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 May 6, 2025
Closed Session - 4:30 PM
Appointment Items - 5:15 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: 846 5327 3481
3. Passcode: 287607
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 INPERSON 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/citymeetings. *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.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 2
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
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 internetbased 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 (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Crystal Walker v. City of Oxnard
Ventura Superior Court Case No. 2023CUOE17130
Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Kenneth York v. City of Oxnard
Workers' Compensation Case No. ADJ13504345
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:15 PM)
1. Housing Department
SUBJECT: Downtown Oxnard Improvement Association Annual Report. (15 minutes) RECOMMENDATION: That the City Council receive and file the Fiscal Year 2023-24 Annual Report on the Oxnard Downtown Management District.
(This item did not originate in Committee)
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 3
(Presentation will be live upon Downtown Oxnard Improvement Association request) Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
2. Cultural & Community Services Department
SUBJECT: Senior Services Commission Annual Report.
RECOMMENDATION: That City Council receives the Senior Services Commission annual report.
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of May 2025 as "Older Americans Month."
2. SUBJECT: Presentation of a Proclamation Designating May 2025 as "Asian American and Pacific Islander Heritage Month."
G. 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.
H. 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.
I. 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) (5 minutes)
RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Jose Cano to the Cultural Arts Commission representing District 4. 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 4
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/YG-QIj2VzZE
Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805
J. 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.
K. 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.
L. INFORMATION/CONSENT AGENDA
1. City Manager Department
SUBJECT: Update on Status and Accomplishments of Current Measure O Projects.
RECOMMENDATION: That the City Council receive and file this report. (The Measure O Citizen Oversight Committee heard this update at its April 24, 2025 meeting).
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
2. Finance Department
SUBJECT: Monthly Investment Report for the period ending March 31, 2025.
RECOMMENDATION: This is an information item for the City Council to receive and file. (This item did not originate in Committee)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
3. Finance Department
SUBJECT: Establishing a Section 115 Trusts for OPEB and Pension Liabilities.
RECOMMENDATION: That the City Council:
1. Adopt a resolution establishing a Section 115 Trust for OPEB and Pension liabilities; and
2. Authorize the City Manager to execute agreements with the Trust Administrator, Custodian, and Trustee to create a 115 Trust accounts for the funding of future OPEB and Pension liabilities. (The Finance and Governance Committee approved 3-0 on April 22, 2025) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
4. Finance Department
SUBJECT: Third Amendment with Paymentus for Credit Card Merchant Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Third Amendment to the agreement with Paymentus (9046-20-CT), for credit card merchant services, extending the term of agreement to December 31, 2027, and increasing the contract amount by $702,000 for a not-to-exceed contract amount of $1,783,720. 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 5
(The Finance and Governance Committee approved 3-0 on April 22, 2025) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
5. Finance Department
SUBJECT: Agreement with Tyler Technologies, Inc. for Credit Card Merchant Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a fiveyear agreement with Tyler Technologies, Inc. (A-8584) for credit card merchant services. (The Finance and Governance Committee approved 3-0 on April 22, 2025) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
6. Public Works Department
SUBJECT: Agreement 32500458 with Carollo Engineers, Inc. for a Biosolids Master Plan.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Carollo Engineers, Inc. for an initial term of one year from May 6, 2025, to May 5, 2026, with the option for a one-year period extension ending May 5, 2027, for a total contract amount not to exceed $423,422 for the development of a Biosolids Master Plan for the Wastewater Division.
(Public Works and Transportation Committee approved 3-0 on April 8, 2025) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. PUBLIC HEARINGS
1. Housing Department
SUBJECT: 2025-2029 Ventura County Regional Consolidated Plan, 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice, and the 2025-2026 Annual Action Plan. (10 minutes)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing to receive comments regarding the 2025-2029 Ventura County Regional Consolidated Plan, the 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice, and the 2025-2026 Annual Action Plan to be submitted to the U.S. Department of Housing and Urban Development, Office of Community Planning and Development;
2. Approve the 2025-2029 Ventura County Regional Consolidated Plan and the 2025-2029 Ventura County Regional Analysis of Impediments to Fair Housing Choice;
3. Authorize the City Manager, or his designees, to incorporate any recommended changes resulting from public input to the Ventura County Regional Consolidated Plan, the Ventura County Regional Analysis of Impediments to Fair Housing Choice, and 2025-2026 Annual Action Plan;
4. Approve the 2025-2026 Annual Action Plan and incorporate the final HUD allocations into the Plan and authorize the budget appropriations to fund the administration and activities in the Plan;
5. Authorize the City Manager, or his designees, to make any budgetary adjustments within ten percent, or $200,000, whichever is greater – per the Citizen Participation Plan of the proposed budget in the 2025-2026 Annual Action Plan that is approved by City Council; and
6. Authorize the City Manager, or his designees, to execute HUD agreements and sign all 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 6
agreements for the implementation of the Ventura County Regional Consolidated Plan, Ventura County Regional Analysis of Impediments to Fair Housing Choice, and Annual Action Plan including subrecipient, interdepartmental, and intradepartmental agreements. (The Community Services, Public Safety, Housing & Development Committee approved 3-0 on April 8, 2025.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ClHcikKEsR0
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
2. Community Development Department
SUBJECT: Appeal of the Planning Commission’s decision to uphold the Director's decision to approve The Pointe Apartments project at 2801 N. Oxnard Blvd. (50 minutes).
RECOMMENDATION: That the City Council:
1. Find the Project to be consistent with Final Environmental Impact Report (FEIR No. 00-03) and subsequent addendums prepared for the RiverPark Specific Plan and therefore exempt from further environmental review pursuant to Sections 15162 through 15164 and 15183 of the CEQA Guidelines; and
2. Adopt a resolution denying the Appeal and upholding the Planning Commission’s decision to uphold the Community Development Director’s approval of Planning and Zoning Permit No. 23-200-01 (Development Design Review Permit), subject to certain findings and conditions.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Br0HmOn8XqE
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
N. REPORTS
1. Finance Department
SUBJECT: 2024 Single Audit Report. (40)
RECOMMENDATION: That City Council receive the 2024 Single Audit Report from the audit firm Eadie + Payne and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.
(The Finance and Governance Committee approved 3-0 on April 22, 2025) (Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
2. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (CAP) for Closing Past Audit Findings.(10 minutes)
RECOMMENDATION: That the City Council receive an update on the Financial Corrective Action 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 7
Plan (FCAP) for closing past audit findings.
(The Finance and Governance Committee approved 3-0 on April 22, 2025) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6-oCm0l3P5A
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
3. Public Works Department
SUBJECT: Three General Service Agreements with GreenCoast Landscapes Inc. for Landscape Maintenance Services for Citywide Street and Median Landscapes. (10 minutes) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements with GreenCoast Landscapes Inc. for an initial term of three years each from July 1, 2025, to June 30, 2028, with an option for two consecutive one-year extensions ending June 30, 2030, for landscape maintenance services in Citywide Street and Median Landscapes:
1. Agreement 32500412 for a total amount not to exceed $3,819,000;
2. Agreement 32500413 for a total amount not to exceed $4,294,000; and
3. Agreement 32500414 for a total amount not to exceed $3,527,000. (Public Works and Transportation Committee approved 3-0 on April 8, 2025) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/40X1FVZpjMk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
4. Public Works Department
SUBJECT: Four Service Agreements with GreenCoast Landscapes Inc. for Landscape Maintenance Services for Citywide General Fund Parks. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements with GreenCoast Landscapes Inc. for an initial term of three years each from July 1, 2025, to June 30, 2028, with an option for two consecutive one-year period extensions ending June 30, 2030, for landscape maintenance services in City General Fund Parks:
Agreement 32500408 for a total amount not to exceed $913,000; Agreement 32500409 for a total amount not to exceed $822,000; Agreement 32500410 for a total amount not to exceed $1,827,000; and Agreement 32500411 for a total amount not to exceed $1,008,000. (Public Works and Transportation Committee approved 3-0 on April 8, 2025) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mWyn_704h6Y
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 8
5. Public Works Department
SUBJECT: Fiscal Year 2025-26 Utility Ratepayers Assistance Program (Project Assist) Update. (15 minutes)
RECOMMENDATION: That the City Council:
1. Adopt a resolution for the Utility Ratepayers Assistance Program (Project Assist) for Fiscal Year 2025-26 to assist eligible Oxnard residents and authorize staff to grant financial relief equal to a monthly $25.00 maximum credit per utility bill charged to residential customers who meet the eligibility requirements discussed in this staff report up to the amount funded for Fiscal Year 2025-26; and
2. Authorize staff to fund Project Assist in Fiscal Year 2025-26 by utilizing $270,000 that has been paid to the City for current and prior year late penalties from City utility customers. (Public Works and Transportation Committee approved 3-0 on April 8, 2025) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ggPDAKvwclw
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6. Public Works Department
SUBJECT: Applications to the 2025 Southern California Association of Governments (SCAG) Call for Project Nominations for Surface Transportation Block Grant (STBG) program and Congestion Mitigation and Air Quality (CMAQ) Program Grant Funds. (10 minutes) RECOMMENDATION: That the City Council approve and authorize the:
1. Submission of four grant applications for Surface Transportation Block Grant (STBG) program and Congestion Mitigation and Air Quality (CMAQ) Improvement Program in various amounts, with an 11.47% match requirement;
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 capital improvement projects 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/5lDLAyXNImk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Public Works Department
SUBJECT: Third Amendment to Professional Services Agreement A-8491 with Tetra Tech, Inc. for Professional Engineering Services for the Kamala and Hobson Cast Iron Pipe Replacement Project. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 6, 2025 PAGE 9
Amendment to an Agreement with Tetra Tech, Inc. (Tetra Tech) to increase the not-to-exceed amount from $947,000 to $1,051,500 and extend the term through December 31, 2026, for the additional design work required for the Kamala and Hobson Cast Iron Pipe Replacement 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.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/QjvsjvLrHQE
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
8. Public Works Department
SUBJECT: Golf Management Agreement 32600001. (10 minutes) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Golf Management Agreement with American Golf Corporation for a five-year term ending on June 30, 2030, with an option of a single five-year extension ending on June 30, 2035. (This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on December 17, 2024)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ZeNgk62v1Fg
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
O. ADJOURNMENT
9 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:15 PM)
AGENDA ITEM NO. D.1
DATE: May 6, 2025
TO: City Council
FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected] SUBJECT: Downtown Oxnard Improvement Association Annual Report. (15 minutes)
RECOMMENDATION
That the City Council receive and file the Fiscal Year 2023-24 Annual Report on the Oxnard Downtown Management District.
(This item did not originate in Committee)
(Presentation will be live upon Downtown Oxnard Improvement Association request)
BACKGROUND
In May 2001, the City Council of the City of Oxnard established the downtown property-based business improvement district named the Oxnard Downtown Management District (District). Owners of real property within the district boundaries are assessed based on the size of their parcel, building square footage, and sidewalk frontage. The district encompasses thirty-two city blocks in downtown Oxnard. The district has been renewed five times, most recently in July 2024, and is currently authorized until December 2029.
In 2019, the organization that administers the funds collected from these assessments began the transition to become a 501(c)(3) public benefit nonprofit corporation, governed by elected volunteer officers and board of directors incorporated as the Downtown Oxnard Improvement Association.
On June 1, 2021, the City of Oxnard entered into a Management and Disbursement Agreement ("Agreement") with the Downtown Oxnard Improvement Association (DOIA). The City of Oxnard serves as the pass-through agency to collect the assessments, holds a seat on the Board of Directors, and works closely with DOIA to enhance and revitalize the Oxnard downtown.
On July 2, 2024, a five-year Management District Plan was adopted concurrently with the 5-year renewal of the business improvement district and allocated the budget among four program areas. The renewal and expanded area were approved with an 88% yes vote from the property owners. While day-to-day operations are completed by the DOIA staff, the volunteer board of directors provide guidance and oversight.
This year's annual update highlights the accomplishments of the District’s 2023-2024 Fiscal Year that ran from December 1, 2023 through November 30, 2024.
The 2023-2024 Fiscal Year operated under the direction of a board of directors composed of a variety of stakeholders including property owners, developers, non-profits, and interested community members. This larger board facilitated a four-committee structure to achieve tangible objectives.
The current board of directors includes:
10 1. Angela Whitecomb, Chairwoman, John Pence Building
2. Ozzie Lopez, Vice Chairman, Casa Lopez
3. Mark Spellman, Treasurer, Lazer Media
4. Lorenzo Castillo, Secretary, Exit Castillo Realty
5. Albert Ramirez, City of Oxnard (replaced Emilio Ramirez)
6. Doug Spondello, Centennial Plaza
7. Rex Levy, Rex Levy Realtor
8. Matt Mansi, Aldersgate Investments
9. Gary Blum, Heritage Square Owners Association
10. Michael Darden, Ventura County Rescue Mission
11. Tiffany Lopez, Dr. Manuel Lopez Family Trust
12. Walter Beaumont, Cabrillo Economic Development Corporation
13. Priti Patel, City Center Motel
14. Kimberly Vasquez, COVA Realty
In Fiscal Year 2023-24, $547,344 was collected through property-based assessments. An additional $38,961 of nonassessment revenue was also generated by DOIA, bringing the total fiscal year revenue to $586,305. The revenue was used to fund “special benefits”, defined in the California State Constitution as “benefits over and above the general benefits conferred on real property located in the district boundaries or to the public at large.” In accordance with the approved Management District Plan, DOIA delivered services across four major program areas.
Below is a summary of the budget that was allocated to each program area and a brief description. For more information regarding each area’s accomplishments, please refer to Attachment 1.
Administration (Board Chair: Angela Whitecomb) Budget: $196,991 Oversees staff and administration, corporate finances, contracts, insurance, budget preparation, fund development, board agendas, advocacy, outreach, bylaws and policies, government and community relations, and Board elections.
Civil Sidewalks (Committee Chair: Ozzie Lopez) Budget: $300,128 The purpose of the Civil Sidewalks Committee is to assure that the property within the district boundaries is “Clean and Safe”. The budget allocation of fifty-three percent reflects that maintaining an environment that fosters business and community activation in the downtown is a priority. The Civil Sidewalks Committee oversees the contract with District Maintenance Services to provide daily cleaning of public spaces. Their services include sidewalk sweeping, steam cleaning, maintaining sidewalk planters, graffiti abatement and visitor assistance.
In collaboration with the Oxnard Police Department, the committee also oversees the contract with Professional Security Consultants, the security guard service that patrols the area within the district boundaries daily. Their services include truck and bike patrols, reporting suspicious activity, assisting with traffic control, visitor assistance, managing vagrancy issues, and reporting streetlight outages.
District Identity and Placemaking (Committee Chair: Gary Blum) Budget: $89,186 The purpose of this committee is to enhance downtown Oxnard’s brand, improve public perception, and to position the downtown area within the district boundaries as a regional business and cultural attraction. The committee accomplishes this by marketing and promoting positive activities and events downtown.
Land Use (Committee Chair: Rex Levi) No Budget Allocation The purpose of the Land Use Committee is to research and advocate on issues including parking, transportation, mobility, planning, zoning, regional public transportation, review of new developments, outdoor dining, merchant mix, and business recruitment.
Although the Land Use Committee has no budget allocation, it plays an integral part in DOIA’s mission given the need to increase housing density within the boundaries of the district and its immediate trade area, thereby providing a customer 11 base for downtown businesses. Every economic study emphasizes the need for more housing in order to drive demand for retail and facilitate business attraction.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, inviting new business investments, and target site-based redevelopment opportunities.
FINANCIAL IMPACT
There is no financial impact associated with this report.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Albert Ramirez, Assistant Housing Director
ATTACHMENTS
1. Attachment 1 - Annual Report Prepared by DOIA
12 PROPERTY & BUSINESS
IMPROVEMENT DISTRICT
13 Mission Statement
DOIA is the dynamic steward dedicated to making
Downtown Oxnard a vibrant place to live, work & play
Dear Friends and Supporters,
What an amazing year it has been for the Downtown Oxnard Improvement Association!
We are thrilled to celebrate a year of tremendous progress, growth, and community spirit. Thanks to the hard work and dedication of our Board, staff, and partners, we have seen significant milestones, including a remarkable surge in our district vibrancy with increased engagement from residents and visitors alike. This has allowed us to highlight the energy and unique offerings of Downtown Oxnard to a larger audience.
We also proudly mark the opening of the first new residential building in over 20 years - Central Terrace - leading a new wave of investment, furthering our goal of creating a dynamic, 24/7 urban center.
This year has also been a time of transformation in public space, with Downtown Oxnard becoming noticeably cleaner and safer. Through collaborative efforts with the Police Department and community partners, we have made strides in reducing homelessness and ensuring that our streets are welcoming to all. In addition, we have invested in professional development for our Board members, equipping them with new tools and perspectives to better serve our community.
Perhaps the most exciting achievement has been the successful renewal and expansion of our District—affirmed by the largest percentage vote in the history of the PBID. This milestone ensures that we have the resources to continue to build on this momentum and make Downtown Oxnard a place we can all be proud of.
We would like to extend our deepest gratitude to the City Council, the Police Department, City staff, and our dedicated community partners. Your continued support and collaboration have been crucial in setting the stage for an even brighter future. Together, we are paving the way for even greater accomplishments in the years to come. Thank you for being part of this incredible journey! Angela Whitecomb Abel Ramirez Magana
Board Chair Executive Director
KEY ALLIANCES
from the doia leadership
INSPIRED LEADERS
SHAPING CITIES
14 • 32 City blocks
• 432 Parcels
• 213 Property Owners
• 325+ Merchants
• The “Walkable Downtown”
• renewed FOR 5 years
• ADDED 2 blocks
• apProved by the largest
margin IN pbid’S HISTORY
• successful culmination
of a year-long campaign
• SUPPORTED BY commercial,
residential, & non-profit
property owners
pbID special benefit zone
THIRD ST
OXNARD BL
SEVENTH ST
SECOND ST
SIXTH ST
FOURTH ST
FIFTH ST
META ST
EIGHTH ST
FIRST ST
PLAZA
PARK
CIVIC PLAZA
PUBLIC LIBRARY
POLICE
DEPT
CITY ADMIN
CARNEGIE
HERITAGE
SQUARE
C STB STA ST
2024 RENEWED & EXPANDED DISTRICT BOUNDARY
TRANSIT
CENTER
PARKING
STRUCTURE
MAP NOTTO SCALE
renewed
& expanded!
88% YES VOTE
15 Angela Whitecomb
John Pence Bldg
Lorenzo Castillo
Exit Castillo realty
Ozzie Lopez
Casa Lopez
Mark Spellman
lazer media
Gary Blum
Heritage square
Michael Darden
vc rescue mission
Rex Levi
Rex Levi broker
Tiffany Lopez
Lopez family trust
Emilio Ramirez
City of Oxnard
Matt Mansi
aldersgate Investment
Doug spondello
Centennial plaza
Walter Beaumont
cabrillo economic
priti Patel
City center
Kimberly Vazquez
cova realty
organization
• DOIA is a 501c3 public benefit non-profit organization • governed by a board of invested owners & community
• 2 person staff
50+
board & committee
meetings held
300+
hours of
volunteer service
strategic planning
SESSION NOv 2024
16 97,000 lbs
litter picked up
3,664
TAGS Graffiti &
Stickers removed
97 visitor directions
provided
DISTRICT maintenance
212
homeless OUTREACH
140
blocks
pressure washed
7-days/week, 7am-3:30pm
17 Big Bellys on the street
• 14 state-of-the-art TRASH/RECYCLE DUO STATIONS WERE
PURCHASED with arpa & additional grant funds
• the new bins reduce litter, recyclables theft, and servicing time • in addition to the maintenance benefits, the bins help brand the district
• The successful project was recently expanded with an
additional $200K procurement coming in 2025
18 1,956 hours
security patrols
2,144
trespassing,
anti-social
incidents dispatched
1,137 calls for
service responded to
7-days/week, 7am-11pm
362
streetlight outage
& repair Reports
DISTRICT safety
19 517,100 108%
reached ACROSS
social media
14,190 21%
Instagram
followers
9,840 15%
facebook fans
20K
active website users
29K
emails DELIVERed
www
DISTRICT IDENTITY
40.1%
avg read rate
20 re-brand launched
LOGO
Clearspace
EST. 1903
CLEARSPACE
CLEARS
PACE
Aegean Blue
CMYK: 100, 66, 25, 7
RGB: 23, 88, 133
HEX: #175885
Tangerine Orange
CMYK: 0, 81, 98, 0
RGB: 222, 97, 54
HEX: #DE6136
Jade Green
CMYK: 93, 1, 100, 0
RGB: 20, 163, 88
HEX: #14A358
Sunray Yellow
CMYK: 9, 18, 100, 0
RGB: 229, 200, 73
HEX: #E5C849
Primary Colors Secondary Colors
21 10,000+
special events
attendees
162
sidewalk planters
maintained
12 Utility Box
Murals Installed
3 art shows hosted
100+
Street Lamps
decorated for
hoidays & civic PRIDE
PLACEMAKING
22 iconic gateway mural
funded through arpa, a large-scale mural was commissioned for the third-street bridge created by renowned Filipino artist dj javier
the mural was celebrated in unveil event on sept 7, 2024, attended by hundreds of persons from the community
23 new merchants
700+
Housing Units proposed
4.72%
retail vacancy
land use & biz dev
300+
merchant outreach
services contacts
• Pacifico’s Sushi Mex
• The Green Olive
• The Mystery Shop
• the diamond factory
• dani’s flowers
• oxxo time
• alpha allure salon & Spa
• oxnard tattoo collective
• bi-monthly merchant cafe hour
• semi-annual merchant mixers
• Permit Assistance
• site selection
24 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:15 PM)
AGENDA ITEM NO. D.2
DATE: May 6, 2025
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Senior Services Commission Annual Report.
RECOMMENDATION
That City Council receives the Senior Services Commission annual report.
BACKGROUND
The Senior Services Commission serves as an advisory body to the City Council focused on evaluating, promoting and encouraging new and existing activities and services that enhance the quality of life for the seniors of Oxnard.
The Senior Services Commission is responsible for providing an annual report of activities to the City Council. This live presentation will include highlights of the commission’s activities over the past 12 months, showcasing work on 2024 Commission goals, new programming and community involvement.
The Senior Services Commission will continue to work with the community to fulfill their powers and duties and advise the City Council on such matters.
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: Marisue Eastlake, RDVP Director
ATTACHMENTS
1. SSC Annual Report APPROVED
25 2025 Senior Services Commission
Annual Report
May 2025
26 Meet the 2024-25 Appointed Commissioners
Senior Services Commissioners 2
Alice Sweetland
Chair
LaRita Montgomery
Vice Chair
Linda Calderon
Gloria Massey-Chinea Gloria Postel
27 2024 Goals and Outcomes
• Technology Education Programming
• Tech classes started at Wilson and SOC in
collaboration with Cyber Seniors
• Accessibility and Signage at Wilson Senior Center
• Signage designed
• Accessibility report made
• Highlight Monthly Health Initiatives
• Monthly health presentations made throughout
2024
2024 Commission Goals 3
28 Senior Services Activities 4
Senior Centers
&
Senior Programming
29 Senior Centers 5
South Oxnard Center
200 E. Bard Road
49 participants
Wilson Center
350 N. C Street
96 participants
Senior Centers by the Numbers:
Colonia Center
197 N. Marquita
27 participants
Palm Vista Center
801 S. C Street
35 participants
30 Let’s get moving!
Senior Centers
6 31
Quieter activities
Senior Centers 7
New! Cooking classes.
32 And we celebrate!
Ordinary celebrations,
Senior Center Celebrations 8
33 holiday celebrations,
Senior Center Celebrations
9 34
… and BIG celebrations
Senior Center Celebrations 10
Holiday Party
End of Summer Carnival
and Wellness Fair
35 Trunk or Treat
Senior Center Celebrations 11
Mexican Independence Day
36 Senior Services 12
Senior Nutrition by the Numbers
Annual Totals:
21,494 Congregate Meals
24,510 Home-Delivered Meals
Overall we serve approximately 400 seniors per month through the Congregate (in-person) and Home Delivered meal programs. 37 Hot lunch is served weekdays at
Wilson Senior Center
Colonia Senior Center
Palm Vista Senior Center
Senior Nutrition Program 13
38 Seniors In Motion (SIM) - NEW 14
Seniors in Motion by the Numbers:
Participants: 49
Weekly Programs: 6
Special Events: 7
39 • Monday morning walks
• Monday Coffee with a Convo
• Weekly in the parks:
Zumba
Yoga
Tai Chi
Seniors in Motion (SIM) 15
Get Outside. Get Active. Be Healthy.
Yoga
Walking
Zumba
Tai Chi
40 SIM Special Events
• Cookie Exchange
• Paint & Sip
• Game Time
• Out to Lunch Bunch
Starting in 2025!
• Pickleball at Colonia Gym
• SIM Evening Programming - Yoga
Seniors in Motion (SIM) 16
41 Excursions
• Broad Museum
• Christmas at the Farm
• Beatrice Wood Center for the Arts
• Santa Barbara Mission
• Port of Hueneme
Seniors in Motion (SIM) 17
42 RSVP – senior volunteer program 18
RSVP by the Numbers:
Total RSVP Volunteers: 331
Total RSVP Volunteer Hours: 44,872
Total RSVP Value of Volunteer Hours: $1.73 million
43 Total RSVP Recipients of VCAAA Legacy Award:
One
RSVP – senior volunteer program 19
Sylvia Fulton
44 RSVP Bone Builders
Classes: 23
Participants: 466
Volunteers: 104
Volunteer Hours: 9,889
Tai Chi: Moving for Better Balance
Classes: 13
Participants: 264
Volunteers: 36
Volunteer Hours: 5,872
RSVP Signature Programs 20
45 Wilson Senior Garden
• 19 plots
• 12 gardeners
• 1 shade house
Senior Gardens 21
Pleasant Valley Senior Garden
• 17 plots
• 9 gardeners
• 1 clubhouse
• 1 toolshed
Senior Gardens by the Numbers:
46 Seniors - Community Events 22
Seniors Contributing to Community Events
47 Seniors at Community Events 23
Dia de los Muertos
Tamale Festival
Art Gala
Garden Expo
Wilson Ukulele Group
Insect Festival
48 Seniors at Community Events 24
Oxnard Seniors’ Art on Display at the County Government Center 49 Commission FUN 25
100 years old ~ Birthday Celebrations
Commendations
Oxnard Holiday Parade
50 Celebrating Resident Birthdays 26
Birthday Celebrations by the Numbers:
Celebrants: 7
51 Celebrating 100 year olds! 27
Sister Esther Irizarry
Adelaide Rocha
Look who turned 100 in 2024!
Maria Marquez
Sally Varela
52 But these gals have them beat!
Celebrating 100+ birthdays 28
Inez Almanza - 104
Rosa Morales - 103
Ruth Zavala - 106
53 Holiday Parade 29
54 Commission Commendations 30
Jeff Nevitt Sylvia Fulton
Oxnard PD - Colonia
55 2025 Goals
• Monitor and evaluate technology education
• Review accessibility and signage at SOC
• Research and create a senior housing list
• Implement and evaluate Monthly Health Initiatives
2025 Commission Goals 31
56 Senior Services Office
350 N. C Street
Oxnard, CA 93030
Hours: Monday – Friday
8 am to 5 pm
805-385-8019
[email protected]
Facebook & Instagram: oxnardseniors
Activity calendar & Senior Nutrition menu posted monthly here.
Oxnard Senior Services 32
57 THE END
33 58
CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. I.1
DATE: May 6, 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) (5 minutes)
RECOMMENDATION
That the Mayor, with the approval of the City Council, appoint Jose Cano to the Cultural Arts Commission representing District 4.
Please click the following link to view the required Measure M pre-recorded presentation video:https://youtu.be/YGQIj2VzZE
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
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, Councilwoman Rodriguez nominates Jose Cano to represent District 4, who has passed the City’s formal background check procedures.
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 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.
59 Prepared by: Luly Lopez, City Clerk
ATTACHMENTS
1. 05.06.25 Appointment of Members to Serve on the City's CAGs 60 Luly A. López, City Clerk
Appointment of Members to Serve
on the City’s CAGs
City Council
May 6, 2025
61 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, appoint Jose Cano to the Cultural Arts Commission representing District 4.
62 3
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 •Councilwoman Rodriguez nominates Jose Cano to represent District 4
63 THE END
4 64
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: May 6, 2025
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Update on Status and Accomplishments of Current Measure O Projects.
RECOMMENDATION
That the City Council receive and file this report.
(The Measure O Citizen Oversight Committee heard this update at its April 24, 2025 meeting).
BACKGROUND
At the February 20, 2024 City Council meeting, staff presented an update on the status of each active Measure O project.
This is the same status report one year later, updated to reflect project progress made in 2024.
