Oxnard City Council
April 1, 2025

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

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

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

AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street April 1, 2025
Closed Session - 5:00 PM
Regular Meeting - 6:00 PM

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

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

2. Enter Meeting ID: 819 1929 7930

3. Passcode: 420588

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 April 1, 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

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 (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Hendrix ex rel. United States v. J-M Mfg. Co.

USDC, Central Dist. CA, D.C. No. 5:06-cv-00055-GW-PJW
Legislative Body: City Council

2. 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.

Legislative Body: City Council

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

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Week of April 6 - 12, 2025 as "Library Week" in the City of Oxnard.

2. SUBJECT: Presentation of a Proclamation Designating the Month of April 2025 as "Arts, Culture and Creativity" in the City of Oxnard.

3. SUBJECT: Presentation of a Proclamation Designating the Month of April 2025 as "Fair Housing Month" in the City of Oxnard.
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 1, 2025 PAGE 3

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.

1. City Clerk Department
SUBJECT: Appointment of Members to Serve on the City's Citizen Advisory Groups (CAGs) and Boards (5 minutes)

RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:

1. To Community Relations Commission: Tiffany Lopez (D3) and Meaghan Salas (D6);

2. To Cultural Arts Commission: Sandra Diaz (D3) and Elisa Torres (D6);

3. To Parks, Recreation and Community Services Commission: Joe Garcia (D2) and Angela Whitecomb (D4);

4. To Planning Commission: Ronald Arruejo (D4) and Dr. Miguel Lopez (D6);

5. To Senior Services Commission: Gloria Postel (D1), Gloria Massey Chinea (D3) and Linda Calderon (D6); and

6. To Measure O Citizen Oversight Committee: Steven Nash (D1), Noemi Valdes (D2), Ronald Arruejo (D3) and Ruby Durias (D4).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8AELdGwJu4A
Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805
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.

3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 1, 2025 PAGE 4

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 City Council approve the regular minutes of February 18, March 4 and 18, 2025.

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

2. Fire Department
SUBJECT: Agreement Regarding Field Training for Paramedic Students.

RECOMMENDATION: That the City Council authorize the City Manager to execute a Paramedic/Emergency Medical Technician (EMT) student education agreement (field internship) with the California Firefighter Joint Apprenticeship Committee (Cal-JAC) {A-8579} for a term ending December 31, 2027.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 11, 2025.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

3. Finance Department
SUBJECT: Monthly Investment Report for the Period Ending February 28, 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. Public Works Department
SUBJECT: Agreement 32500335 with Honeywell International, Inc. for Fire Station Alerting System Replacement Project, Specification No. FD 25-17.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $399,005.52 in Project funds for the Fire Station Alerting System Replacement Project, Specification No. FD 25-17;

2. The Mayor to execute an Agreement with Honeywell International, Inc. in the amount of $319,204.52 for the Project and approve a Project contingency amount of $47,881 (~15%) with Honeywell International, Inc., for a total not to exceed value of $367,085.52 for the Project; and

3. A Project allocation amount of $31,920 (~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.)
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 1, 2025 PAGE 5

Legislative Body: City Council
Contact: Michael Wolfe, Alexander Hamilton, (805) 385-8055, (805) 385-7700 L. PUBLIC HEARINGS

M. REPORTS

1. Fire Department
SUBJECT: Resolution Acknowledging Receipt of the Fire Chief’s Report on State-Mandated Fire Inspections. (15 minutes)

RECOMMENDATION: That the City Council adopt a resolution acknowledging receipt of the report prepared by the Oxnard Fire Department’s Fire Chief regarding State-mandated inspections of specified occupancies, as required by Sections 13146.2 and 13146.3 of the California Health and Safety Code.

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/VSUet5Hut-g
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

2. Public Works Department

SUBJECT: Public Project Agreement 32500449 with Onyx Paving Company, Inc. for Citywide Neighborhood Street Resurfacing Project- Phase I, Specification No. PW 24-135, in the Cabrillo, Sea Air, El Rio West, Rose Park, Pleasant Valley, and Southwinds Neighborhoods. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $7,207,209.50 in Project funds for the Citywide Neighborhood Street Resurfacing Project Phase I, Specification No. PW 24-135;

2. The Mayor to Execute an Agreement with Onyx Paving Company, Inc. in the amount of $6,006,007.50 for the Project and approve a Project contingency amount of $600,601.00 (~10%) with Onyx Paving Company, Inc. for a total not to exceed value of $6,606,608.50 for the Project;

3. A Project allocation amount of $600,601.00 (~10%) for engineering, inspection, survey and project management for the Project;

4. A total amount of budget appropriations of $215,946 consisting of $127,968 from the Water Operating Fund (601), $87,978 from the Wastewater Operating Fund (611)available fund balances, as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts for this Project (C2209); and

5. An unappropriation of $158,998 from the Road Maintenance and Rehabilitation Account (RMRA) Fund (185), as well as the corresponding Capital Outlay Fund (301) appropriation decrease in the same amount for this Project (C2209).

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

Please click the following link to view the required Measure M pre-recorded presentation 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 1, 2025 PAGE 6

video: https://youtu.be/bV5jw1tZn0U
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. City Attorney Department
SUBJECT: Committee Bylaws Revision. (10 minutes)

RECOMMENDATION: That the City Council adopt a resolution amending the bylaws for City Council committees.

(The Finance and Governance Committee approved 3-0 on March 11, 2025)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/EqQq-T7yMhs
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
N. ADJOURNMENT

6 CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1

DATE: April 1, 2025

TO: City Council

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

SUBJECT: Appointment of Members to Serve on the City's Citizen Advisory Groups (CAGs) and Boards (5 minutes)

RECOMMENDATION

That the Mayor, with the approval of the City Council, make the following appointments:

1. To Community Relations Commission: Tiffany Lopez (D3) and Meaghan Salas (D6);

2. To Cultural Arts Commission: Sandra Diaz (D3) and Elisa Torres (D6);

3. To Parks, Recreation and Community Services Commission: Joe Garcia (D2) and Angela Whitecomb (D4);

4. To Planning Commission: Ronald Arruejo (D4) and Dr. Miguel Lopez (D6);

5. To Senior Services Commission: Gloria Postel (D1), Gloria Massey Chinea (D3) and Linda Calderon (D6); and

6. To Measure O Citizen Oversight Committee: Steven Nash (D1), Noemi Valdes (D2), Ronald Arruejo (D3) and Ruby Durias (D4).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8AELdGwJu4A

BACKGROUND

Oxnard City Code (OCC) Section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office.

DISCUSSION

The following are some of the City's CAGs:

1. Community Relations Commission (CRC)
The CRC's powers and duties relate to analyzing, defining and investigating matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of a person on a basis other than individual merit. The CRC promotes mutual understanding and respect-including through educational campaigns--among all residents to discourage or prevent the aforementioned negative practices. The CRC is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilman Starr nominates Tiffany Lopez to represent D3 and Councilwoman Perez nominates Meaghan Salas to represent D6, who have passed the City’s formal background check procedures.

2. Cultural Arts Commission (CAC)
The CAC's powers and duties related to cultural arts, including public art, in the City. The CAC is composed of seven members, all of whom must reside in the City, be over the age of 18, and have a special knowledge or interest in the arts.

For this purpose, Councilman Starr nominates Sandra Diaz to represent D3, and Councilwoman Perez nominates Elisa 7 Torres to represent D6, who have passed the City’s formal background check procedures.

3. Parks, Recreation and Community Services Commission (PRCSC) The PRCSC is concerned with all matters pertaining to the parks, recreation and community services activities in the City. The PRCSC is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Mayor Pro Tem Teran nominates Joe Garcia to represent D2, and Councilwoman Rodriguez nominates Angela Whitecomb to represent D4, who have passed the City’s formal background check procedures.

4. Planning Commission
The Planning Commission is charged with various functions and duties throughout the Oxnard City Code and the California Government Code, including preparing, reviewing and revising the City's General Plan; implementing that General Plan through various specific plans, zoning and subdivision ordinances; promoting the coordination of local plans and programs with the plans and programs of other public agencies; annually reviewing the City's capital improvement program for consistency with that General Plan; ensuring conformity with the General Plan for any real property acquired for public purposes or for any public building or structure constructed or authorized; and ensuring conformity with the General Plan for any real property disposed of or for any street vacated or abandoned. The Planning Commission is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilwoman Rodriguez nominates Ronald Arruejo to represent D4 and Councilwoman Perez nominates Dr.

Miguel Lopez to represent D6, who have passed the City’s formal background check procedures.

5. Senior Services Commission (SSC)
Per their powers and duties, the SSC analyzes, defines and investigates issues and needs of the senior citizens in the City, develops and recommends solutions for problems affecting senior citizens to the City Council and other appropriate community organizations, and disseminates information and educational materials that will assist in enhancing the quality of life of the senior citizens and treatment of senior citizens. The SSC is composed of seven members, all of whom must reside in the City and have reached their 50th birthday. For this purpose, Councilmember Perello nominates Gloria Postel to represent D1, Councilman Starr nominates Gloria Massey Chinea to represent D3, and Councilwoman Perez nominates Linda Calderon to represent D6, who have passed the City’s formal background check procedures.

6. Measure O Citizen Oversight Committee

The Measure O Citizen Oversight Committee is appointed to review the use of Measure O revenues approved by the City Council. The Committee is made up of nine members with one member appointed by the Mayor to represent the City at large, six members appointed by Council District, one member active in a business organization representing the business community located in the City, and one member active in a Neighborhood Council or Neighborhood Association located in the City. Commissioners must reside in the City and be over the age of 18. For this purpose, Councilmember Perello nominates Steven Nash to represent D1, Mayor Pro Tem Teran nominates Noemi Valdes to represent District 2, Councilman Starr nominates Ronald Arruejo to represent District D3, and Councilwoman Rodriguez nominates Ruby Durias to represent D4.

Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City’s commissions, committees and boards.

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

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

8 Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. 04.01.25 Appointment of Members to Serve on the City's CAGs and Boards

2. CAG Appointment Chart for 4.1.25 Council Meeting - Appointments by District

9 Luly A. López, City Clerk
Appointment of Members to Serve
on the City’s CAGs and Boards
City Council
April 1, 2025
10 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, make the following appointments:

1. To Community Relations Commission: Tiffany Lopez (D3) and Meaghan Salas (D6);

2. To Cultural Arts Commission: Sandra Diaz (D3) and Elisa Torres (D6);

3. To Parks and Recreation and Community Services Commission: Joe Garcia (D2) and Angela Whitecomb (D4);

4. To Planning Commission: Ronald Arruejo (D4) and Dr. Miguel Lopez (D6);

5. To Senior Services Commission: Gloria Postel (D1), Gloria Massey Chinea (D3) and Linda Calderon (D6); and

6. To Measure O Citizen Oversight Committee: Steven Nash (D1), Noemi Valdes (D2), Ronald Arruejo (D3) and Ruby Durias (D4).
11 3

COMMUNITY RELATIONS COMMISSION
Function • Analyzing, defining and investigating matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of person on a basis other than individual merit
• Promoting mutual understanding and respect--including through educational campaigns--among all residents to
discourage or prevent the aforementioned negative practices Requirements 7 members must reside in City and be over age 18 Nomination •Councilman Starr nominates Tiffany Lopez (D3); and •Councilwoman Perez nominates Meaghan Salas (D6)
12 4

CULTURAL ARTS COMMISSION (CAC)
Function The CAC's powers and duties related to cultural arts, including public art, in the City.

Requirements 7 members must reside in City and be over age 18 Nomination •Councilman Starr nominates Sandra Diaz (D3); and •Councilwoman Perez nominates Elisa Torres (D6)
13 5

PARKS AND RECREATION AND COMMUNITY SERVICES

COMMISSION
Function Focuses on items pertaining to the parks, recreation and community services activities in the City and serves as a liaison between the City Council and the community on such matters.

Requirements 7 members must reside in City and be over age 18 Nomination •Mayor Pro Tem Teran nominates Joe Garcia (D2); and •Councilwoman Rodriguez nominates Angela Whitecomb (D4) 14 6

PLANNING COMMISSION
Function • Preparing, reviewing and revising General Plan • Implementing General Plan through various specific plans, zoning and subdivision ordinances
• Promoting coordination of local plans and programs with the plans and programs of other public agencies
• Annually reviewing City's capital improvement program for consistency with General Plan
• Ensuring General Plan conformity for real property
acquired/disposed of, public building/structure constructed, or street vacated/abandoned
Requirements 7 members must reside in City and be over age 18 Nomination •Councilwoman Rodriguez nominates Ronald Arruejo (D4); and •Councilwoman Perez nominates Dr. Miguel Lopez (D6)
15 7

SENIOR SERVICES COMMISSION (SSC)
Function Analyzes, defines and investigates issues and the needs of the senior citizens in the City
Requirements • 7 members
• Resident of the City
• Must have reached their 50th birthday
Nomination •Councilmember Perello nominates Gloria Postel (D1); •Counciman Starr nominates Gloria Massey Chinea (D3); and •Councilwoman Perez nominates Linda Calderon (D6)
16 8

MEASURE O CITIZEN OVERSIGHT COMMITTEE (MOCOC)
Function Reviews the use of Measure O revenues approved by the City Council.

Requirements • 9 members
• 6 appointed by District
• 1 At-Large
• 1 represents Business Community
• 1 represents Neighborhood Council or Neighborhood Association • Must reside in the City and be over the age of 18.

Nomination •Councilmember Perello nominates Steven Nash to represent (D1); •Mayor Pro T em T eran nominates Noemi Valdes to represent (D2); •Councilman Starr nominates Ronald Arruejo to represent (D3); and •Councilwoman Rodriguez nominates Ruby Durias to represent (D4) 17 THE END
9 18
Citizen Advisory Group Roster (rev. 03/20/25)
Mc Arthur(at large) Perello (D1) Teran (D2) Starr (D3) Rodriguez (D4) Basua (D5) Perez(D6) Applicants Community Relations Commission (CRC)
Vacant (X/XX/XX - 12/31/28)
Helaine Rochelle Stallion - D1 (2/21/23 - 12/31/26)
Cynthia Gonzalez - D2 (1/17/23 - 12/31/26)
Tiffany Lopez - D1 (04/01/25 - 12/31/28)
Vacant (X/XX/XX - 12/31/28)
Khalilah Durias - D3 (1/3/23 - 12/31/26)
Meaghan Salas - D6 (04/01/25 - 12/31/28)

1. Arthur Leroy Mortell - D12. Pardeep Singh - D33. Anna Marie Cabrera - D6 Cultural Arts Commission (CAC)
Vacant (X/XX/XX - 12/31/28)
Teodoro Lopez - D1 (2/21/23 - 12/31/26)
Paloma B. Concordia - D2 (06/29/2023 - 12/31/26)
Sandra Diaz - D3 (4/01/25 - 12/31/28)
Vacant (X/XX/XX - 12/31/28)
Vacant (X/XX/XX - 12/31/26)
Elisa Torres - D6 (04/01/25- 12/31/28)

1. Queala Clancy - D12. Laura Gallardo-Jimenez - D13. Edward Foster Hill - D14. Pam Hogarth - D15. Ana Maria Van Hoven - D16. Brian Douglas Landers - D17. Velia V Soto - D18. Henry E Villanueva - D19. Elaine Alarcon-Totten - D210. Heather Schmidt - D311. Pardeep Singh - D312. Luann Castanoli Rocha - D413. Jose Cano - D414. Tomas C Dertner - D415. Luis Guereca - D416. Roger Poirier - D417. Jennifer Andrea Alvarez - D5 Measure O Citizen Oversight Committee (+1 seat representing business community and 1 seat representing neighborhood council) Vacant (X/XX/XX - 12/31/28)
Steven Nash - D1 (04/01/25 - 12/31/28)
Noemi Valdes - D2 (6/21/22 - 12/31/24)
Ronald Arruejo - D3 (04/01/25 - 12/31/28)
Ruby Durias - D4 (04/01/25 - 12/31/28)
Nathan Castillo - D4 (3/29/22 - 12/31/24)
Joe Munoz - D2 (3/2/21 - 12/31/24)

1. Edward Foster Hill - D12. Brian Douglas Landers - D13. Arthur Leroy Mortell - D14. Dan Pinedo - D35. Heather Schmidt - D36. Ruby Durias - D47. Jose Alamillo - D5 Parks and Recreation and Community Services Commission (PRCSC) Vacant (X/XX/XX - 12/31/28)
Miguel Fernandez - D1 (2/21/23 - 12/31/26)
Joe G. Garcia - D3 (04/01/2025 - 12/31/28)
Abel Velasquez - D3 (XX/XX/XX - 12/31/28)
Angela Whitecomb - D4 (4/01/25 - 12/31/28)
Oscar Hernandez - D5 (3/21/23 - 12/31/26)
Vacant (X/XX/XX - 12/31/28)

1. Lissa Hewitt -D12. Edward Foster Hill - D13. Ana Maria Van Hoven - D14. Rajon Isaiah White - D15. Roger Poirier - D4 Planning Commission
Vacant (X/XX/XX - 12/31/28)
Steven Nash - D1 (2/21/23 - 12/31/26)
Vincent Stewart - D2 (1/17/23 - 12/31/26)
John Barrick - D1 (X/X/XX - 12/31/28)
Ronald Arruejo - D3 (04/01/25 - 12/31/28)
James Schuelke - D1 (01/16/24 - 12/31/26)
Miguel Lopez - D1 (04/01/25 - 12/31/28)

1. Edward Foster Hill - D12. Ken Oplinger - D13. Adrian Cortez - D34. Pardeep Singh - D35. Jose Alamillo - D5 6. Anna Marie Cabrera - D67. Edgar Fraire - D6 Senior Services Commission (SSC)
Vacant (XX/XX/XX - 12/31/28)
Gloria Postel - D1 (04/01/25 - 12/31/26)
Alice Sweetland - D2 (1/17/23 - 12/31/26)
Gloria Massey Chinea - D1 (04/01/25 - 12/31/28)
Vacant (X/XX/XX - 12/31/28)
LaRita Montgomery - D5 (1/3/23 - 12/31/26)
Linda Calderon - D5 (4/01/25- 12/31/28)

1. Brian Douglas Landers - D12. Jose Alamillo - D53. Anna Marie Cabrera - D6 KEY
Already appointed
Open seat
Nominated (waiting for background check)
Submitted for appointment at an upcoming Council meeting Term expired in 2024, no application for reappointment
19 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: April 1, 2025

TO: City Council

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the regular minutes of February 18, March 4 and 18, 2025.

