield to
Maturity
Portfolio
%
LAIF $75.0 $75.00 $- $- $75.0 4.37% 16.44%
VCIP n/a 51.2 - - 51.2 4.53% 11.22%
Federal Agencies n/a 66.9 211.8 9.9 288.6 2.56% 63.28%
Medium Term Notes 30% 12.2 18.1 - 30.4 1.50% 6.66%
Supranational 20% 1.0 - - 1.0 0.53% 0.22%
Treasuries n/a 4.9 5.0 - 9.9 4.04% 2.18%
Total Investment $211.3 $234.9 $9.9 $456.1 3.02% 100%
*Total may not add due to rounding
Investment Compliance
34 Cash and Investment Trend
Discussion 5
$0
$100
$200
$300
$400
$500
$600
Jun-23 Sep-23 Dec-23 Mar-24 Jun-24 Sep-24 Dec-24 Jan-25 Millions
Cash and Investment Position
Investments Market Value VCIP LAIF Cash
35 Discussion 6
-
20 40
60 80
100
120
140
0 - 30 days 31-180 days 181-365 days 365-730 days 731-1096 days > 1096 days Millions
Portfolio Maturity as of January 31, 2025
36 Discussion 7
Investment Return Trend

2.07%

2.50%

3.00% 3.02%

2.83%

3.17%

4.43% 4.37%

3.81%

4.49%

4.25% 4.27%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Mar
2023
Jun
2023
Sep
2023
Dec
2023
Mar
2024
Jun
2024
Jul
2024
Aug
2024
Sep
2024
Oct
2024
Nov
2024
Dec
2024
Jan
2025
City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
37 Recommendation 8
That The City Council receive and file the City of Oxnard Monthly Investment Report as of January 31, 2025.
38 9
Questions / Discussion
39 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2024.

RECOMMENDATION

That the City Council receive and file the 2024 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board.

(This item did not originate in Committee.)

BACKGROUND

The Mobile Home Park Rent Review Board is a quasi-judicial body established pursuant to Section 24-5 of the City Code. Pursuant to Section 24-6 of the City Code, the Board is required to submit an annual report of the Rent Stabilization System’s activities to the City Council.

DISCUSSION

At its meeting on January 27, 2025, the Mobile Home Park Rent Review Board adopted the attached Annual Activity Report for 2024, and authorized Board Chairman Efrain Jimenez to execute and transmit the report to the City Council. In summary, the report includes the following highlights:

1. All twenty (20) mobile home park owners in Oxnard, applied for the maximum 3.32% Consumer Price Index (C.P.I.) space rent increase allowed under City Code Section 24-9(A)(1).

2. No homeowner associations challenged the proposed C.P.I increase; therefore, all applications were approved.

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: Brenda Lopez, Interim Housing Director

ATTACHMENTS
40 1. Mobile Home Park Rent Stabilization System Annual Activity Report 2024

41 42
43 44
45 46

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: March 4, 2025

TO: Housing Authority

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

SUBJECT: Yardi Systems Inc., Software License and Service Agreement for Oxnard Housing Authority.

RECOMMENDATION

That the Oxnard Housing Authority Board of Commissioners approve and authorize the Chair to execute a five-year Software as a Service (SAAS) Subscription Agreement (A-8577) with Yardi Systems Inc., a database client software for the operations related to the Public Housing Program and the Housing Choice Voucher Program, in an aggregate amount of $344,961.75 plus annual Consumer Price Index increases.

(The Community Services, Public Safety, Housing and Development Committee approved 3-0 on February 11, 2025.)

BACKGROUND

The Housing Authority of the City of Oxnard requires the use of a database client software for the operations related to the Public Housing Program and the Housing Choice Voucher Program (Section 8). Yardi Systems, Inc. (Yardi) has provided the client database software and support since December 2007. The existing agreement will expire on February 28, 2025.

DISCUSSION

On December 4, 2024, the Housing Authority of the City of Oxnard solicited bids for a fully integrated, web-based housing authority software and services. There were two responses to the solicitation; Yardi Systems, Inc. (Yardi) and MRI Real Estate Software (MRI). MRI’s proposal was deemed unresponsive because it did not include costs and fees.

Yardi’s proposal satisfies all of the threshold requirements outlined in the request for proposal. The scope of work includes software license fees, databases, administrator tools, software updates, application support and hosting support.

In addition, the proposal includes a payment processing option for rent collection that is billed on a per transaction fee basis. The monthly cost of the payment processing component is based on actuals and billed in arrears. The OHA does not utilize the payment processing module.

Staff proposes an agreement with Yardi for a sixty-month (60) term at a total contract amount of $344,961.75 (not including transaction fees for services) subject to a Consumer Price Index increase on each anniversary date.

A draft of the agreement was presented to Committee on February 11, 2025. There have been edits to the agreement to reflect compliance with Government Code Section sec. 7928.801 that declares confidentiality requirements null and void.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a 47 modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact to any City fund. The fees are included in the Oxnard Housing Authority's (OHA) adopted Low Rent Public Housing (LRPH) Operating Funds budget and the Housing Choice Voucher (HCV) Administrative Fees budget for Fiscal Year 2024-2025. Since this is a recurring expense, the fees will be included in the recommended Oxnard Housing Authority's LRPH Operating Funds budget and the HCV Administrative Fees budget for Fiscal Year 2025-2026, scheduled to be presented before City Council on June 17, 2025, and every fiscal year thereafter, until the agreement term expires.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing and Development Committee approved 3-0 on February 11, 2025.

Prepared by: Brenda Lopez, Interim Housing Director

ATTACHMENTS

1. Agreement A-8577

48 Agreement A-8577

Page 1 of 12 ends

Confidential
Preparation Date: February 20, 2025 9:47 AM

EXHIBIT A

SAAS SUBSCRIPTION AGREEMENT

Yardi Systems, Inc., a California corporation headquartered at 430 South Fairview Avenue, Goleta, CA 93117 (“Yardi”), and

Oxnard Housing Authority (“Client”)
435 S D St
Oxnard, CA 93030

enter into this agreement including any schedules, exhibits or other attachments (this “ Agreement”) effective as of the Effective Date [defined in section 1 (Definitions), below].

RECITAL

Yardi has developed certain application soft ware for use by its clients in the real property and asset management industry. Yardi application software is available only in the Yardi Cloud [defined in section 1 ( Definitions), below]. Client desires to access the Yardi Cloud to use such Yardi software pursuant to this Agreement’s terms.

In consideration of their respective rights and obligations as set forth in this Agreement, the parties agree as follows:

AGREEMENT

1. Definitions.
a. “Anniversary Date” means the date that is 365 days after the Initiation Date, and each anniversary thereafter of the date that is 365 days after the Initiation Date, during this Agreement’s Term.

b. “Business Purposes” means accessing the Yardi Cloud to use the Licensed Programs and Yardi Cloud Services for Client’s property management and accounting, and related business pur- poses.

c. “Client Data” means the data that Designated Users trans- mit and/or enter into the database provided as part of the Yardi Cloud in connection with their Use of the Licensed Programs pur- suant to this Agreement.

d. “Contractor” means a contractor who: (i) has an Independ- ent Consultant Network License Agreement with Yardi; and (ii) is a current member in good standing of Yardi’s Independent Consult- ant Network.

e. “Deliverable” means any deliverable or intellectual prop- erty delivered to Client as part of Programming Services [defined in section 14 (Programming Services)] or other ser vices provided pursuant to this Agreement.

f. “Designated User” or “ DU” means a Client employee or Contractor designated by Client to access the Yardi Cloud and Use the Yardi Cloud Services and Licensed Programs for Business Pur- poses.

g. “Effective Date” means the date of the last party signature on this Agreement..

h. “Fees” means the fees identified in Schedule A (Fee
Schedule), and any other fees that may become due under this Agreement.

i. “Force Majeure Event” means any event beyond the rea- sonable control of the party affected by such event, including with- out limitation fire, storm, weather, earthquake, explosion, casualty, strike, war, riot, civil disturbance, act of God, acts or omission of any third party, any state or national law, decree, or ordinance, or any executive or judicial order, which event causes a party to delay or fail to perform under this Agreement.

j. “Initiation Date” means March 1, 2025.

k. “Licensed Programs ” means the software program(s)
identified in Schedule A (Fee Schedule).

l. “Licensed Programs Documentation ” means the user
manuals and documentation for the Licensed Programs.

m. “Password” means the unique username and password
assigned by Client to each Designated User as more fully de- scribed in section 6 (Users and Passwords).

n. “POC(s)” means the person(s) Client identifies to Yardi as point(s) of contact for application support services and other ac- count management purposes.

o. “Undisputed Fees” means all Fees due from Client under this Agreement which Client does not reasonably and in good faith dispute - and provide notice of such dispute in accord with section 18(f) (Notices) - within 30 days of invoice.

p. "Use" means authorized access to the licensed software in the Yardi Cloud and use of the Licensed Programs and Licensed Programs Documentation by Designated Users solely for Business Purposes.

q. “Yardi Cloud” means the hardware, software, storage, fire- walls, intrusion detection devices, load balancing units, switches and other hardware that make up the Yardi Cloud.

r. “Yardi Cloud Services ” means installation, maintenance and service of the hardware and software comprising the Yardi Cloud.

2. License Grant; Restrictions; Access to Yardi Cloud.
a. Licenses. Yardi grants to Client a non -exclusive, non - transferable (except as expressly provided in this Agreement), lim- ited license for Designated Users to: (i) access the Yardi Cloud and Use the Licensed Programs and Yardi Cloud Services solely for Business Purposes; and (ii) access the Licensed Programs Docu- mentation and other content on Yardi’s Client Central website solely for Business Purposes and subject to the terms of use then- presented on Client Central.

b. Restrictions. Client may only exercise the license granted in section 2(a) (Licenses) through its Designated Users. Client may not rent, lease, sell, transfer (by sublicense, assignment or other- wise except as expressly provided by this Agreement), time share, modify, reproduce, copy, make derivative works from, distribute, publish, use to provide service bureau services, or publicly display 49

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the Licensed Programs. Client may only Use the Licensed Pro- grams for Business Purposes. Client may not reverse engineer, de- compile or otherwise attempt to discover the source code for the Licensed Programs. Client may not permit any person or entity to breach the restrictions in this section 2(b) (Restrictions). Client may not copy or re-create the Licensed Programs or its objects without Yardi’s prior express written consent. Client agrees that the Li- censed Programs must remain at all times in the Yardi Cloud, and may not be removed or copied to any other location at any time.

Client acknowledges and agrees that Client may not perform scans or electronic testing of any kind on the Yardi Cloud, Licensed Pro- grams, Yardi’s corporate networks, and Yardi’s corporate servers including, without limitation, vulnerability scanning or testing, pen- etration scanning or testing or any other type of scanning or testing of the Yardi Cloud, Licensed Programs, Yardi’s corporate net- works, and Yardi’s corporate servers.

c. Access to the Yardi Cloud. Yardi will use commercially reasonable efforts to make the Yardi Cloud and the Licensed Pro- grams accessible to Designated Users 24 -hours per day, 7 days per week, excluding down time for maintenance and repair. Yardi has standing maintenance/repair/backup hours from 11:00 pm (lo- cal time at the data center) each day to 1:00 am (local time at the data center) each succeeding day, and an additional 2 hours for the maintenance/repair/backup hours beginning at 11:00 pm (local time at the data center) each Saturday night [i.e., the Saturday - night-to-Sunday-morning standing maintenance/repair/backup hours extend an extra 2 hours until 3:00 am (local time at the data center) each succeeding Sunday]. Yardi will use commercially rea- sonable efforts to provide as much notice to Client as reasonably possible under the circumstances for emergency maintenance/re- pair downtime outside the aforementioned standing hours.

