Agenda packet — Oxnard City Council, May 20, 2025 (part 1 of 5)

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

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

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

AMENDED AGENDA
Amended 5/16/25 to remove Item C-1
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 20, 2025
Closed Session - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 895 5230 9753

3. Passcode: 064035
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

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

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

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

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

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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

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

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 20, 2025 PAGE 2

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

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

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

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) - REMOVED FROM THE AGENDA
Name of case: Julian Lopez v. City of Oxnard
Workers' Compensation Case No.: ADJ10272261; ADJ9305425; ADJ8281345 (OXN) Legislative Body: City Council

2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Ashley Golden, Assistant City Manager and Steve Naveau, Director of Human Resources
Employee organizations: Service Employees International Union CTW, CLC, Local 721 (SEIU Local 721); International Union of Operating Engineers AFL-CIO, Local No. 501 (IUOE Local 501); Oxnard Mid-Managers Association (OMMA); International Association of Firefighters, AFL-CIO (IAFF), Local 1684
Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Certificate of Congratulations to Vernon "VJ" Nickleberry on the

Occasion of his 100th Birthday.

2. SUBJECT: Presentation of a Proclamation Designating May 2025 as "Arthritis Awareness Month." 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 20, 2025 PAGE 3

3. SUBJECT: Presentation of a Proclamation Designating May 26, 2025 as "Memorial Day."

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

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

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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

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

BUSINESS/COMMITTEE REPORTS

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

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

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the regular meeting minutes of April 29, May 6, 2025.

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

2. Cultural & Community Services Department
SUBJECT: Oxnard After School Education Safety Agreement.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one- year agreement (A-8586) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,470,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.

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(As of the posting of this agenda, there was not yet an outcome from the Community Services, Public Safety, and Housing & Development Committee.)
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994

3. Cultural & Community Services Department
SUBJECT: Hueneme After School Education Safety Agreement.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Partnership Agreement (A-8589) and Memorandum of Understanding (A-8590) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount of $7,408,328 to provide services under the California After School Education and Safety (ASES) program at ten (10) HESD schools during FY 25-26, FY 26-27 and FY 27-28.

4. Cultural & Community Services Department
SUBJECT: Adoption of Ordinance No. 3059 Library Board City Code Updates.

RECOMMENDATION: That the City Council adopt an Ordinance No. 3059 titled:

"AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING THE OXNARD

CITY CODE TO REDUCE THE MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO FIVE MEMBERS."

(The Community Services, Public Safety, Housing and Development committee approved 3-0 on April 8, 2025. The City Council approved the first reading of the ordinance by a vote of 7-0 on April 29, 2025.)
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994

5. Finance Department
SUBJECT: Agreement for Annual Financial Audits and Single Audits for Federally Funded Programs for Fiscal Years 2024-25 through 2028-29.

RECOMMENDATION: That City Council approve and authorize the Mayor to execute a five-year agreement (No.32600005) with Macias Gini & O'Connell, LLP in the amount of $1,219,895 for annual financial audits and Single Audits for Federally funded programs.

(As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

6. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements, and Fund Balances.

RECOMMENDATION: That the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the month of March 2025.

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

7. Fire Department
SUBJECT: Resolution Commending Fire Marshal Stephen McNaughten For Twenty-Three Years of Service to the City of Oxnard Fire Department.

RECOMMENDATION: That the City Council adopt a resolution commending Fire Marshal Stephen McNaughten for twenty-three years of service to the City of Oxnard Fire Department.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

8. Housing Department
SUBJECT: Adoption of Ordinance No. 3058 Just Cause Evictions and Tenant Protections (Just Cause) Code Amendments.

RECOMMENDATION: That the City Council adopt Ordinance 3058 titled:

ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING SECTIONS 27-3, 27-4 AND 27-10 AND ADDING SECTION 27-13 TO THE OXNARD CITY CODE PERTAINING TO

JUST CAUSE EVICTIONS AND TENANT PROTECTIONS

(The Community Services, Public Safety, Housing & Development Committee approved the amended recommendation, 3-0 on March 25, 2025.)
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092

9. Human Resources Department
SUBJECT: Adoption of Ordinance No. 3060 Amendment to CalPERS Contract.

RECOMMENDATION: That the City Council adopt Ordinance No. 3060 titled: Ordinance of the City Council of the City of Oxnard Authorizing an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Oxnard.

(The City Council approved the first reading of the ordinance by a vote of 7-0 on April 29, 2025.) Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

10. Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2025-26.

RECOMMENDATION: That the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2025-26 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
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(Public Works and Transportation Committee approved 3-0 on April 22, 2025) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

11. Public Works Department
SUBJECT: Resolution to Approve the Sewer System Management Plan Update.

RECOMMENDATION: That the City Council adopt a resolution to approve a Sewer System Management Plan Update for the Public Works Wastewater Division.

(This item did not originate in Committee as the prior plan was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

12. Public Works Department
SUBJECT: Agreement 32500508 with Southern California Edison for the Relocation and Addition of Electrical Infrastructure at the Water Resource Recovery Facility.

RECOMMENDATION: That the City Council approve and authorize the City Manager to execute an agreement with Southern California Edison in the amount of $711,443.62 for the relocation and addition of electrical infrastructure at the Oxnard Water Resource Recovery Facility as it relates to the Wastewater Reliability Project C2201.

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City’s Capital Improvement program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

13. Public Works Department
SUBJECT: Closing Resolution for Wastewater Reliability Project C2201.

RECOMMENDATION: That the City Council adopt a “closing” Resolution for the State of California to execute the State Revolving Fund Loan Agreement with the City and issue the funds for the City’s wastewater projects that have been approved by the State Water Resources Control Board.

1. Public Works Department
SUBJECT: Mid-Cycle Update to the Five-Year Capital Improvement Program for Fiscal Years 2025-2029. (20 minutes)

RECOMMENDATION: That the City Council:

1. Hold a public hearing to approve and adopt updates to the 2025-2029 City of Oxnard Five- 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 20, 2025 PAGE 7

Year Capital Improvement Program;

2. Approve project budget appropriations of $2,310,599 in Fiscal Year 2024-25 consisting of $250,000 from the Circulation System Improvement Fee Fund (Fund 350, Subfund 8040) available fund balance for the Five Points Intersection Improvements Project C2208, $1,050,000 from the Facilities Maintenance Internal Fees Fund (Fund 735) available fund balance for the Elevator Modernization Project C2602, $7,415 from the Tax Allocation Bond (TAB) Fund (Southwinds Project Area, Fund 315) available fund balance for the Southwinds Bench and Trash Enclosures (C2330) and $1,003,184 from the Tax Allocation Bond (TAB) Fund (Ormond Project Area, Fund 315) available fund balance for the Arterial Street Resurfacing Project C2205, as well as the corresponding Capital Outlay Fund (Fund 301) appropriation increase in the same amounts as noted in the financial impact section;

3. Approve a project budget appropriation transfer of $201,375 from existing Cultural and Community Services General Fund (Fund 101) operating budget to the Elevator Modernization Project C2602, as well as the corresponding Capital Outlay Fund (Fund 301) appropriation in the same amount as noted in the financial impact section;

4. Authorize the Public Works Director, or designee, to submit a budget modification request for an additional $4,488,171.50 in grant funds from the California Governor’s Office of Emergency Services (Cal OES) and, if awarded, approve necessary budget appropriations for use in the Central Trunk Sewer Pipe Replacement Project (C2029);

5. Approve an interfund transfer reimbursement of $341,960.14 from TAB Fund (Ormond Project Area Fund 315) to Road Maintenance and Rehabilitation Account (RMRA) Fund (Fund 185) for Fiscal Year 2023-24 street repairs related to the Hueneme Road Resurfacing Project C2205 and any necessary budget appropriations for the transfer;

6. Approve project budget unappropriations from various funds and subfunds as noted in the financial impact section; and

7. Approve the updates to the Fiscal Year 2025-26 Capital Improvement Program (CIP).

(Public Works and Transportation Committee approved 3-0 on April 22, 2025 to forward to Council for further discussion. See additional info below.)

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

1. Public Works Department
SUBJECT: Third Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Carts and Parts. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to Agreement No. A-8368 with Toter, LLC in the amount of $650,000 for a new total not to exceed $2,735,000 and extend the term date to May 28, 2026, for the replenishment of curbside carts and parts.

(This item did not originate in Committee as this is an extension of an agreement previously approved by City Council.)

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Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/y07V06Bjd08
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Public Project Agreement 32500499 with Blois Construction, LLC for Ventura Road And Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $5,937,896 in Project funds for the Ventura Road And Rice Avenue Sewer Main Replacement Project, Specification No. PW 23-119;

2. The Mayor to Execute an Agreement with Blois Construction, LLC in the amount of $4,750,316 for the Project and a Project contingency amount of $712,548 (~15%) for a total not to exceed value of $5,462,864 for the Project;

3. A Project allocation amount of $475,032 (~10%) for engineering, inspection, survey and project management for the Project; and

4. A budget appropriation of $170,896 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2309).

(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/emmDBM5h8wE
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Police Department
SUBJECT: Police Department 2024 Annual Military Equipment Use Report. (15 minutes)

RECOMMENDATION: That the City Council:

1. Receive the Police Department's annual report concerning its inventory and use of military equipment, in accordance with Government Code sections 7070-7075.

2. Approve the renewal of City of Oxnard Ordinance 3014, which is codified in Oxnard City Code Section 2-212 as the City’s “Military Equipment Policy” as required by Government Code section 7071 (e)(1).

3. Approve the continuing authorization for the funding, acquisition, and use of military equipment by the Oxnard Police Department’s military equipment inventory as required by Government Code section 7071 (e)(2).

4. Approve the acquisition and use of the following military equipment items:
a. Five (5) 40mm projectile launchers
b. Twenty-four (24) .223 caliber rifles

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(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/QcElqaAVw2M
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
N. ADJOURNMENT

9 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: May 20, 2025

TO: City Council

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the regular meeting minutes of April 29, May 6, 2025.

BACKGROUND

Approval of minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. City Council meeting of April 29 2025

2. City Council meeting of May 6 2025

10 MINUTES

OXNARD CITY COUNCIL
April 29, 2025
A. ROLL CALL, POSTING OF AGENDA

At 5:02 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Gabriela Basua, Luis A. Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present. The City Clerk called the roll and announced that the agenda was posted on Thursday, April 17, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the City of Oxnard website.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

At 5:03 p.m., the City Council recessed into a closed session.

C. CLOSED SESSION (5:00 PM)

1. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code section 54957(a))
Consultation with: Rob Ruben, Chief Information Officer.

Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)

At 6:31 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council concurrently with the Oxnard Housing Authority in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez, Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present. The City Clerk called the roll and announced that the agenda was posted on Thursday, April 17, 2025 at the Library, City Hall kiosk, City Administrative offices and on the City of Oxnard website.