BACKGROUND

Approval of minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. City Council minutes of February 18, 2025

2. City Council minutes of March 4, 2025

3. City Council meeting of March 18, 2025

20 MINUTES

OXNARD CITY COUNCIL
February 18, 2025
A. ROLL CALL, POSTING OF AGENDA

At 4:37 p.m., Mayor Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Gabriela Basua; Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, February 6, 2025 and the amended agenda was posted on Tuesday, February 11, 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.

Councilman Starr recused himself from C-1 because he is a party to the litigation.

Councilwoman Basua recused herself from C-3 because she has done business with G2K Construction in her capacity at the City of Port Hueneme.

At 4:40 p.m., the City Council recessed into a closed session.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Moving Oxnard Forward, Inc. and Aaron Starr v. City of Oxnard Ventura County Superior Court, Case No. 2023CUWM011768
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Justin Martinez v. City of Oxnard
Ventura County Superior Court, Case No. 56-2020-00545134-CU-PO-VTA Legislative Body: City Council

3. 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 in one
potential case.
21 February 18, 2025 OXNARD CITY COUNCIL PAGE 2
Legislative Body: City Council
Stephen Fischer, City Attorney announced that no reportable actions resulted from closed session.

D. OPENING CEREMONIES

At 6:15 p.m. Mayor Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Gabriela Basua; Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, February 6, 2025 and the amended agenda on Tuesday, February 11, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

Mayor Mc Arthur announced that Agenda Item Nos. M-2, M-5 and L-1 will be heard following Item H.

Councilman Starr shared that on Monday, February 17th his father passed away.

The meeting opened with the pledge of allegiance to the flag of the United States led by Jimena Lopez, a student at Channel Islands High School, followed by a moment of silence in honor of Mr. Starr’s father who passed away.

Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Eric Sonstegard, Assistant City Manager; Katie Casey, Deputy City Manager; Stephen Fischer, City Attorney; Michael Wolfe, Public Works Director; Javier Chagoyen- Lázaro, Chief Financial Officer; Terrel Harrison, Cultural & Community Services Director; Renee Rakestraw, Assistant Cultural & Community Services Director; Brenda Lopez, Interim Housing Director; and Lourdes A. López, City Clerk.

E. CEREMONIAL ITEMS

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Isaac Michael Morales; KC Rodriguez, Roy Prince; Pat Brown; Grey Runyon; Dan Pinedo; Eileen Tolteca; Caller 1622; and Caller 4018.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

H. CITY COUNCIL BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities and expressed their condolences to Councilman Starr on the passing of his father.

Councilwoman Perez requested an update on her previous request of the undocumented community.
22 February 18, 2025 OXNARD CITY COUNCIL PAGE 3
Councilman Starr requested: 1) the progress and updated on the sober living facilities ordinance. 2) status of the million dollar grant for Gabriel’s House; 3) defunding sanctuary cities and a target date where staff provide the analysis; 4) update on recent Wastewater Treatment Plant operational/mechanical issue that resulted in an estimated 880,000 gallon discharge of primary effluent into the ocean pipeline; and 5) staff presentation on Information Technology resources and what projects are in the pipeline along with priorities.

The City Manager stated that the City has about $60 million in grant funding in place ($25 million for Housing/$25 million for Public Works/$10 million in Public Safety, Parks, etc.

The impacts will affect the City, potentially schools, hospitals, and any grants that are received by non-profit organizations and the Port of Hueneme.

Councilwoman Basua requested: 1) anti-harassment ordinance and a discrimination ordinance that will apply to our Just Cause Tenant Protection; and 2) using temporary union members as temporary labor for the City of Oxnard.

M. REPORTS

2. Cultural & Community Services Department
SUBJECT: Amendment to Extend the Operating Agreement for the Oxnard Performing Arts & Convention Center Auditorium and Meeting Rooms. (10 minutes) RECOMMEDNATION: That the City Council authorize the Mayor to execute the facility management agreement between the City and Sterling Venue Ventures (A-8209 and (A- 8210) for:

1. A five (5) year amendment extension for the operation, maintenance, and management of the Oxnard Performing Arts and Convention Center Auditorium and Meeting Rooms.

Councilwoman Rodriguez stated that she represents District 4 and is recusing herself from discussion on Item M-2 because she owns real property and lives within the 1,000 feet of the Oxnard Performing Arts Center. At 7:13 p.m., Councilwoman Rodriguez left the dais.

Councilwoman Basua, Councilman Starr, Councilwoman Perez, Councilmember Perello, Mayor Pro Tem Teran, and Mayor Mc Arthur had ex-parte communications with Carolyn Mullin, Sterling Venue Ventures representatives and community members.

Public comments were received from: Gabriel Hoffman; Amber Norton; Gary Davis; Gary Blum; Carolyn Mullin; Carol Flores Beck; Christian Ramirez; Patricia Cortex Washington; Manuel Herrera; Strelitzia Gallardo; Victor Valadez; JD Stephanes; Marianne Cothern; Teo Lopez; Elisa Torres; Cindy Mendoza; Christian Aguero Quirino; Tommy Nast; Rosie Cervantes; Rafael Perea de la Cabada; Demithriouz.

RECESS
At 8:15 p.m., the Council recessed and at 8:33 p.m. the City Council reconvened.

Public comments continued:
23 February 18, 2025 OXNARD CITY COUNCIL PAGE 4
Myriah Ramos; Robert Auclair; Jack Villa; Veronica Miranda; Steven Auclair; KC Rodriguez; Victoria Aves; Marvin Boos; Juana Martinez; Andy Coli; Dwayne Holland; Evelyn Herrera; Kevin Brannon; Dana Morris; Amy Differ; Myles Canan; Daniel Altamira; Diego Castaneda; Hailey Martinez; Arcelia Martinez; Pam Hooarth; Chuy Leon; Maria Durant; Janice Wise; Sophia Liliana Inez; Lorenzo Castillo; Roger Poirer; Pat Brown; Miguel Fernandez; Angela Whitecomb; Greg Runyon; Maria Elena Saldana Aldana; Luann Rocha; Crystal Pak; Juan Flores; Nicole Taylor; Roxanne Trujillo; Nick Bryden.

At 9:49 p.m., the Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

It was moved by Mayor Pro Tem Teran, seconded by Councilwoman Perez, to continue the meeting past 10:00 p.m. VOTE: Teran, Perez, Basua, Mc Arthur, Perello, and Starr voted in favor; motion passed 6-0-1. Councilwoman Rodriguez was absent.

Terrel Harrison, Cultural & Community Services Director, Katie Casey, Deputy City Manager and Renee Rakestraw, Assistant Cultural & Community Services Director presented and answered questions. Discussion ensued among the Council, staff, Lance Sterling and Dr. Davis.

It was moved by Councilman Starr, seconded by Councilmember Perello, to approve staff’s recommendation and direct staff to come back with a side agreement with OPAC. The motion includes staff’s modification of section 4.1 “each event in the auditorium and performing arts center rooms Sterling Venue Ventures shall pay 15% of the gross margin for food and beverage less cost of sales for concessions and then the continuation of excluding taxes and gratuities on concessions.”
It was moved by Mayor Pro Tem Teran, seconded by Councilwoman Perez to amend Councilman’s Starr’s motion to extend the contract for 5 years to include the language in section 2.1 to indicate that “it is in coordination with, instead of at the sole discretion of,” with a requirement of a side letter in six months. Concurrently, both entities to explore the possibility of having separate contracts, but it would not be a contractual obligation.

It was moved by Councilman Starr to call the question on Mayor Pro Tem’s motion amendment. Vote: Teran, Perez, Mc Arthur, and Starr voted in favor; motion passed 4-2-1.

Councilmembers Perello and Basua voted no. Councilwoman Rodriguez was absent.

It was moved by Councilwoman Basua, seconded by Councilman Starr to amend Mayor Pro Tem’s motion amendment to extend the contract for 5 years, both entities to have separate contracts within 1 year, and for staff to return with an update in 6 months. VOTE: Basua, Starr, Teran, Mc Arthur, Perez and Perello voted in favor; the motion passed 6-0-1.

Councilmember Rodriguez was absent.

VOTE: Teran, Basua, Mc Arthur, Starr, Perez, and Perello; the motion passed 6-0-1.

At 12:12 a.m. Councilwoman Rodriguez joined the Council at the dais. 24 February 18, 2025 OXNARD CITY COUNCIL PAGE 5
RECESS
At 12:13 a.m., the Council recessed and at 12:26 a.m. the City Council reconvened.

2. City Attorney Department

SUBJECT: Implementation of Specific Provisions of the Court of Appeal's Decision Regarding the City Treasurer
RECOMMENDATION: That the City Council:

Approve the first reading by title only and waive further reading of 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
or
Alternatively, although not recommended by City staff, direct staff to return with the necessary proposed ordinance and resolution to reorganize and reinstate the duties of the City Treasurer, so the person in that position will serve as the administrative head of staff now associated with the separate Division of Billing and Licensing and as a department head.

Ken Rozell, Chief Assistant City Attorney and Jennie Kelly, Assistant City Attorney presented and answered questions.

Public comments were received from Michael Walker, Phil Molina, Ray Blattel, Lorenzo Castillo, Manuel Herrera, Doug Partello, Alicia Percell, Greg Runyon, Lauren Bueling, and Larry Stein.

Discussion ensued among the Council and staff.

It was moved by Councilman Starr, seconded by Councilwoman Rodriguez directing staff to return with an item restoring the City Treasurer the staff budget and access he had prior to the actions by the predecessor Council in 2020. VOTE: Starr voted in favor; motion failed 1-6. Basua, Perello, Perez, Rodriguez, Teran, and Mayor Mc Arthur voted no.

It was moved by Councilwoman Basua, seconded by Councilwoman Rodriguez to approve staff’s recommended action as presented. VOTE: Basua, Perello, Perez, Rodriguez, Teran, and Mayor Mc Arthur voted in favor; motion passed 6-1. Councilman Starr voted no.

I. REVIEW OF INFORMATION/CONSENT AGENDA

25 February 18, 2025 OXNARD CITY COUNCIL PAGE 6
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the regular minutes of January 21, 2025 and February 4, 2025.

2. Public Works Department
SUBJECT: Public Project Agreement 32500403 with Jaynes Brothers Construction, Inc. for Citywide Playground Replacement Project - Ololkoy Beach Park (Rebid), Specification No.

PW 25-49R.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $489,759.00 in Project funds for the Citywide Playground Replacement Project - Ololkoy Beach Park (Rebid), Specification No. PW 25-49R;

2. The Mayor to execute an Agreement with Jaynes Brothers Construction, Inc. in the amount of $408,133.00 and a Project contingency amount of $40,813.00 (~10%) with Jaynes Brothers Construction, Inc. for a total not to exceed value of $448,946.00 for the Project; and

3. A Project allocation amount of $40,813.00 (~10%) for engineering, inspection, survey and project management for the Project.

3. Public Works Department
SUBJECT: Additional Project Contingency Authority to Agreement 32500074 with LDP Associates, Inc. for the Replacement of the City’s Data Center Cooling System.

RECOMMENDATION: That the City Council approve and authorize an increase of $50,000 in project contingency authority to an agreement with LDP Associates, Inc. for a new not-to- exceed value of $351,663, for use with the Data Center Cooling System Replacement Project IT 24-134.

4. Public Works Department
SUBJECT: Public Project Agreement 32500393 with CSI Services for Central Park Fountain Renovation Project, Specification No. SD 25-23.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $723,511.00 in Project funds for the Central Park Fountain Renovation Project, Specification No. SD 25-23;

2. The Mayor to Execute an Agreement with CSI Services in the amount of $602,925.00 for the Project and approve a Project contingency amount of $60,293.00 (~10%) with CSI Services for a total not to exceed value of $663,218.00 for the Project;

3. A Project allocation amount of $60,293.00 (~10%) for engineering, inspection, survey and project management for the Project; and

4. A budget appropriation in the amount of $268,511 from the available fund balance in the Community Facilities District (CFD) 5 Fund (120, sub-fund 6050) to the Central Park Fountain Control Room Renovation Project (C2012) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount.
26 February 18, 2025 OXNARD CITY COUNCIL PAGE 7

5. Public Works Department
SUBJECT: Multiple Agreements for On-Call Geotechnical Engineering/Environmental Material Testing and Inspection Services Professional Engineering Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following four Agreements, each with an initial term of one year, from February 19, 2025, to February 18, 2026, with options for exercising four consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering geotechnical services:

1. Agreement 32500365 with Earth Systems Pacific for a total amount not to exceed $1,000,000;

2. Agreement 32500368 with Twining, Inc. for a total amount not to exceed $1,000,000;

3. Agreement 32500375 with Geocon West, Inc. for a total amount not to exceed $1,000,000; and

4. Agreement 32500379 with Shannon & Wilson, Inc. for a total amount not to exceed $1,000,000.

6. Public Works Department
SUBJECT: Multiple Agreements for On-Call Architectural Design Professional Engineering Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of two years from February 19, 2025, to February 18, 2027, with an option for three consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering services for architectural design:

1. Agreement 32500354 with Black, O’Dowd and Associates, Inc. DBA BOA Architecture for a total amount not to exceed $750,000;

2. Agreement 32500359 with Jeff B. Zook, A Professional Architectural Corporation DBA Coastal Architects for a total amount not to exceed $750,000;

3. Agreement 32500364 with Roesling Nakamura Terada Architects, Inc. for a total amount not to exceed $750,000; and

4. Agreement 32500361 with Wallace Group, A California Corporation for a total amount not to exceed $750,000.

7. Human Resources Department
SUBJECT: A Resolution Adding a CalPERS Medical Plan for NonPERS Elected Officials.

RECOMMENDATION: That the City Council adopt Resolution No. 15,846 authorizing the City to add a medical plan for NonPERS Elected Officials.

8. Housing Department
SUBJECT: Community Development Block Grant (CDBG) Loan Agreement for Casa Aliento.

RECOMMENDATION: That the City Council adopt Resolution No. 15,847 authorizing the Housing Director or Designee to execute a $792,999 CDBG Loan Agreement (32500402), and any and all related documents thereto, with Casa Aliento LP for the rehabilitation and conversion of an existing motel into 70 Permanent Supportive Housing Units located at 1245 N. Oxnard Boulevard.
27 February 18, 2025 OXNARD CITY COUNCIL PAGE 8

9. Housing Department
SUBJECT: CDBG and In-Lieu Loan Agreement for Dolores Huerta Gardens Apartments, a 58-Unit Affordable Rental Project located at 2161 Etting Road.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,848 authorizing the Housing Director or Designee to execute a $268,074 CDBG Loan Agreement (32500404) and a $631,900 In-Lieu Loan Agreement (32500406), and any and all related documents thereto, with Etting Road LLC for the construction of fifty-eight affordable rental units located at 2161 Etting Road; and

2. Approve and authorize a budget appropriation of $631,900 from the Affordable Housing In-Lieu Fees Fund to support the $631,900 In-Lieu Loan Agreement.

Consent Items K.1 – K.6 and K.9
It was moved by Councilwoman Rodriguez, seconded by Mayor Pro Tem Teran, to approve the Information/Consent items as presented. VOTE: Rodriguez, Teran, Perez, Starr, Basua, Mc Arthur and Perello voted in favor; the motion passed 7-0.

Consent Items K.7
It was moved by Councilwoman Rodriguez, seconded by Mayor Pro Tem Teran, to approve the Information/Consent item as presented. VOTE: Rodriguez, Teran, Perez, Basua, Mc Arthur and Perello voted in favor; the motion passed 6-1. Councilman Starr voted no.

Consent Items K.8
It was moved by Councilwoman Rodriguez, seconded by Mayor Pro Tem Teran, to approve the Information/Consent item as presented. VOTE: Rodriguez, Teran, Perez, Starr, Basua, and Perello voted in favor; the motion passed 6-0-1. Mayor Mc Arthur recused himself because he owns property within 1,000 ft. of the project.

L. PUBLIC HEARING

1. Housing Department
SUBJECT: Fiscal Year 2020-2021 Annual Action Plan Amendment - Community Development Block Grant CARES Act. (10 minutes)
RECOMMENDATION: That the City Council:

1. Conduct a public hearing regarding the fiscal year 2020-2021 Annual Action Plan Amendment;

2. Approve the fiscal year 2020-2021 Annual Action Plan Amendment for the CARES Act reallocations;

3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the 2020-2021 Annual Action Plan Amendment for the CARES Act, and allow adjustments within ten percent of the grant allocation or $200,000, whichever is greater;

4. Authorize the City Manager, and his designees, to execute the required documents to 28 February 18, 2025 OXNARD CITY COUNCIL PAGE 9
submit the 2020-2021 Annual Action Plan Amendment to the United States Department of Housing and Urban Development; and,

5. Authorize the City Manager, and his designees, to execute all of the agreements necessary for the implementation of the 2020-2021 Annual Action Plan Amendment.

The City Clerk announced the affidavit of publication and stated that no written communications were received.

Mayor Mc Arthur opened the public testimony portion of the public hearing.