3. Term and Termination.
a. Term. This Agreement will commence on the Effective
Date and shall remain in full force for an initial term of sixty (60) months, ending on February 28, 2030, (the “Initial Term”) unless earlier terminated in accord with this Agreement. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive 1-year terms (each a “Renewal Term”) if (i) Client ten- ders payment of Client’s then-current Total Annual Fee, and (ii) nei- ther party provides written notice of non-renewal at least 30 days prior to expiration of the then-current (Initial or Renewal) Term. The Initial Term and Renewal Term(s) shall be collectively referred to as the “Term.”

b. Intentionally Omitted.

c. Termination for Cause. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches this Agreement and fails to cure such breach within 7 days of written notice of a material breach, or if the breach- ing party cannot reasonably cure the material breach within 7 days, the breaching party fails to initiate cure within 7 days and fails to continuously and diligently work to cure the breach until the breach is cured. Termination pursuant to this section 3(c) (Termination for Cause) shall be effective upon delivery of written notice after expi- ration of the applicable cure period.

d. Effect of Termination. Upon the effective date of this Agreement’s termination or expiration: (i) the license for the Li- censed Programs and Licensed Programs Documentation will ter- minate; (ii) Client will cease Use of the Yardi Cloud, Yardi Cloud Services, Licensed Programs and Licensed Programs Documen- tation; (iii) Client’s access to the Yardi Cloud and Licensed Pro- grams will be disabled; and ( iv) Client shall pay any Undisputed Fees to Yardi.

e. Survival. The parties’ obligations under, and the provisions of, sections 4 (License Fees), 8(b) (Limited Liability for Unauthor- ized Client Data Access), 9 (Confidentiality), 10 (Warranties), 11 (Damage Limitations), 13 (Indemnification), 15 (Assignment) and 18 (General Provisions) shall survive this Agreement’s termination or expiration.

4. License Fees.
a. Fees. Client agrees to pay Yardi the Fees in accordance with the payment terms set forth in Schedule A (Fee Schedule).

b. Failure to Pay. Client’s failure to timely pay any Undis- puted Fee when due is a material breach subject to the terms of section 3(c) (Termination for Cause).

c. Taxes. The Fees are exclusive of any tariff, duty, or tax, however designated, levied, or based including, without limitation, any taxes based on: (i) this Agreement; (ii) the Licensed Programs, Yardi Cloud, Yardi Cloud Services, or Deliverables; (iii) Client's Use of the Yardi Cloud, Yardi Cloud Services, or Licensed Programs; (iv) the Licensed Programs Documentation; or (v) any materials or supplies furnished by Yardi per this Agreement. Client is responsi- ble for all applicable tariffs, duties, or taxes (exclusive of taxes based on Yardi's net income) applicable to this Agreement.

d. Partial Fee Disputes. If Client reasonably and in good faith disputes any Fees, and provides notice in accord with section 18(f) (Notices) of such dispute, Client agrees that any undisputed portion of such Fees are Undisputed Fees and Client agrees to timely pay any such Undisputed Fees.

5. Implementation and Training.
a. Third Party Software and Hardware Requirements. Cli- ent is solely responsible for purchasing, installing, and maintaining, at Client’s expense, any third party software and hardware neces- sary for Designated Users to access the Yardi Cloud and Use the Licensed Programs and Yardi Cloud Services. Yardi shall not be liable for any such third party s oftware or hardware, and Client acknowledges and agrees that any assistance provided by Yardi in connection with such third party software and hardware shall not alter Client’s responsibility or Yardi’s liability disclaimer under this section 5(a) (Third Party Software & Hardware Requirements).

b. Location. Implementation and training services may (at Client’s election) take place at a location specified by Client or via telecommunications. Yardi will bill Client for initial implementa- tion/training services as indicated in Schedule A (Fee Schedule).

Client may request additional on -site implementation/training ser- vices [i.e., in addition to the on -site implementation/training ser- vices set forth in Schedule A (Fee Schedule)] at any time and Yardi will make commercially reasonable efforts to timely accommodate Client's request. Additional on -site implementation/training ser- vices are subject to the parties’ mutual agreement on: (i) the sched- ule for performance of the additional services; and (ii) Yardi’s Fees for the additional services. Client acknowledges and agrees that no recording of any sort (whether audio, visual, or otherwise) of Yardi Implementation/Training services is allowed under this Agreement or otherwise.

c. On-Sites. Client acknowledges that in-person implementa- tion/training service visits at a Client location require a minimum visit of 8 hours per visit. Client agrees to pay all expenses associ- ated with on -site visits incurred in accordance with Yardi’s then - current travel and expense policy. Client acknowledges that train- ing services for more than 12 Client trainees require Client to pay for 1 additional Yardi trainer for each 12 Client trainees in excess of 12. Client agrees that Client must pay for any implementa- tion/training services cancelled less than 10 business days prior to their scheduled date.

d. Data Conversion. Yardi will bill Client for electronic data 50

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conversion services, if initially ordered, at the rate stated in Sched- ule A (Fee Schedule). Absent an agreement to the contrary, Client shall otherwise be solely responsible for data conversion, data preparation, data entry and data verification, and any post-conver- sion clean-up. Additional Yardi data conversion services [i.e., in ad- dition to any initial data conversion services set forth in Schedule A (Fee Schedule)] are subject to t he parties’ mutual agreement on:
(i) the schedule for performance of the additional services; and (ii) Yardi’s Fees for the additional services.

e. Testing. Client shall have 90 days commencing upon the Effective Date (the " Testing Period ") to test the Licensed Pro- grams, Yardi Cloud and Yardi Cloud Services. At any time during the Testing Period, Client may elect to cease Use of the Licensed Programs, Yardi Cloud and Yardi Cloud Services and cancel this Agreement, in which event Yardi will refund to Clie nt all amounts paid by Client to Yardi pursuant to this Agreement less reasonable amounts [determined by reference to the Fees/rates indicated in Schedule A (Fee Schedule)] for initial set-up, implementation, train- ing and support of the Licensed Programs, Yardi Cloud and Yardi Cloud Services provided prior to Client’s notice of cancellation pur- suant to this section 5(e) (Testing).

6. Users and Passwords.
a. Designated Users. Client agrees that its exercise of the license granted by this Agreement shall only be through its Desig- nated Users. Client’s license to access and Use the Yardi Cloud and Licensed Programs is limited as provided in Schedule A (Fee Schedule). Each Designated User must have a unique Password.

b. Password Assignment. Client’s application support
POC(s) will be Designated Users, will designate the other Desig- nated Users, and will provide each other Designated User with a Password. Each Password shall be personal and unique to the ap- plicable Designated User, and may not be used by anyone other than such Designated User. Each Password may only be used from 1 computer at any given time. Client shall be responsible for maintaining Designated User Password security.

c. Client Obligations with Respect to Designated Users.

Client shall inform each Designated User of this Agreement’s terms and restrictions and shall enforce such restrictions. Client agrees to notify Yardi if Cl ient becomes aware of any failure of a Desig- nated User to adhere to the license terms and restrictions in this Agreement.

7. Application Support & Upgrades.
a. Application Support Service. Yardi will provide applica- tion support and upgrades for the Licensed Programs as set forth in this section 7 (Application Support & Upgrades).

b. Client Contacts. Client agrees to appoint application sup- port POC(s). Client may change the application support POC(s) upon advance written notice to Yardi. Yardi shall have no obligation to contact, or communicate with, anyone regarding application sup- port and maintenance issues except Client’s application support POC(s). Client acknowledges that it is Client’s responsibility to keep Client’s application support POC(s) current, and to notify Yardi of any changes.

c. Yardi Contacts. During initial implementation, Yardi shall appoint an account manager to Client’s account. After initial imple- mentation, Yardi will either assign Client to an account manager or an application support team. Yardi may change the identity of indi- vidual account managers from time to time upon notice to Client.

Client’s application support records relating to Client will be availa- ble to Yardi’s entire application support team at all times.

d. Application Support Services. Yardi shall provide appli- cation support for the Licensed Programs through its account man- agers and technical staff to Client’s application support POC(s).

Application support does not include on-site installation, implemen- tation, training, or testing of the Licensed Programs, nor does it in- clude data conversion. Those services, if initially ordered, are spec- ified in Schedule A (Fee Schedule). Yardi’s application support ser- vice team will use commercially reasonable efforts to address and solve Client’s issues but cannot guarantee satisfaction in every case.

e. Total Hours Included. Client’s annual application support allotment is specified in Schedule B.

f. Application Support Hours. Yardi’s application support hours are from 5:00 am to 5:00 pm (Pacific Time) Monday through Friday (excluding holidays).

g. Priority.
(i) Yardi shall have the right to prioritize application support requests according to the application support issue’s impact on Cli- ent. Yardi will prioritize application support requests in the following order:

Priority 1: Business halted (total inability to perform normal opera- tion)
• Client will submit support requests by telephone to
Yardi’s application support number.
• Response as rapid as reasonably feasible – generally
within 2 business hours.

Priority 2: Business impacted (severe restriction of Client’s Use of the Licensed Programs – a potentially critical problem) • Client will submit support requests by telephone to
Yardi’s application support number.
• Prompt response subject only to delays for priority 1 is- sues, generally within 4 business hours.

Priority 3: Non-critical service requests (any issue that is not a Pri- ority 1 or Priority 2 issue)
• Client will submit support request by telecommunications to Yardi application support.
• Response subject to delays for priority 1 and 2 issues, generally within 1 business day.

(ii) Yardi will work on Priority 1 and 2 issues with continuous focus, and with Client’s cooperation, through resolution.

h. Standard Term. Application support services are subject to this Agreement’s terms and timely payment of all Undisputed Fees. Subject to the section 3(c) (Termination for Cause) notice and cure provisions, Yardi may suspend application support ser- vices if Client fails to timely make any Undisputed Fee payment.

i. Obsolescence. Yardi reserves the right to cease providing application support services for the Licensed Programs on the later of: (i) 3 years from the date on which Yardi ceases to license the Licensed Programs; or (ii) 5 years from the Effective Date. Yardi agrees to notify Client if and when Yardi will cease application sup- port services in accord with this section 7(i) (Obsolescence).

8. Client Data.
a. Client Data Storage. Subject to Force Majeure Events, Yardi agrees to store Client Data on a virtual database server in the Yardi Cloud.

b. Limited Liability for Unauthorized Client Data Ac cess.

Yardi agrees to use: (i) firewalls and other technology generally used in the trade to prevent unauthorized third party access to its 51

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computer systems storing Client Data; and (ii) encryption technol- ogy generally used in the trade to prevent unauthorized third party access to Client Data transmissions. Notwithstanding the forego- ing, Yardi shall not be liable to Client in the event that: (A) its use of firewalls and other technology generally used in the trade fails to prevent unauthorized third party access to Client Data; or (B) its use of encryption technology generally used in the trade fails to prevent unauthorized third party access to Client Data transmis- sions. Nothing in this section 8(b) (Limited Liability for Unauthorized Client Data Access) shall constitute a representation or warranty by Yardi that Client Data storage or transmission will be inaccessi- ble to unauthorized third parties.