DISCUSSION
As of February 28, 2025, Measure O funds a total of 49 active projects: 19 ongoing operational projects, 5 ongoing debt service items, and 25 one-time funded projects. Ongoing funded projects receive a specific amount of funds every fiscal year; if staff does not use all of the funding from that fiscal year, unused funds cannot be rolled over to the next fiscal year. One-time funded projects receive the approved funding only once, with staff expending the funds throughout the course of the project. One-time funding can roll over to the next fiscal year, but once the funds are depleted that project receives no more funding.
Measure O projects made significant progress in 2024. Although inflation remains a factor affecting project delivery, many Measure O projects were able to make significant strides or reach completion. Attachment 1 shows status updates on all active Measure O funded projects. Attachment 1 was compiled using expenses as of February 28, 2025.
Completed Projects
Since January 2024, twelve projects have been completed, detailed below. Four of the eleven projects listed below are completed, but just need to undergo the final step of being closed out in the City’s financial system (projects M1808, C2315, C2332 and C2548).
1. Project M2402 (IT Contractors) - this project funded contractors for the City IT department to implement multiple different projects. Projects include the permit payment process for the Community Development Department, remediation of the document management system, a citywide wifi upgrade and a custom software assessment for the police department. M2402 received a one-time award of $1,275,000; the funds have been fully spent down and the project is closed.
2. Project C2315 (IT Equipment Refresh/Upgrades) - this project replaced old, outdated IT equipment to improve functionality and increase the City’s cyber resilience and security. Purchases included PCs and monitors to replace computers that reached the end of their useful life, as well as servers and storage devices for obsolete and vulnerable equipment. C2315 was a one-time funding award of $300,000. A total of $257,845 was spent, leaving $42,155 to 65 return to the Measure O fund to be made available for new City projects in FY 25/26. This project is complete, but currently in the process of being closed out in the City’s financial system.
3. Project C2410 (High-Pressure Breathing Air Compressor) – this one-time project was for the purchase of one high-pressure breathing air compressor for Fire Station One to replace the outdated one, which was beyond its useful life and experiencing mechanical failures. The total award was $93,000. The purchase was made and project C2410 has been closed. Total project cost came to $92,848, leaving $152 to return to the Measure O fund and be made available to new projects.
4. Project C2332 (Chemical Analyzer) – this project was a one-time award of $40,359 for the purchases of a Gemini Chemical Analyzer. The analyzer allows for rapid identification of unknown chemicals in hazardous materials incidents, including explosives, narcotics, toxic chemicals, and hazardous materials. The machine replaces the unit carried on the Department’s only hazardous response vehicles, housed at Fire Station 7. Measure O funds were used as grant match. The analyzer has been received and the project is ready to close in the City’s financial system. The Measure O funds were fully expended.
5. Project M2403 (FEMA Grants City Matches) – in April 2023, the Measure O Committee approved a new project providing $186,000 in grant match for FEMA grants the fire department applied to. This single award was put into the City’s financial system as two different projects (M2403 and M2404) due to some of the grants having different match rates. While M2404 remains open, M2403 has been completed and closed. The total costs ended up being $0, leaving $16,667 available to be returned to the Measure O fund and made available to new projects in FY 25/26.
6. Project M2502 (Plan Check Consulting Services - Fire) – this project was a one-time award of $100,000 to partially fund contract consulting services for a hard-to-fill vacancy in Fire Administration. The consultant conducted plan check reviews for fire code compliance. Reviews for fire code compliance were vital to avoid disruptions to the plan check review process for city residents and business building permits. The funds have been fully spent down and the project has been closed out.
7. Project C2403 (Portable Stormwater Pump) – this project received a one-time award of $80,000 to replace an inoperable pump that was damaged during the January 2023 storms. The pump is used during rainstorms to mitigate flooding and damage. The total costs ended up being $56,406, leaving $23,594 available to be returned to the Measure O fund and made available to new projects in FY 25/26. C2403 has been closed and the remaining funds returned to Measure O.
8. Project C2043 (Roof Replacement - PACC Rental) – this project replaced the roof at the PACC Rental location via a one-time award of $294,762. The total costs ended up being $11,923, leaving $282,839 available to be returned to the Measure O fund and made available to new projects in FY 25/26. C2043 has been closed and the remaining funds returned to Measure O.
9. Project C2042 (Roof Replacement - Wilson Center) – this project replaced the roof at the Wilson Center via a one-time award of $400,000. The funds were fully spent down and this project has been completed and closed.
10. Project C2039 (Roof Replacement - Sturgis Annex) – this project replaced the roof at the Sturgis Annex via a one-time award of $1,303,686. The total costs ended up being $1,054,117, leaving $249,569 available to be returned to the Measure O fund and made available to new projects in FY 25/26. C2039 has been closed and the remaining funds returned to Measure O.
11. Project M1808 (New Senior Center) - this project received a one-time award of $93,250. A Feasibility Study was completed for this project in March 2022 for a total of $70,762. Since then, M1808 has been frozen due to litigation that restricts the City’s ability to bond for capital projects. Additionally, more funding would be needed to undergo the next phase of this project (releasing a Request for Proposals for design). As the timeline for this is unknown, the project will be closed and the remaining $22,488 returned to the Measure O fund to be made available for new projects in FY 25/26. M1808 is currently in the process of being closed out in the City’s financial system.
12. Project C2548 (Backhoe / Streets) - To comply with air quality requirements, the City had to retire our only backhoe. This project funds the purchase of one new backhoe to replace the retired one. The new backhoe was received by the City on January 28, 2025 and began service on February 19, 2025. The entire $200,000 Measure O award has been spent down and the project will begin the process of closing out in the City’s financial system.
Removed Projects
Last year there was also a project titled “Citywide Alleyway Resurfacing” included as project C2111. This project has since been consolidated into project C2102, also titled “Citywide Alleyway Resurfacing”. C2102 is reported on above as a one-time project; while C2102 contains more funding sources than just Measure O, only the Measure O funds are reported on in this staff report. C2111 was removed from the above list as a separate project so its costs and performance 66 are not double-counted.
Projects Transferred to General Fund (Weaned)
As of July 1, 2024 with the adoption of the City’s FY 24/25 budget, the following three projects have been removed entirely from Measure O and moved into the General Fund. Thus, they have been removed from the above list, the Measure O projects have been closed, and no further Measure O funds are being expended for these purposes.
1. M1203 – CAD/RMS Operational (ongoing). The City provided $958,984 towards data integration between the Public Safety 911 Computer-Aided Dispatching (CAD) system and Record Management System (RMS). This system allows staff to identify and separate calls by type of service or emergency, enabling public safety personnel to service the most dire of requests in the least amount of time. The Police Department responded to 78,285 incidents in 2024; 256 of these were emergencies of the highest priority.
2. M1407 – Integrated Library System (ongoing). Every year Measure O provided $53,285 towards the Integrated Library System. It provided stable, reliable and efficient use for both in-person and phone patron library transactions.
Without an efficient system, staff would not be able to check out material to patrons, maintain item records, add material ordering records and provide integration with the public library catalog. Over 182,231 physical items and 18,685 virtual items were checked out in 2024. Over 6,410 new items were ordered, cataloged and added to the collection in 2024.
3. M1303 – Library Wifi Operational (ongoing). Every year Measure O provided $2,000 to provide a wifi connection point for both library staff and library patrons, as the internal physical network is old, close to end of life, and unreliable. The project provided wifi at three library locations and over 23 electronic resources to the community.
The latest Measure O Annual Community Report is included as Attachment 2. This was mailed out to all Oxnard households beginning in January 2025. It is a summary of FY 22/23, which was independently audited by Eadie + Payne.
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
The Measure O Citizen Oversight Committee received this report at their April 24, 2025 meeting.
Prepared by: Annie Jensen, Project Manager
ATTACHMENTS
1. Attachment 1 - Active Projects
2. Attachment 2 - Community Report
3. Attachment 3 - Powerpoint
67 Project Name
Expenses as of
2/28/20251 Status Update on Project Project Accomplishments Ongoing Projects
1. M1302 -
Homework
Center Main
Library
$38,657
expended of
the $69,058
annual
budget.
The Homework Center is
available to all K-12 student
walk-in’s from Monday
through Thursday from 3-7pm.
● Over 2,500 hours of assistance
provided in 2024
● 901 students were helped with
their homework in 2024. Teen
volunteerism for peer tutoring
totaled 79 hours.
2. M1910 -
Recreation
Services
$0 expended to
date in FY25,
but anticipated
to be fully
expended by
the end of
FY25. The
annual budget
is $85,735.
Funding supports after-school
program fixed costs for 10 local
schools.
Program serves over 2,778 children
grades 1-8.
3. M1911 -
Oxnard
Afterschool
$0 expended to
date in FY25,
but anticipated
to be fully
expended by
the end of
FY25. The
annual budget
is $107,673.
Funding supports after-school
program fixed cost for 20 local
schools.
Program serves over 2,200 children
grades 1-8.
4. M1102 - PAL
Operational
$121,039
expended of the
$228,678
annual budget.
In 2024, Oxnard PAL hosted:
● PAL Community Cinema
(summer): 7 showings at 7 parks
with over 700 participating viewers
● Back to School Backpack
Distribution: 600 youth participants
● PAL Dance Program: 100 youth
participants
● Turkey Distribution 2024: 500
turkeys to Oxnard families
● PAL Santa’s Workshop: served
1,073 children
● The annual Kids Fest served 1,000
participants
● Summer Lunch Program served
The Oxnard PAL program serves a
total of 12,001 participants ages 8 -
18 years old.
1 For ongoing projects and debt-related projects, this column lists expenses from July 1, 2024, through February 28, 2025. For one-time projects, the numbers are from the beginning of the projects through February 28, 2025. 68 over 2,300 meals to youth
● Summer Enrichment Camps: Pep
Squad, Basketball & Self-Defense
partnered with Oxnard Police
officers to coach 145 youth in 2024
5. M1408 -
College Park
Programs
$55,185
expended of the
$115,000
annual budget.
Field rentals at College Park. Athletic and event reservations at College Park serve over 200 teams
aged 6 to 18 years old, and also 4
adult soccer leagues serving over
100 adult teams.
6. M1103- City
Corps
Townkeeper
$770,737
expended of the
$1,321,263
annual budget;
anticipated to
be fully
expended by
the end of
FY24.
Projects are scheduled based on
community needs and essential
services, including but not limited
to:
● Ormond Beach clean up projects
● Alley clean ups
City Corps Townkeeping crews
continued to provide the citywide
cleanup activities in 2024. Over
133,611 pounds of waste was
removed from City alleyways
between January and December of
2024.
City Corps also works in conjunction
with Public Works on Ormond
Beach cleanups, where various
species of invasive plant, trees and
shrubs are removed.
City Corps also provided event
support and assistance for the
following City and special events:
Tamale Festival, Insect Festival, Fall
Festival, Multicultural Festival,
Juneteenth Celebration, Ventura
County Philippine Flag Raising
Event, Veterans Day Ceremony,
Oxnard Police Memorial, Martin
Luther King, Jr. March, and others.
7. M1104-
Preschool to
You
$67,351
expended out of
the $206,831
annual budget.
Preschool to You classes were
offered from January to December
2024 in the mornings at five parks
throughout the City. Tiny Tots
continued to run three days per
week from January - June and
September - December. One
additional class supports families
with younger children: the Kinder
Krash Course, held twice per week
from July - August.
Preschool to You has served 1,500
youth; Tiny Tots has served 1,483
youth; Kinder Krash has served 40
youth. The grand total is 3,023 of the
youth that the City served, an
increase of 737 compared to the
previous year’s 2,286.
69 8. M1304- Mobile
Activity Center
Services
$24,033
expended of the
$44,000 annual
budget.
● Spring Session services operated
5 afternoons per week for 2 weeks
at two locations (Rio Lindo and
Lathrop Memorial).
● Summer Session runs 5 mornings
per week for a total of 8 weeks at
15 different park locations.
In 2024, the mobile activity center
served 489 residents during Spring
Session and 2,640 residents during
Summer Session.
9. M1305- Senior
Nutrition
Program
$102,720
expended out of
the $395,237
annual budget.
The City continues to provide senior
nutrition meals weekdays at Wilson,
Palm Vista and Colonia Senior
Center as well as delivering meals to
homebound seniors.
● In 2024, 20,607 congregate meals
were served.
● In 2024, 24,145 home-delivered
meals were served.
● The City currently serves 159
homebound seniors and 390
congregate participants.
10. M1306- Day at
the Park -
Special Needs
$5,915
expended of the
$14,072 annual
budget.
From January to December 2024,
the City offered:
● Special Pops Fun Club (February,
April, July, October, & November)
- Amy’s Art Class, 8-week
session (March-April, JuneJuly, & September-October)
- Mondays Chill, Color, &
Crafts at the Oxnard Main
Library (May-December, but
will be ongoing on every
Monday)
- Art Show after every Art
Class session at Wilson
Center
- Thursdays Crafts and Games
(January- April)
● Special Pops Challenger Sports:
- Basketball (January-March)
- Soccer (July-August)
- Flag Football
(September-October)
- Boxing (February- April)
- Open Gym weekly (JanuaryDecember)
● Special Pops Day at the Park
(May-October)
● Special Pops Events (Aut 2 Run in
April, Parent Appreciation in May,
Color Run in August, Trunk or Treat
in October, Santa’s Workshops and
Oxnard Christmas Parade in
December)
● From January to December 2024,
5,567 participants were served across
all programming. 302 participants
attended Day at the Park events.
● Oxnard Special Population
programming included: Day at the
Park, Art Classes, Crafts & Games,
Flag Football, Boxing, Soccer, Open
Gym, volunteer opportunities at the
Wilson Garden and Oxnard Public
Library, and Fun Club. This project
also included several Special Events:
First Annual Color Run, 2nd Annual
Down Syndrome Walk, Trunk or
Treat, Parent Appreciation, Santa’s
Workshop and Participation in the
Tamale Festival Christmas Parade.
Weekly programming includes Open
Gym and “Chill, Color & Crafts”.
We continue to provide the Sensory
Tent at all City events along with
sensory bags, with the aim to expand
sensory bags into the Library and
other City programming.
70 11. M1301 -
Spanish
Language
Interpretation
$13,085
expended of the
$51,114 annual
budget.
The vendor translates all Council
and Committee meetings to Spanish.
The vendor translated live in the
Council Chambers during meetings
in real time.
12. M1806- Safe
Homes Safe
Family
$215,772
expended of the
$450,443
annual budget.
Safe Homes Safe Families currently
has 29 property owners enrolled in
the program, encompassing 63
individual properties. As many of
these enrolled properties are
multi-family units, there is a total of
878 units being monitored for
compliance.
Additionally, there are 18 properties
that are in process of being added to
the SHSF program
In 2024 the SHSF program was
required to review 395 newly
reported substandard housing
complaints or reports of unpermitted
construction. A new SHSF Inspector
has been hired; the new inspector
will start with qualifying cases for
Quarter 1 of 2025.
A review of the case notes for 2024
found that 104 SHSF cases have
been found to be in compliance.
To date, 17 properties have been
removed from the program.
13. M1402-
Ormond Beach
Enhancement
$3,069
expended of the
$13,812 annual
budget.
Annual funding pays for monitoring,
reporting, and clearance required per
coastal development permits issued
by the Coastal Commission. Eligible
funding uses also include small
amounts of annual clearing and
cutting by Oxnard City Corps of
invasive plants, shrubs, and trees.
Funding is also used to pay the
monthly costs for the rental and
service of portable restrooms at
Ormond and electricity and
maintenance charges for the
caretaker trailer.
In 2024, a 5’ box blade and stump
bucket were purchased with Measure
O funds in 2024 to support City
Corps’ restoration work at Ormond
Beach.
14. M1904-
Measure O
Audit
$0 of the
$5,400 annual
budget.
This year the Measure O program
was audited in conjunction with the
City’s Annual Comprehensive
Financial Report.
The Measure O audit is still in
process and expected to be complete
in the coming months. The FY24
data is tentatively scheduled to be
presented to the Measure O
committee in May.
71 15. M1906- Fire
Advanced Life
Support
$28,838
expended of the
$136,000
annual budget.
Funds allow the Fire Department to
provide advanced life support (ALS)
services to the community. This is
an increase in service level from the
basic life support services
previously provided.
The funds are utilized to purchase
ALS medical and protective supplies
for emergency medical response
services. The funding also supports
consulting services for the medical
director of the City’s ALS Program.
Additional purchases will occur
through the end of the fiscal year.
Consulting costs are incurred
throughout the year but generally
invoiced at the end of the year. The
availability of this ongoing funding
for increased service level to the
City’s ALS Program is a critical,
life-saving service to firefighters and
the community.
16. M1601- East
Village Park
Operating
Maintenance
$47,243
expended of the
$105,331
annual budget.
Ongoing general maintenance and
utilities of East Village Park.
Ongoing general maintenance and
utilities of College Park. Funding
pays for five permanently assigned
FTEs (collectively this park and
College Park) and all operational
costs. Damaged playground
equipment was replaced in 2024.
17. M1406- ITS
Annual
Maintenance
$0 expended of
the $35,121
annual budget.
This project improves signal timing
and performs equipment
replacement at needed locations to
help maintain the 165 signal
locations in the City.
In 2024, utilizing different funding
(including a grant), Signal
Maintenance responded to and
completed 122 signal requests
received through the Oxnard 311
system.
18. M1101- Alley
& Roadway
Repair
$211,035
expended of the
$500,341
annual budget.
Ongoing maintenance of alleys and
street repairs and maintenance.
● In 2024: responded to 597
requests for road repairs.
● In 2024: used 2,636 tons of hot
asphalt.
19. M1307-
College Park
Maintenance
$474,008
expended of the
$850,032
annual budget.
Ongoing general maintenance and
utilities of College Park.
Ongoing general maintenance and
utilities of College Park. Funding
pays for five permanently assigned
FTEs (collectively this park and East
Village Park) and all operational
costs. Accomplishments made this
past year include turf renovation, an
effort that started in December 2024.
72 Ongoing Debt Service
20. C1844-
Dispatch
Consoles
$64,367
expended to
date,
anticipated to
be fully
expended by
the end of
FY25. The
annual budget
is $128,734.
Project completed in March 2021.
This is the ongoing debt service for
these console systems. The debt
maturity date is 3/30/2025.
Project completion included the
installation of seven new dispatch
console systems and the required
staff training.
21. M1804- Fire
Station 8 Lease
Debt
$1,162,409
expended of the
$1,385,944
annual budget.
This is an ongoing lease payment
for Fire Station 8. The debt maturity
date is 12/1/2031.
Fire Station 8 normally houses 10
personnel every day. Additionally
this station houses an Urban Search
& Rescue (USAR) vehicle and
equipment. It is an invaluable
resource to south end residents.
22. C1845- Fire
Trucks
$46,150
expended to
date;
anticipated to
be fully
expended by
the end of
FY25. The
annual budget
is $92,300.
This is an ongoing lease payment
for two fire engines. The debt
maturity date is 3/30/2025.
The two engines were placed into
service in December 2019. They are
currently protecting residents in
Council District 4 (from Fire Station
1) and in Council District 1 (from
Fire Station 6). In 2024, E81
responded to 4,039 requests for
service. E66 responded to 3,099
requests for service.
23. M1905-
Handheld
Radios
$10,930
expended to
date; the annual
budget is
$21,861.
Radios were purchased on the 2018
Bank of America Lease Purchase
line of credit and were deployed in
FY18. This is the ongoing debt
service for these radios. The debt
maturity date is 3/30/2025.
Over 100 new portable radios were
purchased and deployed to
Firefighters. These radios are in
service and continue to be used on a
daily basis in the City. These radios
provide clearer communication
channels allowing our first
responders to more efficiently
address calls for service and leading
to decreased loss of life and property.
73 24. M1805- 2014
Lease Service
Street Bond
$180,250
expended to
date; the annual
budget is
$1,665,500.
This is a debt payment on previous
jobs. The debt maturity date is
6/1/2029.
La Colonia Phase l and ll are
completed. The design for the La
Colonia Phase lll project has been
finalized, with the estimated
construction cost coming in at
$6.7M. The project is scheduled to
begin soliciting construction bids in
April 2025, with construction
anticipated to begin in FY 25/26.
One-Time Projects
25. M1907- Tenant
Relocation
Assistance
No funds have
been expended
out of a
$20,000
one-time
budget.
No funds have been expended to
date. No requests for assistance have
been submitted.
Funds are available for use as
needed.
26. M1913-
Economic
Development
Strategy
No funds have
been expended
out of a
$25,000
one-time
budget.
This project is on hold. Multiple
reports have recently been
completed analyzing the community
and economic landscape in the City
of Oxnard and the region. Staff is
currently analyzing those reports in
an effort to augment the work that
has been completed.
Although funds have not been
disbursed, staff continue to provide
resources and support to local
businesses as they continue to
struggle with a shortage of workers
and the cost of inflation.
Staff is prioritizing communication
with the business community
through a quarterly electronic
newsletter. Staff have also focused
on increasing awareness of business
resources and began holding
in-person workshops and seminars in
March 2024.
27. M1909-
Homeless
Shelter
Acquisition
$1,427,492
expended of a
$1,550,000
one-time
budget.
Second and B Streets shelter/ mixed
use development began construction
in June 2022. It will include 56
permanent supportive housing units
and a 110 bed shelter.
The City will use Measure O funds
and PLHA funds for the shelter’s
tenant improvements, shelter shell,
and a portion of the rooftop deck to
serve the homeless shelter guests.
The project is anticipated to be
completed in the summer of 2025.
Shelter improvements will include
110 beds for homeless individuals; a
warming kitchen; office space;
storage; restrooms; showers; and
laundry facilities. Costs associated
with the shelter shell and rooftop
deck will also be funded by Measure
O and PLHA funds. Work is
currently underway on shelter tenant
improvements.
74 28. M1807-
Colonia Gym
Facilities
Repairs
$1,646
expended of a
$18,000
one-time
budget
Staff is currently collecting quotes
for a wall pad installation for
Colonia Gym to be completed by
June 2025.
Resurfacing of gym floor is complete
and water fountain installation is
complete.
29. C2314 - Library
Tech
Infrastructure
Upgrade
$0 expended of
$450,000
one-time
budget.
This is an additional allocation of
funds to project MO5402 - Library
Wi-Fi Operational, but has its own
project name and number. Project
funds will implement new design,
architecture and equipment to
establish a reliable and secure
system for the library’s
technological infrastructure and
platforms.
This project is pending completion
of the professional services contract
to begin assessment of infrastructure
and recommendations on
prioritization of the aged system and
the systems that sit on the aged
network.
A contractor (Carson Block
Consulting Inc.) has been awarded
the contract for network
infrastructure and platforms
assessment. This contract is in the
final stages of negotiation. The
network will be assessed as soon as
the contract is finalized in order for
IT to expedite this vital part of the
project.
30. M2306 -
Facilities
Assessment
$292,614
expended of a
$340,000
one-time
budget.
The project is anticipated to be
completed by February 2026.
A comprehensive assessment of 35
sites, buildings, building systems,
and infrastructure has been
completed. This includes
identification and documentation of
their present condition (physical
building assets and infrastructure), as
well as recommendations and cost
estimates for the corrections of
deficiencies and prioritization of
work to be done. Currently, an ADA
compliance assessment is being
performed at 13 sites, as well as an
assessment for sidewalk access on C
Street.
31. M2307 - Tier II
Seismic
Evaluation of
the PACC
$42,449
expended of a
$200,000
one-time
budget.
Professional Services contract was
awarded July 2024.
The PACC Seismic Study is nearing
completion and staff will evaluate
the next steps for the project once the
report is to a point where an
engineering recommendation can be
made.
32. C2205 & C2205: of the These two projects are composed of Citywide residential neighborhood 75 C2209- Street
Projects
$3,328,400
one-time
budget,
$3,328,400 has
been expended.
C2209: of the
revised
$7,189,727
one-time
budget,
$4,962,873 has
been expended.
citywide arterial and residential
street improvements and completed
construction on flowing projects:
1) The Arterial Street
Resurfacing - East and West
Gonzales Road and Oxnard
Blvd. Street Improvements
has been completed.
2) The Arterial Street
Resurfacing - Hueneme Rd.
Street Improvements has
been completed.
3) The Neighborhood Street
Resurfacing - Kamala Park
and Bartolo Square South
has been completed.
street improvement projects for El
Rio West, Cabrillo, Sea Air, Rose
Park, Pleasant Valley Village and
South Winds neighborhoods will
start construction in May 2025.
33. C2404- Joint
Use Agreement
Between West
Village Park
and Brekke
Elementary
School
$0 expended
out of a
$425,000
one-time
budget.
The School District proceeded to
purchase and install a playground
unit. The City is responsible for
funding benches, a BBQ, trash
receptacle, a fitness circuit, and any
playground costs that are eligible for
reimbursement.
The City has awarded the purchase
and installation of a playground (a
“Tot Lot” for younger children) and
exercise stations. The existing
playground equipment at Brekke
Park has reached the end of its useful
life and is in need of replacement.
The new playground equipment and
engineered wood fiber surface will
help enhance the safety of children
using the playground equipment.
The specific work for this project
includes removing and disposing of
existing playground equipment and
replacing it with a new playground
system and engineered wood fiber
safety surfacing. A Notice to Proceed
was issued on January 30, 2025 for
this project.
34. M2405-
Personal
Protective
Equipment
$41,622
expended out of
a $110,000
one-time
budget.
The first equipment order arrived in
2024. The second equipment order
is currently being scoped for use of
the remaining funding balance.
The first equipment order for tactical
gear for our Fire Department’s
Tactical EMS Operations was
completed in March 2024. This was
a critical investment in the safety and
effectiveness of our fire department
personnel. These items provide
essential protection in high-risk,
tactical environments where the
safety of responders is paramount.
76 35. C2036- Facility
Emergency
Backup
Generator
$2,728
expended out of
a $800,000
one-time
budget.
A contract has been awarded; the
contractor is currently working on
equipment procurement.
Coordination is underway to
schedule a shutdown to replace the
existing Police Department
generator.
36. M2404- FEMA
Grants City
Matches
M2404: $0
expended out of
a $12,306
budget.
C2412: $13,210
expended out of
a $13,210
budget.
G2413: $21,183
expended out of
a $35,065
budget.
G2414: $7,291
expended out of
a $19,609
budget.
G2415: $7,316
expended out of
a $14,677
budget.
G2503: $0
expended out of
a $17,362
budget.
The project funding is split between
the following individual projects to
serve as their grant match as
follows:
● M2404
● C2412
● G2413
● G2414
● G2415
● G2503
● The $43,000 funding allocated to
Project C2410 was supplemental
funding needed to procure a new
airfill station used in filling the
self-contained breathing apparatus
(SCBA) cylinders used by
firefighters. The SCBAs provide safe
air in environments with smoke,
toxic gases, or low oxygen levels,
such as during structure fires or
hazardous material incidents. The
purchase of the airfill station was
completed in April 2024 and this
project is shown on the “Completed
Projects” list below.
● Grant C2412 purchased automated
chest compression devices used in
the Fire Department’s Advanced Life
Support Program. The purchase of
this grant-funded equipment was
completed in FY24.
● Four awarded grants
(G2413-G2503) are emergency
response training grants (paramedic,
hazardous materials, urban search
and rescue) with periods of
performance that span 2-3 years. All
the training programs are in various
stages of completion.
37. M2406 -
Measure O
Annual Report
Printing
$23,050
expended of
$28,000
one-time
budget.
Reports must be printed and mailed
to all households in the City
annually. This project covers the
annual printing and mailing cost.
Reports run 1-2 years behind to
allow for audited numbers to be
used.
The current report was mailed out
beginning in January 2025.
77 38. C2257 - Radio
Infrastructure
$0 expended of
$952,720
one-time
budget.
This purchase is for the Oxnard
Police Department to go live on the
countywide 700 MHz radio system
and enhance current field
operations.
This project replaces the dilapidated
and failing analog radio system the
Oxnard Police Department currently
uses. This will enhance day to day
transmissions for officers in the field
and will allow interoperability with
other entities in Ventura County.
39. C2420 - Water
Craft
Replacement
$18,675
expended of
$23,107
one-time
budget.
The purchase of the replacement
water craft was completed in June
2024. Only final invoicing remains.
Project replaced an extremely worn
and ill-equipped reserve rescue water
craft. With the new rescue craft, the
City is now in the process of
implementing a new, modified
response model that allows for two
water rescue crafts to be available for
ocean water rescue. This purchase
increased the Fire Department’s
ability to recover and rescue victims
in coastal waters.
40. C2006 - Traffic
Signal
Modernization
$0 expended of
$1,000,000
one-time
budget.
The City has secured funds to match
Measure O’s contribution towards
modernizing the City’s traffic signal
equipment. The City Council
approved and authorized a total of
$3,120,000 for 3 years.