Stephen Fischer, City Attorney, announced that no reportable actions resulted from the closed session.

The meeting opened with the pledge of allegiance to the flag of the United States led by Lali Magdaleno, a student at Condor High School, followed by a moment of silence for the people who lost their lives in the tragic incident at a Filipino heritage festival on April 27, 2025.
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April 29, 2025 PAGE 2
Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen Fischer, City Attorney; Brenda Lopez, Interim Housing Director; Samantha Shapiro, Project Manager; Jeff Pengilley, Community Development Director; Ken Rozell, Chief Assistant City Attorney; Elle McCarron, Assistant City Attorney; Megan Ferguson, Human Resources Analyst; Steve Naveau, Human Resources Director; Tim Beaman, Assistant Public Works Director; Michael Wolfe, Public Works Director; Andrew Gonzales, Deputy City Attorney and Lourdes A. López, City Clerk.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation by the California Parks and Recreation Society recognizing Senior Services Commissioner Alice Sweetland for the Champion of the Community Award.

Mel Johnson from the State Board of the California Park and Recreation Society presented the Champion of the Community Award to Commissioner Alice Sweetland. Alice joined the Council on the dais to accept the award and spoke briefly.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Larry Stein, Jocelynn Galindo, Douglas Partello, Greg Runyon, Deirdre Frank, and callers 1730 and 7310.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager commented about various items, including: Town Hall Meeting on April 30, 2025; weed superbloom; Walk & Roll to School Day on May 7, 2025; and the 50th anniversary of the Vietnam war.

H. CITY COUNCIL BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

1. City Clerk Department
SUBJECT: Appointment of Voting Delegate to the Southern California Association of Governments General Assembly. (5 minutes)

RECOMMENDATION: That the City Council appoint Mayor Luis A. Mc Arthur as the City's voting delegate to attend the Southern California Association of Governments (SCAGs) 60th Annual Regional Conference and General Assembly Business Meeting scheduled for May 1 and 2, 2025 in Palm Desert, California. (This item did not originate in Committee.)
No public comment was received.
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April 29, 2025 PAGE 3
It was moved by Councilmember Perello, seconded by Mayor Pro Tem Teran, to approve the recommended action as presented. VOTE: Basua, Perello, Perez, Rodriguez, Starr, Teran, and Mc Arthur voted in favor; motion passed 7-0.

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

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

1. To Measure O Citizen Oversight Committee: Dan Pinedo (D5) and Anna Marie Cabrera (D6).
(This item did not originate in Committee.)

Public comment was received from Greg Runyon.

It was moved by Councilmember Perello, seconded by Mayor Mc Arthur, to appoint Dan Pinedo to the Measure O Citizen Oversight Committee. VOTE: Perello, Perez, Rodriguez, Starr, Teran, Basua, and Mc Arthur voted in favor; motion passed 7-0.

It was moved by Councilmember Perez, seconded by Councilmember Basua, to appoint Anna Marie Cabrera to the Measure O Citizen Oversight Committee. VOTE:

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

I. REVIEW OF INFORMATION/CONSENT AGENDA
Item Nos. K-3, K-10, and K-11 were reviewed and discussed among the council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comment was received from Doug Partello and Larry Stein on item K-10.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the regular meeting minutes of April 15, 2025.

3. City Manager Department
SUBJECT: Approval of Fiscal Year (FY) 25-26 Special Event Support Program Events and Budget.

RECOMMENDATION: That the City Council approve the list of recommended events for the FY 25-26 Special Event Support Program and allocate $112,000 in the 13 OXNARD CITY COUNCIL
April 29, 2025 PAGE 4
FY 25-26 budget to support the program.
(This item did not originate in Committee.)

4. Public Works Department
SUBJECT: Purchase Order with Gibbs International Inc. for a 2026 HV607 SBA (10-ton Dump Truck) for Streets Maintenance.

RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to approve a purchase order with Gibbs International Inc. for a not-to-exceed value up to $300,000.00 for the purchase of a 2026 HV607 SBA International Truck (10-ton Dump Truck) for Streets Maintenance.
(This item did not originate in Committee because it is a continuation of a specific item included in the City Council Adopted FY 2024-25 Budget for Public Works.)

5. Public Works Department
SUBJECT: Multiple Agreements for On-Call Professional Environmental Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of one year from April 30, 2025, to April 29, 2026, with an option for four consecutive one-year period extensions ending April 29, 2030, for on-call professional environmental services:

1. Agreement 32500440 Rincon Consultants, Inc. for a total amount not to exceed $500,000;

2. Agreement 32500441 Dudek for a total amount not to exceed $500,000; and

3. Agreement 32500442 UltraSystems Environmental Incorporated for a total amount not to exceed $500,000.
(Public Works and Transportation Committee approved 3-0 on April 8, 2025)

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

1. Agreement 32500432 CSG Consultants, Inc. for a total amount not to exceed $750,000;

2. Agreement 32500438 Encompass Consultant Group, Inc. for a total amount not to exceed $750,000; and

3. Agreement 32500439 Psomas for a total not-to-exceed amount of $750,000. (Public Works and Transportation Committee approved 3-0 on April 8, 2025)

14 OXNARD CITY COUNCIL
April 29, 2025 PAGE 5

7. Public Works Department
SUBJECT: Multiple Agreements for On-Call Professional Surveying Services.

1. Agreement 32500443 Dudek for a total amount not to exceed $500,000;

2. Agreement 32500444 MNS Engineers, Inc. for a total amount not to exceed $500,000; and

3. Agreement 32500445 Omni Design, Inc. for a total amount not to exceed $500,000.
(Public Works and Transportation Committee approved 3-0 on April 8, 2025)

8. Public Works Department

SUBJECT: Public Project Agreement 32500478 with Solar Roofing and Energy Storage for Roof Replacement and Interior Abatement at La Colonia Youth Boxing Gym, Specification No. PW 24-94.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $332,540 in Project funds for the Roof Replacement and Interior Abatement at La Colonia Youth Boxing Gym, 520 E. 1st Street, Specification No. PW 24-94;

2. The Mayor to execute an Agreement with Solar Roofing and Energy Storage in the amount of $255,800 for the Project and approve a Project contingency amount of $51,160 (20%) with Solar Roofing and Energy Storage for a total not to exceed value of $306,960 for the Project; and

3. A Project allocation amount of $25,580 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

9. Public Works Department

SUBJECT: Easement Deed (Agreement No. A-8582) and Right of Way Contract (Agreement No. 32500496) Located at 804 Cooper Road, Oxnard (APN: 201-0-132- 010).

RECOMMENDATION: That the City Council approve and authorize:

1. The Mayor to execute an Easement Deed (Agreement No. A-8582) for APN 201-0-132-010;

2. The Mayor to execute a Right of Way Contract (Agreement No. 32500496) with Oxnard School District to purchase a permanent roadway easement 15 OXNARD CITY COUNCIL
April 29, 2025 PAGE 6
located at 804 Cooper Road, Oxnard, ( “Property”), in the amount of $1,271; and

3. The City Manager to take any additional necessary actions to facilitate the acquisition of the property consistent with the terms of the transaction approved by the City Council.
(This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15061(b)(3).) (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.)

10. Community Development Department

SUBJECT: Project Name: Teal Club Specific Plan; Planning and Zoning Permit Nos.: 15-560-01 (Pre-Zoning), 24-670-02 (Development Agreement), and 15-630-01 (Specific Plan); Property generally bounded by Doris Avenue, Patterson Road, Teal Club Road, and Ventura Road; (APNs 183-0-070-060, -070, -110, -125, -135, -140, - 240, 183-0-110-030, -045, -050, -260, -270, -395, -405, -415, 183-0-100-405, -555, - 565, 183-0-060-125, -245, -255, -265, -325, -395, -455, 183-0-070-015).

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3054 titled “An Ordinance of the City Council of the City of Oxnard Approving Planning And Zoning Permit No. 15-560-01 Pre- Zoning Parcels Generally Located South of Teal Club Road, North and West of Little Farms Road, and Bisected By Mallard Way (APNs 183-0-110-030, - 045, -050, -260, -270, -395, -405, -415, 183-0-100-405, -555, -565) To Light Manufacturing (M-1). Filed By Dennis Hardgrave, On Behalf of Borchard Property Co-Owners, 434 Park Cottage Place, Camarillo, California 93012.”; and

2. Adopt Ordinance No. 3055 titled “An Ordinance Approving Development Agreement No. A-8565 (Planning And Zoning Permit No. 24-670-02) Generally Located North of Teal Club Road, East of Patterson Road, South of Doris Avenue, and West of Ventura Road, (APNs 183-0-070-060, -070, -140, -240). Filed By Dennis Hardgrave, On Behalf of Borchard Property Co- Owners, 434 Park Cottage Place, Camarillo, California 93012.”; and

3. Adopt Ordinance No. 3056 titled “An Ordinance Approving Planning And Zoning Permit No. 15-640-01 (Specific Plan), And Certifying Final Environmental Impact Report No. 2015-01 For The Teal Club Specific Plan, Generally Located North of Teal Club Road, East of Patterson Road, South of Doris Avenue, And West of Ventura Road, (APNs 183-0-070-060, -070, - 110, -125, -135, -140, -240). Filed By Dennis Hardgrave, On Behalf of Borchard Property Co-Owners, 434 Park Cottage Place, Camarillo, California 93012.”
(This item did not originate in Committee.)
16 OXNARD CITY COUNCIL
April 29, 2025 PAGE 7

11. Human Resources Department
SUBJECT: Increase in Salary Ranges for the Plant Operations Series.

RECOMMENDATION: That the City Council adopt Resolution No. 15,857 to increase the salary ranges for the classifications within the Plant Operations series. (This item did not originate in Committee)

12. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements and Fund Balances.

RECOMMENDATION: That the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the month of February 2025.
(This item did not originate in Committee)
Consent Items K-1, K-4, K-5, K-6, K-7, K-8, K-9, K-12
It was moved by Councilmember Perello, seconded by Councilmember Perez, to approve the Information/Consent items as presented. VOTE: Perez, Rodriguez, Starr, Teran, Basua, Perello, and Mc Arthur voted in favor; motion passed 7-0.

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

Consent Item K-10
It was moved by Mayor Pro Tem Teran, seconded by Councilmember Starr, to approve the Information/Consent items as presented. VOTE: Basua, Mc Arthur, Perello, Perez, Rodriguez, Teran voted in favor; motion passed 6-1. Councilmember Starr voted no.

Consent Item K-11
It was moved by Mayor Mc Arthur, seconded by Councilmember Perello, to approve the Information/Consent items as presented. VOTE: Basua, Perello, Perez, Rodriguez, Starr, Teran, and Mc Arthur voted in favor; motion passed 7-0.