9. Confidentiality.
a. Confidential Information Definition. “Confidential Infor- mation” means all technical and non-technical information includ- ing: (i) Client Data; (ii) patent, copyright, trade secret, and other proprietary information; (iii) inventions, know-how, processes, or al- gorithms; (iv) software programs, software source documents, ob- ject code, source code, database dictionaries, network diagrams, UML diagrams, Licensed Programs, Licensed Programs Docu- mentation, Licensed Programs schema, Licensed Programs func- tions, Licensed Programs user interface screens, SSIS, data ware- house schema, cube specifications and configuration, the reports generated by the Licensed Programs, Yardi Cloud specifications and configuration, Yardi Cloud hardware specifications and config- uration, and Yardi Cloud Services; (v) development, design details and specifications; (vi) a party’s financial information; (vii) customer lists, business forecasts, sales and marketing plans and infor- mation; (viii) the prices o ffered or paid per this Agreement for Yardi’s products and services; (ix) SSAE18 audit reports and any information related to SSAE18 audit reports; (x) any information re- lated to PCI DSS compliance; (xi) this Agreement’s terms (with the exception for disclosing the Agreement's terms to the extent nec- essary under applicable law for city council approval); and (xii) any other information disclosed by a party, or to which a party is ex- posed because of this Agreement, that the disclosing party identi- fies as confidential at the time of disclosure or which – by its nature - reasonably should be regarded as confidential.

b. Nondisclosure and Nonuse Obligations. Each party (the “Receiving Party”) agrees that it will not disseminate, distribute, expose, or in any way disclose any Confidential Information of the other party (the “Disclosing Party”) to any third party. The Receiv- ing Party may use the Disclosing Party’s Confidential Information to the extent necessary to perform its obligations under this Agree- ment. The Receiving Party’s employees and Contractors may use Confidential Information only for the specific business purpose for which it was made available and not for any other purpose. The Receiving Party’s employees and Contractors may not use Confi- dential Information in any way that may compete with Disclosing Party. The Receiving Party may not disclose Confidential Infor- mation to its employees and Contractors for the purpose of ena- bling any such employees or Contractors to service, maintain, or modify the Licensed Programs. The Receiving Party agrees that it will treat all Confidential Information with the same degree of care as the Receiving Party accords its own Confidential Information, but in no event less than reasonable care. The Receiving Party agrees that it shall disclose Confidential Information only to those of its employees and Contractors who need to kno w such infor- mation, and the Receiving Party certifies that such employees and Contractors have previously agreed, either as a condition to em- ployment or in order to obtain the Confidential Information, to be bound by terms and conditions applicable to the Receiving Party under this Agreement. The Receiving Party shall immediately give notice to the Disclosing Party of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information. The Receiving Party agrees to assist the Disclosing Party in remedying any such unauthorized use or disclosure of Disclosing Party’s Confidential Information.

c. Exclusions from Nondisclosure and Nonuse Obliga-
tions. The Receiving Party’s obligations per section 9(b) (Nondis- closure and Nonuse Obligations) shall not apply to Confidential In- formation that the Receiving Party can document: (i) was (through no fault of the Receiving Party) in the public domain at or subse- quent to the time the Disclosing Party disclosed the information to the Receiving Party; (ii) was rightfully in the Receiving Party’s pos- session free of any confidentiality obligation at or subsequent to the time the Disclosing Party disclosed it to the Re ceiving Party; or (iii) was developed by the Receiving Party’s employees or agents independent of, and without reference to, any information commu- nicated to the Receiving Party by the Disclosing Party. A Confiden- tial Information disclosure by the Receiving Party either: (A) in re- sponse to an enforceable order by a court or other governmental body; (B) as otherwise required by law (for the avoidance of doubt, Client is a municipal corporation subject to the California Public Records Act); or (C) necessary to establish the rights of either party under this Agreement, shall not be a breach of this Agreement by the Receiving Party or a waiver of confidentiality for other pur- poses; provided, however, the Receiving Party shall provide prompt prior written notice of any such Confidential Information dis- closure to the Disclosing Party (to the extent allowed by applicable law) to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure.

d. Ownership and Return of Confidential Information. The Disclosing Party’s Confidential Information is and shall remain the Disclosing Party’s property, and this Agreement does not grant or imply any license or other rights to the Disclosing Party’s Confiden- tial Information except as expressly set f orth in this Agreement.

Within 5 business days after the Disclosing Party’s request, the Re- ceiving Party will promptly either (at the Disclosing Party’s election) destroy or deliver to the Disclosing Party all Confidential Infor- mation furnished to the Rece iving Party, and the Receiving Party agrees to provide a written officer’s certification of the Receiving Party’s compliance with the foregoing obligation.

e. Third Party Information Disclosure. The Disclosing Party shall not communicate any information to the Receiving Party in violation of the proprietary rights of any third party.

10. Warranties.
a. Limited Software Warranty. Yardi warrants that the Li- censed Programs will perform substantially as specified in the Li- censed Programs Documentation. Yardi does not warrant that the Licensed Programs will meet Client’s requirements and expecta- tions.

b. Remedy for Limited Software Warranty Breach. If Yardi breaches the warranty set forth in section 10(a) (Limited Software Warranty), Yardi agrees to use commercially reasonable efforts to modify the Licensed Programs so that the Licensed Programs con- form to that warranty. If such modification is not commercially rea- sonable, then Yardi will notify Client and Client may terminate this Agreement. In the event Client terminates this Agreement per this section 10(b) (Remedy for Limited Software Warranty Breach), Yardi will refund to Client, on a pro-rata basis, the annual Fees paid by Client to Yardi within the year prior to the effective date of Cli- ent’s termination. THE FOREGOING REMEDY IS CLIENT’S SOLE

REMEDY IN THE EVENT OF A BREACH OF THE WARRANTY
SET FORTH IN SECTION 10(a) (Limited Software Warranty).

c. Warranty Disclaimer . EXCEPT AS EXPRESSLY SET

FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT

ALLOWED UNDER APPLICABLE LAW, YARDI DISCLAIMS

ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES

WITH REGARD TO THE LICENSED PROGRAMS INCLUDING ,

BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER-
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CHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE.

d. Internet Performance Disclaimer. Yardi does not and cannot control the flow of data via the internet. Such flow depends in large part on the performa nce of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt the internet. Yardi will use com- mercially reasonable efforts to remedy and avoid such events, but cannot guarantee that such events will not occur. Accordingly, Yardi disclaims any liability resulting from or relating to such events.

11. Damage Limitations.
a. Damage Waiver. REGARDLESS OF ANY OTHER PRO-

VISION IN THIS AGREEMENT, AND TO THE FULLEST EXTENT

ALLOWED BY APPLICABLE LAW, YARDI DISCLAIMS ALL OB-

LIGATIONS AND LIABILITIES FOR SPECIAL, INDIRECT, INCI-

DENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL

DAMAGES, ATTORNEYS' AND EXPERTS' FEES, AND COURT

COSTS (EVEN IF YARDI HAS BEEN ADVISED OF THE POSSI-

BILITY OF THESE DAMAGES ), ARISING FROM OR IN CON-
NECTION WITH THIS AGREEMENT.

b. Liability Limit. IN ADDITION TO THE L IMITATIONS

OTHERWISE SET FORTH IN THIS AGREEMENT, AND TO THE

FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CLIENT

AGREES THAT IN THE EVENT OF ANY CLAIM OR CAUSE OF

ACTION BY CLIENT ARISING OUT OF OR CONNECTED WITH
THIS AGREEMENT, YARDI’S MAXIMUM LIABILITY TO CLIENT,

REGARDLESS OF THE AMOUNT OF LOSS CLIENT MAY HAVE

SUFFERED, SHALL NOT EXCEED THE FEES PAID BY CLIENT

TO YARDI PURSUANT TO THIS AGREEMENT WITH IN THE
YEAR PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

12. Ownership.
a. Yardi’s Ownership. Client agrees that, as between Yardi and Client, Yardi is and shall remain the sole and exclusive owner of all right, title and interest in and to the Licensed Programs, De- liverables, Yardi Cloud, Yardi Cloud Services, and Licensed Pro- grams Documentation, and to all intellectual property rights in the foregoing. The only rights Client obtains in the Licensed Programs, Deliverables, Yardi Cloud, Yardi Cloud Services, and Licensed Programs Documentation are the licenses expressly granted to Cli- ent in this Agreement.

b. Client’s Ownership. Yardi agrees that, as between Yardi and Client, Client is and shall remain the sole and exclusive owner of all right, title, and interest in and to Client Data. Client represents and warrants that Client has all necessary rights, title, and interest in and to all materials and/or content that Client provides for, or uploads to: (i) the database(s) associated with the Licensed Pro- grams; (ii) the Yardi Cloud; and/or (iii) any Yardi-hosted site; includ- ing, without limitation, materials and/or content that Client provides for use on Client’s R entCafe portal(s) and documents that Client uploads to FillDocs, eDocs, RentCafe Lease Documents, or EHR suite (collectively, “ Client Content ”). Client acknowledges and agrees that Yardi has no responsibility or duty to review, approve, or pre-screen Client Content that Client provides for, or uploads to:
(A) the database(s) associated with the Licensed Programs; (B) the Yardi Cloud; and/or (C) any Yardi -hosted site. Client grants Yardi a worldwide, non -exclusive, royalty-free license and right to use, reproduce, distribute, modify, and display Client Content in connec- tion with Business Purposes. Client acknowledges and agrees that if a third party believes their copyr ight has been infringed by any Client Content, Yardi has implemented policies in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512, and Yardi reserves the right to remove any material found to be infring- ing under Yardi’s aforementioned policies.

13. Indemnification.
a. Yardi Indemnity.
(i) Indemnity. Yardi agrees to defend, indemnify, and hold Client harmless from and against any third party claims, actions or demands alleging that Client’s Use of the Yardi Cloud, Yardi Cloud Services, Licensed Programs, Licensed Programs Documentation, and Deliverables in accordance with this Agreement’s terms in- fringes on a third party’s proprietary information, trademark, copy- right, patent rights or intellectual property rights, or misappropriates a third party’s trade secrets.
(ii) Indemnity Conditions. Yardi’s defense and indemnifica- tion obligations per section 13(a)(i) (Indemnity) are conditioned upon the following: (I) Client providing Yardi with prompt written notice of any claim for w hich indemnification is sought; (II) Yardi having sole control of the defense and settlement of such claim, provided, however, that Client shall have the right to have any suit or proceeding monitored by counsel of Client’s choice and at its expense; and (III) Client’s reasonable cooperation with Yardi in the defense and settlement of the claim.
(iii) Injunction. If the Licensed Programs become the sub- ject of a patent, trademark, copyright, or trade secret misappropri- ation or infringement claim, and such claim results – or is reasona- bly likely to result – in an injunction against Client’s continued Use of the Licensed Programs, Yardi will: (I) replace or modify the Li- censed Programs to avoid the misappropriation/infringement claim; (II) secure Client’s right to continue Use of the Licensed Programs; or (III) if neither (I) or (II) is commercially practicable, either party may terminate this Agreement upon written notice to the other party.

b. Client Indemnity.
(i) Indemnity. Client agrees to defend, indemnify, and hold Yardi harmless from and against any third party claims, actions or demands alleging that Yardi’s use, reproduction, distribution, mod- ification, and/or display of Client Content for Business Purposes in accordance with this Agreement’s terms infringes on a third party’s proprietary information, trademark, copyright, patent rights or intel- lectual property rights, or misappropriates a third party’s trade se- crets.
(ii) Indemnity Conditions. Client’s defense and indemnifica- tion obligations per section 13(b) (Indemnity) are conditioned upon the following: (I) Yardi providing Client with prompt written notice of any claim for which indemnification is sought; (II) Client having sole control of the defense and settlement of such claim, provided, how- ever, that Yardi shall have the right to have any suit or proceeding monitored by counsel of Yardi’s choice and at its expense; and (III) Yardi’s reasonable cooperation with Client in the defense and set- tlement of the claim.