In 2024, 35 intersections received
new controllers and conflict monitors
funded by this project. In addition, 4
signal cabinets and other equipment
were used to modernize various
locations across the City. A plan
currently underway to equip another
40 intersections with new controllers
and conflict monitors. This will
continue until all intersections are
equipped with upgraded controllers
and conflict monitors in addition to
new cabinets, high visibility
backplaces and other equipment, as
needed.
41. C2305 - Public
Restroom
Improvements
$15,322
expended of
$1,000,000
one-time
budget.
Renovation or replacement of
restroom facilities at multiple
locations.
● College Estates Park
Restroom Replacement has
been awarded and began
construction on March 12,
2025.
● Del Sol Park Restroom -
Design and specifications are
complete and have been
approved by Community
Development.
78 42. C1901 -
Mandalay Bay
Seawall Repair
$0 expended of
$2,500,000
one-time
budget.
Design and Permitting phases have
been completed. The current
estimated construction start date is
between October - December 2025.
Received California Coastal
Commission construction permit in
May 2024.
Received Water Board and Army
Corps of Engineers permits in March
2025.
Bid package completed in March
2025.
43. C2542 -
Colonia Park
Pool Repair and
Equipment
Replacement
$0 expended of
$120,000
one-time
budget.
Project repairs pool deck, new
coping, tile repair, pool surface
refinishing, upgraded pool
equipment and accessibility
upgrades to the pool and restroom.
Project is in the process of securing a
professional design and engineering
consultant. Initial site assessment
and scoping were completed in 2024.
44. C2507 - South
Oxnard Library
Remediation
$0 expended of
$200,000
one-time
budget.
Project remediates water damage
and repairs skylights in the South
Oxnard library.
Public Works is assessing the scope
of allowable repair under the water
damage legal settlement. Design
work is planned to be initiated during
summer/fall 2025.
45. C2508 - La
Colonia Boxing
Gym
Improvements
$0 expended of
$200,000
one-time
budget.
A Task On-Call (TOC) solicitation
for architectural services is currently
in progress for the design
improvement phase of the facility.
Previously, the project was submitted
for a formal Request for Proposals
(RFP) due to the expiration of
architectural on-call agreements.
However, only two firms
responded—one was disqualified,
and the other did not meet the
minimum requirements.
With the recent approval of new
architectural on-call agreements, the
project is now moving forward
without the need to reissue a bid,
ensuring a more efficient and timely
progression.
46. M2501 -
Election
Regarding CFD
5 (Riverpark)
Ballot
Measures
$0 expended of
$150,000
one-time
budget.
Project supports local initiatives on
the November 2024 ballot.
The project is complete, only final
invoicing remains.
79 47. C2547 - 10-Ton
Dump Truck /
Streets
$0 expended of
$300,000
one-time
budget.
Due to aging equipment, the City
has retired three dump trucks and
now has only one existing dump
truck in operation. This project
funds one new dump truck, bringing
the city’s working total to two.
Staff is bringing an item to City
Council on April 29, 2025 to
approve and authorize the purchase
order for the dump truck.
48. M2503 - Rent
Stabilization
$45,578
expended of
$160,000
one-time
budget.
Contract services to support the
Rent Stabilization and Just Cause
programs to protect tenants. The
protections included limiting annual
rent increases to 4% (there are unit
exemptions) and requiring
relocation assistance if tenants are
forced to vacate a unit for no-fault
of their own.
This project supports staff and
operational expenses necessary to
enforce both ordinances.
In 2024, staff interacted with 868
residents and property owners,
through phone calls, emails and
walk-in office visits. These
interactions lead to various outcomes
which include: educating tenants and
property owners, investigating
complaints, issuing warning notices
and citations and conducting
hearings.
49. C2102 -
Citywide
Alleyway
Resurfacing
$3,687,743
expended of
$8,285,225
one-time
budget.
Citywide initiative to continuously
reconstruct alleyways
The Fremont North neighborhood
Alley reconstruction project has been
completed.
The alley reconstruction project in
the La Colonia neighborhood is
expected to begin in the summer of
2026.
80 Measure O Funds of $16M were invested towards the following Council-approved priorities:
City Hall
300 W. Third St.
Oxnard, CA 93030
ANNUAL COMMUNITY REPORT
FISCAL YEAR 2022-23
WWW.OXNARD.GOV/MEASURE-O-FINANCIALS
POLICE DEPARTMENT
Supported 16 police officer positions, including Oxnard's Neighborhood Policing Team (NPT), a group of officers that specialize in neighborhood problem-solving and proactive community engagement. The NPT led the 2022 fireworks enforcement effort, receiving over 300 tips via the hotline and email. Nearly 200 warning letters were sent out to prior offenders. NPT officers also engaged with Oxnard's homeless community and responded to over 5,200 calls for service related to homelessness.
Total Investment: $5.39 million
COMMITMENT TO FINANCIAL TRANSPARENCY AND ACCOUNTABILITY The FY 2022-23 spending report has been independently audited as part of the City's annual audit, conducted by the accounting firm Eadie+Payne.
PUBLIC WORKS
Total Investment: $3.18 million
Invested $2.25 million to restore alleys citywide as part of a one-time Measure O Capital Improvement project.
Measure O also funded the majority of the maintenance budget of College Park and East Village Park; street projects; roadway repair; and alleyway resurfacing.
Also funded debt service for the 2014 lease revenue street bond and alley reconstruction.
HOUSING
In FY 2022-23, 132 people were permanently housed. The Street Outreach program, which offers street level services and relocation to shelter to unhoused community members, averaged 147 engagements per month.
Total Investment: $2.17 million
Measure O also funded the operation of the 110-bed shelter at the Oxnard Navigation Center.
During the pandemic, Ventura County protocols limited the shelter’s capacity to 80 residents, prioritizing the most vulnerable members of the community. The Center returned to its full 110-bed capacity in FY 2023-24.
CULTURAL & COMMUNITY SERVICES
Total Investment: $1.99 million
FIRE DEPARTMENT
Supported Oxnard’s Advanced Life Support (ALS) and paramedic program. In 2022, Oxnard Fire paramedics averaged a response time of 5 minutes and 15 seconds. Measure O also funded Fire Station 8 bond debt.
Total Investment: $1.66 million
INFORMATION TECHNOLOGY
Supported the operation of the Public Safety 911 Computer-Aided Dispatching (CAD) system and Law Enforcement Record Management System (LERMS). These critical systems process calls and assist dispatchers to send first responder resources to where they are needed and communicate with Mobile Data Computers (MDC’s) in patrol units.
Total Investment: $928,015
CITY MANAGER /NON-DEPARTMENTAL
Paid for the funding for Spanish language translation services at City Council meetings and the ability to broadcast this as second audio programming (SAP) on the City's government channel. Funded the payment for the independent Measure O audit report to ensure financial transparency.
Paid for an Equipment Refresh/Update, replacing old and outdated equipment to improve functionality and increase the City’s cyber resilience and security.
Also supported the ongoing enhancement activities to the Ormond Beach wetlands area.
Total Investment: $325,114
COMMUNITY DEVELOPMENT SERVICES
Funded the Safe Homes, Safe Families program, which supports funding a Code Compliance Inspector and support staff to address substandard code compliance cases. In FY 2022-23, 414 cases qualified for review by the program.
Total Investment: $345,761
EXPENDITURES REVENUE
$17.31M $17.81M
$16.43M
$19.3M $19.3M
$17.3M
$21.2M
$16.8M
$21.2M
$16M
FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23
The audited Annual
Comprehensive Financial
Report (ACFR) for FY 2023
shows a Measure O fund
balance of $23.7 million.
Maintaining an adequate
balance is crucial to meet
financial obligations
extending beyond
Measure O’s sunset,
including the fire station
bond debt, which must be
paid off by 2032, four years
after the sales tax expires.
Funded the City Corps Townkeeping program, which included servicing 132 bus stops and 40 concrete trash cans across the city three times per week, as well as 106 downtown trash cans three times per week. Over 18,500 pounds of waste was removed from City alleyways. Prepared and served over 45,090 congregate hot meals and home delivered meals through the Senior Nutrition Program. Measure O also supports the Homework Center at the Main Library; Day at the Park program for Special Populations; College Park recreational sports monitors; Pre-School to You school year program; the 8-week summer Mobile Activity Center (MAC) in local parks; and the Police Activities League summer basketball program for 144 youth. ***ECRWSSEDDM***
RESIDENTIAL CUSTOMER
81 Los fondos de la Medida O de $16 millones se invirtieron en las siguientes prioridades aprobadas por el concejo:
INFORME ANUAL PARA LA COMUNIDAD
AÑO FISCAL 2022-23
WWW.OXNARD.GOV/MEASURE-O-FINANCIALS
DEPARTAMENTO DE POLICIA
Financió 16 puestos de oficiales de policía, incluido el Equipo de Vigilancia Vecinal (NPT, por sus siglas en inglés) de Oxnard, un grupo de oficiales que se especializan en la resolución de problemas vecinales y la participación comunitaria proactiva. El NPT lideró el esfuerzo de control de fuegos artificiales en 2022 y recibió más de 300 alertas a través de la línea directa y el correo electrónico para reportar fuegos artificiales. Se enviaron casi 200 cartas de advertencia a infractores anteriores. Los oficiales del NPT también colaboraron con la comunidad de personas sin hogar de Oxnard y respondieron a más de 5,200 llamadas de servicios relacionados con las personas sin hogar.
Inversión total: $5.39 millones
COMPROMISO DE TRANSPARENCIA Y RESPONSABILIDAD FINANCIERA El informe de gastos del año fiscal 2022-23 ha sido auditado de forma independiente como parte de la auditoría anual de la ciudad, realizada por la firma contable Eadie+Payne.
OBRAS PÚBLICAS
Inversión total: $3.18 millones
Se invirtieron $2.25 millones para restaurar callejones en toda la ciudad como parte de un proyecto único de mejora de capital de la Medida O.
La Medida O también financió la mayor parte del presupuesto de mantenimiento de College Park y East Village Park; proyectos de calles; reparación de carreteras; repavimentación de callejones.
También financió el servicio de la deuda para el bono de calles de ingresos por arrendamiento de 2014 y la reconstrucción de callejones.
DEPARTAMENTO DE VIVIENDA
En el año fiscal 2022-23, 132 personas recibieron alojamiento permanente. El programa Street Outreach, que ofrece servicios a nivel de calle y reubicación en refugios a miembros de la comunidad sin vivienda, alcanzó un promedio de 147 personas por mes.
Inversión total: $2.17 millones
La Medida O también financió el funcionamiento del refugio de 110 camas en el Centro de Navegación de Oxnard. Durante la pandemia, los protocolos del Condado de Ventura limitaron la capacidad del refugio a 80 residentes, dando prioridad a los miembros más vulnerables de la comunidad. El centro volvió a su capacidad total de 110 camas en el año fiscal 2023-24.
SERVICIOS CULTURALES Y COMUNITARIOS
Inversión total: $1.99 millones
DEPARTAMENTO DE BOMBEROS
Financió el programa de soporte vital avanzado y el programa de paramédicos de Oxnard.
En 2022, los paramédicos de Oxnard Fire tuvieron un tiempo de respuesta promedio de 5 minutos y 15 segundos. La Medida O también financió la deuda de bonos financieros de la Estación de Bomberos 8.
Inversión total: $1.66 millones
TECNOLOGÍAS DE INFORMACIÓN
Financió la operación del sistema de despacho asistido por computadora (CAD, por sus siglas en inglés) del 911 de seguridad pública y del sistema de gestión de registros policiales (LERMS, por sus siglas en inglés). Estos sistemas críticos procesan llamadas y ayudan a los despachadores a enviar recursos de primeros auxilios a donde se necesitan y a comunicarse con las computadoras de datos móviles (MDC, por sus siglas en inglés) en las unidades de patrulla.
Inversión total: $928,015
ADMINISTRADOR DE LA CIUDAD / NO DEPARTAMENTAL
Pagó el financiamiento de los servicios de traducción al español en las reuniones del Concejo Municipal y la capacidad de transmitir esto como segunda programación de audio (SAP, por sus siglas en inglés) en el canal del gobierno de la Ciudad. También financió el pago del informe de auditoría independiente de la Medida O para garantizar la transparencia financiera.
Inversión total: $325,114
SERVICIOS DE DESARROLLO COMUNITARIO
Financiamos el programa Safe Homes, Safe Families, que apoya la financiación de un inspector de cumplimiento del código y personal de apoyo para abordar casos de cumplimiento deficiente del código. En el año fiscal 2022-23, 414 casos calificaron para ser revisados por el programa.
Inversión total: $345,761
GASTOS INGRESOS
$17.31 millones
$17.81 millones $16.43 millones
$19.3 millones
$19.3 millones
$17.3 millones
$21.2 millones
$16.8 millones
$21.2 millones
$16 millones
año fiscal
2018-19
año fiscal
2019-20
año fiscal
2020-21
año fiscal
2021-22
año fiscal
2022-23
El Informe Financiero Anual
Integral (ACFR, por sus siglas en
inglés) auditado para el año fiscal
2023 muestra un saldo del fondo
de la Medida O de $23.7 millones.
Mantener un equilibrio adecuado
es crucial para cumplir con las
obligaciones financieras que se
extienden más allá de la
expiración de la Medida O,
incluida la deuda del bono de la
estación de bomberos, que debe
pagarse antes de 2032, cuatro
años después de que expire el
impuesto sobre las ventas.
Financió el programa de Townkeeping de City Corps, que incluye el mantenimiento de 132 paradas de autobús y 40 botes de basura de concreto en la ciudad tres veces por semana, así como 106 botes de basura en el centro de la ciudad tres veces por semana. Se retiraron más de 18,500 libras de desechos de los callejones en la ciudad.
POLICÍA
Se prepararon y sirvieron 45,090 comidas calientes colectivas, así como comidas entregadas a domicilio, a través del programa de nutrición para personas mayores.
La Medida O también financió el Centro de Tareas en la Biblioteca Principal; programa de Día en el Parque para poblaciones especiales; monitores de deportes recreativos de College Park; programa del año escolar Pre-School to You; el Centro Móvil de Actividades (MAC, por sus siglas en inglés) de verano de 8 semanas en parques locales; y el programa de baloncesto de verano de la Liga de Actividades Policiales (PAL, por sus siglas en inglés) para 144 jóvenes.
Se pagó por una actualización/renovación de equipos, reemplazando equipos viejos y obsoletos para mejorar la funcionalidad y aumentar la resiliencia y seguridad cibernética de la ciudad.
También financió las actividades de mejora en curso en el área de humedales de Ormond Beach.
82 Update on Status and Accomplishments of Current
Measure O Projects
Presentation to the City Council
May 6, 2025
Presented by:
Annie Jensen, Project Manager
83 That the City Council receive and file this report on the status and accomplishments of currently active Measure O projects.
Recommendation 2
84 There are three types of Measure O projects. They are:
1) One-time funded projects (25 total)
2) Ongoing operational projects (19 total)
3) Ongoing debt service projects (5 total)
Types of Projects 3
85 • C2547 (Purchase of a 10-ton dump truck): purchase
order going to City Council for approval on April 29, 2025 • C2548 (purchase of a backhoe): new backhoe
received, began service on February 19, 2025. Only final close-out processing remains.
Detailed Project Update - Streets 4
86 Progress made in 2024:
• 35 intersections received new controllers and conflict monitors
• Signal cabinets modernized at various locations
• Next step: new controllers and conflict monitors at an additional 40 intersections
Detailed Project Update - Traffic Signal Modernization 5 87 Detailed Project Update - Senior Nutrition Program 6 Project Name Expenses as of
2/28/2025
Status Update Project
Accomplishments
M1305 - Senior
Nutrition Program
$102,720 of the
$395,237 annual
budget
The City continues to
provide senior
nutrition meals
weekdays at Wilson,
Palm Vista and
Colonia Senior
Center as well as
delivering meals to
homebound seniors.
● 20,607
congregate
meals were
served.
● 24,145
home-delivered
meals were
served.
● The City
currently serves
159
homebound
seniors and
390
congregate
participants.
88 Detailed Project Update - Safe Homes Safe Families 7 Project Name Expenses as of
2/28/2025
Status Update Project
Accomplishments
M1806 - Safe Homes
Safe Family
$215,772 of the
$450,443 annual
budget
Safe Homes Safe
Families currently has
29 property owners
enrolled in the
program,
encompassing 63
individual properties.
As many of these
enrolled properties
are multi-family units,
there is a total of 878
units being monitored
for compliance.
Additionally, there are
18 properties that are
in the process of
being added to the
SHSF program.
In 2024 the SHSF
program was required
to review 395 newly
reported substandard
housing complaints or
reports of unpermitted
construction.
For 2024, 104 SHSF
cases have been
found to be in
compliance.
To date, 17 properties
have been removed
from the program.
89 The following projects were completed in 2024:
1) IT Contractors
2) IT Equipment Refresh/Upgrades
3) High-Pressure Breathing Air Compressor
4) Chemical Analyzer
5) FEMA Grants City Matches
6) Plan Check Consulting Service - Fire
7) Portable Stormwater Pump
8) Roof Replacement – PACC Rental
9) Roof Replacement – Wilson Center
10) Roof Replacement – Sturgis Annex
11) New Senior Center
12) Backhoe Purchase - Streets
Projects Completed in 2024 8
90 1) M1203 – CAD/RMS Operational (ongoing)
• Operations have been transferred to the general fund
2) M1407 – Integrated LIbrary System (ongoing)
• Operations have been transferred to the general fund
3) M1303 – Library Wifi Operational (ongoing)
• Operations have been transferred to the general fund
Projects Weaned in 2024 9
91 1) C2111 - Citywide Alleyway Resurfacing (one-time)
• Consolidated into project C2102 (also titled “Citywide Alleyway Resurfacing”)
• C2111 removed from list so as not to be double-counted Projects Removed in 2024 10
92 QUESTIONS
11 93
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: May 6, 2025
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Monthly Investment Report for the period ending March 31, 2025.
RECOMMENDATION
This is an information item for the City Council to receive and file. (This item did not originate in Committee)
BACKGROUND
The City of Oxnard (City) invests funds in compliance with the California Government Code Section 53600 et. Seq., and the City’s Investment Policy. This report follows the guidelines established in the California Government Code section 53646 and the City’s adopted Investment Policy.
DISCUSSION
The City’s total cash and investment position as of March 31, 2025 was $476.5 million, with $15.7 million in cash accounts and $460.8 million in investments, as summarized in the table below. 94 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 March 31, 2025 by authorized investment and duration for a total portfolio amount of $460.8 million.
PORTFOLIO TRENDS
The cash and investment position, as of March 31, 2025, decreased by $8.1 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.
95 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.
The chart below represents the City’s investment portfolio classified by days until maturities from March 31, 2025.
Pooled investments in LAIF and Ventura County Investment Pooled provide immediate liquidity to support cash flow needs of the City, and are included in the maturity group 0 to 30 days.
The City’s average return on investment for the month of March 2025 was 3.08%. LAIF average monthly effective yields 96 for the same period was 4.31%. 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.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. Monthly Investment Report
2. Presentation March 2025 Investment Report
97 Investment report
for the month Ended in March 31, 2025
City of Oxnard
Javier Chagoyen‐Lazaro DateChief Financial Officer
City of OxnardInvestments 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 nextsix 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 04/17/2025
98 City of Oxnard
Cash and Investment Summary
Month Ended
March 31, 2025
Cash and Investment Position March 2025
Cash
Bank of America General Account 8,668,694.59 $
Bank of America Successor Agency Account 6,619,120.89
Bank of America Citations Account 455,022.79
Bank of America Golf Course Account ‐ Total Cash 15,742,838.27
Investments
Local Agency Investment Fund (LAIF) 70,000,000.00
Ventura County Investment Pool (VCIP) 51,164,861.60
Certificates of Deposits ‐
Bank Notes ‐
Municipal Bonds ‐
Federal Agency ‐
Supra‐National Agency Bonds * ‐ Medium Term Notes * 28,663,678.22
U.S. Treasury Notes * 9,974,073.54
U.S. Government Sponsored Entities * 300,948,158.80
Total Investments 460,750,772.16
Total Cash and Investments 476,493,610.43 $
* Market Value
99 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
March 1 ‐ March 31, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date Pooled InvestmentsCounty 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
31422XAS1 Farmer Mac 3/2/2021 1,000,000.00 967,803.00 1,000,000.00 0.61 335 0.61 3/2/2026 3133ERP70 Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,089,752.22 9,993,451.03 4.25 1,000 4.294 12/27/2027 3133ERQ20 Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,011,120.00 10,000,000.00 4.63 1,003 4.63 12/30/2027 3133ERT27 Federal Farm Credit Bank 1/16/2025 10,000,000.00 10,014,071.67 10,000,170.22 4.67 1,017 4.684 1/13/2028 3133ERN31 Federal Farm Credit Bank 1/16/2025 5,000,000.00 5,032,133.89 4,997,605.61 4.34 996 4.468 12/23/2027 3133ENBK5 Federal Farm Credit Bank 10/20/2021 1,000,000.00 956,349.00 1,000,000.00 1.14 567 1.14 10/20/2026 3130AQKJ1 Federal Home Loan Bank 1/28/2022 1,000,000.00 958,714.00 1,000,000.00 1.7 667 1.7 1/28/20273130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 963,803.00 1,000,000.00 2 687 2 2/17/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 963,803.00 1,000,000.00 2 687 2 2/17/2027 3130AQSM6 Federal Home Loan Bank 2/25/2022 1,000,000.00 964,296.00 1,000,000.00 2.05 695 2.05 2/25/2027 3130AQRH8 Federal Home Loan Bank 2/25/2022 1,000,000.00 963,397.00 1,000,000.00 2 695 2 2/25/2027 3130AQRK1 Federal Home Loan Bank 2/25/2022 1,000,000.00 964,370.00 1,000,000.00 2.03 695 2.03 2/25/20273130AQYG2 Federal Home Loan Bank 2/28/2022 1,000,000.00 971,836.00 1,000,000.00 2.5 695 2.493 2/25/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,000,000.00 1,935,132.00 2,000,000.00 2.25 702 2.25 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 966,668.00 1,000,000.00 2.2 702 2.2 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 966,668.00 1,000,000.00 2.2 702 2.2 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,300,000.00 1,256,668.40 1,298,498.50 2.2 702 2.264 3/4/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,700,000.00 2,612,428.20 2,698,960.50 2.25 702 2.271 3/4/20273130AR2D2 Federal Home Loan Bank 3/10/2022 1,000,000.00 991,236.00 1,000,000.00 3.25 708 3.034 3/10/2027 3130ARAX9 Federal Home Loan Bank 3/30/2022 1,000,000.00 979,045.00 1,000,000.00 3 723 3 3/25/2027 3130ARDV0 Federal Home Loan Bank 4/8/2022 1,000,000.00 979,045.00 1,000,000.00 3 723 3 3/25/20273130ARZF1 Federal Home Loan Bank 5/9/2022 2,600,000.00 2,589,420.60 2,600,000.00 3.4 161 3.401 9/9/2025 3130ARZE4 Federal Home Loan Bank 5/25/2022 2,000,000.00 1,997,314.00 2,000,000.00 4.2 784 4.186 5/25/20273130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 993,815.00 1,000,000.00 4 785 4 5/26/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 993,815.00 1,000,000.00 4 785 4 5/26/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 993,815.00 1,000,000.00 4 785 4 5/26/2027 3130AS4F3 Federal Home Loan Bank 6/9/2022 2,000,000.00 1,987,994.00 2,000,000.00 4 783 4 5/24/2027 3130AS4F3 Federal Home Loan Bank 6/9/2022 2,000,000.00 1,987,994.00 2,000,000.00 4 783 4 5/24/2027 3130ASFQ7 Federal Home Loan Bank 6/29/2022 1,000,000.00 993,613.00 999,887.78 4 819 4.006 6/29/2027 3130ASHT9 Federal Home Loan Bank 7/12/2022 1,000,000.00 1,000,115.00 1,000,000.00 4.5 832 4.5 7/12/2027 3130ASGP8 Federal Home Loan Bank 7/14/2022 2,000,000.00 1,997,750.00 2,000,000.00 4.1 104 4.1 7/14/2025 3130ASF38 Federal Home Loan Bank 7/22/2022 1,000,000.00 995,092.00 1,000,000.00 4.1 842 4.1 7/22/2027 3130ASLA5 Federal Home Loan Bank 7/26/2022 1,000,000.00 998,275.00 1,000,000.00 4.5 846 4.5 7/26/2027 3130ASNN5 Federal Home Loan Bank 7/28/2022 1,000,000.00 999,225.00 1,000,000.00 4.375 848 4.375 7/28/2027 3130AYYJ9 Federal Home Loan Bank 2/15/2024 1,000,000.00 999,876.00 1,000,000.00 5 1,416 5 2/15/20293130B1LW5 Federal Home Loan Bank 5/30/2024 2,000,000.00 1,998,170.00 2,000,000.00 5.25 423 5.25 5/29/2026 100
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
March 1 ‐ March 31, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3130B2ZR9 Federal Home Loan Bank 10/3/2024 2,500,000.00 2,483,912.50 2,500,000.00 4.05 906 0.56 9/24/2027 3130B33X9 Federal Home Loan Bank 10/18/2024 7,000,000.00 6,963,390.00 6,996,739.88 4.5 1,652 4.539 10/9/20293130B3UC5 Federal Home Loan Bank 11/26/2024 5,755,000.00 5,767,345.76 5,757,496.93 4.7 962 4.704 11/19/2027 3130APN43 Federal Home Loan Bank 12/31/2024 10,000,000.00 9,771,360.00 9,740,235.70 2.25 574 4.25 10/27/2026 3130B4B42 Federal Home Loan Bank 12/31/2024 10,000,000.00 10,020,937.78 10,005,697.56 4.625 996 4.643 12/23/20273130AKLL8 Federal Home Loan Bank 12/30/2020 2,000,000.00 1,944,750.00 2,000,000.00 0.5 273 0.5 12/30/20253130AKN36 Federal Home Loan Bank 1/20/2021 2,000,000.00 1,942,306.00 2,000,000.00 0.525 289 0.525 1/15/2026 3130AKNK8 Federal Home Loan Bank 1/20/2021 5,000,000.00 4,896,415.00 5,000,000.00 0.5 202 0.5 10/20/20253130AKNK8 Federal Home Loan Bank 1/20/2021 1,000,000.00 979,283.00 1,000,000.00 0.5 202 0.5 10/20/20253130AKQ74 Federal Home Loan Bank 1/22/2021 5,000,000.00 4,856,700.00 5,000,000.00 0.625 296 0.625 1/22/20263130AKMD5 Federal Home Loan Bank 1/26/2021 5,000,000.00 4,849,860.00 4,999,590.28 0.5 300 0.51 1/26/2026 3130AKNR3 Federal Home Loan Bank 1/26/2021 1,000,000.00 970,448.00 1,000,000.00 0.56 300 0.56 1/26/20263130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,861,755.00 5,000,000.00 0.75 301 0.609 1/27/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,861,755.00 5,000,000.00 0.75 301 0.609 1/27/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,943,326.00 2,000,033.00 0.7 302 0.698 1/28/20263130AKRN8 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,941,988.00 2,000,000.00 0.65 302 0.65 1/28/20263130AKQX7 Federal Home Loan Bank 1/28/2021 5,000,000.00 4,858,315.00 5,000,000.00 0.7 302 0.7 1/28/20263130AKQ82 Federal Home Loan Bank 1/28/2021 1,500,000.00 1,455,892.50 1,500,000.00 0.6 302 0.6 1/28/20263130AKPN0 Federal Home Loan Bank 1/29/2021 2,000,000.00 1,941,018.00 2,000,000.00 0.6 303 0.6 1/29/20263130AKVN3 Federal Home Loan Bank 1/29/2021 1,000,000.00 969,867.00 1,000,000.00 0.52 303 0.52 1/29/20263130AKVQ6 Federal Home Loan Bank 1/29/2021 1,000,000.00 978,182.00 1,000,000.00 0.47 211 0.47 10/29/2025 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 971,131.00 1,000,000.00 0.75 314 0.539 2/9/2026 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 971,131.00 1,000,000.00 0.75 314 0.54 2/9/2026 3130AKTJ5 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,938,432.00 2,000,000.00 0.54 314 0.54 2/9/20263130AKVA1 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,942,624.00 2,000,000.00 0.75 314 0.564 2/9/2026 3130AKVR4 Federal Home Loan Bank 2/12/2021 1,000,000.00 970,126.00 1,000,000.00 0.55 317 0.55 2/12/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 2,000,000.00 1,939,586.00 1,999,102.78 0.625 329 0.676 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 968,588.00 999,856.44 0.6 329 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 5,000,000.00 4,842,940.00 4,999,282.22 0.6 329 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 3,000,000.00 2,905,764.00 3,000,000.00 0.6 329 0.6 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 968,588.00 999,910.28 0.6 329 0.61 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 968,588.00 999,910.28 0.6 329 0.61 2/24/2026 3130ALCB8 Federal Home Loan Bank 2/24/2021 1,000,000.00 969,629.00 1,000,000.00 0.68 329 0.68 2/24/20263130AL7M0 Federal Home Loan Bank 2/24/2021 1,000,000.00 969,793.00 999,910.28 0.625 329 0.635 2/24/2026 3130ALFS8 Federal Home Loan Bank 3/10/2021 1,000,000.00 968,874.00 1,000,000.00 0.8 343 0.8 3/10/20263130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 967,967.00 1,000,000.00 0.8 349 0.8 3/16/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 967,967.00 1,000,000.00 0.8 349 0.8 3/16/2026 3130ALGB4 Federal Home Loan Bank 3/17/2021 1,000,000.00 967,889.00 1,000,000.00 0.8 350 0.8 3/17/2026 3130ALGJ7 Federal Home Loan Bank 3/23/2021 975,000.00 945,846.53 975,000.00 1 356 1 3/23/2026 3130ALGC2 Federal Home Loan Bank 3/23/2021 1,000,000.00 968,131.00 1,000,000.00 0.875 356 0.875 3/23/2026 3130ALLN2 Federal Home Loan Bank 3/24/2021 2,000,000.00 1,945,844.00 2,000,000.00 1.5 357 0.871 3/24/2026 101