Housing Authority
At 8:58 p.m., the joint meeting with the Housing Authority concluded.

At 9:47 p.m., the Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.
17 OXNARD CITY COUNCIL
April 29, 2025 PAGE 8
It was moved by Mayor Mc Arthur, seconded by Councilmember Perello, to continue the meeting past 10 p.m. VOTE: Perez, Rodriguez, Starr, Teran, Basua, Perello, and Mc Arthur voted in favor; motion passed 7-0.

L. PUBLIC HEARINGS

M. REPORTS

1. City Manager Department
SUBJECT: Resolution Opposing a Third Extension to Continue the Operation of Ormond Beach Power Station Beyond December 31, 2026. (15 minutes)

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,858 opposing a third extension to continue the operation of the Ormond Beach Power Station, beyond the December 31, 2026, closure date; and

2. Submit the Resolution to all state agencies involved in the fate of the power plant's decision-making process, to our state representatives, and to the Governor's Office.
(This item did not originate in Committee)

Alexander Nguyen, City Manager presented and answered questions.

Public comments were received from Aurora Rugerio, Yoselyn Gomez, Kyle Emmanuel De La Torre, Anthony Saucedo, Barbara Macri-Ortiz, Doug Partello, Odette Moran, and Greg Runyon. Discussion ensued among the Council and staff.

It was moved by Mayor Mc Arthur, seconded by Councilmember Rodriguez, to approve the recommended action as presented. VOTE: Rodriguez, Teran, Basua, Perello, Perez, and Mc Arthur voted in favor; motion passed 6-0-1. Councilmember Starr abstained.

2. Housing Department
SUBJECT: Tenant Anti-Harassment Ordinance. (20 minutes)

RECOMMENDATION: That the City Council:

1. Review and approve the first reading by title only and waive further reading of the proposed Ordinance No. 3057 titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING
ARTICLE III TO CHAPTER 27 OF THE OXNARD CITY CODE
ESTABLISHING TENANT ANTI-HARASSMENT PROTECTIONS”; and

2. Authorize two full-time equivalent (FTE) positions, and the associated budget, as part of the Fiscal Year 2025-2026 Budget for implementation of the proposed ordinance.
(The Community Services, Public Safety, Housing & Development Committee 18 OXNARD CITY COUNCIL
April 29, 2025 PAGE 9
approved 3-0 on March 25, 2025.)

Brenda Lopez, Interim Housing Director, and Elsa Brown, Program Manager presented and answered questions.

Public comments were received from Apartment Association of Greater Los Angeles, Maria Navarro, Karl Godinez Lopez, Samuel Salazar, Eva Rosete, Itandehui Morales, Barbara Macri-Ortiz, Arturo Villanueva, and Marlon Moss. Discussion ensued among the Council and staff.

It was moved by Councilmember Rodriguez, seconded by Mayor Pro Tem Teran, to approve the recommended action as presented. VOTE: Teran, Basua, Perello, Rodriguez, and Mc Arthur voted in favor; motion passed 6-1. Councilmember Starr voted no.

3. Housing Department

SUBJECT: Just Cause Evictions and Tenant Protections (Just Cause) Code Amendments and Resolution Establishing Administrative Regulations to Implement the Rent Stabilization and Just Cause Ordinances. (20 minutes)

RECOMMENDATION: That the City Council:

1. Review and approve the first reading by title only and waive further reading of the proposed Ordinance No. 3058 titled: "ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING SECTIONS 27-3, 27-4 AND 27-10 AND ADDING SECTION 27-13 TO THE OXNARD CITY CODE

PERTAINING TO JUST CAUSE EVICTIONS AND TENANT
PROTECTION"; and

2. Review and approve the proposed Resolution No. 15,859 establishing administrative regulations to implement the provisions of the Just Cause Evictions and Tenant Protections Ordinance and Rent Stabilization Ordinance.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 25, 2025.)

Ashley Golden, Assistant City Manager Alba Marshall, Rent Stabilization Analyst; and Andrew Gonzalez, Deputy City Attorney presented and answered questions.

Public comments were received from Apartment Association of Greater Los Angeles, and Barbara Macri-Ortiz. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem Teran, seconded by Councilmember Rodriguez, to approve the recommended action as presented. VOTE: Teran, Basua, Perello, Perez, Rodriguez, and Mc Arthur voted in favor; motion passed 6-1. Councilmember Starr voted no.

19 OXNARD CITY COUNCIL
April 29, 2025 PAGE 10

4. Cultural & Community Services Department
SUBJECT: Library Board City Code Updates. (10 minutes)

RECOMMENDATION: That the City Council approve the first reading by title only and waive further reading of the proposed Ordinance No. 3059 titled:
"AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING

THE OXNARD CITY CODE TO REDUCE THE MEMBERSHIP OF THE
OXNARD LIBRARY BOARD TO FIVE MEMBERS."
(The Community Services, Public Safety, Housing and Development committee approved 3-0 on April 8, 2025.)
Katie Casey, Deputy City Manager presented and answered questions.

No public speakers were received. Discussion ensued among the Council and staff.

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

5. Public Works Department
SUBJECT: Agreement 32500464 with Carollo Engineers, Inc. for Professional Engineering Services for the Digester Improvements Project. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. The Mayor to execute an Agreement with Carollo Engineers, Inc. for a total not to exceed value of $2,100,000 for Professional Engineering Services for the Digestion/Cogeneration Improvement Project PW 25-70; and

2. A budget appropriation of $1,504,000 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2408). (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.)

Tim Beaman, Assistant Public Works Director and Michael Wolfe, Public Works Director were available to answer questions. No public comments were received.

Discussion ensued among the council and staff.

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

6. Public Works Department
SUBJECT: Reimbursement of Service Charges to Special Districts. (10 minutes) 20 OXNARD CITY COUNCIL
April 29, 2025 PAGE 11

RECOMMENDATION: That the City Council approve and authorize the City Manager to approve:

1. Transfers in the total amount of $49,531.62 from the General Fund (101) available fund balance to seven Landscape Maintenance Districts (Fund 120), with the corresponding budget appropriation adjustments for reimbursement of service charges, including interest; and

2. Transfers in amounts detailed in Table 2 of the Financial Impact section from six Landscape Maintenance Districts (Fund 120) available fund balances to six other Landscape Maintenance Districts (Fund 120), and subsequent transfers to and from the General Fund (101) for changes in General Benefit contributions with the corresponding budget appropriation adjustments for reimbursement of service charges, including interest.
(This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on March 19, 2024.)

Anthony Miller, Special Districts Project Manager and Michael Wolfe, Public Works Director were available to answer questions. Public comments were received from Doug Partello and Alicia Percell. Discussion ensued among the council and staff.

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

7. Human Resources Department
SUBJECT: Amendment to CalPERS Contract. (10 minutes)

RECOMMENDATION: That City Council:

1. Adopt Resolution No. 15,860 of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Oxnard to provide a different level of benefits without improved industrial disability allowance for new local police members.

2. Approve the first reading by title only and waive further reading of an uncodifed Ordinance No. 3060 titled: "Ordinance of the City Council of the City of Oxnard authorizing an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Oxnard."
(This item did not originate in Committee.)

Steve Naveau, Human Resources Director was available to answer questions. Public comment was received from Doug Partello. Discussion ensued among the council and staff.

It was moved by Councilmember Starr, seconded by Councilmember Rodriguez, to 21 OXNARD CITY COUNCIL
April 29, 2025 PAGE 12
approve the recommended action. VOTE: Rodriguez, Starr, Teran, Basua, Perello, Perez and Mc Arthur voted in favor; motion passed 7-0.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 12:22 p.m. on April 20, 2025.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor

22 AGENDA

OXNARD CITY COUNCIL
May 6, 2025
A. ROLL CALL, POSTING OF AGENDA

At 4:34 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis A. Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, April 24, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

Councilwoman Gabriela Basua was not feeling well and therefore, participated remotely.

ONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

No public comments were received.

At 4:36 p.m., the City Council recessed to a closed session.

Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code Section
54956.9(d)(1))
Name of case: 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)
23 OXNARD CITY COUNCIL
May 6, 2025 PAGE 2

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)
Albert Ramirez, Assistant Housing Director introduced Abel Magana, Executive Director for the Oxnard Downtown Improvement Association, who gave his report.

Chair Angela Whitecomb commented on the successful renewal and expansion of the District. Public comment was received from Mark Spellman. Discussion ensued among the Council and Mr. Magana. No action was required.

2. Cultural & Community Services Department
SUBJECT: Senior Services Commission Annual Report.

RECOMMENDATION: That City Council receives the Senior Services Commission annual report.

Alice Sweetland, Chair of the Senior Services Commission gave a report. Public comment was received from Deirdre Frank. Discussion ensued among the Council and Commissioners. No action was required.

E. OPENING CEREMONIES (6:00 PM)

At 6:51 p.m. Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis A. Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; and Gabriel Teran were present.

Councilwoman Gabriela Basua was not feeling well and therefore, participated remotely.

The meeting opened with the pledge of allegiance to the flag of the United States led by Madison Palacios-Vera, a student at Rio Mesa High School, followed by a moment of silence in honor of Herbert David Nowlin, Jr. who passed away on April 2, 2025.

Additional staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Javier Chagoyen-Lázaro, Chief Financial Officer; Jennifer Hiraoka, Senior Manager Internal Controls; Kenneth Rozell, Chief Assistant City Attorney; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Brian Yanez, Assistant Public Works Director; Tim Beaman, Assistant Public Works Director; Brandon Lopez, Parks Manager; Brenda Lopez, Interim Housing Director; Albert Ramirez, Assistant Housing Director; Jeff Pengilley, Community Development Director; Joe Pearson, III, Planning Manager; Daniel Houck, Associate Planner, and Lourdes A. López, City Clerk.

F. CEREMONIAL ITEMS

24 OXNARD CITY COUNCIL
May 6, 2025 PAGE 3

1. SUBJECT: Presentation of a Proclamation Designating the Month of May 2025 as "Older Americans Month."
Councilwoman Perez read the proclamation and presented it to Chair Alice Sweetland and the Senior Services Commissioners. Ms. Sweetland and the Commissioners thanked the City Council for the recognition.

2. SUBJECT: Presentation of a Proclamation Designating May 2025 as "Asian American and Pacific Islander Heritage Month."
Mayor Mc Arthur read the proclamation and presented it to Jen Benitez, with PINAYSPHERE. Ms. Benitez thanked the City Council for the recognition.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Maria Elena Saldana (Save the Arts) and Larry Stein (length of Council meetings).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager commented on various items, including: South Oxnard Center Block Party on May 17; Public Works open house on May 21st at Plaza Park; and Jeff Pengilley, Community Development Director stated that May 2025 is Building & Safety month which highlights the importance of safe and sustainable buildings in our community.