14. Programming Services.
a. Programming Services. Yardi provides programming ser- vices including, without limitation, database customizations, user interface customizations, database reports, database scripts and other programming services (collectively, “ Programming Ser- vices”).

b. Programming Services Terms. The Fees for Program-
ming Services, if initially ordered, are set forth in Schedule A (Fee Schedule). Client will otherwise initiate Programming Service re- quests by providing written notice of the desired services to Yardi, and Yardi will advise Client of Yardi's availability and schedule for performing the Programming Services. Programming Services are subject to Client's written acceptance of: (i) Yardi's schedule for meeting Client's Programming Service request; and (ii) Yardi' s Fees for such Programming Services.

c. Deliverables License. Subject to Client’s full payment of all Undisputed Fees related to Programming Services, Yardi grants to Client a non -exclusive, non-transferable (except as expressly provided in this Agreeme nt), limited license for Designated Users 53

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to Use the Deliverables in connection with their Use of the Licensed Programs, Yardi Cloud and Yardi Cloud Services.

15. Assignment.
a. Assignment Limitation. Except for the exceptions speci- fied in section 15(b) (the “Permitted Exceptions”), Client shall not (either directly or indirectly) assign, sell, convey, pledge, or other- wise transfer this Agreement without first obtaining Yardi's express written consent, which Yardi shall not unreasonably withhold. Ex- cept for the Permitted Exceptions, any attempted assignment made without Yardi’s prior express written consent is void and a material breach of this Agreement.

b. Permitted Exceptions. Subject to the conditions prece- dent set forth in this section 15(b) (Permitted Exceptions), Client may assign this Agreement without Yardi’s prior consent and upon notice: (i) to a wholly owned subsidiary; or ( ii) in connection with any merger, acquisition, or reorganization involving Client. Any as- signment is subject to the following conditions: (A) Client, or Cli- ent’s successor, continuing in the same type of business that Client was conducting at the time of this Agreement’s execution; and (B) Client or Client’s successor providing to Yardi a written ratification and assumption of this Agreement (in a form reasonably satisfac- tory to Yardi) concurrent with the assignment.

16. Outsourcing.
a. Server Location. Yardi reserves the right to locate the vir- tual servers and other equipment needed to provide the Yardi Cloud either at its facilities or at the facilities of independent service providers. Yardi may change the location of the virtual servers and other equipment needed to provide the Yardi Cloud at any time during this Agreement’s Term; provided that any such change of location shall not af fect Yardi’s obligations under this Agreement and shall not interrupt Client’s access to the Yardi Cloud, Client Data, and Licensed Programs.

17. Mediation.
a. Mediation Request; Condition Precedent. In the event of a dispute arising out of or related to this Agreement which the par- ties are unable to resolve through direct negotiation, either party may serve upon the other at its principal place of business a re- quest for mediation. Neither party may f ile an action against the other in any court, or
initiate any other legal proceeding,
unless and
until the party seeking to do so has first requested a mediation hearing and made a good faith effort to complete the mediation process provided in this Agreement.

b. Mediation Process. The parties will select a neutral, inde- pendent mediator with experience in the relevant subject matter by the rules of the office of the Judicial Arbitration and Mediation Ser- vice (JAMS) closest to the mediation venue. The parties shall con- duct the mediation not less than 10 or more than 20 days from the date the party requesting mediation gives notice of the request for mediation to the other party. The parties shall conduct the media- tion in Santa Barbara, California. The parties shall equally bear the mediation costs.

c. Mediation Confidentiality. The parties shall maintain the mediation proceedings in confidence and shall not disclose to third persons the statements made in mediation by the other parties or the mediator. The mediation confidentiality provisions of California Evidence Code sections 1115 – 1128 shall apply to the mediation proceedings.

d. Mediation Statements; Attendee Authority. At least 5 days before the date of the mediation, each party shall provide the mediator and the other party with a statement of its position and copies of supporting documents. Each party shall send to the me- diation a person who has authority to bind the party.

e. Non-Binding. If a party participates in good faith in a me- diation and is dissatisfied with the outcome, that party may then invoke all legal rights and remedies available to the party at law or in equity.

18. General Provisions.
a. Independent Contractor Status. The parties agree that they are independent contractors and nothing in this Agreement is intended to make the parties partners, agents, joint venturers, or any other form of joint enterprise , or to make the employees, agents, or representatives of one of the parties into employees, agents, or representatives of the other party. No party to this Agree- ment shall have any express or implied right or authority to assume or create any obligations on behalf of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.

b. Governing Law. This Agreement shall be governed and
determined by the laws of the United States and the State of Cali- fornia as such laws are applied to agreements made and per- formed entirely within the State of California.

c. Venue. Any action or proceeding related to or arising out of this Agreement shall be resolved only in a court of competent juris- diction in the City of Santa Barbara, State of California (or the court of competent jurisdiction closest to the City of Santa Barbara, CA if no court of competent jurisdiction resides in the City of Santa Bar- bara, CA), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried else- where.

d. Injunctive Relief.
(i) Yardi Injunctive Relief . The parties acknowledge and agree that, if Client breaches any of its obligations under sections 2(a) (Licenses), 2(b) (Restrictions), 9 (Confidentiality) or 15 (As- signment), Yardi might incur irreparable harm and damage that might not be fully compensated with monetary damages. Accord- ingly, if Client breaches any provision of sections 2(a) (Licenses), 2(b) (Restrictions), 9 (Confidentiality), or 15 (Assignment) Yardi may seek specific performance of Client’s obligations under those sections and injunctive relief against any further violations of those sections.
(ii) Client Injunctive Relief. The parties acknowledge and agree that, if Yardi breaches any of its obligations under section 9 (Confidentiality) Client might incur irreparable harm and damage that might not be fully compensated with monetary damages. Ac- cordingly, if Yardi breaches any provision of section 9 (Confidenti- ality) Client may seek specific performance of Yardi’s obligations under that section and injunctive relief against any further violations of that section.

e. Binding Effect. This Agreement is binding on and inures to the benefit of the parties and their permitted assigns, succes- sors, and legal representatives.

f. Notices.
(i) The parties shall deliver any notice required by this Agreement by personal delivery, certified U.S. Mail return re ceipt requested, or established, reputable expedited delivery carrier providing proof of delivery service, and will be deemed given upon confirmed delivery to the party to whom it is intended at its record address. The record addresses of the parties are set forth below.

(ii) If to Client:

Attn: Rhonda Hodge

OXNARD HOUSING AUTHORITY
435 S D St
Oxnard, CA 93030

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(iii) If to Yardi:

Attn: Legal Department
YARDI SYSTEMS, INC.
430 S. Fairview Ave.

Goleta, CA 93117

(iv) Either party may change its record address by giving written notice of such change to the other party.

g. Waiver. The waiver of a party’s breach of this Agreement shall not operate or be construed as a waiver of any other or sub- sequent breach.

h. Severability. If a court or other body of competent jurisdic- tion determines that any part of this Agreement is unenforceable, the remainder of this Agreement shall nevertheless remain en- forceable.

i. Headings. This Agreement’s section headings and cap- tions are inserted for convenience only and are not intended to form a material part of this Agreement.

j. Data Use. Yardi may aggregate, compile, and use Client Data in order to improve, develop or enhance the Licensed Pro- grams and/or other services offered, or to be offered, by Yardi; pro- vided that no Client Data is identifiable as originating from, or can be traced back to, Client or a Client customer, tenant, or resident in such aggregated form.

k. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the agreement between the parties pertaining to this Agreement’s subject matter and super- sedes all prior and contemporaneous understandings or agree- ments of the parties. No party has been induced to enter into this Agreement by, n or is any party relying on, any representation or warranty except those inducements, representations and warran- ties expressly set forth in this Agreement.

l. Non-Solicit/Non-Hire. The parties agree not to solicit (other than a general solicitation to the public) the employment of, engage as an independent contractor, or hire, any employee of the other party while such person is an employee of the other party and until such person has not been an employee of the other party for 6 months.

m. Modification. The parties may only modify or amend this Agreement by a writing signed by both parties; provided, however, that Client may increase Client’s licensed Designated User, prop- erty, unit, etc. count (as applicable) by delivering to Yardi a signed copy of Yardi’s standard, approved form for such changes.

n. Force Majeure . Neither party shall be liable under this Agreement for failure or delay in performance caused by a Force Majeure Event. If a Force Majeure Event occurs, the party affected shall use commerci ally reasonable efforts to resume the perfor- mance excused by the Force Majeure Event.

o. Right to Audit and Compliance. In accordance with
Yardi’s obligations to credit bureaus, credit reporting agencies, and including Yardi’s obligation to help prevent and detect potentially fraudulent and/or suspicious activity, Client acknowledges and agrees that Yardi may conduct random as well as regular monitor- ing of users’ access to and use of the Yardi Cloud and Licensed Programs as they relate to this Agreement in order to validate that users are accessing and using the Yardi Cloud and Licensed Pro- grams for legitimate purposes and in accord this Agreement. Addi- tionally, pursuant to any obligations Yardi has, or may have, under any laws or regulations concerning the prevention of identity theft, financial fraud, money laundering, terrorist financing, etc., Client agrees to comply with any standard Yardi ‘know-your-client’ re- quirements, processes, and/or procedures.

p. [Reserved]

q. Signature; Counterparts. This Agreement is not binding on the parties until both parties have signed it and have received a copy signed by the other party. However, both signatures need not appear on the same copy of this Agreement, so long as both signed copies have identical contents. The parties may transmit signatures on this Agreement by electronic transmission, which shall be bind- ing upon the parties. Counterparts with original signatures shall be provided to the other party within 5 days of electronic transmission; however, the failure to provide the original counterpart shall have no effect on this Agreement’s enforceability or binding nature. If executed in counterparts, this Agreement will be as effective as if simultaneously executed.

OXNARD HOUSING AUTHORITY (“Client”)
By: {SIG_Client}
Date: {DT_Client}
Print Name: {NA_Client}
Title: {TI_Client}

YARDI SYSTEMS, INC. (“Yardi”)
By: {SIG_Emp}
Date: {DT_Emp}
Print Name: {NA_Emp}
Title: {TI_Emp}

Rev. 071823

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SCHEDULE A

Fee Schedule
Yardi Pin #: 100041668

Yardi Order #: 450096

Description
Unit of Measure
(UOM) Count $/UOM
$/UOM
Concession
Net
$/UOM Annual Fee
Voyager SaaS Select PHA Property Management v1 Unit 2,345 $20.00 ($4.44) $15.56 $36,488.20 Inspector General Unit 2,345 $2.00 ($1.41) $0.59 $1,383.55 RentCafe PHA Portal Package Unit 2,345 $24.00 ($9.64) $14.36 $33,674.20 $71,545.95
Description UOM Count $/UOM
$/UOM
Concession
Net
$/UOM Monthly Fee
Payment Processing v2 transaction TBD per PPv2 Fees TBD TBD
Description
($12,768.00)
Annual Fee $71,545.95
Monthly Fee TBD billed monthly
One-Time Concession ($12,768.00)
Sub-Total $58,777.95
Sales Tax as applicable
Total Due $58,777.95
Annual Fees
Monthly Fees
Total
Total
Additional Terms
One-Time Concessions
Total Fees Due
Concession
Total Strategic One-Time Concession

1. PAYMENT TERMS (excluding applicable taxes): 100% payable upon execution of this Agreement.

2. Client may request future paperwork to increase/decrease the licensed Unit count by a minimum of 25 Units. Client may access Yardi Client Central to increase/decrease the licensed Unit count online without a minimum.

3. Additional terms are set forth in the following schedules to this Agreement:

B – Yardi SaaS Select Subscription Services and Governance Schedule C – Additional Terms
D – Data Processing

4. Fees are subject to increase on each Anniversary Date; such increases shall not exceed the percentage increase outlined by the U.S.

Department of Labor (per the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CP I-W):

U.S. City Average table) for the preceding year.

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SCHEDULE B

Yardi SaaS Select Subscription Services and Governance Schedule

Data and File Management
Yardi will provide Voyager Licensed Program data and file management services per the following guidelines.

1. Voyager Licensed Program production database backup files will be maintained for 14 days on a server accessible by Client via secure transfer server from which Client may retrieve the Voyager Licensed Program database backups at any time; and.