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
March 1 ‐ March 31, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3130AM2F8 Federal Home Loan Bank 4/29/2021 1,000,000.00 969,044.00 1,000,000.00 1.125 393 1.125 4/29/2026 3130AM4L3 Federal Home Loan Bank 4/29/2021 1,000,000.00 969,964.00 1,000,000.00 1.25 393 1.1 4/29/2026 3130AMJH6 Federal Home Loan Bank 5/26/2021 1,000,000.00 964,999.00 1,000,000.00 1.05 420 1.05 5/26/2026 3130AML42 Federal Home Loan Bank 5/27/2021 1,000,000.00 968,001.00 1,000,000.00 1.2 421 0.957 5/27/2026 3130AMCM2 Federal Home Loan Bank 6/3/2021 1,250,000.00 1,241,821.25 1,249,929.56 2 406 1.543 5/12/2026 3130AMM41 Federal Home Loan Bank 6/16/2021 5,000,000.00 4,814,420.00 5,000,000.00 1 441 1 6/16/2026 3130AMPT3 Federal Home Loan Bank 6/23/2021 5,000,000.00 4,813,535.00 5,000,000.00 1.03 448 1.03 6/23/2026 3130AMYP1 Federal Home Loan Bank 7/15/2021 3,000,000.00 2,891,358.00 3,000,000.00 1.125 470 1.125 7/15/2026 3130ANWH9 Federal Home Loan Bank 9/24/2021 1,000,000.00 957,337.00 1,000,000.00 1.08 532 1.08 9/15/2026 3130ANYS3 Federal Home Loan Bank 10/12/2021 1,000,000.00 996,958.00 999,958.02 0.625 29 0.678 4/30/2025 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 956,180.00 1,000,000.00 1.1 560 1.1 10/13/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 956,180.00 1,000,000.00 1.1 560 1.1 10/13/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 955,383.00 1,000,000.00 1.05 562 1.05 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 955,383.00 1,000,000.00 1.05 562 1.05 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 955,383.00 1,000,000.00 1.05 562 1.05 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 955,235.00 999,907.67 1.04 562 1.046 10/15/20263130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 955,383.00 1,000,000.00 1.05 562 1.05 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 955,235.00 1,000,000.00 1.04 562 1.04 10/15/20263130APAY1 Federal Home Loan Bank 10/21/2021 3,000,000.00 2,866,980.00 3,000,000.00 1.1 568 1.1 10/21/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 1,000,000.00 956,335.00 1,000,000.00 1.15 569 1.15 10/22/20263130APBF1 Federal Home Loan Bank 10/22/2021 2,000,000.00 1,912,670.00 2,000,000.00 1.15 569 1.15 10/22/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,913,594.00 2,000,000.00 1.2 573 1.2 10/26/2026 3130APC45 Federal Home Loan Bank 10/26/2021 1,000,000.00 956,727.00 1,000,000.00 1.18 573 1.18 10/26/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,913,594.00 1,999,686.11 1.2 573 1.21 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 957,551.00 1,000,000.00 1.25 573 1.25 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,915,102.00 2,000,000.00 1.25 573 1.25 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 957,551.00 1,000,000.00 1.25 573 1.25 10/26/2026 3130APG82 Federal Home Loan Bank 10/28/2021 1,000,000.00 969,958.00 1,000,000.00 1.25 575 1.264 10/28/2026 3130APHV0 Federal Home Loan Bank 10/28/2021 2,000,000.00 1,912,700.00 2,000,000.00 1.18 575 1.18 10/28/20263130APDQ5 Federal Home Loan Bank 10/28/2021 1,000,000.00 957,410.00 1,000,000.00 1.25 575 1.25 10/28/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 956,521.00 1,000,000.00 1.25 588 1.25 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 956,521.00 999,195.83 1.25 588 1.302 11/10/20263130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 956,521.00 1,000,000.00 1.25 588 1.25 11/10/20263130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 956,342.00 1,000,000.00 1.375 594 1.375 11/16/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 956,342.00 1,000,000.00 1.375 594 1.375 11/16/2026 3130APL37 Federal Home Loan Bank 11/16/2021 1,000,000.00 958,017.00 1,000,000.00 1.4 594 1.4 11/16/2026 3130APNK7 Federal Home Loan Bank 11/18/2021 1,000,000.00 957,461.00 1,000,000.00 1.375 596 1.375 11/18/20263130APPZ2 Federal Home Loan Bank 11/23/2021 1,000,000.00 959,194.00 1,000,000.00 1.5 601 1.5 11/23/20263130AQ3T8 Federal Home Loan Bank 12/23/2021 1,000,000.00 967,493.00 1,000,000.00 2 631 1.641 12/23/2026 3130AQAB9 Federal Home Loan Bank 12/30/2021 1,250,000.00 1,198,595.00 1,250,000.00 1.625 638 1.625 12/30/2026 3134GXQF4 Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 982,898.00 1,000,000.00 3.25 742 3.25 4/13/2027 102
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
March 1 ‐ March 31, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3134GXSH8 Federal Home Loan Mtg Corp 5/17/2022 1,000,000.00 995,278.00 1,000,000.00 4 776 4 5/17/2027 3134GXTD6 Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,996,758.00 2,000,000.00 3.5 52 3.5 5/23/20253134GXSZ8 Federal Home Loan Mtg Corp 5/23/2022 2,000,000.00 1,996,444.00 2,000,000.00 3.4 52 3.4 5/23/2025 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,997,898.00 2,000,000.00 4 785 4.213 5/26/20273134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 1,000,000.00 998,949.00 1,000,000.00 4 785 4.213 5/26/2027 3134GXUF9 Federal Home Loan Mtg Corp 5/26/2022 2,000,000.00 1,997,898.00 2,000,000.00 4 785 4.213 5/26/20273134GXTE4 Federal Home Loan Mtg Corp 5/27/2022 1,000,000.00 994,147.00 1,000,000.00 4 786 4 5/27/20273134GXZN7 Federal Home Loan Mtg Corp 7/12/2022 1,000,000.00 997,270.00 1,000,000.00 4.25 832 4.25 7/12/2027 3134GXD50 Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 998,319.00 1,000,000.00 4 111 4 7/21/2025 3134GXD50 Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 998,319.00 1,000,000.00 4 111 4 7/21/20253134GXE67 Federal Home Loan Mtg Corp 7/28/2022 1,000,000.00 997,235.00 1,000,000.00 4.25 848 4.25 7/28/2027 3134GXQ23 Federal Home Loan Mtg Corp 8/25/2022 1,000,000.00 997,037.00 1,000,000.00 4.25 876 4.25 8/25/2027 3137EAEX3 Federal Home Loan Mtg Corp 10/3/2024 2,500,000.00 2,454,382.50 2,458,326.86 0.375 175 3.966 9/23/20253134HAF40 Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,005,030.00 5,000,000.00 4.7 969 4.7 11/26/2027 3134HAF40 Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,005,030.00 5,000,000.00 4.7 969 4.7 11/26/2027 3134HA3T8 Federal Home Loan Mtg Corp 1/17/2025 10,000,000.00 10,012,490.00 9,997,671.77 4.55 1,018 4.559 1/14/20283134HBBV2 Federal Home Loan Mtg Corp 2/28/2025 10,000,000.00 10,006,460.00 10,000,000.00 4.47 1,060 4.47 2/25/2028 3134HBBU4 Federal Home Loan Mtg Corp 2/27/2025 10,000,000.00 9,976,700.00 10,000,000.00 4.64 1,428 4.64 2/27/2029 3134GXKJ2 Federal Home Loan Mtg Corp 1/22/2021 2,000,000.00 1,941,770.00 2,000,000.00 0.55 296 0.55 1/22/2026 Local Agency Investment Funds
LAIF LAIF 70,000,000.00 70,000,000.00 70,000,000.00 4.313 1 4.313 Medium Term Notes037833DX5 Apple Inc. 1/26/2021 1,000,000.00 985,179.00 1,000,048.19 0.55 141 0.537 8/20/2025 037833EB2 Apple Inc. 2/8/2021 1,000,000.00 969,872.00 999,991.47 0.7 313 0.071 2/8/2026 06048WS43 Bank of America 2/18/2022 3,000,000.00 2,971,362.00 3,000,000.00 2 139 2 8/18/2025 06048WV98 Bank of America 5/27/2022 2,000,000.00 1,979,534.00 2,000,000.00 4.05 421 4.05 5/27/2026 06048WW63 Bank of America 6/22/2022 1,000,000.00 998,636.00 1,000,000.00 5 812 5 6/22/2027 06051GFS3 Bank of America 1/8/2021 1,000,000.00 997,524.00 1,010,032.38 3.875 122 0.804 8/1/2025 06048WL32 Bank of America 2/24/2021 1,000,000.00 964,119.00 1,000,000.00 0.8 329 0.08 2/24/2026 06048WL99 Bank of America 5/14/2021 1,000,000.00 965,559.00 1,000,000.00 1.4 408 1.4 5/14/2026 06048WL99 Bank of America 5/14/2021 2,000,000.00 1,931,118.00 2,000,000.00 1.4 408 1.4 5/14/2026 06048WL99 Bank of America 5/14/2021 2,000,000.00 1,931,118.00 2,000,000.00 1.4 408 1.4 5/14/2026 06048WM64 Bank of America 7/12/2021 1,000,000.00 961,194.00 999,623.98 1.2 450 1.231 6/25/2026 06048WM72 Bank of America 7/30/2021 1,000,000.00 958,602.00 1,000,000.00 1.2 485 1.2 7/30/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 947,272.00 1,000,000.00 1.25 541 1.25 9/24/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 947,272.00 1,000,000.00 1.25 541 1.25 9/24/2026 06748WMK6 Barclays Bank PLC 10/29/2021 1,000,000.00 995,715.00 1,000,000.00 1 28 1 4/29/2025 17290A2M1 Citi Bank 7/21/2021 1,000,000.00 957,293.00 1,000,000.00 1.4 476 1.4 7/21/2026 38150AH99 Goldman Sachs 8/17/2021 1,000,000.00 953,378.00 1,000,000.00 1.35 503 1.35 8/17/2026 24422EVK2 John Deere Capital 1/27/2021 3,000,000.00 2,916,732.00 3,000,000.00 0.7 289 0.7 1/15/202648133MAB6 JP Morgan 8/15/2022 1,000,000.00 982,981.00 1,000,000.00 4.2 864 4.2 8/13/2027 103
Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
March 1 ‐ March 31, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 943,375.00 1,000,000.00 1.2 514 1.2 8/28/2026 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 943,375.00 1,000,000.00 1.2 514 1.2 8/28/2026 53961LAF6 Local Initiatives Support 1/28/2021 1,510,000.00 1,462,468.22 1,510,000.00 0.95 289 0.95 1/15/2026 Treasury Coupon Securities
91282CFP1 U.S. Treasury 10/3/2024 2,500,000.00 2,500,175.00 2,504,389.39 4.25 197 3.914 10/15/2025 91282CLS8 U.S. Treasury 11/26/2024 5,000,000.00 5,025,948.54 5,003,267.91 4.125 578 4.277 10/31/2026 Treasury Discounts ‐Amortizing912797MS3 U.S. Treasury 10/3/2024 2,500,000.00 2,447,950.00 2,451,824.97 3.77 184 3.935 10/2/2025TOTAL 467,004,861.60 460,750,772.16 466,660,054.98 104
Investment activities for the month of March 2025
Investment Purchases
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
3/25/2025 Deposit LAIF 5,000,000.00
Total Purchases $ 5,000,000.00Investment Maturities, Calls & Sales No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
3/10/2025 Withdrawal LAIF 10,000,000.003/11/2025 Maturity 459058JA2 Intl Bank Recon & Dev. 1,000,000.00 0.75 3/13/2025 Call 3130B0EQ8 Federal Home Loan Bank 1,000,000.00 5.3753/24/2025 Maturity 3130ALNU Federal Home Loan Bank 1,000,000.00 0.680 Total Maturities, Calls & Sales $ 13,000,000.00
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City of Oxnard
Monthly Investment Report
as of March 31, 2025
May 6, 2025
City Council
Presented by:
Javier Chagoyen-Lazaro, City of Oxnard
Chief Financial Officer
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Recommendation 2
That The City Council receive and file the City of Oxnard Monthly Investment Report as of March 31, 2025.
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City of Oxnard Cash and Investment as of March 31, 2025 Discussion 3
108
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 $70.00 $- $- $70.0 4.31% 15.19%
VCIP n/a 51.2 - - 51.2 4.53% 11.10%
Federal Agencies n/a 90.2 192.8 17.9 300.9 2.66% 65.32% Medium Term Notes 30% 12.3 16.4 - 28.7 1.57% 6.22%
Treasuries n/a 4.9 5.0 - 10.0 4.10% 2.16%
Total Investment $228.6 $214.2 $17.9 $460.8 3.08% 100%
*Total may not add due to rounding
Investment Compliance
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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 Feb-25 Mar-25 Millions
Cash and Investment Position
Investments Market Value VCIP LAIF Cash
110
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 March 31, 2025
111
Discussion 7
Investment Return Trend
2.07%
2.50%
3.08%
2.83%
3.17%
4.31%
3.81%
4.49%
3.89%
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
Mar
2025
City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
112
Recommendation 8
That The City Council receive and file the City of Oxnard Monthly Investment Report as of March 31, 2025.
113
9 Questions / Discussion
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: May 6, 2025
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Establishing a Section 115 Trusts for OPEB and Pension Liabilities.
RECOMMENDATION
That the City Council:
1. Adopt a resolution establishing a Section 115 Trust for OPEB and Pension liabilities; and
2. Authorize the City Manager to execute agreements with the Trust Administrator, Custodian, and Trustee to create a 115 Trust accounts for the funding of future OPEB and Pension liabilities. (The Finance and Governance Committee approved 3-0 on April 22, 2025)
BACKGROUND
The City provides full-time employees with a defined benefit pension through the California Public Employee’s Retirement System (CalPERS) and pays other post-employment benefits (OPEB) to certain retirees or a group of retirees for health care costs. Most agencies “pay-as-you-go”, meaning that annually, they try to estimate these costs (using actuarial firms) and budget for the expense. CalPERS has significantly changed the methodology for calculating the Annual Required Contributions (ARC) in regard to amortizing the Unfunded Actuarial Accrued Liability (UAAL). Until recently, the only option for reducing the UAAL was to commit additional funds to CalPERS, subject to the same CalPERS investment returns. Furthermore, funds deposited with CalPERS are not accessible to the City for other pension expenses. The increased need to fund the requirement of CalPERS as well as the increasing number of retirees receiving health and other benefits is putting fiscal pressure on the City. As the retiree population grows, the cost of retiree benefit costs also grows proportionately. With a pay as you go basis, there are no assets to offset liabilities that accumulate over the working lifetime of employees. As a result, agencies face rising unfunded pension liability (“UAL”) and retiree medical costs. A Section 115 Trust is a prudent approach to funding for the future expenses and protecting the City’s assets.
Establishing a Section 115 Trust to prefund pension and OPEB obligations is a best practice recommended by the Government Finance Officers Association (GFOA). Some of the benefits that a Section 115 Trust program can provide for agencies include utilizing these trusts as a budget stabilization tool, improving the Agencies’ overall credit rating, an opportunity to earn higher investment returns, and decrease risks through diversification of plan assets using different asset management approaches. Additionally, given Governmental Accounting Standards Board (GASB) Statement, GASB No. 75, which requires that public agencies recognize OPEB liabilities on their balance sheet, establishing a trust will allow the City to recognize the assets set aside to reduce its UAAL.
Assets in a 115 Trust are irrevocably committed for the government function specified in the applicable trust agreement.
Additionally, monies held in such trusts can be invested in accordance with the rules governing those trusts, which are different than the investment rules for the City’s pooled investments. Investment restrictions that apply to the general fund of an Agency (CA Government Code 53601) do not apply to the assets held in an Irrevocable Section 115 Trust, thus allowing for more flexibility in the investment strategy. Setting aside funds in a Section 115 Trust can potentially 115
earn a higher rate of return than funds invested within 53601 guidelines.
On June 18, 2024, the City Council adopted the FY 2024-25 budget that includes the appropriation of $20 million of surplus funds for the paydown of the long-term pension debt.
On September 3, 2024, the City Council approved the implementation of the plan for long term debt reduction for pension and OPEB that includes the creation of the 115 trusts for pension and OEPB with funding of $2.5 million each.
DISCUSSION
On August 26, 2024, the City issued RFP #25-09 for Establishment, Administration, and Management services of Section 115 Trusts for Pension and OPEB.
Staff’s evaluation process concluded that the program offered by Shuster Advisory Group, LLC provides the greatest flexibility of investment options and the most competitive fees for the comprehensive services the City will receive.
Shuster Advisory Group, LLC (Shuster) is an independent investment advisory firm and fiduciary. They provide governmental and institutional retirement plan consulting services as well as private wealth management. Shuster is a SEC-Registered Investment Advisor with over $7 billion in assets under management serving the unique needs of over 100 municipalities, special districts and public agencies. They offer exceptional services, including compliance oversight, fiduciary support, and investment management. Shuster serves as fiduciary to plan investments and provides investment selection, monitoring and management. Shuster does not co-mingle client assets and provides a transparent platform and daily valuation. Shuster will provide ten investment strategies that combine both active and passive (index) investment solutions to take advantage of the optimum mix of investments from both an investment return and cost perspective. If desired, Shuster will also provide a custom portfolio at no additional cost. Within the Shuster Section 115 program:
Shuster provides trust administration, consultant, and investment advisor functions; Charles Schwab Trust Bank provides trust custodian services; and Alta Trust Company provides directed trustee services.
A total combined fee of 17 basis points (0.17%) of each plan’s portfolio (with an annual maximum Trustee fee of $5,000 per plan, a minimum annual Custody fee of $400 per plan, and the Administration fee that converts to a flat dollar after the end of the third contract year) will be netted against investment earnings and allocated to each trust account based on their investment balance.
As stated above, Shuster will provide ten investment strategy options that combine both active and passive (index) investment solutions to take advantage of the optimum mix of investments from both an investment return and cost perspective and if desired by the City, Shuster will also provide a custom portfolio at no additional cost.
A Section 115 Trust provides the City the opportunity for additional earnings above what the City could return using the traditional investment vehicles allowed by the Code, resulting in projected positive future fiscal impacts. There is no cost for account setup, and no fees are charged until assets are received by the custodian.
Shuster is the same firm that took over fiduciary responsibilities of the employee’s 457(b) deferred compensation and 401(a) plans in September of 2018. Shuster entered into the public retirement plan sector after analyzing the sector and realizing that cities and agencies were being underserved and over-charged for their retirement plans, directly impacting the supplemental retirement savings of the city employees. Hiring Shuster resulted in employees, participants, and retirees realizing significant savings on the fees of those accounts as well as access to an enhanced institutional investment menu.
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
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Contributions to the trusts for fiscal year 2024-25 are budgeted in the General Fund under 1011001 General NonDepartamental-51220 Discretionary contributions.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on April 22, 2025 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. Resolution
2. Multiple Employer OPEB Pension 115 Trust
3. PENSION Trust Adoption Agreement
4. PENSION Oxnard Administrative Services Agreement
5. PENSION Oxnard Investment Advisor Agmt
6. OPEB Trust Adoption Agreement
7. OPEB Oxnard Administrative Services Agreement
8. OPEB Oxnard Investment Advisor Agmt
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF OXNARD APPROVING THE ADOPTION OF THE
MULTIPLE EMPLOYER OPEB/PENSION 115 TRUSTS
ADMINISTERED BY SHUSTER ADVISORY GROUP, LLC
WHEREAS, the Governmental Accounting Standards Board (GASB) revised its accounting rules, referred to as GASB 75, to require local governments to recognize, cost and disclose future obligations for providing Other Post-Employment Benefits (OPEB); and WHEREAS, the City of Oxnard (City) provides OPEB to eligible employees and retirees in the form of retiree health care coverage as defined in applicable memorandums of understanding and pay plans; and
WHEREAS, the City provides pension benefits to eligible employees and retirees as a participant in the California Public Employees Retirement System (CalPERS) as defined in applicable memorandums of understanding and pay plans; and WHEREAS, Shuster Advisory Group, LLC (Shuster) has made available the Multiple Employer OPEB/Pension 115 Trust for the purpose of pre-funding pension obligations and/or OPEB obligations; and
WHEREAS, the City is eligible to participate in a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued thereunder, and the trust is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, Alta Trust Company satisfies the Trustee requirements under IRC section 115; and
WHEREAS, all qualified assets held in the Trust will be irrevocably dedicated to prefunding the City’s OPEB and pension obligations; and WHEREAS, the City’s adoption and operation of the Multiple Employer OPEB/Pension 115 Trust (Section 115 Trust) has no effect on any current or former employee’s entitlement to post-employment benefits; and
WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Section 115 Trust; and WHEREAS, the City’s funding of the Section 115 Trust does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Section 115 Trust; and
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WHEREAS, Shuster has set forth an Investment Policy Statement for the Section 115 Trust to ensure fiduciaries involved in the plan take prudent and careful action to maintain the investment portfolios, goals, and objectives while maintaining liquidity and risk tolerance.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, FIND, DETERMINE, AND DECLARE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the Multiple Employer OPEB/Pension 115 Trusts available through Shuster, effective May 6, 2025.
SECTION 2. The City Council hereby authorizes the appointment of Alta Trust Company as Trustee and Charles Schwab Trust Bank as custodian of the assets; and SECTION 3. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City’s Plan Administrator for the Section 115 Trust.
SECTION 4. The City’s Plan Administrator is hereby authorized to execute the legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Section 115 Trust and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Section 115 Trust.
PASSED AND ADOPTED this 6th day of May 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Luis Mc Arthur, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________ ________ Lourdes A. Lopez, City Clerk Stephen M. Fischer, City Attorney Date 119
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4828-2402-5842.v3
ADOPTION AGREEMENT
FOR THE
MULTIPLE EMPLOYER PENSION 115 TRUST
154
TABLE OF CONTENTS
Page
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INTRODUCTION ........................................................................................................................1 ARTICLE 1 EMPLOYER INFORMATION ...................................................................................1 ARTICLE 2 PLAN INFORMATION..............................................................................................1 ARTICLE 3 TRUST ADMINISTRATIVE SERVICES....................................................................2 ARTICLE 4 INVESTMENTS........................................................................................................2 ARTICLE 5 TRUST FEES AND EXPENSES ..............................................................................2 ARTICLE 6 REPRESENTATIONS AND WARRANTIES.............................................................2 ARTICLE 7 STANDARD OF CARE AND INDEMNIFICATION....................................................3 ARTICLE 8 AMENDMENT..........................................................................................................4 ARTICLE 9 NO GUARANTEE OF INVESTMENT RESULTS......................................................4 ARTICLE 10 ADOPTION OF TRUST..........................................................................................4 EXHIBIT A .............................................................................................................................. A-1 EXHIBIT B .............................................................................................................................. B-1 EXHIBIT C C-1
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INTRODUCTION
By executing this Adoption Agreement, the Employer named in Article 1 of this Adoption Agreement hereby adopts and agrees to be bound by the terms of the Multiple Employer Pension 115 Trust (the “Trust”), a copy of which is attached as Exhibit A. To the extent there is a conflict between this Adoption Agreement and the Trust, the Trust will control. Unless otherwise specified below, initially capitalized terms used in this Adoption Agreement are defined in the Trust.
ARTICLE 1
EMPLOYER INFORMATION
1.1 Employer’s Name, Address, and Telephone Number
(a) Name: City of Oxnard
(b) Address: 300 West Third Street, Oxnard CA 93030
(c) Telephone: 805-385-7457
1.2 Employer’s Taxpayer Identification Number: 95-6000756 ARTICLE 2
PLAN INFORMATION
2.1 Plan Names:
OPEB Plan(s): N/A
Pension Plan(s): City of Oxnard Pension Stabilization Trust Account (Each a “Plan” and collectively, the “Plans”)
2.2 Employer-designated: Plan Administrator’s Name, Title, Address, and Telephone Number:
(a) Title: Alexander Nguyen, City Manager
(b) Address: 300 West Third Street, Oxnard CA 93030
(c) Telephone: 805-385-7457
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ARTICLE 3
TRUST ADMINISTRATIVE SERVICES
As a condition of the Employer’s participation in the Trust, the Employer and the Trust Administrator have executed the Trust Administrative Services Agreement attached as Exhibit B.
ARTICLE 4
INVESTMENTS
The Employer hereby directs the Trust Administrator to direct the Trustee to invest the assets in the Employer’s Account in accordance with the investment strategy and any investment policy mutually agreed to by the Employer and the Trust Administrator.
ARTICLE 5
TRUST FEES AND EXPENSES
5.1 Trustees Fee will be equal to 0.02% (annual maximum fee per plan is $5,000). Other fees, including Trust Administration Fees are specified in Section 2.1 of the Trust Administrative Services Agreement. Please refer to Section 2.1 of the Trust Administrative Services Agreement for further information about payment of fees and expenses.
5.2 Method of Payment. Unless the Employer otherwise elects below, the Trust Administration Fees (as defined in Section 10.01(b) of the Trust), Trustee Fees (as defined in Section 10.01(c) of the Trust), and any other reasonable fees and expenses of administering the Employer’s Account will be paid from the Employer’s Account. In lieu of payments from its Account, the Employer hereby elects to pay the following amounts:
Trust Administration Fees
Trustee Fees
All expenses of the Employer’s Account other than fees Other (please insert description):
____________________________________
____________________________________
____________________________________
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1 The Employer hereby represents and warrants that each of the following statements is true and correct to the best of its knowledge:
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(a) The Employer is a state, a political subdivision of a state or another public agency whose income is excludable from gross income under section 115 of the Code that is established and maintained under the laws of the [State/Commonwealth] of ___California______.
(b) The Employer has established and maintains one or more Plans the exclusive purpose of each is to provide retirement benefits to its former employees. (c) The exclusive purpose of the Employer’s participation in the Trust is to fund the Pension Obligation under the Employer’s Plans.
(d) The Employer’s participation in the Trust for the purpose of funding, as applicable, the Pension Obligation, under the Employer’s Plans is authorized under the laws of the [State/Commonwealth] of ____California_______. (e) The Employer’s Plans do not permit participants to direct or otherwise exercise in any manner, whether direct or indirect, control over the investment of their accounts or benefits accrued under the Plans.
(f) The Employer has received copies, and has read and understands the terms, of the Trust.
ARTICLE 7
STANDARD OF CARE AND INDEMNIFICATION
7.1 Standard of Care. The Trustee and the Trust Administrator must discharge their duties in accordance with the standard of care set forth in Section 6.01 of the Trust.
7.2 Employer Indemnification of Trustee. The Employer, from its own funds and not from any assets of the Trust, agrees to indemnify the Trustee and each of its affiliates against, and will hold them harmless from, any and all loss, claims, liability, and expense, including cost of defense and reasonable attorneys’ fees, imposed upon or incurred at any time by any of them by reason of or in connection with the performance of the Trustee’s services under this Agreement, except to the extent such damages resulted from the Trustee’s or affiliate’s performance (or non-performance) of its duties under the Trust in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 6.01 of the Trust.