I. CITY COUNCIL BUSINESS/COMMITTEE REPORTS

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

Councilmember Perello requested that Channel Islands Neighborhood Council (Water Quality) make a presentation to the City Council.

Councilwoman Perez requested that we schedule Oxnard College President to provide updates on the work that they are doing in September or October.

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.

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

It was moved by Mayor Mc Arthur, seconded by Mayor Pro Tem Teran, to approve the appointment of Jose Cano to the Cultural Arts Commission. VOTE: Perello, Perez, Rodriguez, Starr, Teran, Basua and Mc Arthur voted in favor; the motion 25 OXNARD CITY COUNCIL
May 6, 2025 PAGE 4
carried 7-0.

J. REVIEW OF INFORMATION/CONSENT AGENDA
Item Nos. L-1 and L-4 were discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comment was received from Larry Stein (credit card merchant fee).

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).

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)

3. Finance Department
SUBJECT: Establishing a Section 115 Trusts for OPEB and Pension Liabilities.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,861 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)

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 26 OXNARD CITY COUNCIL
May 6, 2025 PAGE 5
amount of $1,783,720.
(The Finance and Governance Committee approved 3-0 on April 22, 2025)

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 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)

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)

Consent Items L-1
Item L-1 is a receive and file, no action is required.

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

Consent Items L-2, L-3, L-5 and L-6
It was moved by Councilmember Perello, seconded by Mayor Mc Arthur, to approve the Information/Consent item as presented. VOTE: Perez, Rodriguez, Starr, Teran, Basua, Perello and Mc Arthur voted in favor; the motion carried 7-0.

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:
27 OXNARD CITY COUNCIL
May 6, 2025 PAGE 6

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 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.)

Councilmembers reported on the ex parte communications received on this item.

The City Clerk announced the affidavit of publication published in Vida Newspaper on April 3, 2025 and stated there were no written communications received on this item.

Brenda Lopez, Interim Housing Director and Albert Ramirez, Assistant Housing Director were available to answer questions. Discussion ensued among the Council and staff.

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

Public comment was received from Larry Stein.
28 OXNARD CITY COUNCIL
May 6, 2025 PAGE 7
Without objection, the Council approved closing the public testimony portion of the public hearing.

Discussion ensued among the Council and staff.

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

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.

Councilmembers reported on the ex parte communications received on this item.

The City Clerk announced the affidavit of publication published in Vida Newspaper on April 24, 2025 and stated there were 4 written communications received on this item that have been previously provided to the City Council.

Joseph Gonzalez, Attorney representing the Appellant (SAFER) stated his objection to the Environmental Impact Report, endanger wildlife, density of the project and noise pollution.

Tony Locacciato, Environmental Planning Consultant for the project commented on the environmental impact report.

Ann Walsh of Shea Properties stated that weed abatement is done twice a year.

Kenneth Rozell, Chief Assistant City Attorney; Jeff Pengilley, Community Development Director; Joe Pearson II, Planning Manager; and Daniel Houch, Associate Planner were available to answer questions. Discussion ensued among the Council and staff.
29 OXNARD CITY COUNCIL
May 6, 2025 PAGE 8
Mayor Mc Arthur opened the public testimony portion of the public hearing.

Public comment was received from Greg Runyon.

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

Discussion ensued among the Council and staff.

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

At 9:27 p.m., the City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

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

N. REPORTS

1. Finance Department
SUBJECT: 2024 Single Audit Report. (40 minutes)

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) Brandon Ferrell of Eadie + Payne, LLP gave an overview of the single audit report.

Public comment was received from Larry Stein. Discussion ensued among the Council and staff. No formal action was required.

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 Plan (FCAP) for closing past audit findings. (The Finance and Governance Committee approved 3-0 on April 22, 2025)

No public comment was received. Javier Chagoyen-Lázaro, Chief Financial Officer and Jennifer Hiraoka, Senior Manager Internal Controls were available to answer questions. Discussion ensued among the Council and staff. No formal action was required.

30 OXNARD CITY COUNCIL
May 6, 2025 PAGE 9

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)

No public comment was received. Michael Wolfe, Public Works Director and Steve Howlett, Assistant Public Works Director were available to answer questions.

Discussion ensued among the Council and staff.

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

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)

No public comment was received. Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director and Brandon Lopez, Parks Manager were available to answer questions. Discussion ensued among the Council and staff.

It was moved by Councilman Starr, seconded by Councilwoman Rodriguez, to approve the recommended action. VOTE: Basua, Perello, Perez, Rodriguez, Starr, Teran and Mc Arthur voted in favor; motion carried 7-0. 31 OXNARD CITY COUNCIL
May 6, 2025 PAGE 10

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 Resolution No. 15,863 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)

No public comment was received. Michael Wolfe, Public Works Director and Brian Yanez, Assistant Public Works Director were available to answer questions.

Discussion ensued among the Council and staff.

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

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.)

32 OXNARD CITY COUNCIL
May 6, 2025 PAGE 11

Public comment was received from Larry Stein. Michael Wolfe, Public Works Director was available to answer questions. Discussion ensued among the Council and staff.

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

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 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.)

No public comment was received. Michael Wolfe, Public Works Director and Tim Beaman, Assistant Public Works Director were available to answer questions.

Discussion ensued among the Council and staff.

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

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)

No public comment was received. Michael Wolfe, Public Works Director was available to answer questions. Discussion ensued among the Council and staff.

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

33 OXNARD CITY COUNCIL
May 6, 2025 PAGE 12
O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 11:05 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor

34 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: May 20, 2025

TO: City Council

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Oxnard After School Education Safety Agreement.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8586) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,470,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.

(As of the posting of this agenda, there was not yet an outcome from the Community Services, Public Safety, and Housing & Development Committee.)

BACKGROUND

In November 2002, California voters approved the After School Education and Safety (ASES) Initiative with the passage of Proposition 49. In 2006, the Governor signed into law Senate Bill 638, making ASES operational. Decades of research show that afterschool programs help kids learn, grow, and avoid risky behaviors. After-school and summer learning programs are locally-designed school and community solutions that provide a safe place for kids and provide much needed support for families to balance work with home. According to research conducted by the Afterschool Alliance, after-school programs serve as an effective means to close the achievement gap, boost school attendance, improve academic performance and regular school-day attendance, improve classroom engagement, decrease risky behaviors and decrease the likelihood of dropping out of school.

The Oxnard School District ("OSD") contracts with the City's Recreation Division to operate the ASES program to provide after-school programming (Hours of Operation 1:30 p.m. - 6:00 p.m.) to over 2,200 Oxnard children on twenty school campuses. The proposed contract with OSD is for one year at $4,470,000. The OSD utilizes City of Oxnard ("City") employees as site coordinators and recreation staff to operate the entire program. The City has partnered with the OSD for more than 20 years and, for the past eleven years, the City has been the main contractor for the ASES program.

In summary, the contract provides for:
• Employing 100 city employees between the ages of 18-25 • Over 100 Hours of Ongoing Professional Staff Development Training provided by the School District • Over 1,000 Community Service Hours
• The OSD worked in partnership with the City to design a staffing model that works best for the ASES program.

The following two elements integrate the school’s curriculum; instruction and learning support activities:

Educational and Literacy Element - This element provides tutoring and/or homework assistance designed to help students meet state standards in one or more of the following core academic subjects: reading/language arts, mathematics, history and social studies, or science.

35 Educational Enrichment Element - This element offers an array of additional services, programs, and activities that reinforce and complement the school’s academic program. Educational enrichment may include but is not limited to, positive youth development strategies, recreation and prevention activities. Such activities may involve the visual and performing arts, music, physical activity, health/nutrition promotion and general recreation, community service-learning and other youth development activities based on the student’s needs and interests.

Known as the Oxnard Scholars Program, the OSD program has been praised by local and state agencies for excellence in after-school programming. The Oxnard Scholars Program and its employees have received recognitions such as the California Expanded Learning Emerging Leadership Award from the California Department of Education, as well as the Leaders in Eating and Activity Practices (LEAP) Award from Ventura County Public Health. The City has employed multiple individuals for the Oxnard Scholars program who now serve as elementary and secondary school teachers.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The OSD total grant award not to exceed $4,470,000 will be included in the proposed FY 2025-26 budget in the State Grant Fund (210). Primary services, including reimbursement for actual expenses, shall not exceed four million four hundred and seventy thousand dollars ($4,470,000);

The OSD requests matching funds by providing $130,000 of in-kind services per fiscal year. This match is met through the General Fund (101) by providing office space for ASES program, phone, copier, administrative and management staff time and will also be included in the recommended FY2025-26 budget. Student participation in various established recreation programs such as youth sports programs, educational field trips, and volunteer support also contribute to the in- kind match.

For Finance Use Only: State & Local Grants Fund (Org. 2105502), General Fund-Match (Org. 1015501)

COMMITTEE OUTCOME

As of the date of this City Council agenda being posted, there is not yet an outcome from the May 13, 2025, Community Services, Public Safety, and Housing & Development Committee. Staff is available to answer any questions.

Prepared by: Julie Estrada, Management Analyst

ATTACHMENTS

1. ASES Agreement #25-21 between Oxnard School District and City of Oxnard (Rec Svcs)

2. Presentation for Operations Agreement for Oxnard ASES25-26

36 OXNARD SCHOOL DISTRICT
AGREEMENT #

AGREEMENT FOR AFTER SCHOOL PROGRAMS SERVICES
THIS AGREEMENT FOR AFTER SCHOOL PROGRAMS SERVICES (this “Agreement”) is entered into as of the below-referenced Effective Date by and between the Oxnard School District, a California public school district (“District”) and the below-referenced service provider (“Service Provider”). In this Agreement, Dis trict and Service Provider are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” E f
f e c t i v e D a t e :

S e r v i c e P r o v i d e r :

A d d r e s s :

Authorized Representative:

Representative’s Email:

Type of Service: Lead Agency
Enrichment Agency
RECITA
LS
A. District is a California public school district that serves preschool to eighth grade students in the City of Oxnard, County of Ventura, State of California at one preschool, ten TK- 5 schools, four TK-8 schools, three K-8 schools, and three 6-8 schools . District offers after- school programs to its grade level students for the 180 school days and 30 non-school days within each fiscal year (July 1 to June 30).

B. For District’s after-school program, the “Lead Agency” is responsible for providing daily after-school programming for the 180 school days and 30 non-school days within each fiscal year as required by funding; works with the program from school dismissal until closing time; and provides management, oversight, and coordination of all afte rschool progra ms, including recruitment, enrollment, and programming provided by Enrichment Agencies.