2. Voyager Licensed Program production data will be replicated in near -real-time both locally within the Voyager Licensed Program production data center, as well as to a separate, Voyager Licensed Program off-site disaster recovery location.

Licensed Programs Support and Governance of Use
Yardi will provide consulting and technical support for the Voyager Licensed Program per the following guidelines.

1. Implementation, consulting and support of the Voyager Licensed Program and the Voyager Licensed Program deployed components, where applicable.

Annual Fees Include
Client’s annual Fees include access to the Yardi Cloud, Voyager Licensed Program, Voyager Licensed Program updates/upgrades, and 2 application support hours per $1,000.00 of Client’s annual Fees. Yardi will debit all application support services (in ¼-hour increments with a ¼- hour minimum) against Client’s above-noted Voyager Licensed Program application support allotment except when related to a Software Error. “Software Error” means a reproducible failure of the Voyager Licensed Program to materially perform as specified in the Voyager Licensed Program Documentation. Client acknowledges that data preparation and post conversion data clean-up is inherent in any data conversion, and such additional efforts associate d with a Client data conversion – if performed by Yardi – will be debited against Client’s application support service allotment. Notwithstanding the multi-year Term set forth in the Agreement, Client’s annual Fees and included annual application support allotment apply for annual periods ending on each Anniversary Date, and shall not include unused application support time from prior annual periods. If Client needs additional application support hours at any time, Client may purchase additional hours at Yardi’s then-current prevailing application support rate at the time Client needs the hours.

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SCHEDULE C

Additional Terms

Product Terms:

1. Payment Processing v2: Client has read, understood, and agrees to be bound by the additional payment processing terms and conditions set forth at https://clientcentral.yardi.com/core_custompage/Payment-Processing-PP2-PayFac and incorporated into this Agreement by this reference, as they may be amended from time to time (the “Payment Processing Terms”). Client agrees that such Payment Processing Terms shall govern Client’s use of Yardi’s Payment Services, CHECKscan, and Walk-In Rent Collection/Rent Payment Services. Client’s specific pricing, below, shall take precedence over that pricing outlined in the Payment Processing Terms, so long as this section remains in effect. Client shall implement Payment Processing v2 for 2,345 Units. a. Definitions.
(1) “ACH” means a nationwide funds transfer network that enables participating financial institutions to electronically credit, debit and settle entries to bank accounts.
(2) “Chargeback” means a Transaction that is disputed at the request of either the User or by the User’s card issuer.

A Chargeback will cause the amount of the original sale and a Chargeback fee to be deducted from the Client’s bank account.
(3) “Check 21” means the Check Clearing for the 21 st Century (Check 21) Act and all regulations pertaining to the Check 21 Act.
(4) “CHECKscan” means the process by which paper checks are scanned and converted into an electronic form for payment and automatically recorded within the software. (5) “Check Bill-Pay Payments” means a payment made by the Check 21 payment services provided by Yardi and (if applicable) JHA MC pursuant to these Payment Processing Terms. (6) “Payment Services” means Yardi’s online payment and payment processing services with res pect to Bill -Pay Payments and User charges made using Payment Network-branded payment methods and ACH methods. (7) “Retrieval Fee” means a request made by a User for a sales draft or supporting documentation in order to sub- stantiate a Transaction.
(8) “Third Party Payment Services (TPPS)” means any non-Yardi online payment services designated by Yardi as supported by Yardi with respect to Bill-Pay Payments and User changes made using Payment Network branded payment methods and ACH methods.
(9) “Transaction” means a debit or credit submitted for processing by a User, including but not limited to prospective tenant application fees, tenant rent payments, other document fees, applicable service fees, and resubmission of rejected items, but not including a Bill-Pay Payment.
(10) “Users” means tenants and prospective tenants managed by Client, who make a Transaction as defined above.

With respect to CONDOCafé Certificates only, Users shall mean tenants and prospective tenants managed by Client, and other third parties including but not limited to real estate brokers and attorneys who make a Transac- tion as defined above.
(11) “Yardi Bill-Pay Payment” and “ Bill-Pay Payment” means the ACH or physical check payment made through Payment Processing v2.
b. Fees. In the event Client upgrades from Payment Processing Transactions to Payment Processing v2, Yardi shall continue to charge Client for Transactions at prior rates for 3 months from the effective date of the upgrading document to allow for a period of implementation.
(1) Client-Paid Transactions: Client acknowledges and agrees to pay the following Fees for each of the following Transactions or Bill-Pay Payment type (which apply per Transaction or Bill-Pay Payment):

Payment Processing (for accounts receivable):
a) CHECKscan: $0.50
b) ACH: $0.95
c) Signature Debit Cards: see online terms provided in the hyperlink above d) Credit Cards: see online terms provided in the hyperlink above e) Monthly transaction minimum : If Client fails to meet the monthly transaction minimum outlined in Schedule A (Fee Schedule), if applicable, Yardi shall charge Client for the remaining Transactions (i.e., the Transactions required to satisfy the aforementioned monthly minimum) at the CHECKscan rate outlined above. Client will be invoiced for actual Transactions processed for 9 months commencing on the effective date of the document in which Payment Processing v2 was initially licensed. Thereafter, Client will be invoiced the monthly minimum or actual usage, whichever is greater.

Yardi Bill-Pay (for accounts payable):
a) ACH and Check Writing via Check Bill-Pay Payments: $1.00 TPPS (for accounts receivable):
a) TPPS Change of Service: $950.00 per addition/change to a third party payment processor b) TPPS CHECKscan: see Payment Processing (for accounts receivables) above c) TPPS ACH: see Payment Processing (for accounts receivables) above TPPS (for accounts payable):

2. TPPS Change of Service: $950.00 per addition/change to a third party payment processor

3. TPPS ACH and Check Writing via Check Bill-Pay Payments: see Yardi Bill-Pay (for accounts pay- able) above
(2) Tenant-Paid Transactions. (i) Client desires that Yardi assess each User directly any Fees applicable to each User-initiated Transaction. (ii) Notwithstanding any other term to the contrary, for all Transactions that are desig- 58

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nated by Client as the responsibility of User, any fees or charges imposed by a processing institution, correspond- ent bank, merchant bank or other institution other than the original Transaction Fee (such as Chargebacks and Retrieval Fees) shall at all times be the sole responsibility of Client and not User, which Client acknowledges and agrees to pay.
(3) The Fees set forth above may be amended by Yardi in its reasonable sole discretion. Yardi will, upon Client’s written request, provide Client with the then-current schedule of Fees.

4. RentCafe PHA Portal Package includes the following:
a. RentCafe PHA Online Applications, RentCafe PHA Applicant and Resident Portals, RentCafe PHA Online Certifications, RentCafe PHA Landlord Portal, and the RentCafe Affordable Portal Package. b. Leading practice Workflows and Forms (which are not subject to customizations). Any changes to the Workflows require further scoping between Yardi and Client and a Custom Programming Request.

Allotted DUs included:

1. Agreement includes unlimited residential DUs

Concession Details:

1. Recurring concessions outlined in Schedule A (Fee Schedule) are contingent upon Client maintaining the initial licensing and associ- ated Fee indicated for the corresponding product. If Client reduces licensing which decreases a product’s Fee by more than 10%, the product’s concession shall be reduced in correlation to the Fee reduction. For example, if Client reduces a product’s Fee by 50%, the annual concession for that product shall be reduced by 50%.

Other Terms:

1. Yardi licenses/services are sold separately unless otherwise stated.

2. Client acknowledges that additional licenses/services [i.e., in addition to those initially set forth in Schedule A (Fee Schedule)] require additional Fees at Client’s then-current, cumulative, CPI-increased base rate (which base rate shall be annually CPI-increased upon invoicing approximately 60 days prior to each Anniversary Date) for the additional licenses/services at the time of Client’s request.

Subject to: (i) at least 5 business days’ prior written notice from Client; (ii) Client’s execution of an amendment to the Agreement; and (iii) payment of additional Fees, Yardi will increase Client’s licensed maximum number of licenses.

3. Yardi reserves the right to audit Cl ient’s database at any time solely to confirm the scope of Client’s use of the Licensed Programs relative to Client’s contractual license.

4. In accord with Schedule A (Fee Schedule), Client may add additional licenses/services at any time, and any associated Annual Fee increases shall be prorated from the period the addition is made through the end of Client’s then-current billing cycle. Client may also remove licenses/services upon the first day of each billing period (i.e. , reduce Client's Annual Fee by suc h removals) through the execution of future addenda or online orders placed through Yardi Client Central.

5. RentBureau Data Release and FPN Resident-Link Services: If you choose to release data to RentBureau, a division of Experian Data Corp. (RentBureau), and if you choose to offer your tenants subscription -based identity theft protection services through Resi- dent-Link powered by Fraud Protection Network® (FPN Resident-Link), additional terms apply, are incorporated into the Agreement, and are posted at RENTBUREAU AND RESIDENT-LINK TERMS OF USE AND DATA RELEASE (the DR-TOU). Note that you can release data to RentBureau without implementing FPN Resident-Link Services, but if you decide to offer FPN Resident-Link Services to your tenants, you must release data to RentBureau.

6. Client acknowledges and agrees that ETL for 1 foreign database is included with the core system, and it is to be used solely for the purpose of onboarding property data into the Client’s database and with any other Yardi product for which ETL is recommended for use by Yardi to enhance product function. The foreign database included is not to be used as an interfacing tool with external systems except when ETL services are purchased separately.

7. Client agrees to license Inspector General for all Voyager Units.

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SCHEDULE D

DATA PROCESSING

CLIENT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE A DDITIONAL TERMS AND CONDITIONS IN THE LATEST VERSION OF THE DATA PROCESSING ADDENDUM (DPA) POSTED AT HTTPS://RESOURCES.YARDI.COM/LEGAL/DATA-PRO-

CESSING-ADDENDUM/ (WHICH WILL BE UPDATED FROM TIME TO TIME AND IS INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE), AND ALLOWS CLIENT TO USE YARDI’S PRIVACY AND DATA COMPLIANCE TOOLS.

60 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Federal and State Asset Forfeiture Funds

RECOMMENDATION

That the City Council approve a budget appropriation in the amount of $162,000 for the use of Federal (Fund 191 - $95,000) and State (Fund 192 - $67,000) Asset Forfeiture Funds allocated to the City of Oxnard's Police Department.

(This item did not originate in Committee.)

BACKGROUND

As established under various state and federal statutes, asset forfeiture is intended to disrupt criminal activities through the seizure and forfeiture of the instruments or proceeds of crime. Forfeited funds are then used to help protect and serve our communities and support law enforcement.

Asset Forfeiture Fund ("AFF") allotments for Oxnard are primarily generated through the Police Department’s Drug Enforcement Unit (“DEU”), which participates in a multi-agency task force that includes the Federal Bureau of Investigation (“FBI”). These seizures involved cash that was connected to illicit narcotics activity and/or money laundering.

Overview of the Asset Forfeiture Process

The asset forfeiture process generally involves three steps:

1. Seizure: Law enforcement agencies are authorized to conduct seizures for certain types of criminal offenses and under specified circumstances. For example, law enforcement officers must generally have probable cause to believe that an eligible crime has occurred before assets may be seized.

2. Adjudication: Federal and state asset forfeiture proceedings are initiated to determine whether assets were seized appropriately and can be kept by the government. Cases pursued federally are typically those that either (1) arise from joint investigations in which federal law enforcement participates or (2) meet federal requirements allowing a state or local case (upon request of the state/local entity) to be “adopted” as a federal case. All other cases are pursued at the state level.

3. Distribution of funds: Asset forfeiture proceeds are generally required to be distributed in particular ways and used for particular purposes. Examples of allowable uses include supplementing existing law enforcement equipment and training.