7.3 Employer Indemnification of Trust Administrator. Employer, from its own funds and not from any assets of the Trust, agrees to indemnify the Trust Administrator and each of its affiliates against, and will hold them harmless from, any and all damages imposed upon or incurred by any of them by reason of, or in connection with its services under the Trust or the Trust Administrative Services Agreement, except to the extent that such damages resulted from the Trust Administrator’s or affiliate’s performance (or nonperformance) of its duties under the Trust or the Trust Administrative Services Agreement in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 6.01 of the Trust. 158
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ARTICLE 8
AMENDMENT
The Employer understands and agrees that the Trust may be amended from time to time by the Trust Administrator with the approval of two-thirds of the Employers then participating in the Trust.
ARTICLE 9
NO GUARANTEE OF INVESTMENT RESULTS
The Employer understands and acknowledges that investments in the Trust involve risk and that there is no guarantee of investment performance or other performance of the Trust, including but not limited to custodians, depositories, or counterparties to investment strategies of the Trust.
ARTICLE 10
ADOPTION OF TRUST
By executing this Adoption Agreement, the Employer hereby adopts and agrees to be bound by the terms of the Trust and hereby approves, ratifies and confirms the appointment of Alta Trust Company as the Trustee and Shuster Advisory Group, LLC as the Trust Administrator as of the effective date of this Adoption Agreement. This Adoption Agreement and the Trust Agreement are effective on the 6th day of May, 2025_ and expires on May 6, 2028, unless extended. The Employer shall have the option to extend the agreement for (2) two consecutive (1) one-year periods.
EMPLOYER: ACCEPTED:
CITY OF OXNARD TRUST ADMINISTRATOR
Agency Name SHUSTER ADVISORY GROUP, LLC
By: By:
Its: Its:
Date: Date:
ACCEPTED:
TRUSTEE
ALTA TRUST COMPANY
By:
Its:
Date:
By:
Its:
Date:
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney Date
(always required)
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A-1
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EXHIBIT A
TRUST
160
B-1
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EXHIBIT B
TRUST ADMINISTRATIVE SERVICES AGREEMENT
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C-1
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EXHIBIT C
PLAN ADMINISTRATOR: SPECIMEN SIGNATURE
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TRUST ADMINISTRATIVE SERVICES AGREEMENT
This agreement (“Agreement”) is made this 6th day of May, 2025, by and between CITY OF OXNARD (the “Employer”) and SHUSTER ADVISORY GROUP, LLC (the “Trust Administrator”).
WHEREAS, the Employer has adopted one or more plans, policies, or collective bargaining agreements (“Plans”) in order to provide retirement benefits; and WHEREAS, the Trust Administrator and Alta Trust Company (the “Trustee”) have entered into an agreement (the “Trust Agreement”) establishing the Multiple Employer Pension 115 Trust (the “Trust”); and
WHEREAS, the Employer has adopted the Trust by executing the adoption agreement to which this Agreement is attached (the “Adoption Agreement”“) in order to fund the retirement benefits payable under the Plans; and
WHEREAS, the Employer wishes to retain the services of the Trust Administrator to administer the Employer’s account under the Trust (“Account”).
NOW THEREFORE, the Employer and the Trust Administrator hereby agree as follows:
Capitalized words not defined this document are defined in the Trust Agreement.
1. Trust Administrator Services
The Trust Administrator will provide the following services for the Employer’s Account:
1.1 Administrative Services
A. Instruct the custodian of the Account to make disbursements from the Employer’s Account at the direction of the Employer for the payment of retirement benefits under the Employer’s Plans funded by the Account; B. Verify custodian’s receipt of contributions made to the Account as informed by the Employer;
C. Provide the Employer after the end of each calendar quarter with an analysis of the performance of the investments of the Account and a statement of the changes in the investments made during such calendar quarter;
D. Provide annual statements of Trust accounts;
E. Instruct the custodian to disburse funds from the Account for the payment of the fees and expenses described in Section 2.1 and 3.2; and F. Coordinate such other actions with the Trustee and custodian of the Account as directed by the Plan Administrator that are within the scope of the Trust Administrator’s duties under the Trust Agreement. 163
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1.2 Investment Management Services
A. Determine the asset allocation of investments in the Employer’s Account (“Investment Strategy”) based on information provided by the Employer or the Plan Administrator, including the anticipated amounts of cash required by the Plans for distributions and other expenses, and the appropriate risk tolerance for the Plans based on the Plans’ asset-liability characteristics and the Employer’s resources;
B. Prepare a recommended policy statement of the Account’s Investment Strategy acceptable to the Employer to the extent necessary to accomplish the Account’s Investment Strategy (“Investment Policy Statement”);
C. Execute the Account’s Investment Strategy by instructing the Trustee to buy and sell shares of investments permitted under the Trust in accordance with the Investment Policy Statement;
D. In consultation with the Employer, reassess and alter the Investment Strategy and Investment Policy Statement at least annually to the extent necessary to “rebalance” the Account investments; and
E. Perform reviews at least annually of the performance of the investments held in the Account, add or reduce allocations to each investment or add or delete investments in its judgment (to the extent permitted under the Investment Policy Statement and the Trust), and promptly advise the Employer of any additions or deletions of Account investments.
2. Compensation
2.1 Fees. For all services provided by the Trust Administrator under this Agreement and the Trustee under the Trust Agreement, the following fees will apply:
Trust Administration Fees (This Agreement)1: 0.02%
Trustee Fees (Trust Adoption Agreement)2: 0.02%
Custodial Asset Based Fee (Custodial Agreement)3: 0.01% Investment Advisory Fees (Investment Advisory Agmt.): 0.12% Fees will be collected quarterly other than the Investment Advisory Fee which will be collected monthly.
1 - Will convert to a flat dollar fee after the end of contract year-3 based on the highest year-end balance of the first 3 contract years.
2 - Annual maximum fee per plan of $5,000.
3 - Annual minimum fee per plan of $400. Custodian may also charge fees related to non- standard assets, checks and wire fees outlined in the Custodial Agreement for the Plan.
The Trust Administrator will notify the Employer in writing of any change in the above fee amounts at least 60 days before the effective date of the change.
2.2 Fees for Additional Services. If and to the extent that the Employer requests the Trust Administrator to render services other than those described under this 164
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Agreement, such additional services will be compensated separately on terms to be agreed upon between the Trust Administrator and the Employer.
2.3 Pooled Investments. Assets invested by the Trust Administrator under the terms of this Agreement may from time to time be invested in individual securities, or in a proprietary money market mutual fund or local government investment pool (either, a “Pool”). Each Pool is a commingled fund managed by the Trust Administrator. Average daily net assets subject to the fees described in this section shall not take into account any funds invested in the Pool. Expenses of the Pool, including compensation for the Trust Administrator and the Pool custodian, are described in the relevant prospectus or information statement and are paid from the Pool.
3. Expenses
3.1 Furnishing of Administrative Services, Office Space, Equipment and Personnel. The Trust Administrator will furnish at its own expense all necessary administrative services, office space, equipment, clerical personnel, telephone and other communication facilities, investment advisory facilities, and executive and supervisory personnel required to perform the services under this Agreement, inclusive of reasonable costs required to attend meetings with the Employer.
3.2 Expenses of Employer’s Account. Except as otherwise provided in this Agreement, Employer agrees to pay all expenses under the Trust incurred by (or allocable to) the Employer’s Account including, without limitation, taxes, expenses (including front- or back-end charges) of an investment fund, fees and expenses of the Account’s independent auditors and legal counsel, insurance premiums, expenses of the Trustee, the keeping of books and accounts, and the allocable costs of the annual Trust accounting described in Section 9.02 of the Trust Agreement. The Trust Administrator will calculate expenses allocable to the Account on a pro-rata basis, or in any other reasonable and equitable manner determined by the Trust Administrator.
4. Payment Terms. At the end of each calendar month, the Trust Administrator will prepare and submit fees and expenses under this Agreement as described in Sections
2.1 and 3.2. Except to the extent that the Employer has elected in the Adoption Agreement to pay such fees and expenses, the Employer authorizes the Trust Administrator to charge such fees and expenses to the Employer’s Account and authorizes and instructs the custodian to disburse funds from the Account for the payment of the fees and expenses. If the Employer has elected in the Adoption Agreement to pay such fees and expenses the Trust Administrator will prepare and submit monthly invoices to the Employer. If the Employer does not fully pay any invoice within 15 calendar days after the invoice’s postmark, then the Employer hereby authorizes the Trust Administrator to charge the unpaid amount to the Account and instructs the custodian to disburse such amount from the Account for the payment of the fees and expenses. If sufficient funds are not available or cannot for any reason otherwise be disbursed from the Account, the Trust Administrator will notify the Employer, and the Employer will pay the unpaid amount to the Trust Administrator from other sources within 10 calendar days after receiving the notice. 165
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5. Registered Advisor; Duty of Care. The Trust Administrator hereby represents it is a registered investment advisor under the Investment Advisers Act of 1940. The Trust Administrator will immediately notify the Employer if at any time during the term of this Agreement it is not so registered or if its registration is suspended. The Trust Administrator agrees to perform its duties and responsibilities under this Agreement with reasonable care. The federal securities laws impose liabilities under certain circumstances on persons who are required to act in good faith. Nothing herein in any way constitutes a waiver or limitation of any rights which the Employer, the Trust, or the Trust Administrator may have under any federal securities laws. The Employer hereby authorizes the Trust Administrator to sign an Internal Revenue Service Form W-9 on behalf of the Employer and to deliver such form to broker-dealers or others from time to time as required in connection with securities transactions pursuant to this Agreement.
6. Trust Administrator’s Other Clients. The Employer understands that the Trust Administrator performs investment advisory services for various other clients which may include investment companies, commingled trust funds and/or individual portfolios. The Employer agrees that the Trust Administrator, in the exercise of its professional judgment, may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Account. The Trust Administrator has no obligation to purchase, sell or exchange any security for the Employer solely by reason of the fact that the Trust Administrator, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for itself or its own accounts.
7. Risk Acknowledgment. The Trust Administrator does not guarantee the future performance of the Account or any specific level of performance, the success of any investment decision or strategy that the Trust Administrator may use, or the success of Trust Administrator’s overall management of the Account. The Employer understands that investment decisions made for the Employer’s Account by the Trust Administrator are subject to various markets, currencies, economic, political and business risks, and that those investment decisions will not always be profitable. The Employer understands that past performance does not necessarily predict future performance for the Account.
The Trust Administrator will manage only the securities, cash and other investments held in Employer’s Account and in making investment decisions for the Account, the Trust Administrator will not consider any other securities, cash or other investments owned by the Employer or any of the Plans. Neither the Trust Administrator nor its officers, directors, agents, employees, and affiliate shall be liable for any losses in the Account, or any loss, cost, indebtedness, or liabilities arising from the Trust Administrator’s management of the investments in the Account (together, “Losses”) except for any Losses that result from an act or omission of the Trust Administrator constituting a violation of law or an act or omission of the Trust Administrator constituting gross negligence, willful misfeasance, bad faith or reckless disregard of its obligations under this Agreement or as otherwise may be provided by law. The Trust Administrator is not responsible for any loss incurred by reason of any act or omission of the Employer, the custodian of the Account, a third party manager, any broker-dealer, or any other third party.
8. Term of Agreement. The term of this Agreement will commence 6 May, 2025 and expire on May 5, 2028, unless extended. The Employer shall have the option to extend the agreement for (2) two consecutive (1) one-year periods. Either party may terminate 166
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this Agreement at any time by giving 60 days’ written notice to the other party of its intent to terminate.
9. Force Majeure. The Trust Administrator has no liability for any losses arising out of the delays in performing or inability to perform the services which it renders under this Agreement which result from events beyond its control, including interruption of the business activities of the Trust Administrator or other financial institutions due to acts of God, acts of governmental authority, acts of war, terrorism, civil insurrection, riots, labor difficulties, or any action or inaction of any carrier or utility, or mechanical or other malfunction.
10. Disciplinary Actions. The Trust Administrator will promptly notify the Employer if the Trust Administrator is found to have violated any state or federal securities law or regulation in any criminal action or civil suit in any state or federal court or in any disciplinary proceeding before the Securities and Exchange Commission or any other regulatory agency or department of the United States, any registered securities exchange, the Financial Industry Regulatory Authority, or any regulatory authority of any State based upon the performance of services as an investment advisor.
11. Confidentiality. The Trust Administrator will not disclose any information relating to the Plans or the Account except to authorized officers of the Employer, the Plan Administrator the Trustee and third parties retained by the Trust Administrator to perform specific services within this Agreement without the Employer’s consent. The Employer will not disclose any information relating the Trust to individuals other than authorized officers of the Employer and the Plan Administrator, or their respective designees, without the Trust Administrator’s consent.
12. Independent Contractor. The Trust Administrator, its employees, officers and representatives, will not be deemed to be employees, agents (except as to the purchase or sale of securities described in Section 1), partners, servants, and/or joint ventures of the Employer or the Account by virtue of this Agreement or any actions or services rendered under this Agreement.
13. Records. The Trust Administrator will maintain appropriate records of all its activities hereunder. The Trust Administrator will use its best efforts to provide the Employer with a statement within 60 days following the end of each calendar quarter showing deposits, withdrawals, purchases and sales (or maturities) of investments, earnings received during the quarter, and the value of assets held on the last business day of the calendar quarter, all as provided for in the Trust Agreement, based on the information requested from and furnished to it by the Trustee.
14. Ownership of Reports and Documents. The Trust Administrator acknowledges that the originals of all correspondence, documents, reports and records produced in the course of providing the services pursuant to this Agreement are the property of the Employer. In the event this Agreement is terminated, the Trust Administrator agrees to provide such originals to the Employer. The Trust Administrator will not furnish copies of any such correspondence, documents reports and records to any party other than the Employer or the Plan Administrator, or their respective designees, or third parties retained by the Trust Administrator to perform services under this Agreement without the Employer’s consent. Notwithstanding the preceding provisions of this paragraph, the Trust Administrator is authorized to retain copies of any correspondence, documents, 167
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reports, and records to the extent needed to comply with applicable law, including but not limited to federal securities laws.
15. Trust Administrator’s Disclosure Statement. The Trust Administrator warrants that it has delivered to the Employer, at least 48 hours prior to the execution of this Agreement, the Trust Administrator’s current Securities and Exchange Commission Form ADV, Part II, including, without limitation, Schedule H thereto (disclosure statement). The Employer acknowledges receipt of such disclosure statement at least 48 hours prior to the execution of this Agreement.
16. Amendment. This Agreement shall not be changed, modified, terminated or discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigns.
17. Successors and Assigns. The provisions of this Agreement are binding on the Trust Administrator and its respective successors and assigns, provided, however, that the rights and obligations of the Trust Administrator may not be assigned without the Employer’s consent.
18. Designees. In accordance with Section 1.18 of the Trust Agreement, the Employer will certify to the Trust Administrator in writing the persons or entity with the plenary authority pursuant to applicable state law over the investment and management of the Employer’s Plans or its designee (“Plan Administrator”). The Plan Administrator has the authority to act on behalf of, and to exercise any of the rights of, the Employer under this Agreement.
In accordance with Section 6.1(l) of the Trust Agreement, the Trust Administrator may designate and engage the services of such agents, representatives, advisors, counsel, accountants and other third parties, including affiliates of the Trust Administrator, and delegate its authority to perform specified services under this Agreement to such third parties. Any such designee shall have the authority to perform the services delegated to it by the Trust Administrator. Any officer of the Trust Administrator has the authority to exercise any of the rights of the Trust Administrator under this Agreement.
19. Notice. Written notices required under this Agreement will be sent by regular mail, certified mail, overnight delivery or courier, and will be deemed given when received at the parties’ respective addresses shown below. Either party must notify the other party in writing of a change in address.
Employer’s Address:
City of Oxnard
300 West Third Street
Oxnard, CA 93030
Attn: City Manager
Trust Administrator’s Address:
Shuster Advisory Group, LLC
155 N. Lake Ave, #500
Pasadena, CA 91101
Attn: Mark Shuster, Managing Member
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20. Arbitration. The Employer understands and agrees that, to the extent permitted by law, all claims and disputes arising out of transactions or activities in connection with the Account, or construction, performance, or breach of this Agreement, will be determined by arbitrators sitting in Los Angeles, California, in accordance with the current rules then in effect of the American Arbitration Association. The arbitrators may allocate attorneys’ fees and arbitration costs between parties. In this regard, the Employer understands that: (1) Arbitration is final and binding on the parties; (2) the parties are waiving their right to seek a judicial determination in court, including the right to jury trial; (3) prearbitration discovery is generally more limited than and different from court proceedings; (4) the arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or seek modification of rulings by the arbitrators is strictly limited; (5) the panel of arbitrators will typically include a minority of arbitrators who are in the securities industry; and (6) arbitration will be conducted according to the securities arbitration rules then in effect of the American Arbitration Association.
21. Applicable Law. This Agreement will be construed, enforced and administered according to the laws of the state of California, without regard to its conflicts of law principles. In the event that either party institutes legal proceedings against the other, venue will lie in any court of competent jurisdiction in the state of California.
22. Entire Agreement. This Agreement, including exhibits and any other documents referenced herein, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, and understandings, whether written or oral, with respect thereto.
23. Severability. If any provision of this Agreement is held by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement will continue in full force and effect.
24. Counterparts. This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed will be deemed to be a complete original and all of which together will constitute one and the same Agreement.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers on the date set forth in the first paragraph of this Agreement.
TRUST ADMINISTRATOR EMPLOYER
Shuster Advisory Group, LLC City of Oxnard
By: By: _____
Its: Its: _____
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney Date
(always required)
170
INVESTMENT ADVISOR AGREEMENT
MULTIPLE EMPLOYER PENSION 115 TRUST
This agreement (“Agreement”) is entered into between Shuster Advisory Group, LLC (“SHUSTER”), a California limited liability company, and City of Oxnard (“EMPLOYER”) as further identified on Appendix A., as the responsible plan fiduciary for the Plans as further identified in Appendix A, desires to engage SHUSTER to provide the services described in this Agreement according to the terms of this Agreement.
1. Fiduciary Authority. The account for which SHUSTER is providing investment advisory service is part of a multiple employer trust intended to qualify as a tax-exempt trust of a state or political subdivision thereof for an essential governmental function within the meaning of Section 115 of the Code and any regulations issued thereunder and the EMPLOYER has fiduciary authority with respect to the account for the employer.
2. Term. The term of this Agreement will commence May 6, 2025 and expire on May 6, 2028, unless extended.
The EMPLOYER shall have the option to extend the agreement for (2) two consecutive (1) one-year periods.
3. Services. SHUSTER agrees to perform the Fiduciary Services described in Appendix B.
4. Fees.
(A) The compensation, direct and indirect, of SHUSTER for the performance of the Services is described in Appendix C.
5. Fiduciary Status: Limitations on Functions. EMPLOYER acknowledges that:
(A) In performing the Fiduciary Services, SHUSTER is acting as an investment fiduciary of the Plan and as a registered investment advisor under the Investment Advisers Act of 1940. (B) In performing Fiduciary Services, SHUSTER does not act as, nor has SHUSTER agreed to assume the duties of, a trustee or the Plan Administrator, and SHUSTER has no discretion or responsibility to interpret the Plan documents, to determine eligibility or participation under the Plan, or to take any other action with respect to the management, administration or any other aspect of the Plan. (C) SHUSTER does not provide legal or tax advice.
(D) Investments are subject to various market, political, currency, economic, and business risks, and may not always be profitable. As a result, SHUSTER does not and cannot guarantee financial results. (E) SHUSTER may, by reason of performing services for other EMPLOYERs, from time to time acquire confidential information. EMPLOYER acknowledges and agrees that SHUSTER is unable to divulge to the EMPLOYER or any other party, or to act upon, any such confidential information with respect to its performance of this Agreement.
(F) SHUSTER is entitled to rely upon all information provided to SHUSTER (whether financial or otherwise) from reputable third parties or by EMPLOYER, EMPLOYER’s representatives or third-party service providers to EMPLOYER, the Plan or SHUSTER, without independent verification. EMPLOYER agrees to promptly notify SHUSTER in writing of any material change in the financial and other information provided to SHUSTER and to promptly provide any such additional information as may be reasonably requested by SHUSTER.
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(G) EMPLOYER understands that SHUSTER: (i) may perform other services for other clients, (ii) may charge a different fee for other clients, and (iii) may give advice and take action that is different for each client even when retirement plans are similar.
(H) SHUSTER has no responsibility to provide any services related to assets not included in the SHUSTER investment portfolio or purchased directly by Client. Such assets shall be referred to collectively as “Excluded Assets.” The Excluded Assets shall be disregarded in determining the Fees payable to SHUSTER pursuant to this Agreement, and the Fees shall be calculated only on the remaining assets (the “Included Assets”).
6. Representations of EMPLOYER. EMPLOYER represents and warrants as follows:
(A) It is the responsible plan fiduciary for the control and/or management of the assets of the Plan, and for the selection and monitoring of service providers for the Plan. SHUSTER is entitled to rely upon this statement until notified in writing to the contrary.
(B) The person signing the Agreement on behalf of EMPLOYER has all necessary authority to do so. (C) The execution of this Agreement and the performance thereof is within the scope of the investment authority authorized by the governing instrument and/or applicable laws. The signatory on behalf of EMPLOYER represents that the execution of the Agreement has been duly authorized by appropriate action and agrees to provide such supporting documentation as may be reasonably required by SHUSTER. (D) The Plan and related Trust permit payment of fees out of Plan assets. EMPLOYER has determined that the fees charged by SHUSTER are reasonable and are the obligation of the Plan; however, if EMPLOYER desires, it may pay the fees directly, rather than with Plan assets.
7. Representation of SHUSTER. SHUSTER represents as follows:
(A) SHUSTER is registered as an investment adviser (“RIA”) under the Investment Advisers Act of 1940. (B) The person signing this agreement on behalf SHUSTER has the power and authority to enter into and perform this Agreement.
(C) SHUSTER agrees to take reasonable steps to protect Private Participant Information and Plan Investment Data in its possession;
SHUSTER is not responsible for the assessment of systems and procedures of third parties for the protection of plan and participant data;
SHUSTER is not responsible for the actions by or the failure to act by EMPLOYER, by other service providers, or by Plan participants to protect Data; SHUSTER shall have no liability in the event of a Data breach or a violation of participant privacy rights (under the California Consumer Privacy Act or otherwise) unless said breach is the direct result of negligence, recklessness, or willful misconduct of an employee of SHUSTER.
8. Standard of Care. SHUSTER will perform the Fiduciary Services described in Appendix B to the Plan in accordance with the standard of care of the prudent man rule set forth in ERISA Section 404(a)(1)(B).
9. Termination. Either party may terminate this Agreement upon 30 days prior written notice to the other party.
Such termination will not, however, affect the liabilities or obligations of the parties arising from transactions initiated prior to such termination, and such liabilities and obligations (together with the provisions of section 8, 17, and 18) shall survive any expiration or termination of this Agreement. Upon termination, SHUSTER will 172
have no further obligation under this Agreement to act or advise EMPLOYER with respect to services under this Agreement.
10. Receipt of Disclosure and Consent to Electronic Delivery. EMPLOYER acknowledges receipt and undertakes to review and consider the disclosures made by SHUSTER (including in this Agreement, the Form ADV Part 2 and SHUSTER Privacy Policy), in particular the portions related to services, compensation, and potential conflicts of interest, as well as the remainder of the disclosures concerning, among other matters, background information such as educational and business history, business practices such as the types of advisory services provided, the methods of securities analysis used, and the like.
Further, EMPLOYER consents to electronic delivery (via email or other generally accepted method) of current and future distributions of SHUSTER’s Form ADV Part 2 and Privacy Policy. Consent to electronic delivery may be canceled at any time by sending a written request to SHUSTER.
11. Notices. Any and all notices required or permitted under this Agreement shall be in writing and shall be sufficient in all respects if (i) delivered personally, (ii) mailed by registered or certified mail, return receipt requested and postage prepaid, or (iii) sent via a nationally recognized overnight courier service to the EMPLOYER’s address listed on Appendix A and SHUSTER’s address, 155 N. Lake Ave, Ste. 500, Pasadena, CA 91101, or such other address as any party shall have designed by notice in writing to the other party.
12. Assignability. This Agreement is not assignable by either Party hereto without the prior written consent of the other Party.
13. Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors, survivors, administrators and assigns.
14. Entire Understanding and Modification. This Agreement constitutes and contains the entire understanding between the parties and supersedes all prior oral or written statements dealing with the subject matter herein. This Agreement can be amended or modified by the written consent of the Parties.
15. Severability. If any one or more of the provisions of this Agreement shall, for any reason, be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be enforced as if such illegal or invalid provision had not been contained herein.
16. Headings. All headings used herein are for ease of reference only and in no way shall be construed as interpreting, decreasing or enlarging the provisions of this Agreement.
17. Applicable Law; Forum. The laws of the State of California shall govern this Agreement in all respects, including but not limited to the construction and enforcement thereof, unless otherwise preempted or superseded by federal law.
18. Arbitration Agreement. To the extent permitted by law, all controversies between EMPLOYER and SHUSTER, which may arise out of or relate to any of the services provided by SHUSTER under this Agreement, or the construction, performance or breach of this or any other Agreement between SHUSTER and EMPLOYER, whether entered into prior to, on or subsequent to the date hereof, shall be settled by binding arbitration in Pasadena, Los Angeles County, California, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered into any court having jurisdiction.
19. Amendment Process. The Agreement may be modified, by written agreement of both EMPLOYER and SHUSTER.
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20. Waiver of Limitation. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which EMPLOYER or Plan or any other party may have under federal or state securities laws.
This Agreement constitutes both an agreement between the parties and a disclosure statement. The Parties have caused this Agreement to be executed by their duly authorized officers as of the date set forth above. This Agreement shall not be binding on SHUSTER or the EMPLOYER until each has accepted it, in writing, as indicated by their signatures below.
EMPLOYER: Shuster Advisory Group, LLC
Signature: _____________________________ Signature: ____________________________ Name: Name: Mark Shuster
Title: Title: Managing Member
Date: Date:_______________________________
ATTEST:
_________________________ _________
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
_________________________ _________
Stephen M. Fischer, City Attorney Date
(always required)
*The EMPLOYER is signing this Agreement both as the employer that sponsors the Plan and as the fiduciary responsible for selecting the Plan’s investments and engaging its service providers. 174
APPENDIX A – EMPLOYER/PLAN SPONSOR - PLAN INFORMATION
EMPLOYER/Plan Sponsor
City of Oxnard
Tax ID#
95-6000756
Plan Name 1
City of Oxnard Pension Stabilization
Trust Account
Type of Plan
☐OPEB Plan ☒Pension Plan
☐Other:
Plan Name 2 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Plan Name 3 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Plan Name 4 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Plan Name 5 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Mailing Address
300 West Third Street
City
Oxnard
State
CA
Zip Code
93030
Phone
805-385-7457
Email (for purposes of notice/electronic delivery)
[email protected]
Legal Address (☒Same as Mailing Address) City State Zip Code 175
APPENDIX B – FIDUCIARY SERVICES
SHUSTER will perform the following fiduciary services:
1. Development of an Investment Policy Statement (IPS). The IPS establishes the investment policies and objectives for the Plan(s) as well as the criteria and standards for selecting and monitoring the investments.
The EMPLOYER shall have the ultimate responsibility and authority to establish such policies and objectives and to adopt the investment policy statement.
2. Consistent with the Investment Policy Statement, SHUSTER will select the initial investment options within the Plan(s).
3. SHUSTER will periodically review the investments within the Plan(s) and shall be responsible for making additions/deletions thereto.
4. SHUSTER will provide periodic investment advisory reports that document consistency of fund management and performance to the guidelines set forth in the IPS, and to make recommendations to maintain, or remove and replace investment options. Reports to include: Market Overview, In-Depth Portfolio Summary, Plan Asset Allocation Analysis and Fund Performance Comparison to the Index.
5. Meet with EMPLOYER on a periodic basis to discuss reports and recommendations.
6. Annually review the IPS with the EMPLOYER to ensure it continues to meet the EMPLOYER’s needs.
LIMITATIONS ON FIDUCIARY SERVICES
SHUSTER shall not be responsible or liable for the recommendations of or services rendered by anyone other than SHUSTER. The ability to perform the above services is contingent upon the rules, policies, processes, and responsiveness to our requests for information of EMPLOYER, Plan Sponsor, Custodian, and Trustee. 176
APPENDIX C - FEE SCHEDULE
1. SHUSTER will not receive any other compensation, direct or indirect, for its services under this agreement. If SHUSTER receives any other compensation for Services, SHUSTER will disclose the amount of such compensation, the services provided for such compensation, the payer of such compensation, and a description of SHUSTER’s arrangement with the payer to the EMPLOYER and will offset that compensation against its stated fees.
2. All fees are billed in arrears.
3. The initial fee will be the amount, prorated for the number of days included in the initial billing period from the effective payment start date.