Brenda Lopez, Interim Housing Director presented and answered questions. Discussion ensued among the Council and staff. No public comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing.

It was moved by Councilman Starr, seconded by Mayor Pro Tem Teran, to approve the recommended action item as presented. VOTE: Starr, Teran, Perez, Rodriguez, Basua, Mc Arthur, and Perello voted in favor; the motion passed 7-0.

M. REPORTS

1. Housing Department
SUBJECT: Second Amendment and Extension of the Agreement with the County of Ventura and local hotel operators in support of the Encampment Resolution Funding Program. (10 minutes)
RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute a Second Amendment to Agreement No. 32400434 with the County of Ventura for partnership in delivery of encampment response outreach and case management services via the Ventura County Health Care Agency in the amount of $250,000 for a total agreement amount not to exceed $1,558,614.34, and to extend the term of the agreement to August 31, 2025;

2. Authorize the City Manager, or designee, to negotiate and execute agreements with local hotel operators through August 31, 2025 to offer non-congregate shelter.

Brenda Lopez, Interim Housing Director presented and answered questions. Discussion ensued among the Council and staff. No public comments were received.

It was moved by Councilmember Perello, seconded by Councilwoman Rodriguez, to approve the recommended action item as presented. VOTE: Perello, Rodriguez, Starr, Basua, Mc Arthur, and Perez voted in favor; the motion passed 6-0-1. Mayor Pro Tem recused himself due to a potential remote conflict of interest arising from professional work he does for the County of Ventura.
29 February 18, 2025 OXNARD CITY COUNCIL PAGE 10

3. 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 Fund (735) as explained in this report.

ACTION: Continued to March 4, 2025.

Human Resources Department

4. 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.

ACTION: Continued to March 4, 2025.

L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 3:41 a.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor

30 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
March 4, 2025
A. ROLL CALL, POSTING OF AGENDA

At 4:40 p.m., Mayor Pro Tem Teran presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Gabriela Basua; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. Mayor Luis Mc Arthur was absent.

The City Clerk stated that the agenda was posted on Thursday, February 20, 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

Public comment was received from Hall Dittmer, President & CEO of Wellhead Power Solutions, LLC.

Mayor Pro Tem Teran recused himself from Item C-1 due to a potential conflict through his contract work with the local school districts.

Councilmembers reported their ex parte communications received on Item C-3.

At 4:48 p.m., the City Council recessed into a closed session. At 5:00 p.m., Mayor Mc Arthur was present.

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
31 March 4, 2025 OXNARD CITY COUNCIL PAGE 2

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)

At 6:20 p.m. Mayor Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council concurrently with the Oxnard Housing Authority in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; Gabriel Teran and Gabriela Basua were present. The City Clerk stated that the agenda was posted on Thursday, February 20, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

Stephen Fischer, City Attorney announced that by a vote of 4-3 with Mayor Mc Arthur, Councilwoman Rodriguez, Councilmember Perello and Mayor Pro Tem Teran voting in favor and Councilman Starr, Councilwoman Basua and Councilwoman Perez voting no; directed the City Attorney to initiate an action to challenge the approval by the Ventura County Planning Commission of a battery storage system project known as the Scholes project proposed by Wellhead Power Solutions, LLC. to be located on agricultural land in the County’s jurisdiction south of Gonzales Road approximately one and half mile west of Victoria Avenue.

The meeting opened with the pledge of allegiance to the flag of the United States led by Ricardo Navarro, followed by a moment of silence in honor of Gene Gonzales, a retired Parks Supervisor who passed away.

Staff members present were Alexander Nguyen, City Manager; Eric Sonstegard, Assistant City Manager; Stephen Fischer, City Attorney; Michael Wolfe, Public Works Director; Javier Chagoyen-Lázaro, Chief Financial Officer; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Steve Naveau, Human Resources Director; Mike More, Human Resources Manager; Brenda Lopez, Interim Housing Director; and Lourdes A. López, City Clerk.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 2025 as "Women’s History Month."
ACTION: Mayor Mc Arthur read the proclamation and presented to Kathy Morgan with the League of Women Voter, Ventura County who thanked the City Council for the recognition.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Mario A. Riley, Sr. (recent book), Alexis Schmidt (upcoming neighborhood meeting), Adriel Miramontes (women’s history month), Ray Blattel 32 March 4, 2025 OXNARD CITY COUNCIL PAGE 3
(voting device), and Greg Runyon (various issues).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
Alexander Nguyen, City Manager commented on the recent groundbreaking of the Rice Avenue and Fifth Street/State Route 34 Grade Separation Project funding sources and stated that the project is expected to begin March 2025 and be completed by 2029.

H. CITY COUNCIL BUSINESS/COMMITTEE REPORTS
RECESS
At 9:28 p.m., the City Council recessed and at 9:35 p.m., the City Council reconvened.

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

Councilman Starr requested that the City consider the merit of subsidizing door cameras in lower income and crime ridden areas in our City. It would be connected with the Police Department and with the consent of the resident so that we can better solve crimes or detect them.

Councilwoman Basua requested a staff report on Ormond Beach decommission.

Councilwoman Perez requested that Council send a unified letter to the State Lands Commission requesting that they hold a meeting in Oxnard regarding Ormond Beach.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Item Nos. K-2, K-4, K-6, K-8, and K-10 were reviewed and discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Ray Blattel, Philip Molina, Dough Partello, Alicia Percell, Greg Runyon, Manuel Herrera, and Deirdre Frank on Item K-2.

K. INFORMATION/CONSENT AGENDA

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 Ordinance No. 3052 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 33 March 4, 2025 OXNARD CITY COUNCIL PAGE 4
TRANSFERRED TO THE ASSISTANT CITY TREASURER.

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.

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.

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.

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.

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.

9. Public Works Department
SUBJECT: Second Amendment to Agreement 32300154 with Auto Body International 34 March 4, 2025 OXNARD CITY COUNCIL PAGE 5
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.

10. Public Works Department
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.

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.

Consent Items K.1, K-3, K-5, K-7, K-9 and K-11
It was moved by Councilmember Perello, seconded by Councilwoman Rodriguez, to approve the Information/Consent item as presented. VOTE: Perello, Rodriguez, Basua, Mc Arthur, Perez, Starr, and Teran voted in favor; the motion passed 7-0.

HOUSING AUTHORITY
At 7:38 p.m., the joint meeting with the Housing Authority concluded.

Consent Items K.2
It was moved by Councilmember Perello, seconded by Councilwoman Perez, to approve the Information/Consent item as presented. VOTE: Perello, Perez, Rodriguez, Teran, Basua, and Mc Arthur voted in favor; the motion passed 6-1 with Councilman Starr voting no.

Consent Items K.4
It was moved by Councilmember Perello, seconded by Councilwoman Rodriguez, to approve the Information/Consent item as presented. VOTE: Perello, Rodriguez, Mc Arthur, Perez, Starr, Basua, and Teran voted in favor; the motion passed 7-0.

Consent Items K.6
It was moved by Councilmember Perello, seconded by Mayor Mc Arthur, to approve the Information/Consent item as presented. VOTE: Perello, Mc Arthur, Rodriguez, Starr, 35 March 4, 2025 OXNARD CITY COUNCIL PAGE 6
Teran, Basua, and Perez voted in favor; the motion passed 7-0.

Consent Items K.8
It was moved by Councilmember Perello, seconded by Mayor Pro Tem Teran, to approve the Information/Consent item as presented. VOTE: Perello, Teran, Starr, Basua, Mc Arthur, Perez, and Rodriguez voted in favor; the motion passed 7-0.

Consent Items K.10
It was moved by Councilmember Perello, seconded by Councilwoman Rodriguez, to approve the Information/Consent item as presented. VOTE: Perello, Rodriguez, Basua, Mc Arthur, Perez, Starr, and Teran voted in favor; the motion passed 7-0.

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.) Michael Wolfe, Public Works Director, Michelle Mc Carron, Assistant City Attorney and Eric Helgerson, principal with Bartell Wells Associates presented and answered questions.

Public comment was received from Alicia Percell. Discussion ensued among the Council and staff.

The presentation was received and filed; no formal action was taken.

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 Fund (735) as explained in this report.
(This item did not originate in Committee)

Javier Chagoyen-Lázaro, Chief Financial Director and Mike More, Human Resources 36 March 4, 2025 OXNARD CITY COUNCIL PAGE 7
Manager presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Councilman Starr, seconded by Mayor Pro Tem Teran, to approve budget amendments for funds 101, 120, 212, 301, 541, 701 and 735. VOTE: Starr, Teran, Perez, Rodriguez, Basua, Mc Arthur and Perello, voted in favor; the motion passed 7-0.

It was moved by Councilman Starr, seconded by Mayor Pro Tem Teran, to approve budget amendments for funds 105 and 631. VOTE: Teran, Perez, Rodriguez, Basua Mc Arthur and Perello, voted in favor; the motion passed 6-1 with Councilman Starr voting no.

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 Resolution No. 15,849 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)
Steve Naveau, Human Resources Director, Jason Benites and Alexander Hamilton, Fire Chief presented and answered questions. Public comment was received from Ray Blattel. Discussion ensued among the Council and staff.

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

It was moved by Mayor Mc Arthur, seconded by Mayor Pro Tem Teran, to continue the meeting past 10:00 p.m. VOTE: Rodriguez, Teran, Perez, Starr, Basua, Mc Arthur, and Perello voted in favor; motion passed 7-0.

It was moved by Mayor Mc Arthur, seconded by Mayor Pro Tem Teran, to approve the recommended action. VOTE: Mc Arthur, Teran, Rodriguez, Starr, Basua, Perello, and Perez, voted in favor; motion passed 7-0.

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 37 March 4, 2025 OXNARD CITY COUNCIL PAGE 8
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.)
Michael Wolfe, Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Mc Arthur, seconded by Councilwoman Perez, to approve the recommended action. VOTE: Perez, Mc Arthur, Starr, Teran, Basua, Perello, and Rodriguez voted in favor; motion passed 7-0.

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) 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.
(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.)
Michael Wolfe, Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. 38 March 4, 2025 OXNARD CITY COUNCIL PAGE 9
It was moved by Councilmember Perello, seconded by Mayor Pro Tem Teran, to approve the recommended action. VOTE: Perello, Rodriguez, Starr, Teran, Basua, Mc Arthur, and Perez voted in favor; motion passed 7-0.

L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 10:50 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor

39 MINUTES

OXNARD CITY COUNCIL
March 18, 2025
A. ROLL CALL, POSTING OF AGENDA

At 6:03 p.m. Mayor Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council concurrently with the Oxnard Housing Authority in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. The City Clerk stated that the agenda was posted on Thursday, March 6, 2025 and the amended agenda on March 12, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website. Councilmembers Gabriela Basua, Luis Mc Arthur; Bert E. Perello; Michaela Perez; Aaron Starr; and Gabriel Teran were present.

Councilwoman Gabriela Rodriguez attended the meeting remotely from the Double Tree by Hilton Washington DC- Crystal City, 300 Army Navy Drive, Arlington, VA 22202- 2891 US.

Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Eric Sonstegard, Assistant City Manager; Stephen Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Elle McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Javier Chagoyen-Lázaro, Chief Financial Officer; Brenda Lopez, Interim Housing Director; Jeff Pengilley, Community Development Director; Kathleen Mallory, Planning and Sustainability Manager; Jennifer Yates, Purchasing Manager and Lourdes A. López, City Clerk.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

C. OPENING CEREMONIES
The meeting opened with the pledge of allegiance to the flag of the United States led by Brooke Donlon, a student at Oxnard High School.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of March 2025 as "American Red Cross."
Mayor Mc Arthur read the proclamation and presented it to Noah Tyler Tabbay who thanked the City Council for the recognition.

2. SUBJECT: Presentation of a Proclamation Designating March 31, 2025 as "Cesar E.

Chavez Day."
Mayor Mc Arthur read the proclamation and presented it to Javier Gomez, Maripas 40 March 18, 2025 OXNARD CITY COUNCIL PAGE 2
Jacobo, and Miguel Rodriguez who thanked the City Council for the recognition.

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Mario Riley, Sr. (Councilman Starr); Isaac Morales (various issues); Pascual Amador (road safety); Theresa Clemen (parking issues); Arlene Carter (Post Office and homelessness); Pat Brown (various issues); Diego Magaña (mininature program); Greg Runyon (City Treasurer); and Doug Partello (311).

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
Alexander Nguyen, City Manager commented on upcoming virtual townhall meeting regarding the Teal Club Development.

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

AUTHORITY BUSINESS/COMMITTEE REPORTS

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

Councilman Starr commented about the yellow blinking left arrow turn traffic signal at the corner of Camino Del Sol and Rice Avenue. He asked staff about the possibility of this type of traffic signal being installed at other intersections throughout the City.

H. REVIEW OF INFORMATION/CONSENT AGENDA
Item No. J-2 was reviewed and discussed among the Council and staff. Phillip Molina, City Treasurer provided comments.

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

J. INFORMATION/CONSENT AGENDA

1. Finance Department
SUBJECT: Sales Tax Contract Addendum For Sales Tax Audit Services Payment.

RECOMMENDATION: That the City Council:

1. Approve Addendum to Agreement No. 7748-17-FN between the City of Oxnard and Hinderliter, de Llamas and Associates (HdL Coren & Cone); and

2. Approve budget appropriation in the General Fund (101) in the amount of $64,155.00 to sales tax audit services.

2. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements and Fund Balances for the Months of August through December 2024 and January 2025. 41 March 18, 2025 OXNARD CITY COUNCIL PAGE 3
RECOMMENDATION: That the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the months of August through December 2024 and January 2025.
(This item did not originate in Committee.)
Consent Item J.1
It was moved by Councilman Starr, seconded by Mayor Pro Tem Teran, to approve the Information/Consent item as presented. VOTE: Basua, Perello, Perez, Rodriguez, Starr, Teran and Mc Arthur voted in favor; the motion passed 7-0.

K. PUBLIC HEARINGS

L. REPORTS

1. Finance Department
SUBJECT: FY 2023-24 Annual Comprehensive Financial Report and Summary Presentation. (10 minutes)

RECOMMENDATION: That City Council ratify and approve the Fiscal Year 2023- 24 Annual Comprehensive Financial Report (ACFR) and Fiscal Year 2023-24 Warrants Register in the Form of that ACFR.
(As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee.)

Javier Chagoyen-Lázaro, Chief Financial Officer introduced Brandon Ferrell of Eadie & Payne LLP, who gave a report. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, seconded by Councilwoman Rodriguez, to ratify and approve the Fiscal Year 2023-24 Annual Comprehensive Financial Report (ACFR) as presented. VOTE: Perez, Rodriguez, Starr, Teran, Basua, Mc Arthur and Perello voted in favor; the motion passed 7-0.

It was moved by Councilwoman Rodriguez, seconded by Councilmember Perello, to approve the Fiscal Year 2023-24 Warrants Register in the Form of that ACFR as presented. VOTE: Basua, Perello, Perez, Rodriguez, Teran and Mc Arthur voted in favor; the motion passed 6-1 with Councilman Starr voting no.

2. Community Development Department
SUBJECT: City of Oxnard 2024 General Plan Annual Progress Report. (10 minutes)

RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2024 General Plan and Housing Element Annual Progress Report. (This item did not originate in Committee.)
Jeff Pengilley, Community Development Director and Kathleen Mallory, Planning and Sustainability Manager presented and answered questions. 42 March 18, 2025 OXNARD CITY COUNCIL PAGE 4
No public comment was received. Discussion ensued among the Council and staff.

The presentation was received and filed; no formal action was taken.

3. City Attorney Department
SUBJECT: Ordinance Amending the City’s Purchasing System (City Code Chapter 4). (10 minutes)

RECOMMENDATION: That the City Council approve the first reading by title only and waive further reading of the proposed Ordinance No. 3053 titled:
“AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA REPEALING AND REPLACING CHAPTER 4, ARTICLES I THROUGH VI OF THE OXNARD CITY CODE FOR PURCHASING, CONTRACTING AND PUBLIC PROJECTS.” (The Finance and Governance Committee approved 3-0 on February 25, 2025.)

Michelle McCarron, Assistant City Attorney and Jennifer Yates, Purchasing Manager presented and answered questions.

No public comment was received. Discussion ensued among the Council and staff.

It was moved by Councilman Starr, seconded by Mayor Pro Tem Teran, to approve the recommended action. VOTE: Rodriguez, Starr, Teran, Basua, Mc Arthur, Perello, and Perez, voted in favor; motion passed 7-0.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 9:30 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor

43 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: April 1, 2025

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Agreement Regarding Field Training for Paramedic Students.

RECOMMENDATION

That the City Council authorize the City Manager to execute a Paramedic/Emergency Medical Technician (EMT) student education agreement (field internship) with the California Firefighter Joint Apprenticeship Committee (Cal-JAC) {A- 8579} for a term ending December 31, 2027.

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

BACKGROUND

Under California Code of Regulations Title 22, Section 1000092.06, the Paramedic internship consists of no less than 480 hours by a state-certified Paramedic preceptor. During field internship, students remain under the oversight of the school and under the medical direction of both the school and local EMS agency medical directors as directed by local regulations and state statutes. California Code of Regulations Title 22, Section 1000092.05 defines the regulatory requirements for the internship sites of students attending any California paramedic school. This section stipulates that:

“An approved paramedic training program shall enter into a written agreement with a paramedic service provider(s) that provide field internship services to students. This agreement shall include provisions to ensure compliance with this Chapter.”

DISCUSSION

Paramedic training is the gold standard in pre-hospital care for field first responders and ambulance personnel. This training is accomplished through a combination of trade schools, local community colleges and universities, which provide a vital educational opportunity to local residents. One required portion of the paramedic educational experience is the field internship. To support these students, the department seeks to create such an agreement with the California Firefighter Joint Apprenticeship Committee (Cal-JAC). Through this agreement, the Fire Department has the ability and the field training personnel to host and train paramedic students as they complete their final capstone internships.