C. For District’s after school program, an “Enrichment Agency” is responsible for providing specific types of enrichment programs (e.g., arts, robotics, or sports) in accordance with its area of expertise, and may provide such enrichment activities for a limited period of time (such as Tuesday and Thursday afternoons, or on non- school days during wint er, spring, or summer breaks, during the full fiscal year). Further, each and every Enrichment Agency shall adhere to the management, oversight, and coordination rules and regulations of the Lead Agency.

D. District has sought the performance of th e Services (defined below) for Lead Agency and Enrichment Agencies, as defined an d described particularly on Exhibit A-0, Exhibit A-1, Exhibit A-2, and Exhibit A-3.
37 After School Program Services Agreement
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E. Following submission of a proposal for the perform ance of the Services, Service Provider was selected by District to perform the Services as a Lead Agency or Enrichm ent Agency, as indicated above.

F. The California Department
of Education has awarded District a grant through the
Expanded Learning Opportunitie s (“ELOP”) Program, After Sc hool Education and Safety (“ASES”) Program, and/or the 21st Century Community Learning Centers (“21st CCLC”) Program for academic school year 2024-2025, commencing July 1, 2024 and ending June 30, 2025 (collectively, the “Grant”). The Grant may also apply to additional academic school years.

G. The purpose of the Grant is to fund local afte r school education and enrichment programs. The District intends to use the Grant, in part, to retain Service Provider to perform the Services.

H. The Parties desire to
memorialize the selection of Service Provider for performance of the Services and desire that the terms of th at performa nce be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenan ts made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

OPERATI

VE PROVISIONS

1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all Exhibits attached to this Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein. This Agreement, all exhibits, and the RFP, including all RFP forms and all contract forms, are collectively referred to as the “Contract.”

2. Term of Agreement
. Subject to earlier termination as provided below, this Agreement shall remain in effect from July 1, 2024 to and including June 30, 2025 (th e “Term”). This Agreement may be extended for two additional one (1)-year terms only by a written amendment, signed by the Parties, prior to
the expiration of the Term.

3. Performance of the Services; Time for Performance. Service Provider shall provide the services set forth in Service Provider’s proposal (as accepted by District and attach ed to the
Contract),
Exhibit A-0 (as applicable to Service Provider as a Lead Agency or Enrichment Agency as indicated in the preamble above), Exhibit A-1,
and Exhibit A-3 during the Term pursuant to the
schedule specified Exhibit A-0 (the “Primary Services”). Service Provider may also agree to p
rovide additional services, at District’s request and only with District’s prior written authorization (the “Additional Services”). Any such Additional Services shall be completed in accordance with Exhibit A-2 during the Term pursuant to the schedule specified in Exhibit A-0. For pu rposes of this Agreement, the Primary Services and Additional Services shall collectively be referred to as the “Services.” If Service Provider fails to complete the Services pursuant to the schedule specified in Exhibit A-0 or such other schedule that the Parties memorialize in a writing signed by duly
authorized representatives of each Party, then Service Provider shall be deemed to be in Default 38 After School Program Services Agreement
-3-
as provided below. Notwithstanding anything to th e contrary in this Agreement or the Contract, Service Provider expressly understands and agrees that this Agreement and the Contract are subject to the Grant and that if the Grant is reduced or revoked, then the District shall have the right to terminate this Agreement and the Contract with no further liability to Service Provider.

4. Compensation and Method of Payment.
a. Subject to any limitations set forth below or elsewhere in this Agreement, District agrees to pay Service Provider the amounts specified below for the Services. i. The total compensation for the Primary Services, including reimbursement for actual expenses, through reimbursemen t for supplemental ELOP Program, ASES Program, and/or 21st CCLC Program funded grant activities and/or universal grant monies as outlined in Exhibit A-0 shall not exceed the following amount:
[AMOUNTDollars $[AMOUNT])
ii. The total com pensation for the Additional Services, including reimbursement for actual expenses, th rough reimbursement for supplemental ELOP Program, ASES Program, and/or 21 st CCLC Program funded gr ant activities an d/or universal grant monies as outlined in Exhibit A-0 shall not exceed the following amount:
[AMOUNT]
Dollars $[AMOUNT]).

Notwithstanding the generality of the foregoing, if Service Provider renders any Additional Services without District’s
prior written authorization, District shall not be obligated to pay for such services.
iii. Unless the District Sup
erintendent or designee provides advance written
authorization of a higher am
ount, the hourly rate for any subcontractor of Service Provider shall not exc
eed the following amount:
[AMOUNT] Dollars $[AMOUNT]) per hour
iv. If the a mount of the Grant is modified in a manner that will affect Service Provider’s provision of the Services, in District’s sole discretion, then the Parties agree to amend the costs accordingly through written amendment.
b. Each month by , Service Provider shall furnish to District an original invoice for all work pe rformed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontracts. Subcontractor charges, if any, shall be detailed by the following categories: labor, travel, materials, equipment, and supplies. All invoices must comply with the requirements set forth in Exhibit B. District shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred comply with the provisions of this Agreement, inclusive of Exhibit B. In the event that no charges 39 After School Program Services Agreement
-4-
or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection c. In the event any charges or expenses are disputed by Distri ct, then District shall return the original invoice to Service Provider for correction and resubmission. c. Except as to any charges for work perfor med or expenses incurred by Service Provider which are disputed by District, District will use its best efforts to cause Service Provider to be paid within forty-five (45) calendar da ys of receipt of Service Provider’s correct and undisputed invoice.
d. Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

5. Quarterly Review and Adjustment of Scope of Work . District may, in its sole and absolute discretion, (a) conduct a quarterly performance review of the Services, including, but not limited to, enrollment numbers, alignment with District goals and priorities, compliance with assurances, and other reasonable evaluation indicators, and (b) based on such assessment, require Service Provider to adjust and/or decrease th e frequency of its services by a specified amount within thirty (30) calendar days or another timeframe established by District in its sole discretion, in which event District will simultaneously reduce Service Provider’s compensation pro rata with no liability to Service Provider for such reduction.

6. Termination. This Agreement may be terminated as follows. a. Mutual Agreement. The Parties may, at any time, mutually agree in writing to terminate this Agreement.
b. Termination by Service Provider for Cause . Service Provider may, upon thirty (30) calendar days written notice to District, (i) terminate th is Agreement or suspend work under this Agreement for a reasonable period of time, and (ii) recover from District payment for all work executed if: (A) Service Provider’s work under this Agreement is stopped for a period of six (6) months or more pursuant to an order of any court of competent jurisdiction or any public authority (but not for a school closure event as set forth in paragraph 7 of this Agreement), and through no act or fault of Service Provider or of anyone employed by Service Provider or acting on Service Provider’s behalf, (B) District fails to pay Servic e Provider within sixty (60) calendar days after its maturity and presentation any sum awarded by final arbitration or a court of competent jurisdiction, or (C) Service Provider delivers District written notice of any alleged material breach of this Agreement by District a nd District fails to cure such alleged breach within sixty (60) calendar days, provided, however, that the timelin e for cure shall be extended for an additional period if District is diligently pursuing such cure in good faith a nd an additional time period for the cure is reasonably warranted.
c. Termination by District fo r Non-Appropriation of Funds . District shall have the right to terminate this Agreement at any time due to non-appropriation of funds. 40 After School Program Services Agreement
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d. Termination by District for Convenience . District shall ha ve the right to terminate this Agreement for convenience by giving Service Provider at least ninety (90) calendar days written notice.
e. Termination by District for Cause. District may terminate this Agreement for cause upon thirty (30) calendar days’ written notice to Service Provider. For the purposes of this subparagraph, “cause” shall include, but not be limited to, (i) Service Provider filing for bankruptcy, being adjudged bankrupt, or being subject to involuntary bankruptcy proceedings; (ii) Service Provider making a general assignment for the benefit of Service Provider’s creditors; (iii) the appointment of a receiver due to Serv ice Provider’s insolvency; (iv) the levy of an attachment of execution upon Service Provider’s property; (v) the persistent or repeated failure or refusal of Service Provider to properly staff th e after-school programs or otherwise violate any provisions of Exhibits A-0 to A-3; (vi) the materi al violation of any app licable law or District regulation or policy; (vii) any act or omission by any Service Provider or its subcontractor personnel that constitutes gross negligence or willful misconduct, endange rs or is likely to endanger the safety, health, or wellb eing of any District student or st aff, or represents a repeated default by Service Provider personnel ( e.g., repeated late arrivals to school sites or repeated violations of the Standards for Performance); and (viii) any other material breach of the Contract by Service Provider, Service Prov ider’s employees, Service Provider’s subcontractors or anyone acting on Service Provider’s behalf, including, but not limited to, the breach of any covenant, representation or warranty in this Agreement, and the violation of any provision of the RFP (including continuing disclosure obligations). Any failure on the part of District to give notice of the Service Provider’s default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any provision of this Agr eement. District may, but is not obligated to, provide Service Provider an opport unity to cure any default. Notwithstanding the thirty (30) calendar days’ advance written notice specified herein, District reserves the right to immediately suspend the Services of Service Provider if the circumstances reasonably warrant ( e.g., due to imminent safety and health issues). Moreover, Service Provider shall be liable to District for any excess cost occasioned to District by termination for cause. The foregoing provisions for termination of this Agreement are in addition t o, and not in limitation of, the rights of District under any other provisions of the Contract. Service Provider shall not be deemed to be in default if its failure to perform any Services or comply with any provisions of this Agreement results solely from the gross negligence or willful misconduct of District. f. Effect of Termination or Expiration of Agreement . Upon termination or expiration of the Term, this Agreement, and the entire Contract, shall terminate; Service Provider shall cease providing the Services; Service Provider shall vacate the District premises, leaving them in a neat and orderly condition; and Servi ce Provider and District shall comply with any remaining obligations under th e Contract, as applicable (e .g., payment of any sums still due and owing,). Service Provider acknowledges and agrees that certain obligati ons shall survive the termination or expiration of the Contract, including, but not limited to, Service Provider’s indemnity obligations, confidentiality obliga tions, and obligations regarding delivery and maintenance of reports and records.

7. School Closures. If District, or any one or more schools within District, are closed due to any lawful reason including in re sponse to governmental orders or advisories, or to protect the 41 After School Program Services Agreement
-6-
health, safety and welfare of students and empl oyees, or by reason of any emergency (including, but not limited to, a wildfire, mudslide, or earthquake), and District notifies Service Provider that it does not need to provide the Serv ices or any portion of the Servi ces, then District shall not be charged or required to pay for th e Services, staffing, overhead, or any other related costs for the closed school site(s) during the applicable closure period. Additionally, if any school site is required to rely on remote learning in lieu of or in addition to student attendance at the time of commencement of classes or any time during the school year, then District shall have the right to notify Service Provider of the re vised service needs, and the Se rvice Provider shall, to the maximum extent reasonably practicable, provide the Services via remote learning or via a hybrid of in-person and remote learning, in which event Di strict shall not be charged or required to pay for any additional costs of the remote or hybrid learning and, if the Services are reduced, then District shall only be billed for the Services provided and adjusted actual costs for reduced services received. District shall also furnish Service Provider written no tice of school reopening plans, including phases and any interruptions in reopen ing schedules, and Service Provider agrees to furnish the Services as needed by District with cost reductions as reasonably warranted. Service Provider agrees to cooperate with District in cost reduction and utilization changes, including, but not limited to, working with Service Provider on partial, phased, or full reopening plans to provide such services as District shall need under thos e plans. Notwithstanding the generality of the foregoing clauses within this section, District may, in its sole and absolute discretion, elect to continue to pay for the Se rvices despite the closure of one or more school sites if, for example, District receives emergency funds from the State or other sources for such purposes.