4. If this Agreement is terminated prior to the end of a billing period, SHUSTER shall be entitled to a fee, prorated for the number of days in the billing period prior to the effective date of termination.
5. All fees will be due and payable within 30 days and are payable to “Shuster Advisory Group, LLC”
6. The annual fee for services shall be as follows:
Beginning with the effective date of this Agreement, the annual fee for service shall be 0.12% (12 basis points) per annum, charged as 0.01% monthly to all included assets in each Plan as of the date of the calculation. Fees will be deducted from Plan assets and will be paid to SHUSTER by the Trust/Custodian for the Plan(s).
At SHUSTER’s discretion the billing period described above may be adjusted to quarterly. 177
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ADOPTION AGREEMENT
FOR THE
MULTIPLE EMPLOYER OPEB 115 TRUST
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TABLE OF CONTENTS
Page
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INTRODUCTION ........................................................................................................................1 ARTICLE 1 EMPLOYER INFORMATION ...................................................................................1 ARTICLE 2 PLAN INFORMATION..............................................................................................1 ARTICLE 3 TRUST ADMINISTRATIVE SERVICES....................................................................2 ARTICLE 4 INVESTMENTS........................................................................................................2 ARTICLE 5 TRUST FEES AND EXPENSES ..............................................................................2 ARTICLE 6 REPRESENTATIONS AND WARRANTIES.............................................................2 ARTICLE 7 STANDARD OF CARE AND INDEMNIFICATION....................................................3 ARTICLE 8 AMENDMENT..........................................................................................................4 ARTICLE 9 NO GUARANTEE OF INVESTMENT RESULTS......................................................4 ARTICLE 10 ADOPTION OF TRUST..........................................................................................4 EXHIBIT A .............................................................................................................................. A-1 EXHIBIT B .............................................................................................................................. B-1 EXHIBIT C C-1
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INTRODUCTION
By executing this Adoption Agreement, the Employer named in Article 1 of this Adoption Agreement hereby adopts and agrees to be bound by the terms of the Multiple Employer OPEB/Pension 115 Trust (the “Trust”), a copy of which is attached as Exhibit A. To the extent there is a conflict between this Adoption Agreement and the Trust, the Trust will control. Unless otherwise specified below, initially capitalized terms used in this Adoption Agreement are defined in the Trust.
ARTICLE 1
EMPLOYER INFORMATION
1.1 Employer’s Name, Address, and Telephone Number
(a) Name: City of Oxnard
(b) Address: 300 West Third Street, Oxnard CA 93030
(c) Telephone: 805-385-7457
1.2 Employer’s Taxpayer Identification Number: 95-6000756 ARTICLE 2
PLAN INFORMATION
2.1 Plan Names:
OPEB Plan(s): City of Oxnard OPEB Trust Account
Pension Plan(s): N/A
(Each a “Plan” and collectively, the “Plans”)
2.2 Employer-designated: Plan Administrator’s Name, Title, Address, and Telephone Number:
(a) Title: Alexander Nguyen, City Manager
(b) Address: 300 West Third Street, Oxnard CA 93030
(c) Telephone: 805-385-7457
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ARTICLE 3
TRUST ADMINISTRATIVE SERVICES
As a condition of the Employer’s participation in the Trust, the Employer and the Trust Administrator have executed the Trust Administrative Services Agreement attached as Exhibit B.
ARTICLE 4
INVESTMENTS
The Employer hereby directs the Trust Administrator to direct the Trustee to invest the assets in the Employer’s Account in accordance with the investment strategy and any investment policy mutually agreed to by the Employer and the Trust Administrator.
ARTICLE 5
TRUST FEES AND EXPENSES
5.1 Trustees Fee will be equal to 0.02% (annual maximum fee per plan is $5,000). Other fees, including Trust Administration Fees are specified in Section 2.1 of the Trust Administrative Services Agreement. Please refer to Section 2.1 of the Trust Administrative Services Agreement for further information about payment of fees and expenses.
5.2 Method of Payment. Unless the Employer otherwise elects below, the Trust Administration Fees (as defined in Section 10.01(b) of the Trust), Trustee Fees (as defined in Section 10.01(c) of the Trust), and any other reasonable fees and expenses of administering the Employer’s Account will be paid from the Employer’s Account. In lieu of payments from its Account, the Employer hereby elects to pay the following amounts:
Trust Administration Fees
Trustee Fees
All expenses of the Employer’s Account other than fees Other (please insert description):
____________________________________
____________________________________
____________________________________
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1 The Employer hereby represents and warrants that each of the following statements is true and correct to the best of its knowledge:
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(a) The Employer is a state, a political subdivision of a state or another public agency whose income is excludable from gross income under section 115 of the Code that is established and maintained under the laws of the [State/Commonwealth] of ___California______.
(b) The Employer has established and maintains one or more Plans the exclusive purpose of each is to provide OPEB or retirement benefits to its former employees.
(c) The exclusive purpose of the Employer’s participation in the Trust is to fund the Pension Obligation or OPEB Obligation, or both, under the Employer’s Plans. (d) The Employer’s participation in the Trust for the purpose of funding, as applicable, the Pension Obligation or OPEB Obligation, or both, under the Employer’s Plans is authorized under the laws of the [State/Commonwealth] of ____California_______.
(e) The Employer’s Plans do not permit participants to direct or otherwise exercise in any manner, whether direct or indirect, control over the investment of their accounts or benefits accrued under the Plans.
(f) The Employer has received copies, and has read and understands the terms, of the Trust.
ARTICLE 7
STANDARD OF CARE AND INDEMNIFICATION
7.1 Standard of Care. The Trustee and the Trust Administrator must discharge their duties in accordance with the standard of care set forth in Section 6.01 of the Trust.
7.2 Employer Indemnification of Trustee. The Employer, from its own funds and not from any assets of the Trust, agrees to indemnify the Trustee and each of its affiliates against, and will hold them harmless from, any and all loss, claims, liability, and expense, including cost of defense and reasonable attorneys’ fees, imposed upon or incurred at any time by any of them by reason of or in connection with the performance of the Trustee’s services under this Agreement, except to the extent such damages resulted from the Trustee’s or affiliate’s performance (or non-performance) of its duties under the Trust in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 6.01 of the Trust.
7.3 Employer Indemnification of Trust Administrator. Employer, from its own funds and not from any assets of the Trust, agrees to indemnify the Trust Administrator and each of its affiliates against, and will hold them harmless from, any and all damages imposed upon or incurred by any of them by reason of, or in connection with its services under the Trust or the Trust Administrative Services Agreement, except to the extent that such damages resulted from the Trust Administrator’s or affiliate’s performance (or nonperformance) of its duties under the Trust or the Trust Administrative Services Agreement in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 6.01 of the Trust. 182
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ATTEST:
_________________________ _______
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
_________________________ _______
Stephen M. Fischer, City Attorney Date
(always required)
ARTICLE 8
AMENDMENT
The Employer understands and agrees that the Trust may be amended from time to time by the Trust Administrator with the approval of two-thirds of the Employers then participating in the Trust.
ARTICLE 9
NO GUARANTEE OF INVESTMENT RESULTS
The Employer understands and acknowledges that investments in the Trust involve risk and that there is no guarantee of investment performance or other performance of the Trust, including but not limited to custodians, depositories, or counterparties to investment strategies of the Trust.
ARTICLE 10
ADOPTION OF TRUST
By executing this Adoption Agreement, the Employer hereby adopts and agrees to be bound by the terms of the Trust and hereby approves, ratifies and confirms the appointment of Alta Trust Company as the Trustee and Shuster Advisory Group, LLC as the Trust Administrator as of the effective date of this Adoption Agreement. This Adoption Agreement and the Trust Agreement are effective on the 6th day of May, 2025_ and expires on May 5, 2028, unless extended. The Employer shall have the option to extend the agreement for (2) two consecutive (1) one-year periods.
EMPLOYER ACCEPTED:
CITY OF OXNARD TRUST ADMINISTRATOR
Agency Name SHUSTER ADVISORY GROUP, LLC
By: By:
Its: Its:
Date: Date:
ACCEPTED:
TRUSTEE
ALTA TRUST COMPANY
By:
Its:
Date:
By:
Its:
Date:
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EXHIBIT A
TRUST
184
B-1
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EXHIBIT B
TRUST ADMINISTRATIVE SERVICES AGREEMENT
185
C-1
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EXHIBIT C
PLAN ADMINISTRATOR: SPECIMEN SIGNATURE
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TRUST ADMINISTRATIVE SERVICES AGREEMENT
This agreement (“Agreement”) is made this 6th day of May, 2025, by and between CITY OF OXNARD (the “Employer”) and SHUSTER ADVISORY GROUP, LLC (the “Trust Administrator”).
WHEREAS, the Employer has adopted one or more plans, policies, or collective bargaining agreements (“Plans”) in order to provide other post-employment health and welfare benefits (other than pensions) (“OPEB”); and
WHEREAS, the Trust Administrator and Alta Trust Company (the “Trustee”) have entered into an agreement (the “Trust Agreement”) establishing the Multiple Employer OPEB 115 Trust (the “Trust”); and
WHEREAS, the Employer has adopted the Trust by executing the adoption agreement to which this Agreement is attached (the “Adoption Agreement”) in order to fund the OPEB benefits payable under the Plans; and
WHEREAS, the Employer wishes to retain the services of the Trust Administrator to administer the Employer’s account under the Trust (“Account”).
NOW THEREFORE, the Employer and the Trust Administrator hereby agree as follows:
Capitalized words not defined this document are defined in the Trust Agreement.
1. Trust Administrator Services
The Trust Administrator will provide the following services for the Employer’s Account:
1.1 Administrative Services
A. Instruct the custodian of the Account to make disbursements from the Employer’s Account at the direction of the Employer for the payment of OPEB benefits under the Employer’s Plans funded by the Account; B. Verify custodian’s receipt of contributions made to the Account as informed by the Employer;
C. Provide the Employer after the end of each calendar quarter with an analysis of the performance of the investments of the Account and a statement of the changes in the investments made during such calendar quarter;
D. Provide annual statements of Trust accounts;
E. Instruct the custodian to disburse funds from the Account for the payment of the fees and expenses described in Section 2.1 and 3.2; and 187
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F. Coordinate such other actions with the Trustee and custodian of the Account as directed by the Plan Administrator that are within the scope of the Trust Administrator’s duties under the Trust Agreement.
1.2 Investment Management Services
A. Determine the asset allocation of investments in the Employer’s Account (“Investment Strategy”) based on information provided by the Employer or the Plan Administrator, including the anticipated amounts of cash required by the Plans for distributions and other expenses, and the appropriate risk tolerance for the Plans based on the Plans’ asset-liability characteristics and the Employer’s resources;
B. Prepare a recommended policy statement of the Account’s Investment Strategy acceptable to the Employer to the extent necessary to accomplish the Account’s Investment Strategy (“Investment Policy Statement”);
C. Execute the Account’s Investment Strategy by instructing the Trustee to buy and sell shares of investments permitted under the Trust in accordance with the Investment Policy Statement;
D. In consultation with the Employer, reassess and alter the Investment Strategy and Investment Policy Statement at least annually to the extent necessary to “rebalance” the Account investments; and
E. Perform reviews at least annually of the performance of the investments held in the Account, add or reduce allocations to each investment or add or delete investments in its judgment (to the extent permitted under the Investment Policy Statement and the Trust), and promptly advise the Employer of any additions or deletions of Account investments.
2. Compensation
2.1 Fees. For all services provided by the Trust Administrator under this Agreement and the Trustee under the Trust Agreement, the following fees will apply:
Trust Administration Fees (This Agreement)1: 0.02%
Trustee Fees (Trust Adoption Agreement)2: 0.02%
Custodial Asset Based Fee (Custodial Agreement)3: 0.01% Investment Advisory Fees (Investment Advisory Agmt.): 0.12% Fees will be collected quarterly other than the Investment Advisory Fee which will be collected monthly.
1 - Will convert to a flat dollar fee after the end of contract year-3 based on the highest year-end balance of the first 3 contract years.
2 - Annual maximum fee per plan of $5,000.
3 - Annual minimum fee per plan of $400. Custodian may also charge fees related to non- standard assets, checks and wire fees outlined in the Custodial Agreement for the Plan. 188
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The Trust Administrator will notify the Employer in writing of any change in the above fee amounts at least 60 days before the effective date of the change.
2.2 Fees for Additional Services. If and to the extent that the Employer requests the Trust Administrator to render services other than those described under this Agreement, such additional services will be compensated separately on terms to be agreed upon between the Trust Administrator and the Employer.
2.3 Pooled Investments. Assets invested by the Trust Administrator under the terms of this Agreement may from time to time be invested in individual securities, or in a proprietary money market mutual fund or local government investment pool (either, a “Pool”). Each Pool is a commingled fund managed by the Trust Administrator. Average daily net assets subject to the fees described in this section shall not take into account any funds invested in the Pool. Expenses of the Pool, including compensation for the Trust Administrator and the Pool custodian, are described in the relevant prospectus or information statement and are paid from the Pool.
3. Expenses
3.1 Furnishing of Administrative Services, Office Space, Equipment and Personnel. The Trust Administrator will furnish at its own expense all necessary administrative services, office space, equipment, clerical personnel, telephone and other communication facilities, investment advisory facilities, and executive and supervisory personnel required to perform the services under this Agreement, inclusive of reasonable costs required to attend meetings with the Employer.
3.2 Expenses of Employer’s Account. Except as otherwise provided in this Agreement, Employer agrees to pay all expenses under the Trust incurred by (or allocable to) the Employer’s Account including, without limitation, taxes, expenses (including front- or back-end charges) of an investment fund, fees and expenses of the Account’s independent auditors and legal counsel, insurance premiums, expenses of the Trustee, the keeping of books and accounts, and the allocable costs of the annual Trust accounting described in Section 9.02 of the Trust Agreement. The Trust Administrator will calculate expenses allocable to the Account on a pro-rata basis, or in any other reasonable and equitable manner determined by the Trust Administrator.
4. Payment Terms. At the end of each calendar month, the Trust Administrator will prepare and submit fees and expenses under this Agreement as described in Sections
2.1 and 3.2. Except to the extent that the Employer has elected in the Adoption Agreement to pay such fees and expenses, the Employer authorizes the Trust Administrator to charge such fees and expenses to the Employer’s Account and authorizes and instructs the custodian to disburse funds from the Account for the payment of the fees and expenses. If the Employer has elected in the Adoption Agreement to pay such fees and expenses the Trust Administrator will prepare and submit monthly invoices to the Employer. If the Employer does not fully pay any invoice within 15 calendar days after the invoice’s postmark, then the Employer hereby authorizes the Trust Administrator to charge the unpaid amount to the Account and instructs the custodian to disburse such amount from the Account for the payment of the fees and expenses. If sufficient funds are not available or cannot for any reason 189
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otherwise be disbursed from the Account, the Trust Administrator will notify the Employer, and the Employer will pay the unpaid amount to the Trust Administrator from other sources within 10 calendar days after receiving the notice.
5. Registered Advisor; Duty of Care. The Trust Administrator hereby represents it is a registered investment advisor under the Investment Advisers Act of 1940. The Trust Administrator will immediately notify the Employer if at any time during the term of this Agreement it is not so registered or if its registration is suspended. The Trust Administrator agrees to perform its duties and responsibilities under this Agreement with reasonable care. The federal securities laws impose liabilities under certain circumstances on persons who are required to act in good faith. Nothing herein in any way constitutes a waiver or limitation of any rights which the Employer, the Trust, or the Trust Administrator may have under any federal securities laws. The Employer hereby authorizes the Trust Administrator to sign an Internal Revenue Service Form W-9 on behalf of the Employer and to deliver such form to broker-dealers or others from time to time as required in connection with securities transactions pursuant to this Agreement.
6. Trust Administrator’s Other Clients. The Employer understands that the Trust Administrator performs investment advisory services for various other clients which may include investment companies, commingled trust funds and/or individual portfolios. The Employer agrees that the Trust Administrator, in the exercise of its professional judgment, may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Account. The Trust Administrator has no obligation to purchase, sell or exchange any security for the Employer solely by reason of the fact that the Trust Administrator, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for itself or its own accounts.
7. Risk Acknowledgment. The Trust Administrator does not guarantee the future performance of the Account or any specific level of performance, the success of any investment decision or strategy that the Trust Administrator may use, or the success of Trust Administrator’s overall management of the Account. The Employer understands that investment decisions made for the Employer’s Account by the Trust Administrator are subject to various markets, currencies, economic, political and business risks, and that those investment decisions will not always be profitable. The Employer understands that past performance does not necessarily predict future performance for the Account.
The Trust Administrator will manage only the securities, cash and other investments held in Employer’s Account and in making investment decisions for the Account, the Trust Administrator will not consider any other securities, cash or other investments owned by the Employer or any of the Plans. Neither the Trust Administrator nor its officers, directors, agents, employees, and affiliate shall be liable for any losses in the Account, or any loss, cost, indebtedness, or liabilities arising from the Trust Administrator’s management of the investments in the Account (together, “Losses”) except for any Losses that result from an act or omission of the Trust Administrator constituting a violation of law or an act or omission of the Trust Administrator constituting gross negligence, willful misfeasance, bad faith or reckless disregard of its obligations under this Agreement or as otherwise may be provided by law. The Trust Administrator is not responsible for any loss incurred by reason of any act or omission of the Employer, the custodian of the Account, a third party manager, any broker-dealer, or any other third party.
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8. Term of Agreement. The term of this Agreement will commence 06 May, 2025 and expire on May 5, 2028, unless extended. The Employer shall have the option to extend the agreement for (2) two consecutive (1) one-year periods. Either party may terminate this Agreement at any time by giving 60 days’ written notice to the other party of its intent to terminate.
9. Force Majeure. The Trust Administrator has no liability for any losses arising out of the delays in performing or inability to perform the services which it renders under this Agreement which result from events beyond its control, including interruption of the business activities of the Trust Administrator or other financial institutions due to acts of God, acts of governmental authority, acts of war, terrorism, civil insurrection, riots, labor difficulties, or any action or inaction of any carrier or utility, or mechanical or other malfunction.
10. Disciplinary Actions. The Trust Administrator will promptly notify the Employer if the Trust Administrator is found to have violated any state or federal securities law or regulation in any criminal action or civil suit in any state or federal court or in any disciplinary proceeding before the Securities and Exchange Commission or any other regulatory agency or department of the United States, any registered securities exchange, the Financial Industry Regulatory Authority, or any regulatory authority of any State based upon the performance of services as an investment advisor.
11. Confidentiality. The Trust Administrator will not disclose any information relating to the Plans or the Account except to authorized officers of the Employer, the Plan Administrator the Trustee and third parties retained by the Trust Administrator to perform specific services within this Agreement without the Employer’s consent. The Employer will not disclose any information relating the Trust to individuals other than authorized officers of the Employer and the Plan Administrator, or their respective designees, without the Trust Administrator’s consent.
12. Independent Contractor. The Trust Administrator, its employees, officers and representatives, will not be deemed to be employees, agents (except as to the purchase or sale of securities described in Section 1), partners, servants, and/or joint ventures of the Employer or the Account by virtue of this Agreement or any actions or services rendered under this Agreement.
13. Records. The Trust Administrator will maintain appropriate records of all its activities hereunder. The Trust Administrator will use its best efforts to provide the Employer with a statement within 60 days following the end of each calendar quarter showing deposits, withdrawals, purchases and sales (or maturities) of investments, earnings received during the quarter, and the value of assets held on the last business day of the calendar quarter, all as provided for in the Trust Agreement, based on the information requested from and furnished to it by the Trustee.
14. Ownership of Reports and Documents. The Trust Administrator acknowledges that the originals of all correspondence, documents, reports and records produced in the course of providing the services pursuant to this Agreement are the property of the Employer. In the event this Agreement is terminated, the Trust Administrator agrees to provide such originals to the Employer. The Trust Administrator will not furnish copies of any such correspondence, documents reports and records to any party other than the Employer or the Plan Administrator, or their respective designees, or third parties retained by the Trust Administrator to perform services under this Agreement without the 191
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Employer’s consent. Notwithstanding the preceding provisions of this paragraph, the Trust Administrator is authorized to retain copies of any correspondence, documents, reports, and records to the extent needed to comply with applicable law, including but not limited to federal securities laws.
15. Trust Administrator’s Disclosure Statement. The Trust Administrator warrants that it has delivered to the Employer, at least 48 hours prior to the execution of this Agreement, the Trust Administrator’s current Securities and Exchange Commission Form ADV, Part II, including, without limitation, Schedule H thereto (disclosure statement). The Employer acknowledges receipt of such disclosure statement at least 48 hours prior to the execution of this Agreement.
16. Amendment. This Agreement shall not be changed, modified, terminated or discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigns.
17. Successors and Assigns. The provisions of this Agreement are binding on the Trust Administrator and its respective successors and assigns, provided, however, that the rights and obligations of the Trust Administrator may not be assigned without the Employer’s consent.
18. Designees. In accordance with Section 1.18 of the Trust Agreement, the Employer will certify to the Trust Administrator in writing the persons or entity with the plenary authority pursuant to applicable state law over the investment and management of the Employer’s Plans or its designee (“Plan Administrator”). The Plan Administrator has the authority to act on behalf of, and to exercise any of the rights of, the Employer under this Agreement.
In accordance with Section 6.1(l) of the Trust Agreement, the Trust Administrator may designate and engage the services of such agents, representatives, advisors, counsel, accountants and other third parties, including affiliates of the Trust Administrator, and delegate its authority to perform specified services under this Agreement to such third parties. Any such designee shall have the authority to perform the services delegated to it by the Trust Administrator. Any officer of the Trust Administrator has the authority to exercise any of the rights of the Trust Administrator under this Agreement.
19. Notice. Written notices required under this Agreement will be sent by regular mail, certified mail, overnight delivery or courier, and will be deemed given when received at the parties’ respective addresses shown below. Either party must notify the other party in writing of a change in address.
Employer’s Address:
City of Oxnard
300 West Third Street
Oxnard, CA 93030
Attn: City Manager
Trust Administrator’s Address:
Shuster Advisory Group, LLC
155 N. Lake Ave, #500
Pasadena, CA 91101
Attn: Mark Shuster, Managing Member
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20. Arbitration. The Employer understands and agrees that, to the extent permitted by law, all claims and disputes arising out of transactions or activities in connection with the Account, or construction, performance, or breach of this Agreement, will be determined by arbitrators sitting in Los Angeles, California, in accordance with the current rules then in effect of the American Arbitration Association. The arbitrators may allocate attorneys’ fees and arbitration costs between parties. In this regard, the Employer understands that: (1) Arbitration is final and binding on the parties; (2) the parties are waiving their right to seek a judicial determination in court, including the right to jury trial; (3) prearbitration discovery is generally more limited than and different from court proceedings; (4) the arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or seek modification of rulings by the arbitrators is strictly limited; (5) the panel of arbitrators will typically include a minority of arbitrators who are in the securities industry; and (6) arbitration will be conducted according to the securities arbitration rules then in effect of the American Arbitration Association.
21. Applicable Law. This Agreement will be construed, enforced and administered according to the laws of the state of California, without regard to its conflicts of law principles. In the event that either party institutes legal proceedings against the other, venue will lie in any court of competent jurisdiction in the state of California.
22. Entire Agreement. This Agreement, including exhibits and any other documents referenced herein, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, and understandings, whether written or oral, with respect thereto.
23. Severability. If any provision of this Agreement is held by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement will continue in full force and effect.
24. Counterparts. This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed will be deemed to be a complete original and all of which together will constitute one and the same Agreement.
[Signatures on next page]
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ATTEST:
_________________________ _______
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
_________________________ _______
Stephen M. Fischer, City Attorney Date
(always required)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers on the date set forth in the first paragraph of this Agreement.
TRUST ADMINISTRATOR EMPLOYER
Shuster Advisory Group, LLC City of Oxnard
By: By: _____
Its: Its: _____
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INVESTMENT ADVISOR AGREEMENT
MULTIPLE EMPLOYER OPEB 115 TRUST
This agreement (“Agreement”) is entered into between Shuster Advisory Group, LLC (“SHUSTER”), a California limited liability company, and City of Oxnard (“EMPLOYER”) as further identified on Appendix A., as the responsible plan fiduciary for the Plans as further identified in Appendix A, desires to engage SHUSTER to provide the services described in this Agreement according to the terms of this Agreement.
1. Fiduciary Authority. The account for which SHUSTER is providing investment advisory service is part of a multiple employer trust intended to qualify as a tax-exempt trust of a state or political subdivision thereof for an essential governmental function within the meaning of Section 115 of the Code and any regulations issued thereunder and the EMPLOYER has fiduciary authority with respect to the account for the employer.
2. Term. The term of this Agreement will commence May 6, 2025 and expire on May 5, 2028, unless extended.
The EMPLOYER shall have the option to extend the agreement for (2) two consecutive (1) one-year periods.
3. Services. SHUSTER agrees to perform the Fiduciary Services described in Appendix B.
4. Fees.
(A) The compensation, direct and indirect, of SHUSTER for the performance of the Services is described in Appendix C.
5. Fiduciary Status: Limitations on Functions. EMPLOYER acknowledges that:
(A) In performing the Fiduciary Services, SHUSTER is acting as an investment fiduciary of the Plan and as a registered investment advisor under the Investment Advisers Act of 1940. (B) In performing Fiduciary Services, SHUSTER does not act as, nor has SHUSTER agreed to assume the duties of, a trustee or the Plan Administrator, and SHUSTER has no discretion or responsibility to interpret the Plan documents, to determine eligibility or participation under the Plan, or to take any other action with respect to the management, administration or any other aspect of the Plan. (C) SHUSTER does not provide legal or tax advice.
(D) Investments are subject to various market, political, currency, economic, and business risks, and may not always be profitable. As a result, SHUSTER does not and cannot guarantee financial results. (E) SHUSTER may, by reason of performing services for other EMPLOYERs, from time to time acquire confidential information. EMPLOYER acknowledges and agrees that SHUSTER is unable to divulge to the EMPLOYER or any other party, or to act upon, any such confidential information with respect to its performance of this Agreement.
(F) SHUSTER is entitled to rely upon all information provided to SHUSTER (whether financial or otherwise) from reputable third parties or by EMPLOYER, EMPLOYER’s representatives or third-party service providers to EMPLOYER, the Plan or SHUSTER, without independent verification. EMPLOYER agrees to promptly notify SHUSTER in writing of any material change in the financial and other information provided to SHUSTER and to promptly provide any such additional information as may be reasonably requested by SHUSTER.
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(G) EMPLOYER understands that SHUSTER: (i) may perform other services for other clients, (ii) may charge a different fee for other clients, and (iii) may give advice and take action that is different for each client even when retirement plans are similar.
(H) SHUSTER has no responsibility to provide any services related to assets not included in the SHUSTER investment portfolio or purchased directly by Client. Such assets shall be referred to collectively as “Excluded Assets.” The Excluded Assets shall be disregarded in determining the Fees payable to SHUSTER pursuant to this Agreement, and the Fees shall be calculated only on the remaining assets (the “Included Assets”).
6. Representations of EMPLOYER. EMPLOYER represents and warrants as follows:
(A) It is the responsible plan fiduciary for the control and/or management of the assets of the Plan, and for the selection and monitoring of service providers for the Plan. SHUSTER is entitled to rely upon this statement until notified in writing to the contrary.
(B) The person signing the Agreement on behalf of EMPLOYER has all necessary authority to do so. (C) The execution of this Agreement and the performance thereof is within the scope of the investment authority authorized by the governing instrument and/or applicable laws. The signatory on behalf of EMPLOYER represents that the execution of the Agreement has been duly authorized by appropriate action and agrees to provide such supporting documentation as may be reasonably required by SHUSTER. (D) The Plan and related Trust permit payment of fees out of Plan assets. EMPLOYER has determined that the fees charged by SHUSTER are reasonable and are the obligation of the Plan; however, if EMPLOYER desires, it may pay the fees directly, rather than with Plan assets.
7. Representation of SHUSTER. SHUSTER represents as follows:
(A) SHUSTER is registered as an investment adviser (“RIA”) under the Investment Advisers Act of 1940. (B) The person signing this agreement on behalf SHUSTER has the power and authority to enter into and perform this Agreement.
(C) SHUSTER agrees to take reasonable steps to protect Private Participant Information and Plan Investment Data in its possession;
SHUSTER is not responsible for the assessment of systems and procedures of third parties for the protection of plan and participant data;
SHUSTER is not responsible for the actions by or the failure to act by EMPLOYER, by other service providers, or by Plan participants to protect Data; SHUSTER shall have no liability in the event of a Data breach or a violation of participant privacy rights (under the California Consumer Privacy Act or otherwise) unless said breach is the direct result of negligence, recklessness, or willful misconduct of an employee of SHUSTER.