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

Training Officers receive a five percent add pay for shifts where they serve as Field Training Officers. The city will pay approximately $800 in training officer pay to complete the 480 hours of field instruction for each student. Local agencies are encouraged to support training people in emergency medical response, and this low cost provides the Oxnard Fire 44 Department the opportunity to collaborate and support other agency partners in the training of paramedic students. Funding is available in the Fire Department's FY2024-25 General Fund operating budget and will be included in the recommended budget of each fiscal year through the term of the agreement.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 11, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief, Jaime Villa, EMS Coordinator, Fara Ravan, Administrative Services Support Supervisor

ATTACHMENTS

1. Insurance Requirements

2. Field Internship Agreement

3. Presentation

45 Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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

a. Commercial General Liability Insurance, including Contrac tual 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 Insura nce Services Office Commercial General Liability Coverage (Occurrenc e Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodil y injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. Professional liability/errors and omissio ns insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liabi lity/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.

d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claiman t. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by t he Risk Manager before commencement of services. 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. Consultant 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, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorseme nt if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

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

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

6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manage r. 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

1/23
46 Exhibit INS-A

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 t he certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy . Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

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

INS-A.doc
47 Exhibit INS-A

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

A

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

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

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

A

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE

Rev. 1/23 INS-A.doc
48 Exhibit INS-A

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to t he company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

Rev. 1/23 INS-A.doc
49 Exhibit INS-A

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
50 A-8579

AGREEMENT RE: FIELD TRAINING FOR PARAMEDIC STUDENTS This Agreement is made as of November 1, 2024, by and between Oxnard Fire Department,

and

California

Firefighter

Joint

Apprenticeship

Committee

(Cal-JAC).

RECITALS WHEREAS, Oxnard Fire Department is a provider of emergency medical services within the City

of

Oxnard;

and
WHEREAS, Cal-JAC provides instruction to students desiring to become licensed as paramedics;

and
WHEREAS, Cal-JAC’s students must serve a minimum 480-hour field internship to complete their

course

of

instruction;

and
WHEREAS, Oxnard Fire Department is able to provide field internships for the Cal-JAC’s students;

and
WHEREAS, California Health and Safety Code Section 1799.100 provides that: In order to encourage local agencies and other organizations to train people in emergency

medical

services,

no

local

agency,

entity

of

state

or

local

government,

private

business

or

nonprofit

organization

included

on

the

statewide

registry

that

voluntarily

and

without

exception

and

receipt

of

compensation

donates

services,

goods,

labor,

equipment,

resources,

or

dispensaries

or

other

facilities,

in

compliance

with

Section

8588.2

of

the

Government

Code,

or

other

public

or

private

organization

which

sponsors,

authorizes,

supports,

finances,

or

supervises

the

training

of

people,

or

certifies

those

people,

excluding

physicians

and

surgeons,

registered

nurses,

and

licensed

vocational

nurses,

as

defined,

in

emergency

medical

services,

shall

be

liable

for

any

civil

damages

alleged

to

result

from

those

training

programs.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Oxnard Fire Department shall provide no fewer than 480 hours of supervised field experience in

its

field

settings

for

Cal-JAC’s

students

for

instructional

purposes.

Total

number

of

hours

needed

to

complete

will

be

determined

by

Preceptor

and

Cal-JAC.

Students

are

required

to

begin

their

field

internship

within

90 days

of

completing

their

hospital

clinical

training.

Students

under

this

program

are

in

attendance

with

Oxnard

Fire

Department

for

educational

purposes

1 51
A-8579

and are not permanent or probationary employees of either Cal-JAC or Oxnard Fire Department for

any

purpose.

Additionally,

the

assignment

of

a

student

to

a

field

preceptor

shall

be

limited

to

duties

associated

with

the

students

training

program.

Students

are

not

entitled

to

compensation

for

services,

employee

welfare

and

pension

benefits,

or

workers’

compensation

benefits

from

Oxnard

Fire

Department.

2. The days and hours of field experience shall be mutually agreed upon by Cal-JAC and Oxnard Fire

Department.

In

each

field

setting,

an

Oxnard

Fire

Department

employee

shall

be

a

designated

Preceptor

to

supervise

all

aspects

of

care

performed

by

students.

Each

student

shall

have

a

minimum

or

40 documented

ALS

patient

contacts

during

the

field

internship.

ALS

patient

contacts

shall

be

defined

as

student

performance

of

one

of

more

ALS

skills

on

a

patient,

except

cardiac

monitoring

and

CPR.

3. Preceptors assigned by Oxnard Fire Department must be a paramedic in good standing with the

County

of

Ventura

Emergency

Medical

Services

Agency

for

a

minimum

of

two

years.

Preceptors

will

provide

hands-on

education

to

students

appropriate

for

adult

learning.

Preceptor

training

will

be

provided

by

Cal-JAC.

4. Cal-JAC certifies that students placed with Oxnard Fire Department will have successfully completed

a

minimum

of

454

hours

of

didactic

instruction

and

skills

laboratories

as

they

apply

to

the

Paramedic

level

of

instruction,

as

well

as

instruction

in

hazardous

materials,

infectious

disease

control

(blood

borne

pathogens),

as

specified

by

OSHA

for

pre-hospital

care

providers,

which

include

asepsis

and

aseptic

techniques.

In

addition,

the

students

will

have

successfully

completed

a

minimum

of

160

hours

of

clinical

training

at

a

partner

Emergency

Department.

Cal-JAC

shall

provide

a

written

policy

and

procedure

for

students

in

the

event

of

field

training

injury

or

communicable

disease

exposure. 5. Cal-JAC certifies that it will have on record for all students placed with Oxnard Fire Department proof

of

prior

immunization

for

measles,

mumps,

rubella,

polio,

Hepatitis

B,

diphtheria,

covid

and

tuberculosis

testing.

6. Students shall be subject to all rules and regulations applicable to Oxnard Fire Department’s emergency

medical

services

staff.

7. Cal-JAC at its sole cost and expense, shall insure or self-insure its activities in connection

with

Insurance

Exhibit

INS-A

Cal-JAC shall obtain, keep in force and maintain insurance or self-insure as follows:
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

2 52
A-8579

with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG

0001).

If

a

general

aggregate

limit

is

used,

that

limit

shall

apply

separately

to

the

project

or

shall

be

twice

the

occurrence

amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit

for

bodily

injury

and

property

damage

for

each

claimant

for

automobile

liability

with

coverage

equivalent

to

Insurance

Services

Office

automobile

liability

coverage

(Occurrence

Form

CA0001)

covering

Code

No.

1,

“any

auto;”
c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum

coverage

of

$1,000,000,

with

neither

Consultant

nor

listed

subconsultants

having

less

than

$500,000

individually.

The

professional

liability/errors

and

omissions

insurance

must

be

project

specific

with

at

least

a

one

year

extended

reporting

period,

or

longer

upon

request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s

liability

insurance

in

an

amount

not

less

than

$1,000,000

per

claimant.

Additionally,

the

workers’

compensation

policy

shall

include

a

waiver

of

all

rights

of

subrogation

which

the

insurer

may

have

against

the

City.

Cal-JAC shall provide a certificate of insurance, naming Oxnard Fire Department, its officers, employees,

agents,

and

volunteers

as

Additional

Insured,

and

requiring

notification

to

Oxnard

Fire

Department

at

least

thirty

days

in

advance

of

any

material

modification

or

cancellation

of

coverage.

8. Cal-JAC hereby agrees to indemnify, defend, and hold harmless Oxnard Fire Department, its officers,

employees,

agents,

contractors

(other

than

Cal-JAC

itself)

and

volunteers,

and

each

of

them,

from

and

against

any

and

all

claims,

actions,

damages,

costs,

liability,

losses,

judgments,

penalties

and

expenses

of

every

type

and

description,

including,

but

not

limited

to,

any

fees

and/or

cost

reasonably

incurred

by

Oxnard

Fire

Department’s

staff

attorney

or

outside

attorneys

and

any

fees

and

expenses

incurred

in

enforcing

this

provision

(collectively

“liabilities”),

to

which

any

or

all

of

them

may

be

subjected

as

a

direct

or

indirect

result

of

Oxnard

Fire

Department’s

provision

of

field

experience

to

students

under

this

agreement,

whether

or

not

the

liabilities

are

litigated,

settled,

or

reduced

to

judgment.

Cal-JAC

shall,

upon

Oxnard

Fire

Department’s

request,

defend

at

Cal-JAC’s

sole

cost

any

action,

claim

or

suit

which

asserts

or

alleges

any

such

liabilities,

whether

well

founded

or

not

and

whether

or

not

such

action,

claim

or

suit

also

asserts

or

alleges

negligent

or

wrongful

conduct

by

Oxnard

Fire

Department,

its

officer,

employees,

agents

or

volunteers.

9. Transportation to and from Oxnard Fire Department work sites shall be the responsibility of the student.

10. It is agreed and understood that the parties to this agreement are independent contractors. 11. The term of this agreement shall commence on and will expire on December 31, 2027. To terminate

this

contract

with

or

without

cause

by

either

party

a

30-

day

written

notice

of

termination

must

be

provided

to

the

other

party

at

any

time.

12. This agreement represents the entire agreement between the parties. Any prior agreements, promises,

negotiations

or

representations,

either

oral

or

written,

relating

to

the

subject

matter

of
3 53
A-8579

this agreement not expressly set forth in this agreement, are of no force and effect. This agreement may

be

modified

only

by

a

written

amendment

signed

by

both

parties.

13. Each party to this agreement, for itself, its subcontractors, assignees and successors in interest, agrees

not

to

unlawfully

discriminate

because

of

race,

color,

national

origin,

religion,

sex,

sexual

orientation,

disability,

age,

veteran

status,

medical

condition

(cancer-related)

as

defined

in

Section

12926

of

the

California

Government

Code,

ancestry,

or

marital

status,

or

citizenship.

City of Oxnard Cal-JAC By______________________ By_______________________ Alexander Nguyen Yvonne de la Peña City Manager Executive Director

4 54
California Firefighter Joint Apprenticeship Committee
Agreement (Paramedic/Emergency Medical T echnician Field Internship)
Alex Hamilton, Fire Chief
55 The Community Services, Public Safety, Housing & Development Committee recommends that the City Council authorize the City Manager to enter into a Paramedic/Emergency Medical T echnician (EMT) student education agreement (field internship) with the California Firefighter Joint Apprenticeship Committee (Cal-JAC) for a term ending December 31, 2027.

Recommendation 2
56 Title 22, Division 9, Chapter 4 sec 100153 of the California Health and Safety Code defines the regulatory requirements for the internship sites of students attending any California paramedic school. This section stipulates that “Approved paramedic training program shall enter into a written agreement with a paramedic service provider(s) to provide for field internship, as well as for a field preceptor(s) to directly supervise, instruct, and evaluate the students. The assignment of a student to a field preceptor shall be a collaborative effort between the training program and the provider agency.”
T o support these local students, the department seeks to create such an agreement with the California Firefighter Joint Apprenticeship Committee (Cal-JAC) for a term ending December 31, 2027.

Background 3
57 Paramedic training is the gold
standard in pre-hospital care for
field first responders and
ambulance personnel.

Adequate training sites with the
requisite call volumes and 911
experience are difficult to
source.

Discussion 4
58 This agreement directly supports local students seeking careers in Public Safety.

Internships also provide recruitment opportunities for local talent.

Discussion 5
59 • Training Officers receive a 5% add pay for shifts where they serve as Field Training Officers. The city will pay approximately $800 in Training Officer pay to complete the 480 hours of field instruction for each student. • Local agencies are encouraged to support training people in emergency medical response, and this low cost provides the Oxnard Fire Department the opportunity to collaborate and support other agency partners in the training of paramedic students.
• Funding is available in the Fire Department's FY 2024-25 General Fund operating budget and will be included in the recommended budget of each fiscal year through the term of the agreement
Financial Impact 6
60 QUESTIONS?
7 61

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: April 1, 2025

TO: City Council

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

SUBJECT: Monthly Investment Report for the Period Ending February 28, 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 February 28, 2025 was $484.6 million, with $16.5 million in cash accounts and $468.1 million in investments, as summarized in the table below.

62 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 February 28, 2025 by authorized investment and duration for a total portfolio amount of $468.1 million.

Portfolio Trends

The cash and investment position, as of February, 2025, increased by $3.6 million compared with the prior month, mainly driven by regular City operations. The trend for the cash and investment position is represented in the following chart.

The California Government Code and the City’s investment policy define 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.

63 The chart below represents the City’s investment portfolio classified by days until maturities from February 28, 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 February 2025 was 3.09%. LAIF average monthly effective yields for the same period was 4.33%. The City’s portfolio includes over $155 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 in the upcoming months.

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.

64 STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact from this report.

COMMITTEE OUTCOME

This item did not originate in a committee.

Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. Presentation February 2025 Investment Report

2. February 2025 Monthly Investment Report

65 City of Oxnard
Monthly Investment Report
as of February 28, 2025
April 1, 2025
City Council
Presented by:

Javier Chagoyen-Lazaro, City of Oxnard
Chief Financial Officer
66 Recommendation 2
That The City Council receive and file the City of Oxnard Monthly Investment Report as of February 28, 2025.
67 City of Oxnard Cash and Investment as of February 28, 2025 Discussion 3
68 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 4.33% 16.02%
VCIP n/a 51.2 - - 51.2 4.53% 10.93%
Federal Agencies n/a 82.3 201.2 19.0 302.5 2.67% 64.61% Medium Term Notes 30% 12.2 16.3 - 28.5 1.57% 6.09%
Supranational 20% 1.0 - - 1.0 0.53% 0.21%
Treasuries n/a 4.9 5.0 - 10.0 4.10% 2.13%
Total Investment $226.7 $222.5 $19.0 $468.1 3.09% 100%
*Total may not add due to rounding
Investment Compliance
69 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 Feb-25 Millions
Cash and Investment Position
Investments Market Value VCIP LAIF Cash
70 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 February 28, 2025
71 Discussion 7
Investment Return Trend