California places the burden of proof on the government to show why property should be forfeited. Property owners can challenge the forfeiture in court. It is those funds that have been through the adjudication and challenge phase that become eligible for distribution.

Uses of Asset Forfeiture Funds
61 AFF appropriations are used for various unbudgeted training and equipment purchases. AFF funds must be used by law enforcement agencies for law enforcement purposes only, and cannot replace or supplant existing budget or resources.

The Police Department intends to fund the following categories of purchases:
• Hardware/equipment: Replacement of electronic citation printers, light detection and ranging (LIDAR) devices for traffic enforcement
• Field and tactical equipment: Replacement of rifle optics, rifle tripods • Crowd and traffic management equipment: Barricades
• Training, conferences, and seminars: Such as for investigations related to narcotics, homicide, and sexual assaults, or related to professional development
• Peer support training, and furthering employee wellness initiatives Asset Forfeiture Funded Community Grants

The Police Department also uses AFF to support community initiatives by providing mini-grants. California Health & Safety Code section 11489(a)(2)(A)(i) mandates that 15% of state asset seizure funds "be used for the sole purpose of funding programs designed to combat drug abuse and gang activity...for high-risk elementary and secondary school students." The designated portion of these seizure funds will be used to work closely with local community-based organizations to accomplish these goals. The Police Department conducts a competitive application process, and awards mini-grants upon this recommendation's approval.

Last year, the Police Department awarded a total of $18,500, in sums ranging between $1,000 and $2,000 to the following community-based organizations:
• Building Blocks for Kids
• Teatro De Las Americas, Inc
• DRAGG Inc.
• Together We Inspire Neighborhood Superstars
• Oxnard County Soccer League
• Parents of Murdered Children
• Casa De Vida Inc.
• Oxnard Performing Arts Center Corporation
• Dove Christian Ministries
• Oxnard Bible Church
• Hope and Comfort Inc.
• Sunset Little League
• Health Care Foundation for Ventura County, Inc.

Asset Forfeiture Funding for materials qualifying as “Military Equipment”

Of note, Government Code sections 7070-7075 (also more commonly known as Assembly Bill 481) require law enforcement agencies to obtain approval from the agency's governing body before purchasing, raising funds for, or acquiring what the legislature defines as “military equipment,” by any means, including requesting surplus military equipment from the federal government. In any event that the Police Department should seek to use AFF to purchase equipment that is defined by this statute as military equipment, it will be brought to the City Council for approval in a separate agenda item at future meetings.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

62 Of the $162,000 appropriation requested, $95,000 will be appropriated to the Federal Asset Seizure Fund 191 (Project #M2005) for training and equipment purchases, and $67,000 will be appropriated to the State Asset Seizure Fund 192 (Project #M2005) for equipment purchases and the community based-grant awards. There is sufficient fund balance available in both funds to cover this request. Approval of this recommendation will have no impact on the General Fund.

For Finance Use Only: Asset Seizure-Federal Fund (Org. 1912131 Obj. 52310, 52400 and 53200) Asset Seizure-State Fund (Org. 1922131 Obj. 52400 & 53200) Project M2005.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS
None

63 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Public Project Agreement 32500418 with R.E. Schultz Construction, Inc. for Citywide Playground Replacement Project – Del Sol Park, Specification No. PW 25-16.

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $262,248.00 in Project funds for the Citywide Playground Replacement Project – Del Sol Park, Specification No. PW 25-16;

3. A Project allocation amount of $21,854 (10%) for engineering, inspection, survey and project management for the Project.

BACKGROUND

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

The new playground equipment and surface will help enhance the amenities at the park and the enjoyment of children using the playground equipment.

The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to remove and dispose of existing playground equipment and replace it with a new playground system featuring rubber surfacing and engineered wood fiber safety material. The new playground is designed for ADA compliance and includes the following inclusive features: ground-level activity panels, elevated activity panels, a music activity station, a four-person rocker, and inclusive swings.

The work is tentatively scheduled to begin in early calendar year 2025 and be completed within 90 Working Days absent any delays due to supply chain issues, unforeseen site conditions, or inclement weather.

Staff will work closely with the La Colonia Neighborhood Council to keep them informed of the schedule and will also work closely with the businesses and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.

Capital Improvement Program (CIP) Reference:

Project No. C2220 – Playground Replacement - CIP 2025-2029 - Adopted June 4, 2024 – Page 81.

64 DISCUSSION

The Notice Inviting Formal Bids (NIFB) for the Project was published on December 19, 2024, in the local newspaper (Vida). Additionally, the NIFB was posted on multiple online platforms including the City’s website, and distributed directly to 31 contractors who have registered with the City to be notified of Public Project bids within their license classification as well as 4 contractors who have bid on similar projects in the past. All bids were due and opened on January 15, 2025. The City received the following bids:

R.E. Schultz Construction, Inc.: $218,540.00 Matthew Norris dba Central Coast Playgrounds: $232,000.00 Pacific Tide Construction: $270,523.76

The lowest bidder is R.E. Schultz Construction, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from R.E. Schultz Construction, Inc. and its subcontractor. 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 R.E. Schultz Construction, Inc.

In addition to the project award amount of $218,540, Staff recommends authorizing $43,708 for the project, which includes $21,854 for project contingency (10% of the contract costs) and $21,854 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $262,248.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project is $262,248.00 which includes the construction agreement, contingency and project allocation. The Playground Replacement Project (C2220), which includes Del Sol Park, is funded by the 2018 Parks and Water Bond Act (Proposition 68) General Per Capita Program under Contract No. C98011743 administered by the State of California Natural Resources Agency, Department of Parks & Recreation, and the General Fund as a matching funding source and has an available current project budget of $384,768 in FY 2024-25.

Citywide Playground Replacement Project
(C2220)
FY 2024-25 Project Budget Balance
Per Capita Grant Program (210) $171,110
General Fund (101) $213,658
TOTAL $384,768

The ongoing maintenance cost for the Del Sol Park playground will have no new impact on the Parks Division’s Operating budget, in comparison to the annual operating cost for the existing park playground.

COMMITTEE OUTCOME

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council. 65 Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. R.E. Schultz Const Agreement PW 25-16

2. Playground Replacement Budget Tracking Sheet

66 Agreement No. 32500418

1 CONSTRUCTION CONTRACT FOR

CITYWIDE PLAYGROUND REPLACEMENT PROJECT - DEL SOL PARK
SPECIFICATION NO. PW 25-16

BY AND BETWEEN

THE CITY OF OXNARD
AND R.E. SCHULTZ CONSTRUCTION, INC.

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

Contractor’s license number is 1007195. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the City requires construction of the CITYWIDE PLAYGROUND REPLACEMENT PROJECT - DEL SOL PARK as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 25-16 (the “Project”); and

WHEREAS, on December 19, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

1. RECITALS

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

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. 67 Agreement No. 32500418

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

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

2. Change Orders issued and approved by the City;

3. Bid Addenda issued by the City;

4. Notice Inviting Bids and Instructions to Bidders;

5. Special Provisions

6. General Provisions

7. Appendices

8. Bid Forms and attachment thereto;

9. Performance Bond;

10. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS

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

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

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

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.
68 Agreement No. 32500418

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

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

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

4. LICENSES REQUIRED

A. The Contractor shall possess a valid Califor nia Class A General Engineering Contractor’s license issued by California State Contractors License Board.

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

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

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

5. CONTRACT PRICE; PAYMENT AND RETENTION

A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor TWO HUNDRED AND EIGHTEEN THOUSAND, FIVE HUNDRED AND FORTY DOLLARS, ($218,540.00) (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 Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

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

6. CONTRACT TIME; NOTICE TO PROCEED; TERM

A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of ninety (90) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or 69 Agreement No. 32500418

4 furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

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

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

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

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

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

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

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

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government 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 70 Agreement No. 32500418

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

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

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

8. TERMINATION OF AGREEMENT FOR CONVENIENCE

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

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

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

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

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

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

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

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

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

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the 71 Agreement No. 32500418

6 amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

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

9. TERMINATION FOR CONTRACTOR’S DEFAULT

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

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

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

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

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

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

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

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

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

1. will terminate the Contractor’s right to per form 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. 72 Agreement No. 32500418

7 10. PREVAILING WAGE

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

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

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

1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

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

73 Agreement No. 32500418

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

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

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

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

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

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

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

2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) 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 74 Agreement No. 32500418

9 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 two hundred fifty ($250) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

12. COMPLIANCE WITH LAWS

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

13. WORKERS’ COMPENSATION CERTIFICATION

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

14. INSURANCE

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

15. STATE GRANT CONTRACT PROVISIONS: PER CAPITA PROGRAM MASTER AGREEMENT.

Contractor acknowledges that the Project is being funded in part with funds from “Per Capita Grant Contract C9801743” pursuant to the 2018 Parks and Water Bond Act (Proposition 68) General Per Capita Program and that certain Contract No. C9801743 between the City and State of California, acting through the Natural Resources Agency, Department of Parks and Recreation, as amended if required (herein referenced as “Master Agreement”). Said Master Agreement was included in Section D of the Bid Package for the Project and is attached to this Contract as “Exhibit F” and incorporated by reference as if fully set forth herein. Contractor and subcontractors have read and agree to comply with the provisions of said Master Agreement, all of which are incorporated into this Contract by reference as if set forth fully herein. 75 Agreement No. 32500418

10 16. TIME OF THE ESSENCE

Time is of the essence in the performance of this Contract.

17. INDEMNIFICATION

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

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

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

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

4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and 76 Agreement No. 32500418

11 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.

19. 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.

20. 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.”

REPORTS; BOOKS AND RECORDS; AUDIT

A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

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

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and the parties specified in the Master Agreement referenced in Section 15 of this Contract and attached hereto as Exhibit F, shall have full and free access to such books and records at all 77 Agreement No. 32500418

12 reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

21. NONDISCRIMINATORY EMPLOYMENT

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

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

22. MODIFICATIONS AND AMENDMENTS

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

23. ENTIRE AGREEMENT

A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.

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

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

24. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall 78 Agreement No. 32500418

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

25. NOTICES

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

TO CITY: CITY OF OXNARD, PUBLIC WORKS DEPARTMENT 305 W Third St, East Wing, Third Fl
Oxnard, CA 93030
Attn: Project Manager – PW 25-16

TO CONTRACTOR: R.E. SCHULTZ CONSTRUCTION, INC.
1767 N Batavia St
Orange, CA 92865
Attn: Richard Schultz

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

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

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

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 79 Agreement No. 32500418

14 until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

29. CARE OF WORK

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

30. CAPTIONS AND HEADINGS

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

31. OWNERSHIP OF DOCUMENTS

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

32. SUCCESSORS, HEIRS, AND ASSIGNS

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

33. GENDER; PLURAL

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

34. SEVERABILITY

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

35. GOVERNING LAW
80 Agreement No. 32500418

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

36. CUMULATIVE REMEDIES

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

37. VENUE

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

38. EFFECTIVENESS OF CONTRACT

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

39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT

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

40. WAIVER

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

41. INDEPENDENT CONTRACTOR STATUS

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

42. COUNTERPARTS

81 Agreement No. 32500418

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

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

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

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]

82 Agreement No. 32500418

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

CITY OF OXNARD R.E. SCHULTZ CONSTRUCTION, INC.

___________
☒ Luis Mc Arthur, Mayor1 Date Richard Schultz, 2 Date ☐ Purchasing Agent President and Secretary

ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer Date
City Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000.

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. 83 Agreement No. 32500418

18 CONTRACT EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-D: Insurance Requirements.

Exhibit C: [RESERVED]
Exhibit D: Small/Minority/Women’s Business Enterprises and Labor Surplus Area Firm Outreach
Exhibit E: Grant Contract Addendum
Exhibit F: Grant Master Agreement
Bonds

The corresponding exhibits and forms contained within follow.