8. Service Provider’s Representations and Warranties . In addition to any other representations and warranties se t forth elsewhere in the Contract, Service Provider hereby represents and warrants to District that:

a. Service Provider is curren tly authorized and qualifie d to conduct bus iness in the State and the County, and Service Provider will remain in good standing in the State, the County and, as applicable, the Internal Revenue Service, Franchise Tax Board, and Attorney General, for the entire term of the Contract.

b. Service Provider has carefully examined the Contract; is familiar with the Services; and has the expertise, personnel, and resources to timely and properly conduct the Services.

c. Service Provider has the right, power, and authority to enter into the Contract, including this Agreement and all contract documents, and to perform its obligations hereunder and under the Contract.

d. This Agreement constitutes the legal, valid, and binding obligation of Service Provider enforceable against Service Provider in acco rdance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium, and other principles relating to or limiti ng the rights of contracting parties generally. This Agreement does not violate any provision of any material agreement or document to which Service Provider is a party or by which Service Provider is bound.

42 After School Program Services Agreement
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e. There are no lawsuits, claims, suits, proceedings, or investigations pending or, to Service Provider’s knowledge, threatened against Service Provider arising out of or concerning Contractor’s performance under th is Agreement. There are no su its, actions, or proceedings pending, or to Service Provider’s knowledge, threatened against Service Provider which question the legality or propriety of the transactions contemplated hereunder.

All representations and warranties of Service Provider are made as of the Effective Date and shall survive the term of the Contract for a period of three (3) years. Service Provider shall be in material default if Service Provider is unable to make the representations and wa rranties hereunder as of the Effective Date.

9. Ownership of Documents; Use of Documents by District . All curriculum, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, fliers, and other documents prepared, developed or disc overed by Service Provider in the course of providing any of the Services pursuant to this Agreement (c ollectively and individually, the “Documents”) shall become the sole property of District and may be used, reused or otherwise disposed of by District without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Serv ice Provider shall turn over to District all such Documents. If and to the extent that District utilizes for any purpose not related to this Agreement any Documents, Service Provider’s guarantees and warrants related to Standards of Performance as set forth in paragraph 13 of this Agreement shall not extend to such use of the Documents.

10. Service Provider’s Books and Records.
a. For purposes of this Agreement, the term “Records” means any and all books and records relating to Service Provider’s performance of Services at each and every school site within the District, including, but not limited to, all:
i. student outreach materials (such as flyers and other promotional materials); student enrollment records; daily student attendance records; daily sign in and sign out sheets; early release polic y, early release requests, and other early release records; physician notes for student absences, activity restrictions, etc.; ii. employee records for Service Prov ider personnel working in the Program, including proof of TB clearance , first aid and CPR certification, and satisfaction of all training requirements, evidence that the staff person meets the minimum qualification for providi ng services to District (e .g., proof of meeting qualifications as a paraeducator as defi ned by District), hiring date and (if applicable) termination date, job descri ption, school site assignment, dates of service at District school sites, payroll records, and employme nt files (including disciplinary records);
iii. food service reimbursable snack logs and Q meal summary electronic reports for nutrition provided to students attending the programs; iv. ledgers, books of account, invoices, vouchers, canceled checks, and other records evidencing or relating to work, services, expenditures, and disbursements charged to Di strict under this Agreemen t (which Service Provider shall maintain in accordance with gene rally accepted accounting principles and 43 After School Program Services Agreement
-8-
with sufficient detail to permit an accurate evaluation of the Services provided by Service Provider pursuant to this Agreement); and
v. evidence of any grants, matching funds, in-kind donations, or other financial contributions to the Program that were provided through or on account of Service Provider.
b. District’s fiscal year is July 1 to June 30. By July 15 of each year, Service Provider shall deliver to District true and correct copies of all Records for the prior fiscal year (e.g., by July 15, 2025, provide copies of all Records for July 1, 2024 to June 30, 2025)). Service Provider shall upload true and correct electronic copies of the Records to a secure portal as directed by District. c.

Service Provider shall maintain any and all Record s for a minimum of five (5) years after termination or expiration of this Agreement, or longer if required by law. d. Any and all such Records shall be made available for inspection, audit and copying, at any tim
e during regular business hours, upon request by District or its designated representative.

Copies of such Records shall be provided directly to District for inspec tion, audit and copying when it is practical to do so; otherwise, unless an alternative is m utually agreed upon, such Records shall be m
ade available at Serv ice Provider’s address indic ated for receipt of notices in this Agreem
ent or via electronic delivery.
e. District has the right to acquire custody of such Records by written request if Service Pro
vider decides to dissolve or terminate its business. Service Provider shall deliver or cause to b e delivered all such Records to District within sixty (60) workdays of receipt of the request.

11. Independent Contractor . Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of District. a. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provid er’s exclusive direction and control. Service Provider, its agents or employees shall not at any time or in any manner represent that Service Provider or any of Service Provide r’s officers, employees, or agents are in any manner officials, officers, employees, or agents of District. Neither Service Provider, nor any of Service Provider’s officers, employees, or agents, shall, by virtue of Services rendered under this Agreement, obtain any rights to retirement, health care or any other benefits which may otherwise accrue to District’s employees. Service Provider will be responsible for payment of all Service Provider’s employees’ wages, payroll taxes, employee benefits, workers’ compensation, and any amounts due for federal and state income taxes and social security taxe s since these taxes will not be withheld from payment under this Agreement.
b. Service Provider shall have no authority to bind District in any manner, or to incur any obligation, debt, or liability of any kind on beha lf of or against Distri ct, whether by contract or otherwise, unless such authority is expressl y conferred in writing by District, or under this Agreement.
44 After School Program Services Agreement
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12. Penal Code sections 667.5 and 1192.7. If Service Provider becomes aware that any person employed by or volunteering with Service Provider in connection with the Services has been arrested or convicted of a viol ent or serious felony listed in Penal Code Section 667.5(c) or 1192.7(c), then Service Provider must immediately remove said em ployee or volunteer from the performance of the Services, prevent the employee or volunteer from interacting with District students, and notify Dist rict. District retains the right to prohibit any such employee from participating in the program or having access to students or the program site.

13. Standards of Performance . Service Provider represents and warrants that it has the qualifications, experience, resources, and faciliti es necessary to properly perform the Services required under this Agreement in a thorough, co mpetent, and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services described herein. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Service Provider under this Agreement.

14. Confidential Information, Generally. All information gained during performance of the Services and all Documents or other work produc t produced by Service Provider in performance of this Agreement shall be considered confidential, but only to the extent such information is not considered a public record for purposes of federal or state law. Service Provider shall not release or disclose any such information, Documents or wo rk product to persons or entities other than District without prior written authorization from the Superintendent of District, except as may be required by law.
a. Service Provider shall promptly notify District if it is served with any summons, complaint, subpoena or other discovery request, court order or other re quest from any Party regarding this Agreement or the work performed hereunder. b. District retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing, or similar pro ceeding. Service Provider agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Service Provider; provided that this does not imply or mean the right by District to control, direct, or rewrite said response.

15. Student Privacy Laws.
a. In relation to the performa nce of the Services, Servic e Provider may receive or obtain access to confidential student data (“Confidential Student Data”) that is governed by privacy laws under federal or state law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) (“HI PAA”); the Family Educational Rights and Privacy Act of 1974 (20 USC § 1232 g and 34 CFR Part 99) (“FERPA”); the Protection of Pupil Rights Amendment (20 USC § 1232h) (“PPRA”); the Children’s Online Privacy Protection Act of 1998 (15 USC §§ 6501, et seq.) (“COPPA”); California Education Code Section 49073-49079.7; the Student Online Personal Information Privacy Act (Cal. Business and Prof. Code §§ 22584, et seq.) (“SOPIPA”); the Early Learning Personal Information Prot ection Act (Cal. Business and 45 After School Program Services Agreement
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Prof. Code §§ 22586, et seq.) (“ELPIPA”) (collectively, the “Student Privacy Laws”). Service Provider agrees to abide by the Student Privacy Laws in connection with all Confidential Student Data.
b. Service Provider shall strictly comply with the Student Privacy Laws. Without limiting the generality of the foregoing, Service Provider shall perform the following duties in regards to any Confidential Student Data that Se rvice Provider obtains in the performance of the Contract: (i) not disclose the information to any other party without the consent of the parent/guardian or an eligible student; (ii) use the data for no other purpose than the performance of the services contemplated under the Contract; (iii) permit District access to any relevant records for the purpose of completing authorized audits; (i v) require all of Service Provider’s officers, directors, administrators, employees, subcontractors, and agents to comply with all provisions of the Student Privacy Laws; (v) designate in writing a single authorized representative who shall be responsible for requesting, receiving, transmitti ng and, as permitted under the Contract and applicable law, destroying Confidential Student Data; (vi) maintain all Confidential Student Data in a secure computer and not copying, reproducing or transmitting data except as necessary to perform under the Contract ; and (vii) destroy or return all personally identifiable information obtained under the Contract when it is no longer needed for the purpose for which it was obtained no later than thirty (30) calendar days after it is no longer required. Failure to properly destroy or return Confidential Student Data shall precl ude Service Provider from accessing personally identifiable student information for at least five (5) years as provided in 34 C.F.R. Section

99.31(a)(6)(iv), which shall be grounds for District to terminate this Agreement for cause and seek any and all remedies available to District at law or in equity. c. In the event that Service Provider operates a website, online service, mobile application or similar medium, Service Provider shall comply with the requirements of SOPIPA (Cal. Business and Prof. Code §§ 22584, et seq .) by (a) not knowingly e ngaging in advertising targeted to District students or their parents or guardians, creating profiles of students or their parents or guardians, selling information about students or their parents or guardians, or disclosing any personally identifiable inform ation without proper prior cons ent; (b) storing, processing and protecting District data pursuan t to commercial best practices, including encrypting data; (c) promptly deleting District data, including, but not limited to, student, pare nt and guardian data, upon District’s request; and (d) not storing District data outside of the United States.