2.07%

2.50%

3.02% 3.09%

2.83%

3.17%

4.37% 4.33%

3.81%

4.49%

4.27%

3.99%

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
Feb
2025
City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
72 Recommendation 8
That The City Council receive and file the City of Oxnard Monthly Investment Report as of February 28, 2025.
73 9
Questions / Discussion
74 Investment report
for the month Ended in February 28, 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 03/17/2025
75 City of Oxnard
Cash and Investment Summary
Month Ended
February 28, 2025
Cash and Investment Position February  2025
Cash
Bank of America General Account 9,238,378.95 $
Bank of America Successor Agency Account 6,771,693.06
Bank of America  Citations Account 455,022.79
Bank of America  Golf Course Account ‐
Total Cash 16,465,094.80
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 * 999,191.00
Medium Term Notes * 28,526,749.48
U.S. Treasury Notes * 9,962,658.54
U.S. Government Sponsored Entities * 302,482,613.00
Total Investments 468,136,073.62
Total Cash and Investments 484,601,168.42 $
* Market Value
76 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
February 1 ‐ February 28, 2025
CUSIP / Investment # Issuer Purchase  Date Par  Value Market  Value Book  Value Stated  Rate Days  to Maturity YTM/C Maturity  Date Pooled Investments
County Investment Pool
VCIP            Ventura County Investment Pool 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 10,020,270.00 9,997,602.14 4.55 1,049 4.559 1/14/2028 31422XAS1       Farmer Mac 3/2/2021 1,000,000.00 965,116.00 1,000,000.00 0.61 366 0.61 3/2/2026 3133ERP70       Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,073,402.22 9,993,108.09 4.25 1,031 4.294 12/27/2027 3133ERQ20       Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,014,570.00 10,000,000.00 4.63 1,034 4.63 12/30/2027 3133ERT27       Federal Farm Credit Bank 1/16/2025 10,000,000.00 10,018,441.67 10,000,058.80 4.67 1,048 4.684 1/13/2028 3133ERN31       Federal Farm Credit Bank 1/16/2025 5,000,000.00 5,026,503.89 4,997,108.92 4.34 1,027 4.468 12/23/2027 3133ENBK5       Federal Farm Credit Bank 10/20/2021 1,000,000.00 953,021.00 1,000,000.00 1.14 598 1.14 10/20/2026 3130AQKJ1       Federal Home Loan Bank 1/28/2022 1,000,000.00 955,853.00 1,000,000.00 1.7 698 1.7 1/28/2027 3130AQPD9       Federal Home Loan Bank 2/17/2022 1,000,000.00 961,107. 00 1,000,000.00 2 718 2 2/17/2027 3130AQPD9       Federal Home Loan Bank 2/17/2022 1,000,000.00 961,107. 00 1,000,000.00 2 718 2 2/17/2027 3130AQSM6       Federal Home Loan Bank 2/25/2022 1,000,000.00 961,686.00 1,000,000.00 2.05 726 2.05 2/25/2027 3130AQRH8       Federal Home Loan Bank 2/25/2022 1,000,000.00 960,755. 00 1,000,000.00 2 726 2 2/25/2027 3130AQRK1       Federal Home Loan Bank 2/25/2022 1,000,000.00 959,849.00 1,000,000.00 2.03 726 2.03 2/25/2027 3130AQYG2       Federal Home Loan Bank 2/28/2022 1,000,000.00 969,574.00 1,000,000.00 2.5 726 2.493 2/25/2027 3130AQX65       Federal Home Loan Bank 3/4/2022 2,000,000.00 1,930,184.00 2,000,000.00 2.25 733 2.25 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,000,000.00 964,151.00 1,000,000.00 2.2 733 2.2 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,000,000.00 964,151.00 1,000,000.00 2.2 733 2.2 3/4/2027 3130AQVH3       Federal Home Loan Bank 3/4/2022 1,300,000.00 1,253,396.30 1,298,433.50 2.2 733 2.264 3/4/2027 3130AQX65       Federal Home Loan Bank 3/4/2022 2,700,000.00 2,605,748.40 2,698,915.50 2.25 733 2.271 3/4/2027 3130AR2D2       Federal Home Loan Bank 3/10/2022 1,000,000.00 990,129.00 1,000,000.00 3 739 3.034 3/10/2027 3130ARAX9       Federal Home Loan Bank 3/30/2022 1,000,000.00 977,002. 00 1,000,000.00 3 754 3 3/25/2027 3130ARDV0       Federal Home Loan Bank 4/8/2022 1,000,000.00 977,002. 00 1,000,000.00 3 754 3 3/25/2027 3130ARZF1       Federal Home Loan Bank 5/9/2022 2,600,000.00 2,588,437.80 2,600,000.00 3.4 192 3.401 9/9/2025 3130ARZE4       Federal Home Loan Bank 5/25/2022 2,000,000.00 1,998,658.00 2,000,000.00 4.2 815 4.186 5/25/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 993,182. 00 1,000,000.00 4 816 4 5/26/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 993,182. 00 1,000,000.00 4 816 4 5/26/2027 3130ARYA3       Federal Home Loan Bank 5/26/2022 1,000,000.00 993,182. 00 1,000,000.00 4 816 4 5/26/2027 3130AS4F3       Federal Home Loan Bank 6/9/2022 2,000,000.00 1,986,574. 00 2,000,000.00 4 814 4 5/24/2027 3130AS4F3       Federal Home Loan Bank 6/9/2022 2,000,000.00 1,986,574. 00 2,000,000.00 4 814 4 5/24/2027 3130ASFQ7       Federal Home Loan Bank 6/29/2022 1,000,000.00 992,810. 00 999,883.61 4 850 4.006 6/29/2027 3130ASHT9       Federal Home Loan Bank 7/12/2022 1,000,000.00 999,369.00 1,000,000.00 4.5 863 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 4.1 135 4.1 7/14/2025 3130ASF38       Federal Home Loan Bank 7/22/2022 1,000,000.00 994,551.00 1,000,000.00 4.1 873 4.1 7/22/2027 3130ASLA5       Federal Home Loan Bank 7/26/2022 1,000,000.00 998,530.00 1,000,000.00 4.5 877 4.5 7/26/2027 3130ASNN5       Federal Home Loan Bank 7/28/2022 1,000,000.00 998,770.00 1,000,000.00 4.375 879 4.375 7/28/2027 3130AYYJ9       Federal Home Loan Bank 2/15/2024 1,000,000.00 1,000,782. 00 1,000,000.00 5 1447 5 2/15/2029 77 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
February 1 ‐ February 28, 2025
CUSIP / Investment # Issuer Purchase  Date Par  Value Market  Value Book  Value Stated  Rate Days  to Maturity YTM/C Maturity  Date 3130B0EQ8       Federal Home Loan Bank 3/19/2024 1,000,000.00 1,000,222. 00 999,190.64 5.375 1473 5.398 3/13/2029 3130B1LW5       Federal Home Loan Bank 5/30/2024 2,000,000.00 2,001,054.00 2,000,000.00 5.25 454 5.25 5/29/2026 3130B2ZR9       Federal Home Loan Bank 10/3/2024 2,500,000.00 2,482,225.00 2,500,000.00 4.05 937 0.56 9/24/2027 3130B33X9       Federal Home Loan Bank 10/18/2024 7,000,000.00 6,961,045.00 6,996,534.69 4.5 1,683 4.539 10/9/2029 3130B3UC5       Federal Home Loan Bank 11/26/2024 5,755,000.00 5,764,278.34 5,757,480.84 4.7 993 4.704 11/19/2027 3130APN43       Federal Home Loan Bank 12/31/2024 10,000,000.00 9,748,870.00 9,724,347.13 2.25 605 4.25 10/27/2026 3130B4B42       Federal Home Loan Bank 12/31/2024 10,000,000.00 10,024,577.78 10,005,557.63 4.625 1,027 4.643 12/23/2027 3130AKLL8       Federal Home Loan Bank 12/30/2020 2,000,000.00 1,939,742.00 2,000,000.00 0.5 304 0.5 12/30/2025 3130AKN36       Federal Home Loan Bank 1/20/2021 2,000,000.00 1,937,472.00 2,000,000.00 0.525 320 0.525 1/15/2026 3130AKNK8       Federal Home Loan Bank 1/20/2021 5,000,000.00 4,884,115.00 5,000,000.00 0.5 233 0.5 10/20/2025 3130AKNK8       Federal Home Loan Bank 1/20/2021 1,000,000.00 976,823.00 1,000,000.00 0.5 233 0.5 10/20/2025 3130AKQ74       Federal Home Loan Bank 1/22/2021 5,000,000.00 4,844,860.00 5,000,000.00 0.625 327 0.625 1/22/2026 3130AKMD5       Federal Home Loan Bank 1/26/2021 5,000,000.00 4,837,055.00 4,999,548.61 0.5 331 0.51 1/26/2026 3130AKNR3       Federal Home Loan Bank 1/26/2021 1,000,000.00 967,935.00 1,000,000.00 0.56 331 0.56 1/26/2026 3130AKU61       Federal Home Loan Bank 1/27/2021 5,000,000.00 4,849,745.00 5,000,000.00 0.75 332 0.609 1/27/2026 3130AKU61       Federal Home Loan Bank 1/27/2021 5,000,000.00 4,849,745.00 5,000,000.00 0.75 332 0.609 1/27/2026 3130AKQX7       Federal Home Loan Bank 1/28/2021 2,000,000.00 1,938,026.00 2,000,036.33 0.7 333 0.698 1/28/2026 3130AKRN8       Federal Home Loan Bank 1/28/2021 2,000,000.00 1,937,078.00 2,000,000.00 0.65 333 0.65 1/28/2026 3130AKQX7       Federal Home Loan Bank 1/28/2021 5,000,000.00 4,845,065.00 5,000,000.00 0.7 333 0.7 1/28/2026 3130AKQ82       Federal Home Loan Bank 1/28/2021 1,500,000.00 1,452,150.00 1,500,000.00 0.6 333 0.6 1/28/2026 3130AKPN0       Federal Home Loan Bank 1/29/2021 2,000,000.00 1,936,014.00 2,000,000.00 0.6 334 0.6 1/29/2026 3130AKVN3       Federal Home Loan Bank 1/29/2021 1,000,000.00 967,302.00 1,000,000.00 0.52 334 0.52 1/29/2026 3130AKVQ6       Federal Home Loan Bank 1/29/2021 1,000,000.00 975,653.00 1,000,000.00 0.47 242 0.47 10/29/2025 3130AKWD4       Federal Home Loan Bank 2/9/2021 1,000,000.00 968,625.00 1,000,000.00 0.75 345 0.539 2/9/2026 3130AKWD4       Federal Home Loan Bank 2/9/2021 1,000,000.00 968,625.00 1,000,000.00 0.75 345 0.54 2/9/2026 3130AKTJ5       Federal Home Loan Bank 2/9/2021 2,000,000.00 1,933,152.00 2,000,000.00 0.54 345 0.54 2/9/2026 3130AKVA1       Federal Home Loan Bank 2/9/2021 2,000,000.00 1,937,644.00 2,000,000.00 0.75 345 0.564 2/9/2026 3130AKVR4       Federal Home Loan Bank 2/12/2021 1,000,000.00 966,059.00 1,000,000.00 0.55 348 0.55 2/12/2026 3130AL7M0       Federal Home Loan Bank 2/24/2021 2,000,000.00 1,932,332.00 1,999,019.44 0.625 360 0.676 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 1,000,000.00 965,929.00 999,843.11 0.6 360 0.616 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 5,000,000.00 4,829,645.00 4,999,215.56 0.6 360 0.616 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 3,000,000.00 2,897,787.00 3,000,000.00 0.6 360 0.6 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 1,000,000.00 965,929.00 999,901.94 0.6 360 0.61 2/24/2026 3130AKXJ0       Federal Home Loan Bank 2/24/2021 1,000,000.00 965,929.00 999,901.94 0.6 360 0.61 2/24/2026 3130ALCB8       Federal Home Loan Bank 2/24/2021 1,000,000.00 965,772.00 1,000,000.00 0.68 360 0.68 2/24/2026 3130AL7M0       Federal Home Loan Bank 2/24/2021 1,000,000.00 966,166.00 999,901.94 0.625 360 0.635 2/24/2026 3130ALFS8       Federal Home Loan Bank 3/10/2021 1,000,000.00 966,295.00 1,000,000.00 0.8 374 0.8 3/10/2026 3130ALDN1       Federal Home Loan Bank 3/16/2021 1,000,000.00 965,246.00 1,000,000.00 0.8 380 0.8 3/16/2026 3130ALDN1       Federal Home Loan Bank 3/16/2021 1,000,000.00 965,246.00 1,000,000.00 0.8 380 0.8 3/16/2026 3130ALGB4       Federal Home Loan Bank 3/17/2021 1,000,000.00 965,160.00 1,000,000.00 0.8 381 0.8 3/17/2026 3130ALGJ7       Federal Home Loan Bank 3/23/2021 975,000.00 940,673.18 975,000.00 1 387 1 3/23/2026 78 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
February 1 ‐ February 28, 2025
CUSIP / Investment # Issuer Purchase  Date Par  Value Market  Value Book  Value Stated  Rate Days  to Maturity YTM/C Maturity  Date 3130ALGC2       Federal Home Loan Bank 3/23/2021 1,000,000.00 965,416.00 1,000,000.00 0.875 387 0.875 3/23/2026 3130ALLN2       Federal Home Loan Bank 3/24/2021 2,000,000.00 1,939,782. 00 2,000,000.00 1 388 0.871 3/24/2026 3130ALNU4       Federal Home Loan Bank 3/24/2021 1,000,000.00 997,868.00 1,000,000.00 0.68 23 0.68 3/24/2025 3130AM2F8       Federal Home Loan Bank 4/29/2021 1,000,000.00 965,220.00 1,000,000.00 1.125 424 1.125 4/29/2026 3130AM4L3       Federal Home Loan Bank 4/29/2021 1,000,000.00 967,419.00 1,000,000.00 1.25 424 1.1 4/29/2026 3130AMJH6       Federal Home Loan Bank 5/26/2021 1,000,000.00 962,256.00 1,000,000.00 1.05 451 1.05 5/26/2026 3130AML42       Federal Home Loan Bank 5/27/2021 1,000,000.00 965,404.00 1,000,000.00 1.2 452 0.957 5/27/2026 3130AMCM2       Federal Home Loan Bank 6/3/2021 1,250,000.00 1,239,502. 50 1,249,924.29 2 437 1.543 5/12/2026 3130AMM41       Federal Home Loan Bank 6/16/2021 5,000,000.00 4,800,585. 00 5,000,000.00 1 472 1 6/16/2026 3130AMPT3       Federal Home Loan Bank 6/23/2021 5,000,000.00 4,799,985.00 5,000,000.00 1.03 479 1.03 6/23/2026 3130AMYP1       Federal Home Loan Bank 7/15/2021 3,000,000.00 2,883,315.00 3,000,000.00 1.125 501 1.125 7/15/2026 3130ANWH9       Federal Home Loan Bank 9/24/2021 1,000,000.00 954,378.00 1,000,000.00 1.08 563 1.08 9/15/2026 3130ANYS3       Federal Home Loan Bank 10/12/2021 1,000,000.00 993,844.00 999,914.59 0.625 60 0.678 4/30/2025 3130APB87       Federal Home Loan Bank 10/13/2021 1,000,000.00 953,208.00 1,000,000.00 1.1 591 1.1 10/13/2026 3130APB87       Federal Home Loan Bank 10/13/2021 1,000,000.00 953,208.00 1,000,000.00 1.1 591 1.1 10/13/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 952,332.00 1,000,000.00 1.05 593 1.05 10/15/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 952,332.00 1,000,000.00 1.05 593 1.05 10/15/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 952,332.00 1,000,000.00 1.05 593 1.05 10/15/2026 3130AP3X1       Federal Home Loan Bank 10/15/2021 1,000,000.00 952,176.00 999,902.67 1.04 593 1.046 10/15/2026 3130AP5A9       Federal Home Loan Bank 10/15/2021 1,000,000.00 952,332.00 1,000,000.00 1.05 593 1.05 10/15/2026 3130AP3X1       Federal Home Loan Bank 10/15/2021 1,000,000.00 952,176.00 1,000,000.00 1.04 593 1.04 10/15/2026 3130APAY1       Federal Home Loan Bank 10/21/2021 3,000,000.00 2,857,866.00 3,000,000.00 1.1 599 1.1 10/21/2026 3130APBF1       Federal Home Loan Bank 10/22/2021 1,000,000.00 953,326.00 1,000,000.00 1.15 600 1.15 10/22/2026 3130APBF1       Federal Home Loan Bank 10/22/2021 2,000,000.00 1,906,652.00 2,000,000.00 1.15 600 1.15 10/22/2026 3130APHT5       Federal Home Loan Bank 10/26/2021 2,000,000.00 1,907,578.00 2,000,000.00 1.2 604 1.2 10/26/2026 3130APC45       Federal Home Loan Bank 10/26/2021 1,000,000.00 953,714.00 1,000,000.00 1.18 604 1.18 10/26/2026 3130APHT5       Federal Home Loan Bank 10/26/2021 2,000,000.00 1,907,578.00 1,999,669.44 1.2 604 1.21 10/26/2026 3130APCX1       Federal Home Loan Bank 10/26/2021 1,000,000.00 954,582.00 1,000,000.00 1.25 604 1.25 10/26/2026 3130APCX1       Federal Home Loan Bank 10/26/2021 2,000,000.00 1,909,164.00 2,000,000.00 1.25 604 1.25 10/26/2026 3130APCX1       Federal Home Loan Bank 10/26/2021 1,000,000.00 954,582.00 1,000,000.00 1.25 604 1.25 10/26/2026 3130APG82       Federal Home Loan Bank 10/28/2021 1,000,000.00 966,924.00 1,000,000.00 1.25 606 1.264 10/28/2026 3130APHV0       Federal Home Loan Bank 10/28/2021 2,000,000.00 1,906,616.00 2,000,000.00 1.18 606 1.18 10/28/2026 3130APDQ5       Federal Home Loan Bank 10/28/2021 1,000,000.00 954,422.00 1,000,000.00 1.25 606 1.25 10/28/2026 3130APKQ7       Federal Home Loan Bank 11/10/2021 1,000,000.00 953,589.00 1,000,000.00 1.25 619 1.25 11/10/2026 3130APKQ7       Federal Home Loan Bank 11/10/2021 1,000,000.00 953,589.00 999,154.17 1.25 619 1.302 11/10/2026 3130APKQ7       Federal Home Loan Bank 11/10/2021 1,000,000.00 953,589.00 1,000,000.00 1.25 619 1.25 11/10/2026 3130APLP8       Federal Home Loan Bank 11/16/2021 1,000,000.00 953,382.00 1,000,000.00 1.375 625 1.375 11/16/2026 3130APLP8       Federal Home Loan Bank 11/16/2021 1,000,000.00 953,382.00 1,000,000.00 1.375 625 1.375 11/16/2026 3130APL37       Federal Home Loan Bank 11/16/2021 1,000,000.00 955,131.00 1,000,000.00 1.4 625 1.4 11/16/2026 3130APNK7       Federal Home Loan Bank 11/18/2021 1,000,000.00 954,581.00 1,000,000.00 1.375 627 1.375 11/18/2026 3130APPZ2       Federal Home Loan Bank 11/23/2021 1,000,000.00 956,428.00 1,000,000.00 1.5 632 1.5 11/23/2026 79 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
February 1 ‐ February 28, 2025
CUSIP / Investment # Issuer Purchase  Date Par  Value Market  Value Book  Value Stated  Rate Days  to Maturity YTM/C Maturity  Date 3130AQ3T8       Federal Home Loan Bank 12/23/2021 1,000,000.00 963,932.00 1,000,000.00 2 662 1.641 12/23/2026 3130AQAB9       Federal Home Loan Bank 12/30/2021 1,250,000.00 1,194,945.00 1,250,000.00 1.625 669 1.625 12/30/2026 3134GXQF4       Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 981,068.00 1,000,000.00 3.25 773 3.25 4/13/2027 3134GXSH8       Federal Home Loan Mtg Corp 5/17/2022 1,000,000.00 992,711. 00 1,000,000.00 4 807 4 5/17/2027 3134GXTD6       Federal Home Loan Mtg Corp 5/23/2022 2,000,000. 00 1,995,722.00 2,000,000.00 3.5 83 3.5 5/23/2025 3134GXSZ8       Federal Home Loan Mtg Corp 5/23/2022 2,000,000. 00 1,995,280.00 2,000,000.00 3.4 83 3.4 5/23/2025 3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 2,000,000. 00 1,995,198.00 2,000,000. 00 4 816 4.213 5/26/2027 3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 1,000,000.00 997,599.00 1,000,000.00 4 816 4.213 5/26/2027 3134GXUF9       Federal Home Loan Mtg Corp 5/26/2022 2,000,000. 00 1,995,198.00 2,000,000. 00 4 816 4.213 5/26/2027 3134GXTE4       Federal Home Loan Mtg Corp 5/27/2022 1,000,000.00 995,224. 00 1,000,000.00 4 817 4 5/27/2027 3134GXZN7       Federal Home Loan Mtg Corp 7/12/2022 1,000,000.00 996,886.00 1,000,000.00 4.25 863 4.25 7/12/2027 3134GXD50       Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 998,089. 00 1,000,000.00 4 142 4 7/21/2025 3134GXD50       Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 998,089. 00 1,000,000.00 4 142 4 7/21/2025 3134GXE67       Federal Home Loan Mtg Corp 7/28/2022 1,000,000.00 996,727.00 1,000,000.00 4.25 879 4.25 7/28/2027 3134GXQ23       Federal Home Loan Mtg Corp 8/25/2022 1,000,000.00 997,088.00 1,000,000.00 4.25 907 4.25 8/25/2027 3137EAEX3       Federal Home Loan Mtg Corp 10/3/2024 2,500,000.00 2,446,417.92 2,451,318.71 0.375 206 3.966 9/23/2025 3134HAF40       Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,008,520.00 5,000,000.00 4.7 1000 4.7 11/26/2027 3134HAF40       Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,008,520.00 5,000,000.00 4.7 1000 4.7 11/26/2027 3134HBBV2       Federal Home Loan Mtg Corp 2/28/2025 10,000,000.00 9,995,390.00 10,000,000.00 4.47 1091 4.47 2/25/2028 3134HBBU4       Federal Home Loan Mtg Corp 2/27/2025 10,000,000.00 10,000,000.00 10,000,000.00 4.64 1459 4.64 2/27/2029 3134GXKJ2       Federal Home Loan Mtg Corp 1/22/2021 2,000,000.00 1,936,940.00 2,000,000.00 0.55 327 0.55 1/22/2026 Local Agency Investment Funds
LAIF            LAIF 75,000,000.00 75,000,000.00 75,000,000.00 4.333 1 4.333 Medium Term Notes
037833DX5       Apple Inc. 1/26/2021 1,000,000.00 981,796.00 1,000,058.59 0.55 172 0.537 8/20/2025 037833EB2       Apple Inc. 2/8/2021 1,000,000.00 967,340.00 999,990.64 0.7 344 0.071 2/8/2026 06048WS43       Bank of America 2/18/2022 3,000,000.00 2,955, 729.00 3,000,000.00 2 170 2 8/18/2025 06048WV98       Bank of America 5/27/2022 2,000,000.00 1,956,890. 00 2,000,000.00 4.05 452 4.05 5/27/2026 06048WW63       Bank of America 6/22/2022 1,000,000.00 999, 360.00 1,000,000.00 5 843 5 6/22/2027 06051GFS3       Bank of America 1/8/2021 1,000,000.00 997,297. 00 1,012,540.47 3.875 153 0.804 8/1/2025 06048WL32       Bank of America 2/24/2021 1,000,000.00 961,095. 00 1,000,000.00 0.8 360 0.08 2/24/2026 06048WL99       Bank of America 5/14/2021 1,000,000.00 960,481. 00 1,000,000.00 1.4 439 1.4 5/14/2026 06048WL99       Bank of America 5/14/2021 2,000,000.00 1,920,962. 00 2,000,000.00 1.4 439 1.4 5/14/2026 06048WL99       Bank of America 5/14/2021 2,000,000.00 1,920,962. 00 2,000,000.00 1.4 439 1.4 5/14/2026 06048WM64       Bank of America 7/12/2021 1,000,000.00 950,972. 00 999,598.58 1.2 481 1.231 6/25/2026 06048WM72       Bank of America 7/30/2021 1,000,000.00 945,586. 00 1,000,000.00 1.2 516 1.2 7/30/2026 06048WP20       Bank of America 9/24/2021 1,000,000.00 944,016. 00 1,000,000.00 1.25 572 1.25 9/24/2026 06048WP20       Bank of America 9/24/2021 1,000,000.00 944,016. 00 1,000,000.00 1.25 572 1.25 9/24/2026 06748WMK6       Barclays Bank PLC 10/29/2021 1,000,000.00 991,622. 00 1,000,000.00 1 59 1 4/29/2025 17290A2M1       Citi Bank 7/21/2021 1,000,000.00 953,139.00 1,000,000.00 1.4 507 1.4 7/21/2026 38150AH99       Goldman Sachs 8/17/2021 1,000,000.00 950,953.00 1,000,000.00 1.35 534 1.35 8/17/2026 80 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
February 1 ‐ February 28, 2025
CUSIP / Investment # Issuer Purchase  Date Par  Value Market  Value Book  Value Stated  Rate Days  to Maturity YTM/C Maturity  Date 24422EVK2       John Deere Capital 1/27/2021 3,000, 000.00 2,908,917.00 3,000,000. 00 0.7 320 0.7 1/15/2026 48133MAB6       JP Morgan 8/15/2022 1,000,000.00 981,608.00 1,000,000.00 4.2 895 4.2 8/13/2027 48128G4X5       JP Morgan 8/30/2021 1,000,000.00 940,356.00 1,000,000.00 1.2 545 1.2 8/28/2026 48128G4X5       JP Morgan 8/30/2021 1,000,000.00 940,356.00 1,000,000.00 1.2 545 1.2 8/28/2026 53961LAF6       Local Initiatives Support 1/28/2021 1,510,000. 00 1,453,296.48 1,510,000.00 0.95 320 0.95 1/15/2026 Supranational
459058JA2       Intl Bank Recon  & Dev 3/1/2021 1,000,000.00 999,191.00 1,000,061.38 0.75 10 0.526 3/11/2025 Treasury Coupon Securities
91282CFP1       U.S. Treasury 10/3/2024 2,500, 000.00 2,500,122.50 2,505,080. 11 4.25 228 3.914 10/15/2025 91282CLS8       U.S. Treasury 11/26/2024 5,000, 000.00 5,022,628.54 5,002,648. 68 4.125 609 4.277 10/31/2026 Treasury Discounts ‐Amortizing
912797MS3       U.S. Treasury 10/3/2024 2,500, 000.00 2,439,907.50 2,443,708. 52 3.77 215 3.935 10/2/2025 TOTA
L 475,004,861.60 468,136,073.62 474,629,022.80
81 Investment activities for the month of February 2025 Investment Purchases
No Date Transaction CUSIP Investment  Security Type Par  Amount Investment
Yield to
Maturity
Maturity
2/27/2025 Buy 3134HBBU4 Federal  Home Loan Mtg Corp 10,000,000.00 4.640 2/27/2029 2/28/2025 Buy 3134HBBV2 Federal  Home Loan Mtg Corp 10,000,000.00 4.470 2/25/2028 Total Purchases 20,000,000.00$
Investment Maturities, Calls & Sales
No Date Transaction CUSIP Investment  Security Type Par  Amount Investment
Yield to
Maturity
Maturity
2/3/2025 Maturit y 89236THZ1 Toyota  Motor Credit 2,000,000.00 0.400 2/3/2025 2/14/2025 Call 3130AYZG4 Federal  Home Loan Bank 1,000,000.00 5.400 2/14/2029 2/22/2025 Call 3130ASKZ1 Federal  Home Loan Bank 1,000,000.00 4.250 1/22/2026 2/26/2025 Maturit y 3134GTXB0 Federal  Home Loan Mtg Corp 4,000,000.00 3.250 2/26/2025 2/28/2025 Maturit y 3130AR2C4 Federal  Home Loan Bank 1,000,000.00 2.200 2/28/2025 Total Maturities, Calls & Sales 9,000,000.00$
82 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: April 1, 2025