84 Agreement No. 32500418

EXHIBIT A
CONTRACTOR’S BID PROPOSAL

85 Agreement No. 32500418

EXHIBIT B
FORM INS-D: INSURANCE REQUIREMENTS
FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined 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 indivi dually. The Professional Liability/Errors an d Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on th e attached forms or on other forms approved by the Risk Manager. All certif icates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time.

The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of ac tivities 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 covera ge 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-D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

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

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

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

86 Agreement No. 32500418

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract st art-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change cover age or obligate the carrier to provide notice of cancellation.

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

INS-D.doc

87 Agreement No. 32500418

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE 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 $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
S
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY M

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

BODILY INJURY
$
(Per accident)
PROPERTY DAMAGE $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc. 8520
Allison Pointe Blvd. Ste 223

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.

PMB 5210
Indianapolis, Indiana 462500-4299 US AUTHORIZED REPRESENTATIVE D Broker/Agent D Underwriter D
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 Si gned ______________________

88 Agreement No. 32500418

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 D Included in Limits
D In Addition to Limits

Telephone:

D Deductible D Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
covera ge. D Per 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 D in which case only the following spec ific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY

D COMMERCIAL GENERAL LIABILITY

D COMPREHENSIVE GENERAL LIABILITY

D OWNERS & CONTRACTORS PROTECTIVE

D Claims Made
Retroactive Date

D O

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE

D GENERAL

D PRODUCTS/COMPLETED OPERATIONS

D PERSONAL & ADVERTISING INJURY

D FIRE DAMAGE
D

D
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 insuran ce 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. I n 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 comp any’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 ex cept after thirty (30) days prior written notice by receipted delivery has been given to the City.

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

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

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

ENDORSEMENT HOLDER

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

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
D Broker/Agent D Underwriter D
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 Si gned

89 Agreement No. 32500418

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 □ NAMED INSURED

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone:()

$ per accident, for bodily injury and property damage.

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
□ Broker/Agent □ Underwriter □

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

Signature
(original signature required)

Telephone: ( ) Date Signed
90 Agreement No. 32500418

EXHIBIT C

RESERVED FOR

FOR IRAN CONTRACTING ACT CERTIFICATION FORM

COMPLETED BY CONTRACTOR FOR CONTRACTS OVER ONE MILLION DOLLARS

(NOT APPLICABLE)

THIS PAGE INTENTIONALLY LEFT BLANK

91 Agreement No. 32500418

EXHIBIT D

92 Agreement No. 32500418

93 Agreement No. 32500418

EXHIBIT E

GRANT CONTRACT ADDENDUM
City of Oxnard – State of California – Natural Resources Agency Department Of Parks and Recreation “Per Capita Grant” Contract No. C9801743

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

1. Equal Opportunity. Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Small and Minority Business, and Women’s Business Enterprises (if applicable to this Contract, see SBE/MBE/WBE/LSA form attached below)
Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:
a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;
b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;
d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; e. Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.
94 Agreement No. 32500418

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

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

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

4. Access to Records. (applies to all purchases.)
(A) The Contractor agrees to provide the City of Oxnard, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.
95 Agreement No. 32500418

(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

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

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

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

7. Clean Air Act & Federal Water Pollution Control Act (Applies to purchases of more than $150,000.)
(A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Oxnard and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
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8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

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

Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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10. Procurement of Recovered Materials: (Applies only if the work involves the use of materials)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. (C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

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

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

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

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

15. Compliance with the Copeland “Anti-Kickback” Act. (applies when Davis-Bacon Act is required)
98 Agreement No. 32500418

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

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EXHIBIT F

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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 R.E. Schultz Construction, Inc. 1767 North Batavia Street, Orange, CA 92865 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as CITYWIDE PLAYGROUND REPLACEMENT PROJECT - DEL SOL PARK SPECIFICATION NO. PW 25-16.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of TWO

HUNDRED AND EIGHTEEN THOUSAND, FIVE HUNDRED AND FORTY DOLLARS, ($218,540.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 113
Agreement No. 32500418

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

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

Dated:

“Principal”

R.E. Schultz Construction, Inc.
1767 North Batavia Street
Orange, CA 92865

By:

Its:

“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.
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Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to
R.E. Schultz Construction, Inc. 1767 North Batavia Street, Orange, CA 92865 (“Principal”) (Name and address of Contractor)

a contract (the “Contract”) for the Work described as CITYWIDE PLAYGROUND REPLACEMENT PROJECT - DEL SOL PARK SPECIFICATION NO. PW 25-16.

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 TWO HUNDRED AND EIGHTEEN THOUSAND, FIVE HUNDRE D AND FORTY DOLLARS, ($218,540.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS 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 Specifications. 115
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Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

R.E. Schultz Construction, Inc.
1767 North Batavia Street
Orange, CA 92865

By:

Its:

“Surety”

By:

Its:

By:

Its

(Seal)

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Playground Replacement Budget Tracking Construction/ Net Contract Award
Authorized
Contingency
ESPIM Authorized
Funding
Total/Net Project
Value Budget Balance
Starting Budget Balance (Project C2239) $3,992,925.40
Dunkirk Park PW 24-113R
32500253 $126,793.00 $12,679.30 $12,679.30 $152,151.60 $3,840,773.80 Community Center Park West PW 25-51
32500320 $134,000.00 $13,400.00 $13,400.00 $160,800.00 $3,679,973.80 Marina West PW 24-13R ¹
32500251 $83,337.00 $21,853.00 $21,853.00 $127,043.00 $3,552,930.80 College Estates Park PW 24-126
32500303 $199,993.90 $20,000.00 $20,000.00 $239,993.90 $3,312,936.90 Fremont Tot Park PW 25-48
32500304 $321,850.00 $32,185.00 $32,185.00 $386,220.00 $2,926,716.90 Wilson Park PW 20-53R ²
32500341 $145,970.26 $25,426.00 $25,426.00 $196,822.26 $2,729,894.64 Carty Park PW 24-125
32500302 $169,219.30 $16,922.00 $16,922.00 $203,063.30 $2,526,831.34 Ololkoy Beach Park PW 25-49R $408,133.00 $40,813.00 $40,813.00 $489,759.00 $1,873,718.69 Brekke Park PW 24-115R³
32500293 $136,127.65 $13,613.00 $13,613.00 $163,353.65 N/A Del Sol Park PW 25-16⁴
32500418 $218,540.00 $21,854.00 $21,854.00 $262,248.00 N/A ¹ Partially funded by Project C1313 utilizing QUIMBY funds ($135,189.00) ² Partially funded by Project C2019 utilizing CDBG funds ($108,296.85) ³ Fully funded by Project C2404 using Measure O funds
⁴ Fully funded by Project C2220 utilizing Capita Grant funds and General Fund 117

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Purchase Order with Municipal Maintenance Equipment for VAC-CON for Wastewater Division.

RECOMMENDATION

That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Municipal Maintenance Equipment (MME) in the amount not to exceed $779,155.72 for the purchase of a VAC-CON sewer cleaning vehicle mounted on a Freightliner 114SD truck chassis for the Wastewater Division.

(Public Works and Transportation Committee approved 3-0 on January 28, 2025)

BACKGROUND

State regulations require that public wastewater systems develop and submit a Sanitary Sewer Management Plan (SSMP).

The intent of the SSMP is to document a formal process for operating and maintaining the sanitary sewer collection system to minimize sanitary sewer overflows. The SSMP includes items such as required documentation, organizational structure and staffing, emergency response, and regular operation and maintenance activities. The Oxnard SSMP has identified a goal of cleaning 200 miles of sewers on an annual basis.

To meet this goal, the Wastewater Division owns and operates three sewer cleaning vehicles (SCVs) to maintain over 415 miles of sewer pipelines within the City’s wastewater collection system. These vehicles are essential for daily sewer maintenance, ensuring the efficient conveyance of wastewater to the treatment plant. SCVs utilize high-pressure water to clean the interior of sewer pipes to reduce the risk of sanitary sewer overflows. Additionally, they are equipped with high- volume vacuum hoses to extract solid and liquid materials from sewer manholes. The Wastewater Division's performance goal of cleaning at least 200 miles of sewer pipelines annually or nearly four miles per week requires three (3) reliable SCVs and a team of skilled personnel.

Failure to meet the performance goal could lead to sanitary sewer overflows (SSO), where untreated sewage is released into the environment. The statewide average for SSOs is 13.56 per 100 miles of sewer lines annually. However, the City of Oxnard outperforms the average, having experienced only two SSOs in the past five years, due to effective management of its sewer system. An overflow not only presents a risk to public health and safety but also exposes the City to potential fines of $10 per gallon from the State Water Resources Control Board.

On January 31, 2024, the Wastewater Division submitted its fleet of 23 vehicles, each with a gross vehicle weight exceeding 8,500 lbs, to the California Air Resources Board (CARB) for compliance review and received a unique identification number, 236898. The Division selected Compliance Option 1, which permits the continued purchase of internal combustion engine (ICE) vehicles, provided an equal number of electric vehicles are acquired within the same calendar year. Of the 23 heavy vehicles the division operates, 21 are in good or reliable condition, with only two requiring replacement in the near future. Notably, one of the vehicles requiring replacement is a 2012 Vactor brand SCV, vehicle 12401, which has been out of commission since May 2024. During this time, the Wastewater Division has seen a decrease in sewer cleaning capability, which increases the likelihood of SSO.

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The VAC-CON models have proven reliable and are essential to maintaining the City’s collection system. Owning three similar VAC-CON vehicles allows for efficiencies in sharing related vehicle components and service contracts.

DISCUSSION

On October 22, 2024, the Wastewater Division received a Sourcewell quote from MME, for a VAC-CON Titan Model TAQD350LH/1000 mounted on a Freightliner 114SD Plus 4x2 truck chassis. Sourcewell is a cooperative purchasing program that unites the buying power of government, education, and nonprofit organizations. By utilizing hundreds of competitively solicited and awarded contracts, Sourcewell simplifies the public procurement process and ensures the efficient use of budgeted dollars. Thousands of public entities are enrolled as participating agencies in this program.

This new SCV will replace vehicle 12401, a 2012 Vactor SCV mounted on an International chassis. Vehicle 12401 has over 63,000 intercity miles, requires costly engine repairs, is no longer reliable, and has outlived its useful life. Completed repairs over the last three years include the engine water pump, oil pump, water jet pump, vacuum swivel bearings, and the exhaust gas recirculation cooler on multiple occasions. Since 2021, vehicle 12401 has had approximately $52,000 in repairs. Over the last year, the vehicle has been out of service for repair for approximately nine months. As the vehicle has aged, repairs have become more frequent and components are showing symptoms of repeated failure, outside of the warranty period.

Additionally, as of 2024, there are no electric VAC-CON SCV models available on the market. The Wastewater Division will maintain compliance with the California Air Resources Board (CARB) by procuring an electric vehicle within the same calendar year (2025). The CARB ZEV compliance method permits the purchase of internal combustion engine (ICE) vehicles, provided that 50% of all newly acquired vehicles are electric, ensuring a balanced 1:1 ratio of ICE to electric vehicles within a calendar year. This will not pose an additional financial burden on the division as two electric vehicles were already being planned to replace two aging ICE pickup trucks.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost of this Purchase Order with Municipal Maintenance Equipment shall not exceed $779,155.72 through June 30, 2026, for the purchase of a VAC-CON sewer cleaning vehicle. The estimated delivery date of the unit is 35 weeks from the vendor’s receipt of the City’s Purchase Order.

Through the Sourcewell Purchasing cooperative contract 101221-VAC, MME can provide the VAC-CON sewer cleaning vehicle at governmental discounts through the contract term of November 29, 2025. There are sufficient funds available in the FY 2024-25 Adopted Budget from the Wastewater Operations Fund 611 (6113613-56040) for the purchase of this vehicle.