16. Conflict of Interest; Disclosure of Interest . Service Provider cove nants that neither it, nor any of its officers or employees, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of District or which would in any way hinder Service Provider’s performance of Services under this Agreement. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the District.
a. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of District in the performance of this Agreement. 46 After School Program Services Agreement
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b. Board Bylaws Sections 9270 and 9270-E, as hereinafter amended or renumbered, require that a Service Provider th at qualifies as a “designated em ployee” must disclose certain financial interests by filing financial interest disclo sures. By its initials below, Service Provider represents that it has received and reviewed a copy of the Board’s Bylaws Sections 9270 and 9270- E (available on the District’s website at https://www.oxnardsd.org/domain/12) and that it does not qualify as a “designated employee.”
______ (Initials)
c. Service Provider agrees to notify the Superintendent, in writing, if Service Provider believes that it is a “designated employee” and shoul d be filing financial in terest disclosures but has not been required to do so by the District.
______ (Initials)

17. Compliance with Applicable Laws . Service Provider hereby agrees that Service Provider, and its officers, owners , agents, employees, and subcontra ctors, shall keep themselves informed of and comply with all applicable fe deral, state, and local laws, statutes, codes, ordinances, regulations, and rules in the performance of the Contract, including, but not limited to, minimum wage laws and laws prohibiting discri mination. Service Provider shall be responsible for the safety of its employees and shall comply with all applicable regulations of the California Division of Occupational Safety and Health (Cal OSHA), including, but not limited to, California Code of Regulations Title 8, section 3203, Injury and Illness Prevention Program, and section 3205, COVID-19 Prevention. Service Pr ovider shall ensure that work ers in school settings who are on-site supporting school functions are compliant with applicable Pub lic Health Department Orders and Guidance, and other mandates relate d to COVID-19, so long as such orders and guidance remain in effect. Service Provider a nd its officers, owners, agents, employees, and subcontractors shall secure and maintain in force for the Term, at their sole cost and expense and at no cost to District, any and all licenses, perm its and authorizations n ecessary to perform the Services. Neither District, nor any elected or ap pointed boards, officers, officials, employees, or agents of District, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. Without limiting the generality of the foregoing, Service Provider shall comply with any applicable fingerprinting requirements as set forth in the Education Code of the State of California.
______ (Initials)

18. Undocumented Workers. Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. Sections 1101, et seq., as amended, and in connection therewith, shall not employ undocumented workers, defined herein the same as in 8 U.S.C.A. Section 1324a(h )(3). Should Service Provider so employ such individuals for the performance of work and/or Services covered by this Agreement, and should any liability or sanctions be imposed against District for such empl oyment, Service Provider hereby agrees to and shall reimburse District for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by District.

19. Non-Discrimination. Service Provider shall abide by the applicable pr ovisions of the United States Civil Rights Act of 1964 and other provisions of law prohibiting discrimination and 47 After School Program Services Agreement
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shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handi cap, medical condition or marital status in connection with or related to the performance of this Agreement.

20. Assignment. The expertise and experience of Service Provider are material considerations for this Agreement. District has an interest in the qualifications of and ca pability of the persons and entities that will fulfill the duties and ob ligations imposed upon Service Provider under this Agreement. In recognition of that interest, Se rvice Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the Board of Trustees of District. Any attempted assignment shall be ine ffective, null and void, and shall constitute a material breach of this Agreemen t entitling District to any and all remedies at law or in equity, including summary termination of this Agreement.

21. Subcontracting. Notwithstanding the above, Service Provider may utilize subcontractors in the performance of its duties pursuant to this Agreement, but only with the prior written consent of District. Service Provider shall be as fully responsible to District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by Service Provider, as if Service Provider performed the acts and omissions directly.

22. Continuity of Personnel. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’ s staff and subcontractors, if any, assigned to perform the Services required under this Agreement.
a. Service Provider shall ensure that District has a current list of all personnel and subcontractors providing Services under this Agreement. b. Service Provider shall notify District of any changes in Service Provider’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. The list notice shall include the following information: (i) all full or part-time staff positions by title, includ ing volunteer positions whose direct services are required to provide the Services described herein; (ii) a brief description of the functions of each such position and the hours each position works each week or, for part-time positions, each day or month, as appropriate; (iii) the professional degree, if applicable, and experience required for each position; and (iv) the name of the person responsible for fulfilling the terms of this Agreement. c. Service Provider shall maintain a database of prospective employees in order to avoid a gap in filling intended positions.
d. Notwithstanding the generality of the foregoing, all Servic e Provider personnel assigned to perform under the Cont ract shall be subjec t to the continuous approval of District.

District may refuse to accept any Service Provider personnel assigned to the Contract in the event that such persons fail to meet the necessary performance standards or for any other reasonable basis. Upon the request of District, Service Pr ovider shall immediately terminate the assignment of any Service Provider personnel to the District’s after-school program. 48 After School Program Services Agreement
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23. Assumption of Responsibility. In accordance with Servi ce Provider’s obligations under paragraphs 11, 13, 21, and 22 herein, Service Provider as sumes all responsibil ity for the care, custody, and control of students participating in any activity, whether on-site or off-site, offered in connection with the Services.

24. Service Provider’s Indemnification of District.
a. To the fullest extent permitted by California law, Service Provider, on behalf of itself and its officers, agents, employees, board members, owners, shareholders, subcontractors, volunteers and agents (collectiv ely, “Indemnifying Party”), shall at its sole expense indemnify, protect, defend and hold harmless District, its officers, agents, employees, elected board members, and volunteers (collectively, “I ndemnified Party”) from and ag ainst any liabil ity (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, nature, and description, includi ng, but not limited to, which arise out of or relate to any one or more of the following (each a “Claim” and collec tively the “Claims”): (i) Indemnifying Party’s breach of any representation or warranty in the Contract; (ii) I ndemnifying Party’s breach of any material provision of the Contra ct; (iii) Indemnifying Party’s violation of any applicable law; (iv) employment and labor claims concerning I ndemnifying Party’s employees, agents, and/or subcontractors; (v) intentional misrepresentation or fraud by I ndemnifying Party; (vi) bodily injury, including, but not limited to, illness, co mmunicable disease, virus, or pandemic in connection with Indemnifying Party’s provision of the Services; (v) personal injury (including, but not limited to, injuries related to or derived from alleged sexua l misconduct, sexual abuse, or molestation, and any claims or allegations of wrongful death) in connection with Indemnifying Party’s provision of the Services, (vi) any damage to and destruction of real property in connection with Indemnifying Party’s provision of the Services; (vii) any damage to and destruction of personal property in connection with Indemnifying Party’s provision of the Services, (viii) Service Provider’s furnishing to District of any copyrighted or patented material under the Contract and claims that such materials infringe upon a third party’s intellectual property rights. For avoidance of doubt, Service Provider’s liability under this paragraph includes any and all liability arising out of or in any way attributable to the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including, but not limited to, its officers, agents, employees, and subcontractors.
b. Indemnifying Party’s indemnity, defense, protection and hold harmless obligations under this paragraph 24 shall apply whether or not the applicable Claim: (i) is a third party claim or a direct claim; (ii) has any merit; (iii) aris es from an act or omission authorized under the Contract; or (iv) is caused or al leged to have been caused by th e negligence of the Indemnified Party, provided, however, that Indemnifying Party shall not be liable for damages or losses caused by sole gross negligence or sole willful misconduct of the Indemnified Party. c. Indemnifying Party’s obligations under th is paragraph 24 shall not be limited by Service Provider’s insurance requirements under the Contract. 49 After School Program Services Agreement
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d. The Indemnified Party shall promptly notify the Indemnifying Party of any Claim for which indemnification is sought, following actual knowledge of such Claim. However, the failure to give such notice shall not relieve the Indemnifying Party of its obligations hereunder except to the extent that Indemnifying Party is materially and irrevocably prejudiced by such failure. In the event that any th ird party Claim is brought, the I ndemnifying Party shall have the right and option to undertake and co ntrol the defense of such acti on with counsel of its choice, except that (i) the Indemnified Party at its own expense may participate and appear on an equal footing with the Indemnifying Party in the defense of any such Claim; (ii) the Indemnified Party, at Indemnifying Party’s expense, may undertake and control of such defens e in the event of the material failure of the Indemnifying Party to undertake and control th e same; and (iii) the Indemnified Party may control with counsel of its choice the de fense of any third party Claim when an adverse judgment would establish a precedent that would be materially damaging to the continuing business interests of Indemn ified Party as a public agency (e .g., a Claim involving public contracting rules). A Party shall not consent to judgment or concede or settle or compromise any Claim without the prior wri tten approval of the other Party (which approval shall not be unreasonably withheld, delayed, or conditioned).

e. No Party shall be entitled to any form of implied or equitable indemnification at any time, whether based upon a theory of contract, torts, strict liability or otherwise, and each Party expressly disclaims any right to implied or equitable indemnification.

f. Service Provider agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this secti on from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement. In the event Service Provider fails to obtain such indemnity obligations from others as required here, Service Provider agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend District as set forth here is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement.

g. The provisions of this paragraph 24 shall survive the termination or expiration of the Contract and remain in full force and effect.

On behalf of Service Provider , I certify that I have read and understood the foregoing indemnity, defense, and hold harmless obligations under this paragraph 24 and that Service Provider agrees to be bound by such obligations.
______ (Initials)

25. District’s Indemnification of Lead Agency.

a. To the fullest extent permitted by Califor nia law, District shall indemnify, protect, defend and hold harmless Lead Agency a nd any and all of its o fficials, city council members, employees and agents from and against any liability (including liability for claims, suits, actions, arbitratio
n proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including 50 After School Program Services Agreement
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attorneys’ fees and costs, court costs, interest , defense costs, and expert witness fees) of any kind, nature, and description, including, but not li mited to, personal injury (including but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse, or molestation), death, damage to property (real or pe rsonal), to the extent the liability arises out of or is in any way at tributed to the performa nce of this Agreement by District or District’s officers, agents, employees or is in any way directly attributable to the alleged existence of dangerous conditions on Distri ct real property during the operation of the program contemplated hereunder. The provisions of this indemnification do not apply to any damages or losses caused by the sole negligence or will ful misconduct of Lead Agency, its officials, elected council members, employees, agents, or program participants. b. This obligation to indemnify and defend Lead Agency is binding on successors, assigns or heirs of District and shall survive termination of this Agreement. c. Should the acts or omissions of both Lead Agency and District contribute to any injury or damage, then their responsibility for the injury or damage w ill be divided between them in proportion to their respective contributions to the injury or damage. ssss

26. Enrichment Agency’s Indemnification of Lead Agency. To the fullest extent permitted by California law, Enrichment Agency shall in demnify, protect, defend and hold harmless Lead Agency and Lead Agency’s officials, city council members, employees and agents from and against any liability (including liability for claims, suits, ac tions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, incl uding attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, na ture, and description, including, but not limited to, personal injury (including but not limited to, inju ries related to or derived from alleged sexual misconduct, sexual abuse, or molestation), death, damage to property (real or personal), to the extent the liability arises out of or is in any way attributed to the performance of this Agreement by Enrichment Agency or by any individual or entity for which the Enrichment Agency is legally liable, including, but not limited to, any Enrichment Agency officers, agents, employees or subcontractors or that rises out of or is in any way directly attributed to officers, agents, employees or subcontractors of Enrichment Agency or that arises out of or is in any way directly attributable to the alleged existence of dangerous conditions on District property during the operation of the program contemplated hereunder (if such conditi ons are caused by the acts or omissions of Enrichment Agency or any individual or entity for which Enrichment Agency is legally liable).