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Agreement 32500335 with Honeywell International, Inc. for Fire Station Alerting System Replacement Project, Specification No. FD 25-17.

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $399,005.52 in Project funds for the Fire Station Alerting System Replacement Project, Specification No. FD 25-17;

2. The Mayor to execute an Agreement with Honeywell International, Inc. in the amount of $319,204.52 for the Project and approve a Project contingency amount of $47,881 (~15%) with Honeywell International, Inc., for a total not to exceed value of $367,085.52 for the Project; and

3. A Project allocation amount of $31,920 (~10%) for engineering, inspection, survey and project management for the Project.

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

BACKGROUND

The Oxnard Fire Department (FD) maintains a hardware and software system that alerts fire station personnel of an emergency. The present alerting systems at Fire Stations 7 and 8 are outdated, problematic, and in need of replacement.

Once the stations are upgraded with new equipment, the outcome will be improved communications and, consequently, a faster and more reliable emergency response. The scope of this project involves the replacement and updating of alerting equipment and its associated software at Fire Stations 7 and 8.

Capital Improvement Program (CIP) Reference:

Project No. C2040 – Fire Station Alerting System Replacement - CIP 2025-2029 - Adopted June 4, 2024– Page 45.

DISCUSSION

A fire station alerting system is used to rapidly notify firefighters of an emergency. The purpose of this project is to replace the outdated equipment at Fire Stations 7 and 8, and bring the alerting systems up-to-date with equipment that is compatible with the equipment used at all of the other Oxnard fire stations. The work involves installing new alerting equipment in all personnel areas of Stations 7 and 8; this will provide for better broadcasting of emergency alerts. Most importantly, the new system will also link to the dispatch center, improving the Fire Department’s ability to dispatch fire resources and personnel from a central location.

The project scope of work includes the installation of updated hardware, low voltage electrical systems, software, and all 83 other appurtenant and associated work to update and modernize the emergency alerting system at Fire Stations 7 and 8.

Honeywell International, Inc (Honeywell) manufactured the alerting systems utilized in other Oxnard Fire Stations and the installation was completed by Fire Department staff. To ensure the new equipment will be consistent and compatible with Fire Department’s existing alerting systems at other stations, the City is permitted to use the Single Source procurement method to directly contract with Honeywell for the present project. Honeywell is the exclusive manufacturer of the equipment used in the City’s other Fire Stations and has the requisite expertise to replace and install the new fire alerting systems at Stations 7 and 8. Furthermore, the alerting systems are compatible with the equipment used by the County. The single-source Procurement method is consistent with City purchasing procedures and state law does not categorize the installation of communication alerting systems as public work. It is in the best interest of the City to install the same type of equipment that is present in the City’s other stations and is compatible with the County’s equipment.

This is critical to ensure Fire Stations 7 and 8 receive all emergency alerts that are sent out.

Honeywell 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. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

Thus, staff recommends that the City Council award the contract for this Project to Honeywell.

The work is tentatively scheduled to begin in May 2025 and continue into February 2026 (190 Working Days) absent any delays due to supply chain issues, unforeseen site conditions, or weather.

In addition to the contract award amount of $319,204.52, Staff recommends authorizing $79,801 for the project, which includes $47,881 for project contingency (15% of the contract costs to account for any potential unforeseen conditions that may arise due to the age and concealed nature of the existing system) and $31,920 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $399,005.52.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project is $399,005.52 which includes the construction agreement, contingency and project allocation. The Fire Station Alerting System Replacement Project (C2040) is funded by the General Fund (101) and has an available project budget balance of approximately $477,000 to fund this Project.

The ongoing maintenance cost for this Fire Station Alerting System Replacement will have no new impacts on the Fire Department’s Operating budget. It is anticipated that there will be less maintenance and repair costs realized as a result of the system upgrades.

COMMITTEE OUTCOME

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

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Honeywell Agreement 32500335 Honeywell International FD 25-17

84 Agreement No.: 32500335
1 UNBID CONTRACT FOR

FIRE STATION ALERTING SYSTEM
SPECIFICATION NO. FD 25-17

BY AND BETWEEN

THE CITY OF OXNARD
AND
HONEYWELL INTERNATIONAL, INC.

THIS 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 HONEYWELL INTERNATIONAL, INC. (“Contractor”). The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the City requires the update of the City’s current Fire Station Alerting System at Stations 7 and 8 due to aged equipment and the need to update these stations to current standards; and

WHEREAS, it is necessary to bring Fire Stations 7 and 8 into compliance and maintain compatibility within the existing City Fire Alerting System. The Contractor who provided the design, manufacture and installation for all other City Fire Alerting Systems has been selected for Stations 7 and 8 in order to maintain compatibility within all other systems; 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, in light of the facts set forth above and the certifications made by Contractor as part of its Proposal, the City desires to retain Contractor to perform the Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

1. RECITALS

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

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:

85 Agreement No.: 32500335
2 1. Contract, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”);

2. Scope of Work (Exhibit B);

3. Change Orders issued and approved by the City;

4. Permits;

5. Schedule of Compensation (Exhibit C).

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

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

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

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

E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the 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.
86 Agreement No.: 32500335
3 4. LICENSES REQUIRED

A. The Contractor or its subcontractor responsible for the construction work shall possess a valid Class C-7 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

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 THREE HUNDRED NINETEEN THOUSAND TWO HUNDRED FOUR DOLLARS AND FIFTY TWO CENTS ($319,204.52) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, and all overhead costs, in accordance with Contractor’s Proposal (attached hereto as Exhibit “A”) and Schedule of Compensation (attached hereto as Exhibit “C”) subject to the provisions of this Contract and the Contract Documents.

B. The City shall make payments within thirty (30) Calendar Days after receipt of the Contractor’s undisputed and properly submitted payment request, based in part on the construction schedule.

The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Calendar Days after receipt, and shall explain in writing the reasons why the payment request is not proper.

C. Whenever the Project Work is completed, the Contractor shall then submit to the Project Manager a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such an invoice, the Project Manager shall check the quantities included therein and shall authorize a payment amount, covering the value of the total amount of Work done by the Contractor, less all previous payments. The Project Manager shall then file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM

A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of ONE HUNDRED NINETY (190) 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 insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by 87 Agreement No.: 32500335
4 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 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 88 Agreement No.: 32500335
5 proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

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

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

8. TERMINATION OF AGREEMENT FOR CONVENIENCE

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

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

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

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

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

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

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

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

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

3. Reasonable expenses directly attributable to termination.

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

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.
89 Agreement No.: 32500335
6 9. TERMINATION FOR CONTRACTOR’S DEFAULT

A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section.

The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:

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

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

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

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

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

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

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

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

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

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

3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;

C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

10. PREVAILING WAGE

A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for 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 90 Agreement No.: 32500335
7 be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

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

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

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

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

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

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

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. 91 Agreement No.: 32500335
8 F. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.

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

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

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

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

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

11. [RESERVED]

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.
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9 13. WORKERS’ COMPENSATION CERTIFICATION

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

14. INSURANCE

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

15. [RESERVED]

16. TIME OF THE ESSENCE

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

17. INDEMNIFICATION

A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or 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 93 Agreement No.: 32500335
10 activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

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

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

18. THIRD PARTY CLAIMS

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

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

19. CONFLICTS OF INTEREST

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

20. REPORTS; BOOKS AND RECORDS; AUDIT

A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. 94 Agreement No.: 32500335
11 B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager shall have full and free access to such books and records at all reasonable times, 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. 95 Agreement No.: 32500335
12 24. AMBIGUITIES

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

25. NOTICES

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

TO CITY: Public Works Director
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: Honeywell International, Inc.
222 S. Westmonte Drive, Suite 200
Altamonte Springs, FL 32;714-4268

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

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

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

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. [INTENTIONALLY OMITTED]

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13 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

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.

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14 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

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. Each counterpart shall be deemed to be a part of this Contract.

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15 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]

99 Agreement No.: 32500335
16 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD HONEYWELL INTERNATIONAL, INC.

 Luis Mc Arthur, Mayor1 Date Andrew Blate, Vice 2 Date ☐ Purchasing Agent President

Su Ping Lu, Secretary Date

ATTEST:

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

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

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17 EXHIBITS
Exhibit A: RESERVED
Exhibit B: Scope of Work
Exhibit C: Schedule of Compensation
Exhibit D: Form INS-A: Insurance Requirements

The corresponding exhibits and forms contained within follow. 101
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EXHIBIT A

RESERVED
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EXHIBIT B

CITY OF OXNARD

FIRE STATION ALTERTING SYSTEM
SPECIFICATION NO. FD 25-17

SCOPE OF WORK
Overview
The purpose of this Scope of Work (“SOW”) is to detail the tasks and responsibilities of Contractor related to the provision the Phoenix G2 Fire Station Alerting System (“System”) for City. Contractor shall supply the components and services as outlined in Contractor Quote CA_OXND013 attached hereto as Exhibit C, which shall include Station-Level products, licenses and services described therein and as shown on the Plans prepared by US Digital Designs by Honeywell titled Oxnard Fire Department, CA dated February 3, 2025 consisting of two (2) pages.

City Obligations
City shall take and perform all reasonable action necessary to facilitate Contractor’s performance of the SOW hereunder. Prior to the initial project meeting, Contractor shall provide City with certain project documentation that lists tasks to be performed by City to enable Contractor to configure the Communications Gateway and prepare for installation and implementation. In addition to the foregoing, City shall be responsible for procuring and/or providing the following for use with the System:
a. The procurement and/or provision of all computers, peripherals, and consumables (collectively “City Equipment”), including printer paper, toner and ink necessary for the installation, testing and functionality of the System.

b. Provide a CAD interface to the System on the existing or new CAD System. If this requires software installation or development for the City’s CAD system, the City must contact the CAD vendor and schedule this work. timely manner, or the System installation may be significantly delayed.

c. Provide the voice and data radio system, data network infrastructure, dispatch computers with current version web browser, and personnel skilled in City’s radio and data systems.

d. Contractor’s web-based user interface software is only supported on the most recent versions of Microsoft Edge, Google Chrome, and Mozilla Firefox web browsers.

e. Procure and install radio control station(s) or radio console(s), if necessary, and integrate with existing radio system. Radios or consoles must have PTT input, audio input, and COR output for full System functionality. Provide any third-party console software licenses as necessary;

f. Any configuration and regular maintenance that is normally undertaken by the user or operator as described in any operating manuals for the City Equipment, including the replacement of UPS batteries as necessary.
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g. Providing all reasonable security and bearing all risk of loss or damage to any Products delivered to, stored at, or installed on City’s property.

h. Providing a stable means of data transmission between the Communications Gateway and each Station Controller to be serviced by the System necessary for the installation, testing and functionality of the of the System; such means of data transmission may include, but is not limited to, TCP/IP, data modems, leased lines, radios, etc.

i. The correct use of the Products and System in accordance with the manufacturer and Contractor’s operating instructions; and

j. The security, accessibility, and integrity of the System, City Equipment, and installation site.