8. Standard of Care. SHUSTER will perform the Fiduciary Services described in Appendix B to the Plan in accordance with the standard of care of the prudent man rule set forth in ERISA Section 404(a)(1)(B).
9. Termination. Either party may terminate this Agreement upon 30 days prior written notice to the other party.
Such termination will not, however, affect the liabilities or obligations of the parties arising from transactions initiated prior to such termination, and such liabilities and obligations (together with the provisions of section 8, 17, and 18) shall survive any expiration or termination of this Agreement. Upon termination, SHUSTER will 196
have no further obligation under this Agreement to act or advise EMPLOYER with respect to services under this Agreement.
10. Receipt of Disclosure and Consent to Electronic Delivery. EMPLOYER acknowledges receipt and undertakes to review and consider the disclosures made by SHUSTER (including in this Agreement, the Form ADV Part 2 and SHUSTER Privacy Policy), in particular the portions related to services, compensation, and potential conflicts of interest, as well as the remainder of the disclosures concerning, among other matters, background information such as educational and business history, business practices such as the types of advisory services provided, the methods of securities analysis used, and the like.
Further, EMPLOYER consents to electronic delivery (via email or other generally accepted method) of current and future distributions of SHUSTER’s Form ADV Part 2 and Privacy Policy. Consent to electronic delivery may be canceled at any time by sending a written request to SHUSTER.
11. Notices. Any and all notices required or permitted under this Agreement shall be in writing and shall be sufficient in all respects if (i) delivered personally, (ii) mailed by registered or certified mail, return receipt requested and postage prepaid, or (iii) sent via a nationally recognized overnight courier service to the EMPLOYER’s address listed on Appendix A and SHUSTER’s address, 155 N. Lake Ave, Ste. 500, Pasadena, CA 91101, or such other address as any party shall have designed by notice in writing to the other party.
12. Assignability. This Agreement is not assignable by either Party hereto without the prior written consent of the other Party.
13. Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors, survivors, administrators and assigns.
14. Entire Understanding and Modification. This Agreement constitutes and contains the entire understanding between the parties and supersedes all prior oral or written statements dealing with the subject matter herein. This Agreement can be amended or modified by the written consent of the Parties.
15. Severability. If any one or more of the provisions of this Agreement shall, for any reason, be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be enforced as if such illegal or invalid provision had not been contained herein.
16. Headings. All headings used herein are for ease of reference only and in no way shall be construed as interpreting, decreasing or enlarging the provisions of this Agreement.
17. Applicable Law; Forum. The laws of the State of California shall govern this Agreement in all respects, including but not limited to the construction and enforcement thereof, unless otherwise preempted or superseded by federal law.
18. Arbitration Agreement. To the extent permitted by law, all controversies between EMPLOYER and SHUSTER, which may arise out of or relate to any of the services provided by SHUSTER under this Agreement, or the construction, performance or breach of this or any other Agreement between SHUSTER and EMPLOYER, whether entered into prior to, on or subsequent to the date hereof, shall be settled by binding arbitration in Pasadena, Los Angeles County, California, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered into any court having jurisdiction.
19. Amendment Process. The Agreement may be modified, by written agreement of both EMPLOYER and SHUSTER.
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ATTEST:
_________________________ _______
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
_________________________ _______
Stephen M. Fischer, City Attorney Date
(always required)
20. Waiver of Limitation. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which EMPLOYER or Plan or any other party may have under federal or state securities laws.
This Agreement constitutes both an agreement between the parties and a disclosure statement. The Parties have caused this Agreement to be executed by their duly authorized officers as of the date set forth above. This Agreement shall not be binding on SHUSTER or the EMPLOYER until each has accepted it, in writing, as indicated by their signatures below.
EMPLOYER: Shuster Advisory Group, LLC
Signature: _____________________________ Signature: ____________________________ Name: Name: Mark Shuster
Title: Title: Managing Member
Date: Date:_______________________________
*The EMPLOYER is signing this Agreement both as the employer that sponsors the Plan and as the fiduciary responsible for selecting the Plan’s investments and engaging its service providers. 198
APPENDIX A – EMPLOYER/PLAN SPONSOR - PLAN INFORMATION
EMPLOYER/Plan Sponsor
City of Oxnard
Tax ID#
95-6000756
Plan Name 1
City of Oxnard OPEB Trust Account
Type of Plan
☒OPEB Plan ☐Pension Plan
☐Other:
Plan Name 2 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Plan Name 3 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Plan Name 4 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Plan Name 5 Type of Plan
☐OPEB Plan ☐Pension Plan
☐Other:
Mailing Address
300 West Third Street
City
Oxnard
State
CA
Zip Code
93030
Phone
805-385-7457
Email (for purposes of notice/electronic delivery)
[email protected]
Legal Address (☒Same as Mailing Address) City State Zip Code 199
APPENDIX B – FIDUCIARY SERVICES
SHUSTER will perform the following fiduciary services:
1. Development of an Investment Policy Statement (IPS). The IPS establishes the investment policies and objectives for the Plan(s) as well as the criteria and standards for selecting and monitoring the investments.
The EMPLOYER shall have the ultimate responsibility and authority to establish such policies and objectives and to adopt the investment policy statement.
2. Consistent with the Investment Policy Statement, SHUSTER will select the initial investment options within the Plan(s).
3. SHUSTER will periodically review the investments within the Plan(s) and shall be responsible for making additions/deletions thereto.
4. SHUSTER will provide periodic investment advisory reports that document consistency of fund management and performance to the guidelines set forth in the IPS, and to make recommendations to maintain, or remove and replace investment options. Reports to include: Market Overview, In-Depth Portfolio Summary, Plan Asset Allocation Analysis and Fund Performance Comparison to the Index.
5. Meet with EMPLOYER on a periodic basis to discuss reports and recommendations.
6. Annually review the IPS with the EMPLOYER to ensure it continues to meet the EMPLOYER’s needs.
LIMITATIONS ON FIDUCIARY SERVICES
SHUSTER shall not be responsible or liable for the recommendations of or services rendered by anyone other than SHUSTER. The ability to perform the above services is contingent upon the rules, policies, processes, and responsiveness to our requests for information of EMPLOYER, Plan Sponsor, Custodian, and Trustee. 200
APPENDIX C - FEE SCHEDULE
1. SHUSTER will not receive any other compensation, direct or indirect, for its services under this agreement. If SHUSTER receives any other compensation for Services, SHUSTER will disclose the amount of such compensation, the services provided for such compensation, the payer of such compensation, and a description of SHUSTER’s arrangement with the payer to the EMPLOYER and will offset that compensation against its stated fees.
2. All fees are billed in arrears.
3. The initial fee will be the amount, prorated for the number of days included in the initial billing period from the effective payment start date.
4. If this Agreement is terminated prior to the end of a billing period, SHUSTER shall be entitled to a fee, prorated for the number of days in the billing period prior to the effective date of termination.
5. All fees will be due and payable within 30 days and are payable to “Shuster Advisory Group, LLC”
6. The annual fee for services shall be as follows:
Beginning with the effective date of this Agreement, the annual fee for service shall be 0.12% (12 basis points) per annum, charged as 0.01% monthly to all included assets in each Plan as of the date of the calculation. Fees will be deducted from Plan assets and will be paid to SHUSTER by the Trust/Custodian for the Plan(s).
At SHUSTER’s discretion the billing period described above may be adjusted to quarterly. 201
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: May 6, 2025
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Third Amendment with Paymentus for Credit Card Merchant Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the Third Amendment to the agreement with Paymentus (9046-20-CT), for credit card merchant services, extending the term of agreement to December 31, 2027, and increasing the contract amount by $702,000 for a not-to-exceed contract amount of $1,783,720. (The Finance and Governance Committee approved 3-0 on April 22, 2025)
BACKGROUND
The City of Oxnard approved the use of credit cards to pay City Fees and bills in 2003. Processing credit card payments requires a payment gateway and a payment processor. A payment gateway is the technology that securely accepts and processes customer credit card information, encrypting it and sending it to a payment processor for authorization, enabling businesses to accept online and in-person payments. A payment processor, or credit card processor, is a company or service that facilitates electronic transactions between customers and businesses by processing and authorizing credit card, debit card, and other digital payment methods, ensuring funds are securely transferred.
On December 30, 2020 the City entered into a three-year agreement with Paymentus as payment gateway for credit card and debit card merchant services, after Bank of America communicated that it was stopping the credit card processing service. On December 21, 2021, City Council ratified the first amendment to the agreement with Paymentus, that added the function of credit card merchant processor to the scope of services. That first amendment to the agreement became effective in June 2022, after the configuration was completed, and continues for a period of 3 (three) years. .
On July 29, 2021, the City Council adopted Resolution No. 15,479. In this Resolution, the City was allowed to impose a fee (referred to as convenience fee, service fee, or processing fee interchangeably) of 2.35% per transaction whenever a customer uses credit card, debit card, or electronic check to pay for City Services. The fees were not implemented due to the City Council approving the recommendation of such fees with an amendment to not implement the fees until the local declarations of emergency related to COVID 19 was suspended. On February 20, 2024 the City Council adopted Resolution No. 15,762 allowing the City to pass on the processing fee charged by Paymentus to customers for the use of credit cards, debit cards and electronic checks, and directing staff to implement the changes.
Paymentus supports credit card payments for utility billing, permits and business licensing related services. The City currently administers those services through the legacy software HTE.
The City has been working with credit card processing vendors and is ready to implement Resolution No. 15,762.
DISCUSSION
In December 2021, Paymentus became both the payment gateway and payment processor for utility billing, permits and 202
business license services. The current agreement expires in June 2025.
At the beginning of the implementation of the City’s ERP with Tyler Technologies there was an understanding that Paymentus would be the partner for credit card payments processing after the full implementation of all the ERP modules.
Unfortunately, that is not currently the case, and staff will recommend transition to merchant service processor that fully integrates with Tyler software, through the separate agenda item.
This proposed amendment would allow the City to continue to accept credit and debit card, and electronic check payments for utility billings, while the City is still using the legacy system for utility billing, and will be phased out after the implementation of the corresponding component of the Tyler ERP.
The proposed amendment establishes a convenience fee as indicated in the table below, and extends the agreement until December 31, 2027, to allow processing credit card payments through the transition to the new utility billing.
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
Under this agreement, and in line with Council direction provided in July 29, 2021, further updated on February 20, 2024 any processing fees payable to Paymentus for payment processing services, including the fees earned by the credit card providers themselves (Visa / Mastercard) are charged by the payment processor directly to the individual or organization that chooses to make a payment using a credit / debit card or e-check. The only exception is that when customers choose to make a payment to their Utility Bills over the counter with a city staff.
The City cost share associated to this contract will be derived from utility billing payments made over the counter in the City’s Service Center. Utility billing is anticipated to transition to Tyler Munis in the second part of calendar year 2027, and at that time the credit card payments related to utility billing will be processed through the agreement with Tyler Payments.
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The requested amount for the Paymentus contract will be allocated per fiscal year as summarized in the table below.
FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
7251623-53500 Utility Billing $60,000.00 $257,000.00 $257,000.00 $128,500.00 TOTAL $60,000.00 $257,000.00 $257,000.00 $128,500.00
Staff has estimated the annual amounts required for this contract based on the assumption that 30% of credit card payments related to utility billing will be made over the counter at the City’s Service Center.
For FY 2024/25, the additional amount will be absorbed by the current budget, and in the future, it will be incorporated in the budget process.7
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on April 22, 2025 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. Agreement 9046-20-CT
2. First Amendment - 9046-20-CT
3. Second Amendment - 9046-20-CT
4. Third Amendment - 9046-20-CT
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207
208
209
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11605 N. Community House Road, Suite 300
Charlotte, NC 28277
CONFIDENTIAL AND PROPRIETARY
Paymentus legal | Revised 6.10.20
AMENDMENT NO. 3 TO MASTER SERVICES AGREEMENT
This Amendment No. 3 (“Amendment”) amends the Master Services Agreement effective as of December 30, 2020 which was modified by Amending Agreement dated November 2, 2021 and Amendment No. 2 dated May 2, 2024 (collectively the “Agreement”) between City of Oxnard, CA (“Client”) with a principal place of business located at 214 South C Street, Oxnard, CA 93030 and Paymentus Corporation, a State of Delaware Corporation with a principal place of business at 11605 N. Community House Rd, Suite 300, Charlotte, North Carolina 28277 (“Paymentus”). Client and Paymentus are also referred to as “Party” and collectively as the “Parties.” This Amendment is effective at the time of the last to sign of the Parties (“Amendment Effective Date”).
STATEMENT OF PURPOSE
Client and Paymentus entered into the Agreement for electronic bill payment services; The Parties agree to amend the Agreement to update the Paymentus Fee Schedule, revise exclusivity, and extend the term to December 31, 2027.
AGREEMENT
In consideration of mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and Paymentus agree as follows:
1. Amendment. The Agreement is hereby amended as of the Amendment Effective Date as follows:
1.1 Schedule A – Paymentus Fee Schedule (“Schedule A”) of the Agreement is hereby deleted and the new Schedule A attached here to is substituted in lieu thereof.
1.2 The Parties agree to extend the term (“Term”) of the Agreement to December 31, 2027 (“End Date”). Upon 180- days written notice, Client may terminate Services and the Agreement as of June 30, 2027 or the first day of any month thereafter prior to the End Date (such date the “Early Termination Date”) and Client agrees to pay an early termination fee (the “Early Termination Fee”) of $50,000.00. If Client elects an Early Termination Date later than June 30, 2027, the Early Termination Fee will be reduced by $8,000.00 for each month Client continues to use Paymentus prior to End Date. Any transactions processed after End Date will automatically renew this Agreement for an additional six (6) month period (“Renewal Term”). Any additional extensions requested of this Agreement will be for a minimum period of six (6) months.
1.3 Section 2.1 of the Agreement is hereby deleted and replaced with the following:
When selected on Schedule A, Paymentus will provide Users the opportunity to view and receive bills, make Payments using the payment methods provided under Schedule A and other payment methods and wallets as offered by Paymentus from time to time. The Payment methods and other services provided may be used within the channels described on Schedule A or on other websites or mobile/web apps or chatbots or voice assistants that are part of the Instant Payment Network™, (collectively referred to as the "Platform"). Paymentus will provide a mechanism by which Client may select channels and payment methods it wishes to offer Users. Paymentus will be the exclusive provider to Client of services included in the Services, with the exception of Non-Utility payments.
2. Miscellaneous:
Agreement # 9046-20-CT
231
11605 N. Community House Road, Suite 300
Charlotte, NC 28277
CONFIDENTIAL AND PROPRIETARY
Paymentus legal | Revised 6.10.20
2.1 This Amendment is binding and inures to the benefit of the Parties and their respective successors and assigns.
2.2 All other terms and conditions of the Agreement not modified by this Amendment remain in full force and effect.
2.3 This Amendment may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized representatives.
CITY OF OXNARD, CA PAYMENTUS CORPORATION
By: __________________________________________ By: __________________________________________ Printed Name: _________________________________ Printed Name: _________________________________ Title: _________________________________________ Title: ________________________________________ Date: ________________________________________ Date: ________________________________________ Agreement # 9046-20-CT
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
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11605 N. Community House Road, Suite 300
Charlotte, NC 28277
CONFIDENTIAL AND PROPRIETARY
Paymentus legal | Revised 6.10.20
Schedule A – Paymentus Fee Schedule
The Services will initially consist of the Services indicated in the following table. The Paymentus Fees (“Fees”) are specified below, and will be paid by the Client (“Client Fee”), unless Client designates as a User Fee (“User Fee”). Client directs Paymentus to implement the Fees set forth below:
Payment Method Payment Type Paymentus Fee Fee Model
Instant Payment Network™
All payment methods offered under IPN and digital wallets such as PayPal, Venmo, PayPal Credit, Apple Pay, Google Pay, PayPal CFS and others as offered by Paymentus
Utility $3.95 per Payment
User Fee
Non-Utility 2.95% of the Payment Amount
Credit, Debit Cards
Utility $3.95 per Payment
User Fee
Non-Utility 2.95% of the Payment Amount
ACH/eCheck
Utility $0.50 per Payment
User Fee
Non-Utility 2.95% of the Payment Amount
Chargebacks and Return Check Fee $9.95 per item Client Fee Client shall comply with all program rules, network rules and applicable laws in connection with Client’s assessment of the Fees set forth above. Multiple Payments may be made. Paymentus may apply different limits per Payment for User adoption or to mitigate risk.
Payment Type Average Bill Amount Maximum Payment Amount Utility $200.00 $5,000.00
Non-Utility Varies $20,000.00
Agreement # 9046-20-CT
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: May 6, 2025
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Agreement with Tyler Technologies, Inc. for Credit Card Merchant Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a five-year agreement with Tyler Technologies, Inc. (A-8584) for credit card merchant services.
(The Finance and Governance Committee approved 3-0 on April 22, 2025)
BACKGROUND
For many years the City has accepted payment for utility services, business licensing, parking and other fees / services via credit / debit card and e-check in addition to more traditional methods of payment. In order to offer payment by credit / debit card and e-Check, the city must maintain agreements with credit card processing companies who manage the transactions between the customer and city bank accounts. Paymentus is the current credit card merchant services provided for utility billing and billing and business licensing payments. On February 20, 2024, Staff informed Council of the need to contract with Tyler in order to continue to offer these payment services as the City continues to implement the Tyler Enterprise Resource Planning (ERP) software.
DISCUSSION
The City continues to implement new ERP software as part of the multi-year ERP project, with this new software owned and maintained by Tyler Technologies, Inc. The City was informed by Tyler in the last twelve months that they will cease to support the City’s current payment processor, Paymentus, choosing instead to offer its customers with its own payment processing service that fully integrates with the Tyler software.
This agreement would initially enable the City to accept credit and debit card payments for the lunching of the Tyler Enterprise Planning and Licensing (EPL) phase of the ERP project, anticipated to go live in summer 2025, and would allow a number of miscellaneous fees and charges invoiced via general billing in the City’s main ERP system, such as special event permits, alcohol compliance fees, rental invoices, emergency response reimbursements and other miscellaneous items in a Payment Card Industry Data Security Standard (PCI) compliant manner as currently these fees can only be paid via cash or check. Furthermore, this agreement will ensure that the City is able to continue to offer these payment services with a fully integrated and supported vendor when the City launches the Tyler Utility Billing module in late 2027.
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 234
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
Under this agreement, and in line with Council direction provided in July 29, 2021, further updated on February 20, 2024 any processing fees payable to Tyler for payment processing services, including the fees earned by the credit card providers themselves (Visa / Mastercard) are charged by the payment processor directly to the individual or organization that chooses to make payment using credit / debit or e-check.
The timing of these customer charges will depend on when the City implements each of the remaining ERP phases and then interfaces with Tyler Payments to provide payment processing services. There are no plans to integrate Tyler Payments with the City’s legacy systems.
When the City launches Tyler Enterprise Planning and Licensing (anticipated Summer 2025) • Customers who choose to pay for their business license, planning permit or general bill will be charged a service fee of 3.75%, with a minimum charge of $2.50.
• e-Checks will be $1.00 per transaction.
When the City launches Tyler Utility Billing (anticipated to be late 2027) • Customers who choose to pay their utility bill via credit / debit card will be charged a service fee of 2.95% of the transaction, with a minimum charge of $2.50.
• e-Checks will be $1.00 per transaction.
This agreement does include pricing for two physical card processors (card readers) that may be purchased during the term of this agreement. There are sufficient appropriations within the City’s operating budget to cover this minor expense. The City has already purchased card readers that will integrate with Tyler Payments, purchased under separate ERP agreement A-8767.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on April 22, 2025 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. Oxnard Payments Quote
2. Tyler Payment Processing Agreement A-8584
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2023-432786-M0F7Y0 Page 1 Quoted By: Karen Grosset Quote Expiration: 08/25/25 Quote Name: City of Oxnard - ERP/EPL - Payments Quote Description: Passing Model Sales Quotation For: Shipping Address: City of Oxnard cOxnard CA 93030-5730 Payments List Price Service % Min Basis Points Rate Cap POS Online IVR Payments - Payer Card Cost - Service Fees Enterprise ERP Payments General Billing 2.95% $ 2.50 X X Utility Billing 2.95% $ 2.50 X X X Enterprise Permitting & Licensing Payments Community Development (Permitting) 3.75% $ 2.50 X X Community Development (Planning) 3.75% $ 2.50 X X Payments - Other Fees Enterprise ERP Credit Card Chargebacks $ 15.00 eCheck Rejects $ 5.00 Payer eCheck Cost $ 1.00 236
2023-432786-M0F7Y0 Page 2 Enterprise Permitting & Licensing Credit Card Chargebacks $ 15.00 eCheck Rejects $ 5.00 Payer eCheck Cost $ 1.00 Payer Card Cost Per card transaction with Visa, MasterCard, Discover, and American Express. IVR Cost Additional $0.50 per transaction on top of Card and eCheck Fee. Payer eCheck Cost Per electronic check transaction. eCheck Rejects When an eCheck transaction comes back as declined (e.g bounced check) Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card) Payments Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment-card-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms. Please see attached Payments fee schedule. 3rd Party Hardware, Software and Services Description Qty Unit Price Unit Discount Total Price Unit Maint/SaaS Unit Maint/SaaS Discount Total Maint/SaaS Payments Lane 7000 Terminal Purchase 2 $ 529.00 $ 0.00 $ 1,058.00 $ 0.00 $ 0.00 $ 0.00 Payments PCI Service Fee (Per Device) 2 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 0.00 $ 360.00 TOTAL $ 1,058.00 $ 360.00 Summary One Time Fees Recurring Fees Total Tyler License Fees $ 0.00 $ 0.00 Total SaaS $ 0.00 $ 0.00 Total Tyler Services $ 0.00 $ 0.00 237
2023-432786-M0F7Y0 Page 3 Total Third-Party Hardware, Software, Services $ 1,058.00 $ 360.00 Summary Total $ 1,058.00 $ 360.00 Contract Total $ 1,418.00 Client’s purchase of the items listed above is subject to the Comments below Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval: Date: Print Name: P.O.#: All Primary values quoted in US Dollars Comments Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors. Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost. 238
2023-432786-M0F7Y0 Page 4 In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. The Implementation Hours included in this quote assume a work split effort of 0% Client and 0% Tyler. Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. Fees for year one of hardware maintenance will be invoiced as of the first day of the calendar month following the date the hardware is delivered and may be prorated to end coterminous with the Annual Support Maintenance term. Subsequent annual hardware maintenance fees shall be invoiced together with the Annual Support Maintenance term in accordance with the terms of the Agreement. 239
1 Payment Processing Agreement
This Payment Processing Agreement (this “Processing Agreement”) is made and entered into by and between Tyler Technologies, Inc., a Delaware corporation (“Tyler”), and the City of Oxnard, California (the “Merchant”).
1. ACKNOWLEDGEMENTS
a. By executing this Processing Agreement, Merchant is contracting with Tyler to obtain Card processing services on Merchant’s behalf.
b. Merchant acknowledges that Tyler contracts with a payment processor (a “Processor”), Members, and other third party providers to provide services under this Processing Agreement, and Merchant hereby consents to the use of such Processor, Members, and others to provide such services.
c. To the extent elected in the Investment Summary attached hereto as Exhibit C, Tyler will provide Merchant with eCheck/ACH payment processing services for any eligible account as a turn-key solution or by presenting ACH Transactions in a NACHA Standard file submission to Merchant’s Originating Depository Financial Institution (ODFI) as agreed to in the Investment Summary. ACH Transactions and Card Transactions may collectively be referred to as “Transactions.”
2. MEMBER BANK AGREEMENT REQUIRED
a. When Merchant’s customers pay Merchant through Tyler, Merchant may be the recipient of a Card funded payment. The organizations that operate these Card systems (such as Visa U.S.A., Inc. and MasterCard International Incorporated; collectively, the “Associations”) require that Merchant (i) enter into a direct contractual relationship with an entity that is a member of the Association and (ii) agree to comply with Association Rules as they pertain to applicable Card Transactions that Merchant submits through Tyler. If Merchant accepts American Express, then Merchant agrees that the terms of Exhibit A shall apply. b. Merchant shall complete an application with the Member with which Tyler has contracted and execute an agreement with such Member (the “Member Bank Agreement”). By executing a Member Bank Agreement, Merchant is fulfilling the Association Rule of entering into a direct contractual relationship with a Member, and Merchant agrees to comply with Association Rules as they pertain to Card Transactions Merchant submits for processing through the Tyler service. c. Merchant acknowledges that Tyler may have agreed to be responsible for some of Merchant’s obligations to a Member for such Transactions as set forth in the Member Bank Agreement.
Member may debit the Merchant Bank Account for chargebacks, returns, refunds and other fees, however, in the event Member assesses any such chargeback, returns, refunds, or other fees to Tyler, Tyler may invoice the same to Merchant.
3. SETTLEMENT AND CHARGEBACKS
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2 a. Merchants Bank Account. In order to receive funds, Merchant must maintain a bank account (the “Merchant Bank Account”) at a bank that is a member of the Automated Clearing House (“ACH”) system and the Federal Reserve wire system. Merchant agrees not to close the Merchant Bank Account without giving Tyler at least thirty (30) days’ prior written notice and substituting another bank account. Merchant is solely liable for all fees and costs associated with Merchant Bank Account and for all overdrafts. Tyler shall not be liable for any delays in receipt of funds or errors in bank account entries caused by third parties, including but not limited to delays or errors by the Member Bank or payment processor to Merchant Bank Account. b. Settlement. Transactions shall be settled according to the terms of the Member Bank Agreement using the account(s) which are designated by Merchant.
c. Chargebacks, Returns and Refunds. Chargebacks, returns and refunds paid for ACH Transactions shall be paid by Merchant in accordance with the Member Bank Agreement. d. Retrieval Requests. Merchant is required by the Associations to store original documentation, and to timely respond to Retrieval Requests, of each Transaction for at least six months from the date of the respective Transaction, and to retain copies of all such data for at least 18 months from the date of the respective Transaction. Merchant is responsible for any Chargebacks that result from Merchant’s failure to timely respond to Retrieval Requests for documentation relating to a Transaction.
4. FEES AND INVOICING
a. Investment Summary. Merchant agrees to pay Tyler the fees set forth in or attached to the Investment Summary for services provided by Tyler and to which this Agreement is hyperlinked or attached. This may include fees for Payment Service Devices or other Equipment that Merchant has elected to purchase or rent as set forth on the Investment Summary. Fees for purchase will be invoiced upon shipment and Fees for rental will be invoiced annually in advance. All Fees due hereunder are due within 45 days of invoice. The terms and conditions of such purchase or rental are set forth on Exhibit B attached hereto and incorporated herein. b. Adjustments to Pricing. By giving written notice to Merchant, Tyler may change Merchant’s fees, charges and discounts resulting from (i) changes in Association fees (such as interchange, assessments and other charges); (ii) changes in pricing by any third party provider of a product or service used by Merchant; or (iii) other market adjustment. Such new prices shall be applicable as of the effective date established by the Association or third party provider, or as of any later date specified in Tyler’s notice to Merchant. In addition, Tyler may update pricing for rental of Equipment by giving written notice to Merchant at the end of any initial rental term or when such Equipment is upgraded to a newer model or replaced in accordance with the pricing set forth on Tyler’s then-current Investment Summary.
c. Payment of Fees.
i. Online Payments. For payments that are initiated online, a convenience fee or service fee may be assessed to the Cardholder for each payment transaction that is paid electronically using a credit or debit card. Such convenience fee or service fee is set forth in the Investment Summary and will be charged at the time of the transaction to be Agreement A-8584
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3 deposited directly into a Tyler bank account from which all fees associated with processing and settling the Card Transactions will be paid. ii. Over the Counter Payments. For payments that are initiated in your offices, a service fee may be assessed to the Cardholder for each payment transaction as set forth in the Investment Summary, and such fees will be charged at the time of the transaction to be deposited directly into a Tyler bank account from which all fees associated with processing and settling the transactions will be paid. For all other fees (e.g. hardware, maintenance, etc.), Tyler shall invoice Merchant as set forth in the Investment Summary.
Each invoice shall state the total invoiced amount and shall be accompanied by a reasonably detailed itemization of fees. Following receipt of a properly submitted invoice, the Merchant shall pay amounts owing therein thirty (30) days in arrears. iii. eCheck/ACH Payments. In addition, Tyler shall be authorized to charge eCheck/ACH fees and other fees specified in an Investment Summary to the end user. Unless otherwise set forth in the Investment Summary, fees will be charged at the time of the transaction to be deposited directly into a Tyler bank account.