Historically, the Wastewater Division purchased VAC-CON model vehicles in 2020 and 2023, for $411,934.45 and $558,637.71, respectively. The increased cost from the 2023 model to the requested model is a result of:
• Supplier and manufacturer price increases
• Improved safety features (Mobile equipment allowing Staff to place the vehicle body between them and traffic) • More powerful and quieter vacuum
• Electronically controlled valves

Aside from new equipment requiring less maintenance and repairs, the Vac-Con includes a warranty period for mechanical and electrical failures. The warranty period for this unit is 1 year for the chassis and 2 years for the mechanical equipment.

COMMITTEE OUTCOME
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The Public Works and Transportation Committee approved 3-0 on January 28, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst

ATTACHMENTS

1. Vac-Con Sourcewell Quote

2. Vac-Con Contract 101221

3. Vac-Con 101221-VAC Pricing

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101221-VAC

Rev. 3/2021 1

Solicitation Number: RFP #101221

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vac-Con, Inc., 969 Hall Park Road, Green Cove Springs, FL 32043 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

142
101221-VAC

Rev. 3/2021 18

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Vac-Con, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz M.J. DuBois, President, DuCo, LLC
Title: Chief Procurement Officer Title: Authorized Contract Administrator

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 101221 Vendor Name: DuCo, LLC

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Bid Number: RFP 101221 Vendor Name: DuCo, LLC

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Vac-Con #101221-VAC

Pricing for contract #101221-VAC offers Sourcewell participating agencies the following discounts:

• Up to 10% discount off list price, depending upon unit and/or accessory • In addition to the discount off MSRP, Sourcewell participating entities can also qualify for a volume discount of 3% off of the base unit discounted price for a single purchase order for four or more units

162

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Second Amendment to Agreement 32300154 with Auto Body International for Light and Medium Duty Paint and Body

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Second Amendment to an Agreement with Auto Body International in the amount of $450,000 for a new total amount not to exceed $825,000 for paint and autobody repairs for City vehicles.

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on March 21, 2023.)

BACKGROUND

The Fleet Services Division (Fleet) of the Public Works Department oversees the maintenance and repair of the City’s fleet, consisting of 983 vehicles and equipment valued at over $54 million. As part of its ongoing fleet management, Fleet requires a contractor to provide as-needed automotive body repairs for City vehicles and equipment. The Fleet shop does not have the costly specialized equipment, such as a frame rack and permitted spray booth, to perform these repairs.

Additionally, Fleet staff do not have the specialized training required for painting or automotive body repairs, which are not performed on a routine basis.

During normal operations, vehicles and equipment may sustain body, paint, and frame damage due to collisions, traffic incidents, or other unforeseen events. These damages require professional repairs, including paint, body, and frame work, which are performed by an external vendor under Fleet’s oversight. These services are essential to maintaining the safety, reliability, and functionality of the City’s vehicles and equipment. For the past 27 years, Fleet has relied on a third-party vendor to provide these repairs.

DISCUSSION

On March 21, 2023, City Council approved Agreement 32300154 with Auto Body International for one year, with two one-year extensions, for a total amount not to exceed $375,000. Since its implementation, approximately 15% of the funds were spent by the end of FY 2022-23, 43% in FY 2023-24, and 39% within the first seven months of FY 2024-25.

It is projected that the remaining funds will be fully expended by the end of March 2025. While the agreement includes one final extension through March 31, 2026, additional funding of $450,000 is being requested.

The table below summarizes the number of repairs and costs by fiscal year:

Period Number of Repairs Total Expenses Average Repair Cost 163
FY 2022-23
(March-June) 17 $54,914 $3,230
FY 2023-24 54 $161,398 $2,989
FY 2024-25
(July-Dec) 33 $146,690 $4,445
Total 104 $363,002 $3,490

Fleet manages all autobody repairs through Auto Body International for all City departments, with repair costs allocated to the respective departments. Due to rising average repair costs per vehicle and fluctuations in repair needs since FY 22/23, Fleet recommends increasing the contract capacity by $450,000. Based on current information, this increase would help ensure timely repairs for critical service vehicles if needed. While the City Council approved budget will dictate actual spending and not the contract capacity, the inability to repair critical public service vehicles, such as public safety vehicles, just because of a lack of contract capacity and not a budget issue is an administrative limitation that Fleet staff does not recommend.

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

The total cost for this Amendment shall not exceed $450,000 with Auto Body International through March 31, 2026.

There are sufficient funds in the Fleet Services Fund, 741, for Fiscal Year 2024-25. Subsequent fiscal year funding will be requested in the annual budget process. The estimated spending plan per fiscal year is as follows:

Estimated Spending Plan for Light and Medium Duty Paint and Body Account Number FY 2024-25
(Jan - June)
FY 2025-26
(July - March)
TOTAL
7413750-55030 $ 180,000 $ 270,000 $450,000

COMMITTEE OUTCOME

This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on March 21, 2023.

Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. Agreement 32300154 Second Amendment

2. Original Agreement 32300154 & First Amendment

164
SE
COND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) Agreement No. 32300154

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 2025, by and between the City of Oxnard, a municipal corporation (“City”), and Auto Body International, Inc. (“Service Provider”). This Amendment amends the Agreement entered into on March 22, 2023, by City and Service Provider. The Agreement previously has been amended on March 6, 2024, by a First Amendment.

City and Service Provider agree as follows:

1. Pursuant to Section 3.3, the City is exercising its second one year option term. The Agreement will be extended for one additional year beginning on April 1, 2025, through March 31, 2026. The City has no option term remaining pursuant to Section 3.3.

2. The amount in Section 4 of the Agreement is hereby amended to $825,000.00.

3. The reference to the Schedule of Compensation Exhibit B everywhere it is listed in the Agreement is hereby amended to the Schedule of Compensation Exhibit B-1. The Schedule of Compensation Exhibit B is hereby disincorporated; instead; the Schedule of Compensation Exhibit B-1 is attached hereto and incorporated herein by this reference.

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
165
Agreement No. 32300154

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)

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

CITY OF OXNARD AUTOBODY INTERNATIONAL, INC.

☐Luis Mc Arthur, Mayor1 Date Heriberto Saucedo, President Date ☐Jennifer Yates, Purchasing Agent 2

Heriberto Saucedo, CFO, 3 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. 166
SCHEDULE OF COMPENSATION EXHIBIT B-1

LABOR COSTS
Line
Item
Vehicle Type Type of
Labor
Quantity Unit of
Measure
Price
1 Light Duty Body Repair 1 Per Hour $60.00
2 Light Duty Aluminum
Body Repair 1 Per Hour $74.00

3 Light Duty Frame
Repair 1 Per Hour $72.00
4 Light Duty Glass
Repair 1 Per Hour $60.00
5 Light Duty Mechanical
Repair 1 Per Hour $74.00
6 Light Duty Paint 1 Per Hour $60.00
7 Light Duty Paint
Supplies 1 Per Hour $42.00
8 Medium Duty Body Repair 1 Per Hour $62.00
9 Medium Duty Frame
Repair 1 Per Hour $74.00
10 Medium Duty Glass
Repair 1 Per Hour $62.00
11 Medium Duty Mechanical
Repair 1 Per Hour $76.00
12 Medium Duty Paint 1 Per Hour $62.00
13 Medium Duty Paint
Supplies 1 Per Hour $44.00

PARTS AND SUPPLIES
Line
Item
Product Specifications Discount off Manufacturer’s
Suggested Retail Price
14 OEM Replacement Parts Domestic, Light
Duty 5% Off
15 OEM Replacement Parts Import, Light
Duty 5% Off
16 Aftermarket/Used
Replacement Parts Light Duty 5% Off
17 OEM Replacement Parts Medium Duty 5% Off
18 Aftermarket / Used
Replacement Parts Medium Duty 5% Off
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170
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172
173
174
175
176
177
178
179
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.10

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Agreement 32500401 with Blackpointe Group Construction & Management, Inc. for Catch Basin Cleaning Services.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Blackpointe Group Construction & Management, Inc. (Blackpointe) for an initial term of one year from March 5, 2025, to March 4, 2026, with the option for four consecutive one-year period extensions ending March 4, 2030, for a total contract amount not to exceed $1,750,000 for catch basin cleaning services.

(Public Works and Transportation Committee approved 3-0 on February 11, 2025.)

BACKGROUND

The City of Oxnard received its most recent Municipal Separate Storm Sewer System (MS4) permit in September 2021.

The MS4 permit requires that trash and debris be removed from catch basins and disposed of properly. The City owns and maintains 2,435 catch basins that capture and convey stormwater to the ocean. As a consequence of normal operation, catch basins collect a variety of trash, leaves, and plastic (debris). Debris must be removed and disposed of periodically to prevent discharge to the environment and mitigate flooding.

The City must also comply with the statewide Trash Amendments by installing full capture trash devices in stormwater catch basins. There are currently 480 full capture devices installed within catch basins with an additional 450 currently being installed and planned for completion by the end of February. These stainless steel devices act as a barrier for trash and debris that may fall into the catch basin. These devices also require inspection and cleaning.

DISCUSSION

On November 12, 2024, the Purchasing Department released a Request for Proposal (RFP) PW 25-47 for Catch Basin Cleaning Services. The RFP was directly sent to three potential vendors and published on www.PublicPurchase.com as well as the City’s Purchasing website. The solicitation closed on December 19, 2024, and a total of three proposals were received from Blackpointe, Downstream, and United Stormwater.

An evaluation team consisting of Wastewater staff (Sr. Environmental Specialist, Collections Manager, and Sr. Analyst) reviewed all proposals and determined Blackpointe to be the best value. The RFP process used the "best value method" to ensure the selection of an ideal contractor capable of providing adequate staffing and meeting service requirements.

Blackpointe stood out as both the most qualified and the lowest bidder. The selection was based on comprehensive scoring criteria, including proposal responsiveness, qualifications, experience, track record in providing the requested services, performance history, and cost. Additionally, the awarded contractor meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.

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Blackpointe currently holds this contract and has consistently provided satisfactory service. Through this new agreement, Blackpointe will provide catch basin inspection, cleaning and disposal of trash and debris, and storm drain placard replacement for the City’s 2,435 catch basins. All trash and debris will be properly disposed of at a location that is permitted, regulated, and meets all federal, state, and local regulations. Removal of debris from catch basins greatly reduces unwanted waste from infiltrating waterways and also mitigates flooding during wet weather events.

Additionally, Blackpointe will use the City’s GIS system to log and quantify all cleaning and inspection activities and will be required to adjust full capture stormwater devices, when required. Blackpointe shall photograph each catch basin before and after each inspection/cleaning event and provide disposal manifests with every bill. The cleaning schedule will be as follows:

Months Season
Catch Basins to
Clean/ Inspect
July - December Rainy 2435
January - June Dry 2435

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement with Blackpointe for catch basin cleaning services shall not exceed $1,750,000 over the five-year term if extended. Funding for this Agreement has been programmed and is available in the Fiscal Year 2024-25 Adopted Budget from the Stormwater Operating Fund (114). Billing will be done on a monthly basis and paid for the actual number of catch basins inspected and cleaned the previous month. Funding for subsequent fiscal years will be requested through the annual budget process.

Catch Basin Cleaning Estimated Spending Plan
1143501-53200
FY 24-25
(4 Months)
FY 25-26
(12 Months)
FY 26-27
(12 Months)
FY 27-28
(12 Months)
FY 28-29
(12 Months)
FY 29-30
(8 months) TOTAL
$100,000 $350,000 $350,000 $350,000 $350,000 $250,000 $1,750,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on February 11, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst

ATTACHMENTS

1. Agreement 32500401

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Agreement No. 32500401

Page 1 of 31 ends

Oxnard City CouncilMarch 4, 2025

Oxnard City Council
March 4, 2025