Remote Access to System
Contractor requires remote network access to the System, including access to City’s Communications Gateways, any Station Controllers that will be installed in City’s constituent fire department, and other Contractor-supplied equipment through Secure Shell (SSH) to perform implementation and support tasks under this contract. To enable this the City will provide Contractor support personnel VPN or similar remote network access to the System for Contractor support personnel (“City Support”) to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. Remote network access is also used to install core System software upgrades and customized software. Contractor will only access City’s System with the knowledge and consent of City.

a. Alternative to Network Access. If the City elects not to provide remote network access to the System, then Contractor may not be able to perform some support functions.

Municipalities that elect not to routinely provide network access may temporarily reinstate this access to allow Contractor to perform the above services. The following services will not be performed without this access:

 System software upgrades
 System software customization
 Network troubleshooting assistance including packet capture and network monitoring on Contractor devices
 Detailed log analysis
 Bulk updates to System database tables
 Troubleshooting that requires low-level system access or large file transfer

b. Timely Access. City must ensure that remote access is available prior to notifying Contractor of a support request. If the City is unable to provide remote access, Contractor will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply. c. Physical Security Tokens. Contractor has multiple software engineers that provide after- hours support, and these engineers do not typically take security tokens from the 104
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Contractor office. If the City requires the use of physical security tokens this may delay after hours service.

Project Deliverables
The deliverables provided under this SOW include station alerting hardware and software, software configuration, dispatch and station hardware installation, and user, administrator and maintenance training (schedule coordinated with City) as detailed on the Exhibit C

Hardware Deliverables
Contractor will provide the hardware as detailed on Exhibit C. Hardware delivery/shipment is intended to be a single shipment to a single receiving point. The City provided warehouse must be an environmentally controlled and secure storage area.

Software Deliverables
Contractor will provide standard embedded software for the operation of the station alerting system. This includes the software for the operation of the central Communications Gateway and GaRI radio system interfaces.

Modifications to Standard Products
Modifications will be made, if required, to Contractor’s standard products where necessary to provide the agreed upon functionality. Modifications will include VoiceAlert element order and repetition, and printer display elements.

Standard Interface Software
Contractor’s Communications Gateway will interface to City’s CAD system using the Contractor standard fire station alerting interface. The costs associated with CAD provider’s fees are not included. CAD Provider’s portion of the FSA interface is the responsibility of the City.

Station Layout and Design
Contractor will collaborate with City to plan and document the Products for each station, layout of Product in each station, and installation protocols for each individual installation site.

Training
a. Dispatch System Operation (half-day). The Dispatch System Operation class is intended to give dispatch center personnel the skills to use the alerting system through the CAD system, to operate the Manual Alerting client and to recognize system faults. The class will be hands-on using the system prior to go live.
b. Administration and Maintenance (half-day). The Administration and Maintenance class is intended to give technical service personnel the skills to perform system configuration, basic diagnostics and troubleshooting on the station alerting system. The class will be hands-on using the system prior to go live.
c. Installation Training (8 hours). The G2 certification will familiarize the installer with unique features if the System. Contractor will provide training and supervision to City 105
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or contractor’s personnel in the installation and configuration of the station equipment.

This training will include installation classroom training, sample installations by Contractor personnel, supervision for personnel during initial installations, and telephone follow-up as necessary.

Contractor Project Roles and Responsibility

Overview
Contractor will assign qualified personnel to implement the System for the Project. The project team will be located primarily at the Contractor headquarters in Tempe, Arizona, but will travel as necessary to the City’s location.

The following is a proposed list of Contractor project personnel roles for this project. The list of roles may change as necessary to accommodate new project requirements.

Contractor Project Manager
The Contractor project manager (“Project Manager”) will have the overall responsibility for ensuring the success of the Contractor portion of this project. The Project Manager will be the primary contact for project-related issues and will be responsible for issue resolution. The Project Manager will also develop an issue escalation plan in conjunction with the City’s System Administrator.

Software Engineer
The Contractor Software Engineer will be responsible for Contractor’s configuration of software required for the system, and for the resolution of any Contractor software issues identified during the project.

City Roles and Responsibilities

City’s staff must be familiar with the City’s existing systems and needs with respect to fire station alerting.

City must have subject matter experts available for consultation on the existing communications systems, both in the station and the communications center, and the current and proposed data networks.

Contractor will need to rely on the City’s personnel for direction on equipment location in the data center.

It is critical that personnel with both knowledge and authority be available for this direction.

City will also be required to provide any necessary third-party consultation and configuration work for systems outside the overall contract.

City Point of Contact
City shall assign a minimum of one and a maximum of three contact people to manage the installation and administration of the System (the “System Administrator”). City shall provide Contractor with written notice of such assignment prior to the Project Meeting (defined below). City may change the System Administrator only upon written notice to Contractor. The System Administrator shall have the principal responsibility of overseeing and managing this project on behalf of City and shall be the primary point of contact for City. The City may replace the person serving as its System Administrator only upon prior written notice to Contractor. City will ensure that the System Administrator is reasonably available to 106
Agreement No.: 32500335

Contractor and Contractor may rely on the direction of the System Administrator in performing its duties hereunder, including without limit, direction to provide additional services.

Project Implementation

Project Planning
Project planning will begin with the initial project meeting (“Project Meeting”). Contractor will participate in the Project Meeting (which could be web based depending on scheduling constraints). This meeting is important to developing the expectations of the City and establishing the specific equipment and services to be delivered by Contractor.

Contractor will work with the City and CAD provider to develop an implementation plan and schedule that meets the needs of the City and is completed within the overall timeframe of the project. The implementation plan will list all equipment to be delivered and will detail the delivery timeframe for this equipment as well as any work to be done by City prior to or after delivery and installation.

Contractor Designers will produce a custom rendering of each fire station system design based upon floor plans provided by City, and will include any information provided by City, such as architectural demands of the stations and station/City culture so that City’s personnel can most efficiently perform their duties.

Each station design will list a Bill of Materials including quantities and will be subject to City review and approval prior to any installation. Any changes thereafter will be marked on the Design and submitted for approval by City.

Any equipment, software development, installation or other work that is outside the scope of the equipment and services described in Exhibit C will be considered out of scope and may be subject to a formal change order. After the acceptance of the design, all changes in scope will be considered subject to a formal change order.

CAD Interface Customization
Contractor will provide its standard API for CAD System alerting interfacing and will customize this interface to operate with the current version of City’s CAD system FSA interface. Any associated FSA interface fees charged by City’s CAD provider are not included in Exhibit C.

Contractor will work with the City and CAD provider to develop an implementation plan and schedule that meets the needs of the City and is completed within the overall timeframe of the project. The implementation plan will list all equipment to be delivered and will detail the delivery timeframe for this equipment as well as any work to be done by City prior to or after delivery and installation.

Installation
US Digital Designs will install the Communications Gateway equipment in the data center or other communications equipment location near the CAD equipment. Contractor will also install the Gateway Audio Radio Interface (GARI) unit(s) and assist in the connection to City radio equipment. Contractor has arranged for a G2 Certified Installation Contractor to perform installation of Station-Level components. Regardless of the party responsible for providing installation, all Product must be installed 107
Agreement No.: 32500335

by a City approved, Contractor approved, and Contractor certified Phoenix G2 FSA installation contractor.

Contractor staff will perform final inspection and start-up each station.

System Functionality Demonstration
Contractor will demonstrate the functionality of the installed and configured system after system installation. This demonstration will preferably utilize the CAD system to allow end-to-end demonstration.

Acceptance Test Procedures
After all installation is complete and basic functionality has been demonstrated, City and Contractor will initiate the Acceptance Test Procedure (“ATP”). The ATP procedure will be jointly developed based on the intended functionality of the System as actually installed and carried out as described in the Section below entitled “System Acceptance.”

Training
US Digital Designs will provide training to City personnel on the operation, administration and maintenance of the System as priced in Exhibit C. The training will be provided in half-day class(es) as required. This training will be scheduled in conjunction with system testing and acceptance.

Project Controlling Process

Schedule Adherence
US Digital Designs will work with the System Administrator to track the progress of the project and will work diligently to ensure that the project remains on or ahead of schedule. The schedule may be adjusted to accommodate City’s activity.

Change Management Process
A change management plan shall be developed jointly by the City and Contractor to document procedures for additions, deletions and modifications to the scope of the project. This includes software feature development and delivery, and installation of additional equipment requested by the City.

Document Review
US Digital Designs will submit documentation developed under this project for approval prior to inclusion in the project documents as necessary. As-Built drawings of the Station Designs will be provided showing final installation of Product in stations

Project Closure

Overview
The project closure process ensures that all outstanding issues are resolved, provides feedback on the project successes and issues to the City and US Digital Designs, and transitions the City and System from a project to a support process.

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Completion of Punch List Items
US Digital Designs will work with the City to identify any outstanding items for resolution. A list will be made of any unresolved issues and a disposition will be created for each item.

System Acceptance
Within 60 calendar days of the date the entire System installation is substantially complete and basic functionality has been demonstrated to the System Administrator, Contractor and City shall jointly develop a written acceptance testing procedure (“ATP”) and perform a test of the System (“Acceptance Test”). The ATP shall be based on the System standards and criteria set forth in the Scope of Work and the final configuration of the System as actually installed. Failure of the City to participate in the development of the ATP and to jointly perform the Acceptance Test with Contractor in good faith shall constitute City’s irrevocable acceptance of the System. Upon successful completion of the Acceptance Test, City shall provide Contractor with a Certificate of Completion in a form acceptable to Contractor.

If City believes the Acceptance Test was unsuccessful, and if City has complied with all “City Obligations” (as defined below), City may within seven days of the date on which the Acceptance Test is complete, provide Contractor with written notice specifying the standards or criteria not met (“Failure Notice”). If within 30 calendar days of the Failure Notice, Contractor has not caused the System to meet the standards and criteria set forth in the Failure Notice, City may terminate this Contract for cause.

Failure of City to provide a timely Failure Notice shall constitute City’s irrevocable acceptance of the System.

Transition to Support
After a successful Acceptance Test and a short confirmation period, as mutually defined in the ATP process document, the City will be transitioned to support from the project team. The primary contact for the City may change. It is important for the City to continue to provide remote access to the System after the transition to support to allow US Digital Designs support personnel to perform remote diagnostics on the System.

Project Closure
After transition of the City to technical support, US Digital Designs will prepare a document detailing any outstanding issues, lessons learned and other pertinent information for the City and/or CAD provider.

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Agreement No.: 32500335

Exhibit C: Schedule of Compensation

Quote SUBMITTED TO:

OXNARD, CA

OXNARD FIRE DEPARTMENT

REF PROPOSAL
CA_OXND014 v1 STATION-LEVEL

OXNARD FS07 SYSTEM Based from USDD G2 Fire Station Alerting System Design Drawing USDD.CA_OXND.FS07FS08.FSA.2024.06.10

STATION SYSTEM LICENSES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25

SL2

Ea/Yr

USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each

G2-APP-DLI

$ 124.50

$ 112.05

NO CHARGE

STATION SYSTEM CONTROLLER
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT

SC1

Kit

USDD

1 G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.

ATX

$ 23,272.50

$ 20,945.25

$ 20,945.25

SC2

Kit

USDD 1
G2 EXPANSION KIT - Allows ability to
Power/Signal/Control up to 12 more peripheral
Remote options per EXP.

EXP

$ 7,838.00

$ 7,054.20

$ 7,054.20

SC3a Kit USDD 2 Rack Mount Ears for ATX or EXP ATX-E $ 74.00 $ 66.60 $ 133.20 SC4a Ea TBD 2 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 1,778.40 SC4b Ea TBD 2 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 135.00

STATION SYSTEM PERIPHERAL COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP1a Ea TBD 1 Audio Amplifier, External, Standard AMP $ 1,135.50 $ 1,021.95 $ 1,021.95 SP1b Ea TBD 1 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 91.20 $ 82.08 $ 82.08 SP2a Ea USDD 1 G2 COLOR INDICATOR REMOTE CIR $ 949.00 $ 854.10 $ 854.10 SP2b Ea USDD 1 COLOR INDICATOR REMOTE BACK BOX CIR-SMB $ 165.50 $ 148.95 $ 148.95 SP5 Ea USDD 1 Push Button, Standard (Black) PB-B $ 126.50 $ 113.85 $ 113.85 SP6 Ea USDD 1 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 113.85 SP7 Ea USDD 2 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 2,745.00 SP8b Ea

USDD 8 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 9,072.00

SP9b

Ea

USDD 3
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)

MS-AP-D

$ 75.00

$ 67.50

$ 202.50

SP9d Ea TBD 3 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 1,053.00 SP10a Ea USDD 8 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 15,602.40 SP11a Ea USDD 37 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 12,454.20
SP12a Ea USDD 2 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 1,890.00 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 110
Agreement No.: 32500335

STATION SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: E1 Audiovisual
Technologies ST-INST $ 66,069.04 $ 59,462.14 $ 59,462.14 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 2,395.17 $ 2,155.65 $ 2,155.65 SS4 Ea USDD 1 Station Project Management ST-PM $ 2,053.00 $ 1,847.70 $ 1,847.70 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 410.60 $ 369.54 $ 369.54 SS6 Ea USDD 1 Station Documentation ST-DM $ 59.88 $ 53.89 $ 53.89

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT

SW1

YR

USDD

1.0 [STANDARD] 1st YEAR WARRANTY & SUPPORT
FOR THIS STATION SYSTEM (or component):

Telephone / Remote Access Support (8:00 AM -
5:00 PM MST)

RS-1YR-STD

$ 8,554.17

$ 7,698.75

NO CHARGE

OXNARD FS07 SYSTEM System: $ 140,876.45
Shipping: $ 1,851.00
Warranty & Support: $ -
Estimated Taxes: $ 7,121.35
STATION SUBTOTAL: $ 149,848.80
111
Agreement No.: 32500335

Quote SUBMITTED TO:

OXNARD, CA

OXNARD FIRE DEPARTMENT

REF PROPOSAL
CA_OXND014 v1 STATION-LEVEL

OXNARD FS08 SYSTEM
Based from USDD G2 Fire Station Alerting System Design Drawing USDD.CA_OXND.FS07FS08.FSA.2024.06.10

STATION SYSTEM LICENSES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25

SL2

Ea/Yr

USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each

G2-APP-DLI

$ 124.50

$ 112.05

NO CHARGE

STATION SYSTEM CONTROLLER
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT

SC1

Kit

USDD

1 G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote Options. 4 Unique Amps/Zones available.

ATX

$ 23,272.50

$ 20,945.25

$ 20,945.25

SC2

Kit

USDD 1
G2 EXPANSION KIT - Allows ability to Power/Signal/Control up to 12 more peripheral Remote options per EXP.

EXP

$ 7,838.00

$ 7,054.20

$ 7,054.20

SC3a Kit USDD 2 Rack Mount Ears for ATX or EXP ATX-E $ 74.00 $ 66.60 $ 133.20 SC4a Ea TBD 2 ATX UPS, Standard UPS-STD $ 988.00 $ 889.20 $ 1,778.40 SC4b Ea TBD 2 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ 135.00

STATION SYSTEM PERIPHERAL COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP2 Ea USDD 4 G2 COLOR INDICATOR REMOTE CIR $ 949.00 $ 854.10 $ 3,416.40 SP2b Ea USDD 4 COLOR INDICATOR REMOTE BACK BOX CIR-SMB $ 165.50 $ 148.95 $ 595.80 SP5 Ea USDD 1 Push Button, Standard (Black) PB-B $ 126.50 $ 113.85 $ 113.85 SP6 Ea USDD 1 Push Button, Emergency (Red) PB-R $ 126.50 $ 113.85 $ 113.85 SP7 Ea USDD 2 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 2,745.00

SP8b

Ea

USDD 10 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width

MS-G-S

$ 1,260.00

$ 1,134.00

$ 11,340.00

SP9b

Ea

USDD 4
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)

MS-AP-D

$ 75.00

$ 67.50

$ 270.00

SP9d Ea TBD 4 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 1,404.00 SP10a Ea USDD 12 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ 23,403.60 SP11a Ea

USDD 48 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 16,156.80

112
Agreement No.: 32500335

SP12a Ea USDD 2 G2 SPEAKER - OmniAlertStrobe SPK-OAS $ 1,050.00 $ 945.00 $ 1,890.00 SP14 Ea

USDD 3 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 1,009.13

SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35

STATION SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation by: E1 Audiovisual
Technologies ST-INST $ 66,069.04 $ 59,462.14 $ 59,462.14 SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 2,509.12 $ 2,258.21 $ 2,258.21 SS4 Ea USDD 1 Station Project Management ST-PM $ 1,254.56 $ 1,129.10 $ 1,129.10 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 439.10 $ 395.19 $ 395.19 SS6 Ea USDD 1 Station Documentation ST-DM $ 60.64 $ 54.57 $ 54.57

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT

SW1

YR

USDD

1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST)

RS-1YR-STD

$ 10,454.68

$ 9,409.21

NO CHARGE

OXNARD FS08 SYSTEM System: $ 157,391.29
Shipping: $ 2,320.00
Warranty & Support: $ -
Estimated Taxes: $ 9,644.44
STATION SUBTOTAL: $ 169,355.73
113
Agreement No.: 32500335

Quote SUBMITTED TO:

OXNARD, CA

OXNARD FIRE DEPARTMENT

REF PROPOSAL
CA_OXND014 v1 Section Totals

SECTION TOTALS
[UNLESS OTHERWISE NOTED, ALL PRICES ARE $US]

STATION-LEVEL SUBTOTAL 319,204.52
Includes: OXNARD FS07 SYSTEM SYSTEM: 142,727.45
OXNARD FS07 SYSTEM WARRANTY & SUPPORT: -
OXNARD FS07 SYSTEM ESTIMATED TAX: 7,121.35
Includes: OXNARD FS08 SYSTEM SYSTEM: 159,711.29
OXNARD FS08 SYSTEM WARRANTY & SUPPORT: -
OXNARD FS08 SYSTEM ESTIMATED TAX: 9,644.44
Notes: Two (2) Station Systems currently included in this proposal with installation by E1 Audiovisual Technologies

Total: $ 319,204.52

A. The above schedule of compensation includes cost of materials, demolition, removal of current alerting system, software, support, warranty, installation, construction and labor rates (journeyman and/or apprentice).