5. LICENSE
Tyler hereby grants Merchant a non-exclusive, revocable license to use the Tyler Intellectual Property (as defined in Section 1.c) for the limited purpose of performing under this Processing Agreement. Merchant shall at all times be responsible for compliance with applicable law and Association Rules. Unless otherwise provided in a separate agreement between Tyler and Merchant, any Intellectual Property or machinery provided by Tyler, but not developed by Tyler, is being licensed or purchased by Merchant directly from the manufacturer or developer of such machinery or Intellectual Property. Merchant acknowledges that the license granted herein is limited to Merchant’s use exclusively and that Merchant does not have the right to sub-license any of the Intellectual Property in either their original or modified form. Merchant agrees that it shall not reverse-engineer, disassemble or decompile the Intellectual Property. Merchant shall not give any third party, except Merchant’s employees, access to the Intellectual Property without Tyler’s prior written consent.
6. THIRD PARTY PROVIDERS
Tyler may, in its sole discretion, contract with alternate Members, payment processors or other third party providers to provide services under this Processing Agreement. In such event, Merchant shall reasonably cooperate with Tyler, including the execution of a new Member Bank Agreement by Merchant; provided, however, that if the terms and conditions of the new Member Bank Agreement are substantially different than Merchant’s existing Member Bank Agreement, then Merchant shall have the right to terminate this Processing Agreement.
7. CONFIDENTIAL AND PROPRIETARY INFORMATION
a. Protection of Tyler Confidential and Proprietary Information. Merchant shall not disclose, disseminate, transmit, publish, distribute, make available, or otherwise convey Tyler Confidential and Proprietary Information, and Merchant shall not use, make, sell, or otherwise exploit any such Tyler Confidential and Proprietary Information for any purpose other than the performance of this Processing Agreement, without Tyler’s written consent, except: (a) as may be required by Agreement A-8584
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4 law, regulation, judicial, or administrative process; or (b) as required in litigation pertaining to this Processing Agreement, provided that Tyler is given advance notice of such intended disclosure in order to permit it the opportunity to seek a protective order. Merchant shall ensure that all individuals assigned to perform services herein shall abide by the terms of this Section 7(a) and shall be responsible for breaches by such persons. b. Judicial Proceedings. If Merchant is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any Tyler Confidential and Proprietary Information, Merchant shall provide Tyler with prompt written notice of such request or requirement so that Tyler may seek protective orders or other appropriate remedies and/or waive compliance with the provisions of this Processing Agreement. If, in the absence of a protective order or other remedy or the receipt of a waiver by Tyler, Merchant nonetheless is legally compelled to disclose Tyler Confidential and Proprietary Information to any court or tribunal or else would stand liable for contempt or suffer other censure or penalty, Merchant may, without liability herein, disclose to such court or tribunal only that portion of Tyler Confidential and Proprietary Information which the court requires to be disclosed, provided that Merchant uses reasonable efforts to preserve the confidentiality of Tyler Confidential and Proprietary Information, including, without limitation, by cooperating with Tyler to obtain an appropriate protective order or other reliable assurance that confidential treatment shall be accorded Tyler Confidential and Proprietary Information.
c. Security of User IDs and Passwords. Merchant is solely responsible for maintaining the confidentiality of its user IDs and passwords and all activities that occur under Merchant’s user IDs, even if fraudulent or not authorized by Merchant. Merchant acknowledges the heightened risk associated with access to its User IDs, passwords, transaction and account information (collectively, “Account Information”). Merchant represents and warrants that (i) Merchant will comply with applicable Association Rules and applicable law, (ii) Merchant will establish policies and procedures to protect such information in conformity with Association Rules and applicable law, including the storage and disclosure of such Account Information, (iii) Merchant will exercise reasonable care to prevent use or disclosure of Account Information. Merchant, and not Tyler, will be solely responsible for all activity, including all approvals, Transactions, chargebacks, returns and refunds processed, using Merchant’s user IDs and passwords. If a forensic investigation is initiated by a Card Network, Member, Tyler or Tyler’s Processor, then Merchant agrees to cooperate with such investigation until it is complete, including, without limitation, by providing logs related to its User IDs and passwords and Merchant’s compliance with Association Rules and applicable law.
8. REPRESENTATIONS AND WARRANTIES
a. No Actions, Suits, or Proceedings. There are no actions, suits, or proceedings, pending or, to the knowledge of Tyler, threatened, that shall have a material adverse effect on Tyler’s ability to fulfill its obligations pursuant to or arising from this Processing Agreement. b. Compliance with Laws and PCI DSS. Tyler and Merchant shall comply in all material respects with applicable federal, state, and local statutes, laws, ordinances, rules, and regulations. Merchant shall comply with PCI DSS version 4.0 and any more current versions or amendments thereto, Agreement A-8584
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5 including, without limitation, any relevant maintenance, inspection, scanning, remediation and training obligations set forth therein.
c. Ownership. Tyler is a Delaware corporation that is listed for trading on the New York Stock Exchange.
d. Certain Business Practices. Neither Tyler nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Processing Agreement by any federal department or agency. Tyler further represents and warrants that it is not listed on any local, state or federal consolidated list of debarred, suspended, and ineligible contractors and grantees. e. Equipment Manufacturer Warranties. Tyler will pass through to Merchant any applicable manufacturer warranties that apply to Equipment purchased by Merchant through this Agreement.
f. Disclaimer of Implied Warranties. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS
PROCESSING AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
TYLER HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY
TYLER’S LIABILITY TO MERCHANT FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
PROCESSING AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING
NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE TOTAL FEES PAID TO TYLER UNDER THIS
PROCESSING AGREEMENT (NET OF ASSOCIATION INTERCHANGE, ASSESSMENTS AND FINES) FOR THE SIX MONTHS PRIOR TO THE TIME THE LIABILITY AROSE.
WHILE BOTH PARTIES ACKNOWLEDGE THAT THIS IS AN AGREEMENT FOR SERVICES TO WHICH THE
UNIFORM COMMERCIAL CODE DOES NOT APPLY, IN NO EVENT SHALL TYLER BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST
REVENUES OR PROFITS, OR LOSS OF BUSINESS OR LOSS OF DATA ARISING OUT OF THIS PROCESSING
AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
10. INDEMNIFICATION
a. Chargebacks and Refunds. Merchant acknowledges that Tyler has agreed to be responsible for some of Merchant’s obligations to a Member for Transactions and Association Rules as set forth in the Member Bank Agreement. Member should debit the Merchant Account for chargebacks, returns, refunds, assessments, penalties and fines, and in the event Member assesses any such amounts to Tyler, including any amounts in excess of the balance of the Merchant Account, Tyler shall invoice the same to Merchant.
b. Applicable Law and Interpretations: Merchant shall indemnify and hold harmless Tyler from and against any claim or action related to Merchant’s violation of applicable law and/or Association Agreement A-8584
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6 Rules including without limitation any election to apply custom fee structures or customer surcharges.
c. Intellectual Property.
i. Tyler retains all ownership and copyright interest in and to any and all intellectual property, computer programs, related documentation, technology, know how and processes developed by Tyler and provided in connection with this Processing Agreement (collectively, the “Intellectual Property”),
ii. Notwithstanding any other provision of this Processing Agreement, if any claim is asserted, or action or proceeding brought against Merchant that alleges that all or any part of the Intellectual Property, in the form supplied, or modified by Tyler, or Merchant’s use thereof, infringes or misappropriates any United States intellectual property, intangible asset, or other proprietary right, title, or interest (including, without limitation, any copyright or patent or any trade secret right, title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, Merchant, upon its awareness, shall give Tyler prompt written notice thereof. Tyler shall defend, and hold Merchant harmless against, any such claim or action with counsel of Tyler’s choice and at Tyler’s expense and shall indemnify Merchant against any liability, damages, and costs resulting from such claim. Without waiving any rights pursuant to sovereign immunity, Merchant shall cooperate with and may monitor Tyler in the defense of any claim, action, or proceeding and shall, if appropriate, make employees available as Tyler may reasonably request with regard to such defense. This indemnity does not apply to the extent that such a claim is attributable to modifications to the Intellectual Property made by Merchant, or any third party pursuant to Merchant’s directions, or upon the unauthorized use of the Intellectual Property by Merchant. d. If the Intellectual Property becomes the subject of a claim of infringement or misappropriation of a copyright, patent, or trade secret or the violation of any other contractual or proprietary right of any third party, Tyler shall, at its sole cost and expense, select and provide one of the following remedies, which selection shall be in Tyler’s sole discretion: (a) promptly replace the Intellectual Property with a compatible, functionally equivalent, non-infringing system; or (b) promptly modify the Intellectual Property to make it non-infringing; or (c) promptly procure the right of Merchant to use the Intellectual Property as intended.
11. TAXES
a. Tax Exempt Status. Merchant is a governmental tax-exempt entity and shall not be responsible for any taxes for any Licensed Property or services provided for herein, whether federal or state.
The fees paid to Tyler pursuant to this Processing Agreement are inclusive of any applicable sales, use, personal property, or other taxes attributable to periods on or after the Effective Date of this Processing Agreement.
b. Employee Tax Obligations. Each party accepts full and exclusive liability for the payment of any and all contributions or taxes for Social Security, Workers’ Compensation Insurance, Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter Agreement A-8584
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7 imposed pursuant to or arising from any state or federal laws which are measured by the wages, salaries, or other remuneration pay to persons employed by such party for work performed under this Processing Agreement.
12. TERM, SUSPENSION, AND TERMINATION
a. Term. The term of this Processing Agreement (the “Term”) shall commence on the Effective Date and shall continue in effect for three years unless otherwise set forth on an Investment Summary; provided, however, that at the end of such initial term, and on each subsequent anniversary of the Effective Date, the term shall automatically extend for an additional year unless either party provides, at least ninety (90) days prior to the end of the then current term, written notice that it does not wish to extend the term or otherwise terminates the agreement for Cause pursuant to Section 12(b). Notwithstanding the foregoing, Tyler may elect to cease providing payment processing services upon the termination or expiration of Tyler’s other agreement with Merchant to provide Tyler software or services. b. Termination for Cause. Either party may terminate this Processing Agreement for Cause, provided that such party follows the procedures set forth in this Section (b). i. For purposes of this Section, “Cause” means either:
A. a material breach of this Processing Agreement, which has not been cured within ninety (90) days of the date such party receives written notice of such breach;
B. the failure by Merchant to timely pay when due any fees owed to Tyler pursuant to this Processing Agreement and any delinquent amounts remain outstanding for a period of thirty (30) days after Tyler provides written notice of its intent to terminate for failure to pay;
C. breach of Section 7; or
D. if Tyler becomes insolvent or bankrupt, or is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a receiver of its assets or property appointed or makes an assignment for the benefit of all or substantially all of its creditors, or institutes or causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement of its affairs.
ii. No party may terminate this Processing Agreement under Section 12 b(i)(A) unless it cooperates in good faith with the alleged breaching party during the cure period and complies in good faith with the dispute resolution procedures set forth in Section 13 following such period.
iii. In the event either party terminates this Processing Agreement pursuant to this Section (b), each party shall return all products, documentation, confidential information, and other information disclosed or otherwise delivered to the other party prior to such termination, all revocable licenses shall terminate.
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8 c. Survival. The following provisions shall survive after the Term of this Processing Agreement: 2(c); 3; 4(c); 7; 10; 11; 12; 13; 14; and 15.
13. DISPUTE RESOLUTION
Any dispute arising out of, or relating to, this Processing Agreement that cannot be resolved within five (5) Business Days shall be referred to the individual reasonably designated by Merchant and Tyler’s representative assigned to Merchant’s account (“Intermediary Dispute Level”). Any dispute that cannot be resolved in ten (10) Business Days at the Intermediary Dispute Level shall then be referred to Merchant’s chief executive officer or other individual reasonably designated by Merchant and Tyler’s applicable division President (“Executive Dispute Level”), at such time and location reasonably designated by the parties. Any negotiations pursuant to this Section are confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. For any dispute that the parties are unable to resolve through informal discussions or negotiations or pursuant to the dispute resolution and escalation procedures set forth in this Processing Agreement, the parties shall submit the matter to non-binding mediation prior to the commencement of any legal proceeding.
The foregoing shall not apply to claims for equitable relief under Section 7.
14. MISCELLANEOUS
a. Assignment. Neither party may assign this Processing Agreement or any of its respective rights or obligations herein to any third party without the express written consent of the other party, which consent shall not be unreasonably withheld.
b. Cumulative Remedies. Except as specifically provided herein, no remedy made available herein is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy provided herein or available at law or in equity. c. Notices. Except as otherwise expressly specified herein, all notices, requests or other communications shall be in writing and shall be deemed to have been given if delivered personally or mailed, by certified or registered mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth on the signature page hereto, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or three (3) days following deposit in the mail. Notwithstanding the foregoing, notice shall be deemed delivered when provided in connection with billing or invoicing.
d. Counterparts. This Processing Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
e. Waiver. The performance of any obligation required of a party herein may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein.
f. Entire Agreement. This Processing Agreement constitutes the entire understanding and contract between Tyler and Merchant for payment processing services (as detailed in an Investment Agreement A-8584
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9 Summary) and supersedes any and all prior or contemporaneous oral or written representations, contracts or communications with respect to the subject matter hereof. g. Amendment. This Processing Agreement shall not be modified, amended, or in any way altered except by an instrument in writing signed by the properly delegated authority of each party. All amendments or modifications of this Processing Agreement shall be binding upon the parties despite any lack of consideration.
h. Severability of Provisions. In the event any provision hereof is found invalid or unenforceable pursuant to judicial decree, the remainder of this Processing Agreement shall remain valid and enforceable according to its terms.
i. Relationship of Parties. The parties intend that the relationship between the parties created pursuant to or arising from this Processing Agreement is that of an independent contractor only.
Neither party shall be considered an agent, representative, or employee of the other party for any purpose.
j. Governing Law. Any dispute arising out of or relating to this Processing Agreement or the breach thereof shall be governed by the laws of the state of Merchant’s domicile, without regard to or application of choice of law rules or principles.
k. Audit. Tyler shall maintain complete and accurate records of all work performed pursuant to and arising out of this Processing Agreement. Merchant may, upon the written request, audit any and all records of Tyler relating to services provided herein. Merchant shall provide Tyler twentyfour hour notice of such audit or inspection. Tyler shall have the right to exclude from such inspection any Tyler Confidential and Proprietary Information not otherwise required to be provided to Merchant as a part of this Processing Agreement. Any such audit shall be conducted at Tyler’s principal place of business during Tyler’s normal business hours and at Merchant’s sole expense.
l. No Third Party Beneficiaries. Nothing in this Processing Agreement is intended to benefit, create any rights in, or otherwise vest any rights upon any third party. m. Contra Proferentem. The doctrine of contra proferentem shall not apply to this Processing Agreement. If an ambiguity exists in this Processing Agreement, or in a specific provision, neither the Agreement nor the provision shall be construed against the party who drafted the Agreement or provision.
n. Force Majeure. No party to this Processing Agreement shall be liable for delay or failure in the performance of its contractual obligations arising from any one or more events that are beyond its reasonable control, including, without limitation, acts of God, war, terrorism, and riot. Upon such delay or failure affecting one party, that party shall notify the other party and use all reasonable efforts to cure or alleviate the cause of such delay or failure with a view to resuming performance of its contractual obligations as soon as practicable. Notwithstanding the foregoing, in every case the delay or failure to perform must be beyond the control and without the fault or negligence of the party claiming excusable delay. Any performance times pursuant to or arising from this Processing Agreement shall be considered extended for a period of time equivalent to Agreement A-8584
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10 the time lost because of any delay that is excusable herein. This section does not excuse any party from payment obligations under this Processing Agreement. o. Equitable Relief. Each party covenants, represents, and warrants that any violation of this Processing Agreement by such party with respect to its respective obligations set forth in Section 7 shall cause irreparable injury to the other party and shall entitle the other party to extraordinary and equitable relief by a court of competent jurisdiction, including, without limitation, temporary restraining orders and preliminary and permanent injunctions, without the necessity of posting bond or security.
15. CERTAIN DEFINITIONS
a. Association means a group of Card issuer banks or debit networks that facilitates the use of payment cards accepted under this Processing Agreement for processing, including, without limitation, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers, gift card and other stored value and loyalty program providers. Associations also includes the Payment Card Industry Security Standards Council and the National Automated Clearinghouse Association. b. Association Rules means the bylaws, rules, and regulations, as they exist from time to time, of the Associations.
c. Card or Payment Card means an account, or evidence of an account, authorized and established between a Cardholder and an Association, or representatives or members of an Association that Merchant accepts from Cardholders as payment for a good or service. Payment Instruments include, but are not limited to, credit and debit cards, stored value cards, loyalty cards, electronic gift cards, authorized account or access numbers, paper certificates and credit accounts. d. Cardholder means the person to whom a Card is issued or who is otherwise entitled to use a Card.
e. Chargeback means a reversal of a Card sale Merchant previously presented pursuant to Association Rules.
f. Member or Member Bank means an entity that is a member of the Associations. g. Investment Summary means a document listing the pricing associated with this Processing Agreement.
h. Processing Agreement means this Payment Card Processing Agreement, including all exhibits attached hereto and to be attached throughout the Term of this Processing Agreement, all of which are incorporated by reference herein.
i. Retrieval Request means a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a Card sale Merchant has made. j. Transaction means the evidence and electronic record of a sale or lease transaction representing payment by use of a Card, echeck/ACH, digital payment or of a return/refund/credit to a Cardholder or any other payor.
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11 k. Tyler Confidential and Proprietary Information means all information in any form relating to, used in, or arising out of Tyler’s operations and held by, owned, licensed, or otherwise possessed by Tyler (whether held by, owned, licensed, possessed, or otherwise existing in, on or about Tyler’s premises or Merchant’s offices, residence(s), or facilities and regardless of how such information came into being, as well as regardless of who created, generated or gathered the information), including, without limitation, all information contained in, embodied in (in any media whatsoever) or relating to Tyler’s inventions, ideas, creations, works of authorship, business documents, licenses, correspondence, operations, manuals, performance manuals, operating data, projections, bulletins, customer lists and data, sales data, cost data, profit data, financial statements, strategic planning data, financial planning data, designs, logos, proposed trademarks or service marks, test results, product or service literature, product or service concepts, process data, specification data, know how, software, databases, database layouts, design documents, release notes, algorithms, source code, screen shots, other research and development information and data, and Intellectual Property. Notwithstanding the foregoing, Tyler Confidential and Proprietary Information does not include information that: (a) becomes public other than as a result of a disclosure by Merchant in breach hereof; (b) becomes available to Merchant on a non-confidential basis from a source other than Tyler, which is not prohibited from disclosing such information by obligation to Tyler; (c) is known by Merchant prior to its receipt from Tyler without any obligation of confidentiality with respect thereto; or (d) is developed by Merchant independently of any disclosures made by Tyler.
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IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of Oxnard, California
By: By:
Name: Name:
Title: Title:
Date: Date:
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
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Exhibit A
1 Exhibit A
American Express Sponsored Merchant Terms (“SMT”)
1. Compliance. If Merchant, also referred to herein as “Sponsored Merchant,” accepts American Express cards as a form of payment processed through Tyler’s electronic filing or electronic payment systems, Client agrees to do so in accordance with the terms and conditions of this SMT.
2. Merchant Operating Guide. Merchant agrees to comply with the terms and conditions of the American Express Merchant Operating Guide found
at: www.americanexpress.com/merchantopguide. Such terms and conditions shall include, without limitation, provisions relating to: (i) trademarks and brand requirements; (ii) applicable laws; (iii) binding arbitration; and (iv), website display requirements.
3. Re-directing Prohibited. Merchant agrees it shall not process Transactions, or receive any payments, on behalf of (unless otherwise required by law) any other party.
4. American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND AGREES THAT IN NO
EVENT SHALL AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE
LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED,
INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING
NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THIS SMT.
5. Third-Party Beneficiaries. Sponsored Merchant acknowledges and agrees that American Express has the right, but not the obligation, to the benefits of this SMT that will provide American Express the ability to enforce the terms of this SMT against the Sponsored Merchant. The Sponsored Merchant further acknowledges and agrees that it will not be deemed a beneficiary under any agreement between American Express and Tyler, and will not have the ability to make any claim or assert any right under such agreement between Tyler and American Express.
6. Definitions. Except as defined herein or otherwise required by the context herein, all defined terms used herein have the meaning ascribed to such terms as set forth in the Agreement between Tyler and Merchant or the American Express Merchant Operating Guide.
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Exhibit B
1 Exhibit B
Payment Service Devices/Equipment – Rental and Purchase This Exhibit B is incorporated into that certain Payment Processing Agreement between Tyler and Merchant (the “Processing Agreement”).
1. TERMS APPLICABLE TO BOTH PURCHASE AND RENTAL OF EQUIPMENT a. Generally. Tyler will provide PCI-compliant Payment Service Devices as elected by Merchant and described in the Investment Summary and related equipment for rent or purchase during the term of this Agreement for the fees set forth in the Investment Summary.
b. Shipping Timelines. Tyler shall ship newly-requested Payment Service Devices (and associated supplies, such as printers, cables, power supplies, mounting hardware or other equipment identified in an Investment Summary) (“Equipment”) to Merchants within (a) 14 calendar days of the request or (b) 14 calendar days prior to payment service commencement/go-live, whichever is later. Tyler shall ship failure-related replacement Equipment to Merchants within two (2) Business Days of a written request.
Shipping timelines are subject to Payment Service Device availability by the applicable manufacturer or supplier and shall be extended until such devices become available. c. Delivery and Acceptance. Tyler will deliver the Equipment to the location designated by Merchant in the Investment Summary. If an address for delivery is not expressly designated in the Investment Summary, such Equipment will be delivered to Merchant’s address otherwise set forth in the Investment Summary. Merchant will be deemed to have accepted each piece of Equipment on the earlier of (i) when Merchant acknowledges receipt, and (ii) seven days after shipment of each such piece of Equipment, unless Tyler is notified earlier in writing by Merchant that the Equipment has not been received or is not functional.
d. Rights and Restrictions. Tyler shall process payments received from Merchant’s Payment Service Devices provided by Tyler. Merchant acknowledges that the Payment Service Devices are embedded with proprietary encryption technology that will be injected by Tyler’s designee into the Payment Services Devices. Merchant agrees that all of Merchant’s over-the-counter transactions processed through a Tyler application will be required to use Payment Service Devices provided by Tyler. Merchant will maintain each Payment Service Device in its possession and will not permit any physical alteration or modification of any piece of Equipment. Each piece of Equipment will be used only in the ordinary course of Merchant’s business in connection with Tyler applications. The Equipment is not being sold or rented to the Merchant for home or personal use.
Merchant acknowledges that the Equipment rented or purchased through this Exhibit may not be compatible with another processor’s systems. Merchant hereby grants Tyler a security interest in (i) all Equipment to secure payment of the purchase price, and (ii) Agreement A-8584
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Exhibit B
2 all Equipment to secure payment of the monthly rental payments. Merchant authorizes Tyler to file financing statements with respect to the Equipment in accordance with the Uniform Commercial Code, signed by Tyler directly or as Merchant’s attorney-in-fact. e. Change Notice. Tyler shall provide thirty (30) calendar days written notice for Equipment changes that affect Merchants, which includes, without limitation, when Tyler will no longer support a Payment Service Device. Tyler will only be obligated to replace Equipment when a Payment Service Device is no longer capable of functioning or Tyler ends support of the specific make and model of the Equipment.
2. TERMS APPLICABLE ONLY TO EQUIPMENT PURCHASED
Tyler will sell to Merchant the Equipment identified in the Investment Summary, free and clear of all liens and encumbrances, expect that any proprietary encryption technology included within the Payment Service Devices or any other Tyler Intellectual Property will be provided to you pursuant to the License set forth in Section 5 of the Agreement. Maintenance and repair of Merchant-purchased Equipment is the responsibility of Merchant, unless Merchant has purchased Tyler’s maintenance services for Payment Service Devices.
3. TERMS APPLICABLE ONLY TO EQUIPMENT RENTAL
a. Tyler will rent to Merchant the Equipment identified in the Investment Summary, as set forth herein. The rental period will commence when the Equipment is deemed accepted.
At the end of the rental term identified in an Investment Summary or when the Agreement is terminated, Merchant will promptly return each piece of Equipment to Tyler at Merchant’s cost, in the same condition as when received, ordinary wear and tear excepted, unless otherwise directed by Tyler. The rental period will terminate when Equipment is returned to Tyler at 840 West Long Lake Road, Detroit, Michigan 48098, Attention: Tyler Payments, or at an earlier date specified by Tyler in writing. The following information must be included within the shipping box: (i) Merchant name, complete address and phone number; (ii) name of person to contact if there are any questions; (iii) your Merchant account number; and (iv) serial number of the Equipment.
Merchant will retain proof of delivery documents and the applicable serial number. For any piece of Equipment that is not returned to Tyler in accordance with this paragraph, Merchant will pay Tyler the greater of $250.00 or the fair market value of such piece of Equipment as if it were in the condition described herein. b. Merchant will not assign its rights or obligations under this Exhibit, or pledge, lend, create a security interest in, incur any liens or encumbrances on, or sublease the Equipment to any other person or entity without Tyler’s prior written consent. Any such assignment, delegation, sublease, pledge, security interest or lien in the absence of consent shall be void.
c. The provisions of this Exhibit will survive the termination or expiration of the Agreement and continue until all rented Equipment is returned to Tyler or paid for.
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Exhibit C
1 Exhibit C
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Processing Agreement. This Investment Summary is effective as of the Effective Date.
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: May 6, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32500458 with Carollo Engineers, Inc. for a Biosolids Master Plan.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Carollo Engineers, Inc. for an initial term of one year from May 6, 2025, to May 5, 2026, with the option for a one-year period extension ending May 5, 2027, for a total contract amount not to exceed $423,422 for the development of a Biosolids Master Plan for the Wastewater Division.
(Public Works and Transportation Committee approved 3-0 on April 8, 2025)
BACKGROUND
The City of Oxnard Water Resource Recovery Facility (WRRF) is a secondary treatment facility with anaerobic digestion and an in-plant cogeneration system that utilizes the digester biogas to produce electricity and provide heat for the digesters.
The anaerobically digested biosolids are dewatered using belt filter presses. The dewatered biosolids are transported to a composting facility by a third party. The cogeneration facility, built in 1975, generates electrical power with three enginedriven generators. The engines are original and require major rebuilding approximately every 7-10 years. The units are becoming increasingly unreliable. Cogen engine #3 experienced a failure beyond repair and was permanently taken offline in the summer of 2024.
The Project scope is to develop a detailed and comprehensive Biosolids Master Plan (BMP) that will be used as a roadmap for future improvements. It is intended that the BMP will incorporate new technologies, consider future regulations, and improve current biosolids and biogas production practices. The BMP will explore options for treating, using, and disposing of biosolids, as well as for producing and utilizing biogas. The goal is to identify sustainable, costeffective, and environmentally friendly strategies and technologies that meet current and future regulatory standards.
DISCUSSION
On December 3, 2024, the Purchasing Department released a Request for Proposal (RFP) PW 25-50 for Biosolids Master Plan. The RFP was directly sent to nine potential firms and published on www.PublicPurchase.com as well as the City’s Purchasing website. The solicitation closed on January 6, 2025, where one proposal was received from the following consultant:
• Carollo Engineers, Inc. (Carollo)
An evaluation team consisting of Wastewater staff (Division Manager, Operations Manager, Chief Plant Operator, and Project Engineer) reviewed the proposal and determined Carollo to be qualified based on comprehensive scoring criteria, 256
including company profile, assigned staff, experience, approach and overall responsiveness. Additionally, the awarded consultant 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.
Selecting Carollo to develop the Biosolids Master Plan for the WRRF is an excellent choice due to their extensive experience in developing BMPs not only in California but across the country. Their broad expertise in wastewater treatment and biosolids management ensures they bring a wealth of knowledge and innovative solutions to the table. In addition to their nationwide experience, Carollo has a strong history with the Wastewater Division, having successfully completed several key projects, including the Fats, Oils, and Grease Study, the Public Works Integrated Master Plan, a study for utilizing temporary boilers, and the Anaerobic Digester Study. The Anaerobic Digester Study was recognized with a Dr. Jenkins Research Achievement Award by the California Water Environment Association. This proven track record of collaboration and expertise makes Carollo a good fit for developing a comprehensive and effective Biosolids Master Plan. The work involved in this project is highly specialized and requires technical expertise beyond the capabilities of City staff. Hiring a consultant with the appropriate knowledge and experience will ensure successful project completion.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with Carollo for developing a Biosolids Master Plan shall not exceed $423,422 over the two-year term if extended. Funding for this Agreement has been programmed and is available in the Fiscal Year 2024-25 Adopted Budget from the Wastewater Operating Fund (611). Funding for subsequent fiscal years will be requested through the annual budget process.
Estimated Spending Plan
6113610-53200
FY 24-25 FY 25-26 TOTAL
$80,000 $343,422 $423,422
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on April 8, 2025 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst
ATTACHMENTS
1. Agreement 32500458
257
Agreement No. 32500458