B. Change Orders. Any deviation from the amounts as set forth in the above schedule of compensation must be prepared in writing by Contractor as a Change Order Request, which shall include the reason for the change in work, the change in the amount of compensation due, and supporting documentation. The Change Order Request is subject to City Approval. If a Change Order Request is approved, the City will issue a Change Order and the Contractor may proceed with the requested change. Contractor shall submit an updated invoice in accordance with Section 5 of the Contract for all approved Change Orders. 114
Agreement No.: 32500335

EXHIBIT D
FORM INS-A: INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. 2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. 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. Consultant 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, 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. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. The insurer shall declare any deductibles or self-insured retentions to and be 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 3/25

115

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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

Endorsement Forms

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

INS-A.doc

116

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

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

CO LTR TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE DATE (MM/DD/YY)

POLICY EXPIRATION DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY

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

A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $

AGGREGATE $
A

WORKERS'

COMPENSATION AND EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE

Rev. 3/25 INS-A.doc

117

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

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

Insurance Company:

Policy No.:

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

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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.

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

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

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

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.

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

Rev. 3/25 INS-A.doc
118
Exhibit INS-A

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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.

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

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

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

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.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
c. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or d. 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
Rev. 3/25 INS-A.doc

119

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1

DATE: April 1, 2025

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Resolution Acknowledging Receipt of the Fire Chief’s Report on State-Mandated Fire Inspections. (15 minutes)

RECOMMENDATION

That the City Council adopt a resolution acknowledging receipt of the report prepared by the Oxnard Fire Department’s Fire Chief regarding State-mandated inspections of specified occupancies, as required by Sections 13146.2 and 13146.3 of the California Health and Safety Code.

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/VSUet5Hut-g

BACKGROUND

California Health and Safety Code Sections 13146.2 and 13146.3 require fire departments to conduct annual fire inspections for specific occupancy types, including public and private schools, hotels, motels, lodging houses, apartment buildings, and residential care facilities. Section 13146.4 further mandates that the administering authority, such as the City Council, formally acknowledge receipt of the compliance report through a resolution.

The importance of these inspections was underscored by the 2016 "Ghost Ship" warehouse fire in Oakland, which resulted in 36 fatalities. This tragedy highlighted gaps in reporting and accountability for fire inspections. Investigations into this tragic incident revealed that although the State required annual inspections for various occupancies, the inspection reports were not required to be reported to any governing body. In response, Senate Bill 1205 (SB 1205), signed into law on September 27, 2018, requires fire departments to submit annual inspection reports for acknowledgment by their governing bodies.

DISCUSSION

The attached resolution and its adoption will serve as a formal document to fulfill the annual fire inspection reporting requirements pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. According to this law, annual fire and life safety inspections and reporting must be conducted on two groups of occupancies: Educational Group E and Residential Group R. Educational Group E occupancies consist of public and private schools used by more than six persons at one time for educational purposes through the 12th grade. Furthermore, Residential Group R occupancies encompass those containing sleeping units such as hotels, motels, lodging homes, and apartments (three units or more), including residential care facilities.

In accordance with these requirements, the Oxnard Fire Department has completed fire and life safety inspections for the 2024 reporting period. The results are as follows:
120
• Educational Group E Occupancies:
• Total inspected: 63 buildings
• Compliance rate: 100%
• Residential Group R Occupancies:
• Total inspected: 646 buildings
• Compliance rate: 38%

The City Council’s acknowledgment of this report ensures transparency and compliance with state law. Copies of individual inspection reports are available to the public upon request.

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

There is no financial impact.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 11, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief, Fara Ravan, Administrative Services Support Supervisor

ATTACHMENTS

1. SB 1205 Resolution

2. Presentation

121

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. __________

A RESOLUTION ACKNOWLEDGING RECEIPT OF THE OXNARD FIRE
DEPARTMENT’S INSPECTION REPORT UNDER CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2 AND 13146.3
WHEREAS, on September 27, 2018, the Governor approved Senate Bill 1205 (hereinafter referred to as the "Bill"), which added Section 13146.4 to the California Health and Safety Code; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Oxnard Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, or certain residential care facility for compliance with building standards; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Oxnard Fire Department, that provide fire protection services to report annually to its administering authority on compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Oxnard intends by adoption of this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Oxnard Fire Department’s inspection report for the calendar year 2024; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Oxnard expressly acknowledges receipt of the Oxnard Fire Department’s compliance report with California Health & Safety Code Sections 13146.2 and 13146.3 within the jurisdiction of the City, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools used by more than six persons at any one time for educational purposes through the 12th grade. Within the City are 63 Group E occupancies, buildings, structures, and/or facilities. During the calendar year 2024, the Oxnard Fire Department completed the annual inspection of all 63 Group E occupancies, buildings, structures, and/or facilities, achieving a compliance rate of 100% for this reporting period.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units and include hotels, motels, apartments (three units or more), etc., as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non- ambulatory or bedridden. Within the City, there are 646 Group R (and their associated sub- 122
Resolution No.

categories) occupancies of this nature. During the calendar year of 2024, the Oxnard Fire Department completed the annual inspections of 238 Group R occupancies, buildings, structures, and/or facilities, achieving a compliance rate of 38% for this reporting period.

SECTION 2. The City Clerk shall certify the adoption of this Resolution.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Luis A. McArthur
Mayor
ATTEST:
_____________________________
Lourdes A. López
City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer
City Attorney
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2

DATE: April 1, 2025

TO: City Council

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

SUBJECT: Public Project Agreement 32500449 with Onyx Paving Company, Inc. for Citywide Neighborhood Street Resurfacing Project- Phase I, Specification No. PW 24-135, in the Cabrillo, Sea Air, El Rio West, Rose Park, Pleasant Valley, and Southwinds Neighborhoods. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $7,207,209.50 in Project funds for the Citywide Neighborhood Street Resurfacing Project Phase I, Specification No. PW 24-135;

2. The Mayor to Execute an Agreement with Onyx Paving Company, Inc. in the amount of $6,006,007.50 for the Project and approve a Project contingency amount of $600,601.00 (~10%) with Onyx Paving Company, Inc. for a total not to exceed value of $6,606,608.50 for the Project;

3. A Project allocation amount of $600,601.00 (~10%) for engineering, inspection, survey and project management for the Project;

4. A total amount of budget appropriations of $215,946 consisting of $127,968 from the Water Operating Fund (601), $87,978 from the Wastewater Operating Fund (611)available fund balances, as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts for this Project (C2209); and

5. An unappropriation of $158,998 from the Road Maintenance and Rehabilitation Account (RMRA) Fund (185), as well as the corresponding Capital Outlay Fund (301) appropriation decrease in the same amount for this Project (C2209).

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/bV5jw1tZn0U

BACKGROUND

The Citywide Neighborhood Street Resurfacing Project, Phase I is part of the ongoing Capital Improvement Program (CIP) project, with the goal of addressing Oxnard’s residential road paving needs. It is consistent with the five-phased plan of the Oxnard Citywide Pavement Management Program (PMP) that the City Council approved on April 2, 2024. This present project includes selected streets in the Cabrillo, Sea Air, El Rio West, Rose Park, Pleasant Valley, and Southwinds neighborhoods. The average Pavement Condition Index (PCI) for these neighborhoods is 30-40, indicating that the majority of the streets within these areas have reached a point in their lifecycles such that corrective work is required. Mill-and-overlay asphalt paving will be used for this heavier corrective work, while pavement preservation methods in the form of slurry seals will be applied to road segments that are not as deteriorated. Consistent with the reasoning provided in the PMP presentation staff gave to the City Council on April 2, 2024, approximately 23% of the work is pavement preservation.

Capital Improvement Program (CIP) Reference:
142

Project No. C2209 – Neighborhood Street Resurfacing - CIP 2025-2029 - Adopted June 4, 2024– Page 114.

DISCUSSION

A Notice Inviting Formal Bids (NIFB) for this project was published on January 9, 2025, in a local newspaper (Vida), in addition to multiple online platforms and bid boards. Also, the NIFB was distributed directly to 30 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were opened on February 11, 2025, and the City received the following:

Onyx Paving Company, Inc.: $6,006,007.50
Toro Enterprises Inc.: $6,128,564.60
Granite Construction Company: $8,218,495.05
C.A. Rasmussen, Inc.: $10,752,944.70

The lowest bidder was Onyx Paving Company, Inc. (Onyx Paving) and, after review, its bid was found responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Onyx Paving and its subcontractors. Staff verified the contractor’s possession of required valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for any reported safety violations, and verified the company’s current registration with the California Department of Industrial Relations (DIR). Based upon this research, staff believes that the contractor is compliant with City business requirements, and is capable of completing the project in a satisfactory manner. Staff recommends that the City Council award a contract for this project to Onyx Paving Company, Inc.

The base bid of the project generally includes work items to remove the deteriorated roadway and install new asphalt, including related activities such as pavement striping and concrete, and ADA-compliant curb ramps. Additionally, the bid schedule requested pricing for possible additive items. These are for work that, at the time of advertising, is considered desirable but optional, and contingent on the base bid pricing received. For this project, there were a total of two additive items that expand the amount of roadways to be treated with slurry seals. The lowest bidder’s unit price for slurry seal was reasonable based upon recent bids received for similar work and allows for the expansion of an additional 21% of centerline miles. Because of the favorable bid received, staff recommends the City Council award a contract to include the base bid plus the additive items.

In addition to the project award amount of $6,006,007.50, Staff recommends authorizing $600,601.00 for project contingency work (~10% of the contract costs) and $600,601.00 for the cost of engineering services and City staff support (~10% of the contract cost). Engineering services include the following activities required during construction: engineering support, inspection, survey work, and project management.

The work is tentatively scheduled to begin in May of 2025 and continue into November 2025 (120 working days), absent any delays associated with supply chain issues, unforeseen site conditions, or weather. Staff will work closely with the Cabrillo, Sea Air, El Rio West, Rose Park, Pleasant Valley, and Southwinds Neighborhood Councils, if active, to keep them informed of the work schedule, and will also interact closely with residents that are directly affected by the project to keep them informed of the project’s schedule and progress. General project information will be disseminated to help keep the public informed as well.

It should be noted that, originally, the next neighborhood paving project phased to begin was La Colonia Phase III.

However, due to right-of-way (ROW) disagreements with seven property owners, the project has been delayed. Public Works staff is confident that the City’s rights-of-way are clearly defined, and that these properties have fences clearly encroaching onto City ROW. However, staff will continue to work with these owners, with the goal of resolving these outstanding issues so the La Colonia III paving project can progress. In the meantime, instead of holding up all neighborhood paving projects pending resolution of these ROW issues, staff has moved forward with the next phase of neighborhood paving locations, which is the present project.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $7,207,209.50 which includes the construction agreement, contingency and project allocation. The Neighborhood Street Resurfacing (Project C2209) is funded by the General Fund (101), Measure O (104), Street Maintenance Fund (105) , Road Maintenance and Rehabilitation Account (RMRA) Fund (185), and State Grant Fund (210). There is currently an available project budget allocation of approximately $11.1M among all respective funds. Additionally, budget appropriations of $127,968 from the Water Operating Fund (601) and $87,978 from the Wastewater Operating Fund (611) are requested to cover the cost of moving their respective utilities during this project.

Appropriations from the Water and Wastewater fund are being requested to cover the costs associated with relocating their respective utility service infrastructure, including water valve covers and sewer maintenance hole covers.

Additionally, staff is recommending a decrease in appropriations from the RMRA Fund (185) in this Project to offset the grant award from CalRecycle by $158,998 for use in this Project. On September 21, 2021, the Council approved a State grant application for the CalRecycle Rubberized Pavement Program to be used for street projects. Since then, the City has been awarded $249,998 from CalRecyle, which is to offset appropriated funding for street projects (arterials and neighborhoods). Therefore, the pro rata amount of $158,998 will be unappropriated from the RMRA Fund (185) for this project and will be offset by the same amount from the CalRecycle award.

There is a possibility for the use of Tax Allocation Bonds Proceeds (TAB) Southwinds funding for this project since part of the project is within the Southwinds project area. As such, a future staff report may be presented to the Council for consideration.

This project will have no new cost impacts on the Streets Maintenance Division operating budget. Once completed, the project is expected to reduce the number of pothole repairs in these areas, allowing the Streets team to address other pothole repairs and deferred maintenance items.

FUNDING SOURCE AVAILABLE

PROJECT BUDGET

PROPOSED

APPROPRIATIONS

NEW AVAILABLE

PROJECT BUDGET
General Fund (101) $1,661,000 $0 $1,661,000
Measure O (104) $7,189,000 $0 $7,189,000
Street Maintenance
Fund (105)
$102,000 $0 $102,000
RMRA Fund (185) $2,000,000 -$158,998 $1,841,002
State Grant Fund
(210)
$158,998 $0 $158,998
Water Operating Fund
(601)
$0 $127,968 $127,968
Wastewater Operating
Fund (611)
$0 $87,978 $87,978
TOTAL $11,110,998 $56,948 $11,167,946

COMMITTEE OUTCOME

144
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32500449 - Onyx Paving PW 24-135 Citywide Neighborhood

2. September 21, 2021 Council Agenda Report

3. Presentation

145
Agreement No. 32500449
1 CONSTRUCTION CONTRACT FOR
CITYWIDE NEIGHBORHOOD STREET RESURFACING PROJECT – PHASE I SPECIFICATION NO. PW 24-135

BY AND BETWEEN

THE CITY OF OXNARD

AND ONYX PAVING COMPANY, 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 ONYX PAVING COMPANY, INC. (“Contractor”). Contractor’s license number is 630360. 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 NEIGHBORHOOD STREET RESURFACING PROJECT – PHASE I as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 24-135 (the “Project”); and

WHEREAS, on January 9, 2025, 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.

146
Agreement No. 32500449
2 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:

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

2. Change Orders issued and approved by the City;

3. Regulatory Permits from other agencies or as may otherwise be required by law;

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Plans

7. Special Provisions

8. General Provisions

9. City Standard Plans, including Appendices

10. SSP

11. Green Book

12. Reference Specifications

13. Bid Forms and attachment thereto;

14. Performance Bond;

15. 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 147
Agreement No. 32500449
3 materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

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

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

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

4. LICENSES REQUIRED

A. The Contractor shall possess a valid Class A 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 six million, six thousand seven dollars and fifty cents, ($6,006,007.50) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

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

6. CONTRACT TIME; NOTICE TO PROCEED; TERM

A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of one hundred twenty (120) 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 148
Agreement No. 32500449
4 payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

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

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

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

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

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

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

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

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

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government 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.
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5 2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party.

If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

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

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

8. TERMINATION OF AGREEMENT FOR CONVENIENCE

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

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

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

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

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

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

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

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

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

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, 150
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6 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 perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;

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

3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;

C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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9 11. LIQUIDATED DAMAGES

If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of three thousand, three hundred and fifty dollars ($3,350.00) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

12. COMPLIANCE WITH LAWS

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

13. WORKERS’ COMPENSATION CERTIFICATION

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

14. INSURANCE

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

15. [RESERVED]

16. TIME OF THE ESSENCE

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

17. INDEMNIFICATION

A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or 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:
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10 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 Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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

18. THIRD PARTY CLAIMS

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

The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the 155
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11 Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.

19. CONFLICTS OF INTEREST

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

20. REPORTS; BOOKS AND RECORDS; AUDIT

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

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

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

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

21. NONDISCRIMINATORY EMPLOYMENT

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

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

22. MODIFICATIONS AND AMENDMENTS

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12 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 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
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: Onyx Paving Company, Inc.
2890 E. La Cresta Avenue
Anaheim, CA 92806

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

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13 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 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.

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14 32. SUCCESSORS, HEIRS, AND ASSIGNS

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

33. GENDER; PLURAL

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

34. SEVERABILITY

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

35. GOVERNING LAW

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

36. CUMULATIVE REMEDIES

Except with respect to rights and remedies 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.

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15 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

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. Each counterpart shall be deemed to be a part of this Contract.

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

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

44. ATTORNEY'S FEES

If either Party commences an action against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

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

CITY OF OXNARD ONYX PAVING COMPANY, INC.

 Luis Mc Arthur, Mayor1 Date Corey Kirschner, CEO 2 Date ☐ Purchasing Agent

Jay Kirschner, Secretary Date
ATTEST:

Lourdes A. López, City Date
Clerk (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. 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. 161
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17 EXHIBITS

Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-G Insurance Requirements.

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

Exhibit D: [RESERVED]
Exhibit E: [RESERVED]
Exhibit F: [RESERVED]
Bonds

The corresponding exhibits and forms contained within follow.

162
Exhibit A
163
164
*
*
165
*
* Corrections to mathematical calculations submitted.

Contract award amount is $6,006,007.50 which is the total of corrected Base Amount $5,878,115.34 plus Additive items $127,892.16 166
Agreement No. 32500449
19 EXHIBIT B

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

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. 2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected] 3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

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Agreement No. 32500449
20 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City=s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation. Endorsement Forms Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached. INS-G.doc 168
Exhibit INS-G