Except as specifically provided in this Agreement, in no event shall Enrichment Agency be liable for any special, consequential, i ndirect, or incidental damages, including but not limited to lost profits, arising out of or in c onnection with this Agreement. Th is obligation to indemnify and defend Lead Agency is binding on successors, assigns or heirs of Enrichment Agency and shall survive termination of this Agreement.

27. Limitation of Liability. District assumes no responsibility whatsoever for any of Service Provider’s personal property placed on District premises. Except as specifically provided in the Contract, in no event shall District be liable in contract or tort for any special, consequential, indirect, or incidental damages arising out of or in connection with the Contract. 51 After School Program Services Agreement
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28. False Claims. Notwithstanding anything to the contrary in the Contract, Service Provider may be liable to District under the False Claims Act (California Government Code Sections 12650, et seq.) for any and all false claims that Service Provider presents or makes to District in connection with the Contract. Service Provide r’s liability under the False Clai ms Act, if any, shall include three times the amount of damages that District su stains because of the false claim and the costs of a civil action brought to recover any penalti es and/or damages, and the then-current and applicable civil penalty for each violation.

29. Insurance. Service Provider shall provide insurance coverage for the Services as set forth on Exhibit C.

30. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally deliv ered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To District:

To Service Provider:

Oxnard School District
1501 South A Street
Oxnard, CA 93030 Attention:

D
r. Ginger Shea Phone:
805-385-1501 ext. 2324 Email:
g
[email protected]
[NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP]
Attention: [NAME]
Phone:
[PHONE]
Email: [EMAIL]
Notice shall be deemed effective on the date personally delivered with a copy sent via email or, if mailed, three (3) business days after deposit of the same in the custody of the United States Postal Service.

31. Excusable Delays. Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limite d to, acts of God, acts of the public enemy, acts of federa l, state, or local governments, acts of District, court orders, fires, floods, strikes, embargoes, pandemics, epidem ics, governmentally mandated quarantines, and unusually severe weather. The te rm and price of this Agreement shall be equitably adjusted for any delays due to such causes.

32. Authority to Execute . The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. 52 After School Program Services Agreement
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33. Administration. The Assistant Superintendent of Educational Services, or such person’s designee, shall be in charge of administering this Agreement on behalf of the District. The Administrator has completed Exhibit D.

34. Binding Effect . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

35. Entire Agreement. This Agreement and the exhibits and documents incorporated herein constitute the entire agreement and understanding between the Pa rties in connection with the matters covered herein. This Agreement supersedes any prior understanding or agreement, oral or written, of the Parties with respect to said matters.

36. Amendment. No amendment to or modification of this Agreement shall be valid or binding unless made in writing by Service Provider and by District. The Parties agree that this requirement for written modificatio ns cannot be waived and that any attempted waiver shall be void.

37. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by District of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

38. Governing Law; Jurisdiction . The Contract, including this Agreement, shall be construed in accordance with the laws of the St ate for all substantive and procedural matters, without regard to principles of conflicts of law. Venue for any legal action or proceeding relating to the Contract shall lie exclus ively in the County. The venue fo r any arbitration, mediation or other action or proceeding relate d to enforcement or interpretation of the Contract shall be the County of Ventura. In the event of any litigation related to the Contract, the Parties irrevocably submit themselves to the jurisdiction of the Superior Court of Ventura County. Each Party hereby waives and expressly agrees not to assert, in any manner whatsoever, any claim or allegation that it is not personally subject to the jurisdiction of the aforementioned court. The Parties further agree to waive any claim or allegation that the suit , action, or proceeding is either brought in an inconvenient forum or that the venue is improper.

39. Dispute Resolution. It is the Parties’ intention to avoid the cost of litigation and to attempt to resolve any problems arising out of or related to the Contract amicably. To that end, the Parties agree to attempt to settle any and all disputes aris ing out of or related to the Contract by neutral, non-binding mediation, as a condition precedent to the commencement of arbitration, litigation, or any other similar proceeding. Either Party may request mediation, provided that the request shall be in writing and delivered to the other Party in accordance with the notice provisions set forth in this Agreement. The Parties agree to act in good faith to attempt to resolve any dispute by mediation.

A Party shall not be entitled to attorneys’ fees in any lawsuit, arbitration, or other proceeding related to or arising under the Contract if that Party refused or failed to participate in mediation in good faith pursuant to this paragraph. The Parties further agree to act in good faith t o identify a
53 After School Program Services Agreement
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mutually acceptable mediator. If a mediator cannot be agreed upon by the Parties, each Party shall designate a mediator and those mediators shall select a third mediator who shall act as the neutral mediator of the Parties’ dispute. If the dispute or claim is resolved successfully through the mediation, the resolution shall be documented by a written agreement executed by the Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of the Contract and other rights and remedies afforded to them by law. Notwithstanding the foregoing, nothing set forth in this paragraph shall require mediation prior to commencing an action in equity seeking injunctive relief or prior to District taking action to protect the health or safety of its students or staff. All applicable statutes of limitation shall be tolled while the mediation pr ocedures specified herein are pending, and the Parties agree to take all action, including the ex ecution of stipulations or tolling agreements, necessary to effectuate the intent of this provision.

40. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdic tion to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void, or unenforceable provision(s).

IN WITNESS WHEREOF, District and Service Provider have executed and delivered this agreement for Service Provider services as of the date first written above. “District”
Oxnard School District,
a California public school district
B y :

Melissa Reyes, Director of Purchasing
“Service Provider”
,
B y :

54 Exhibit A-1
page 1
EXHIBIT A-0

SCOPE OF SERVICES
PART I: LEAD AGENCY
A. Definition of Lead Age
ncy. The “Lead Agency” is responsible for providing daily after- school programming for the 180 schools days and 30 non-school days within each academic school year of the Contract as required by funding. The Lead Agency works with the program from school dism issal until closing time. The Lead Agency provides management, oversight, and coordination of all after-school programs, including recruitment, enrollment, and programming provided by Enrichment Agencies.

B. Lead Agency Responsibilities. The Lead Agency will perform the Services in accordance with the Contract and specifically agrees to perform the Services in accordance with the following requirements.

1. Enrollment.
a. Provide staffing to support program enrollment activities, including, but not limited to, school-site coordina tion, classroom and school-wide presentations/recruitment activities, documentation of active participants and maintenance of wait lists, communication with school site administration and families on up-to-date acceptance and wait lists. b. Provide ongoing enrollment support fo r enrichment bursts and special events, including, but not limited to, recruitment activities, open house, showcases, back to school nights, etc.
c. Prior to students participating in the Program, obtain signed copies of all enrollment forms required by the District and any additional forms required by the Lead Agency and provide copies of all such enrollment forms to the District. The District’s current requir ed enrollment forms are included as Attachment A.

2. Five-Day Week and Enrichment Burst Program Attendance. a. For daily five-day week program, elem entary students should participate every day the program operates.
b. For daily five-day week program, intermediate students should participate a minimum of nine hours and three days per week.
c. For enrichment bursts, students should participate according to the schedule for the activity.
d. The Lead Agency will make good faith efforts to maintain consistency of attendance with the intent to reduce the turnover in enrollment. e. The Lead Agency will take daily atte ndance to ensure student safety and attendance.
55 Exhibit A-1
page 2
f. Early release waivers will be used for all students recurring late start or early program release (e.g., late start for tutoring and early release for catechism or sports).
g. Students who leave the program ear ly with an excused reason ( e.g., sick, doctor’s appointment) shall have it noted on the sign out sheet and have back up documentation filed with each month’s attendance. h. The Lead Agency shall agree to meet the minimum attendance required by the ELOP, ASES, and 21st CCLC Grants, as applicable.
i. The Lead Agency shall maintain enro llment documents for the daily five day a week program and enrichment bursts.

3. Assurances. The Lead Agency assures, warrants to the District, and agrees that in the performance of the Contract, the Lead Agency shall:
a. Provide an academic and enrichment after school program in each grant funded school and ensure there are co mprehensive and holistic program offerings available for all program participants;
b. Plan the program through a collaborat ive process that includes parents, youth, representatives of participating school sites, governmental agencies, local law enforcement, community organizations and the private sector; c. Staff all activities not to exceed a 10:1 ratio for all TK and K students and 20:1 ratio for Grades 1-8;
d. Provide payroll services for Lead Agency employees;
e. Operate each program from the end of the school day until 6:00 p.m. or a minimum of 3 hours, whichever is later, every regular school day; f. When agreed upon and coordinated between Lead Agency and District, provide a program for non- school calendar days ( i.e., weekends, days, vacations);
g. Lead Agency will provide services for 30 non-school days for a minimum of 9 hours per day;
h. Provide program assessment results to District for the annual evaluation.

Evaluation tools such as Quality Self-Assessment Tool (QSAT) or other measures of program evaluation as suggested by the California Department of Education – After School Divisi on and/or California After-School Network. Documentation needs to happen quarterly for the Federal Program Monitoring Process (FPM);
i. Assist and maintain organized information for FPM at each site, and submit documentation to the District quarterly;
j. Ensure all food offered to students c onforms to the nutr ition standards as established by the U.S. Department of Agriculture (low fat content, calories, no candy or soda). Reimbursable Snack Logs will be submitted to District Food Services to ensure proper docum entation for the State and Federal Food Program. Reporting also includes electronic input of total snacks served in Q – Food Services module.
56 Exhibit A-1
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4. Non-School-Day Activities.
a. 30 non-school days are required by the ELOP Program. b. Program shall be open for a minimum of 9 hours.
c. Transportation shall be provided if program offered off site. d. Field trips and/or any off-site activities shall follow all guidelines of a field trip as outlined in Exhibit A-1.
e. 2025-2026 Non-School-Day Schedules (subject to change) i. Summer: July 1-25, 2025 (pack out on July 28, 2025)
ii. Spring Break: March 30 - April 9, 2026 (No Fridays)

5. Trainings.
a. Lead Agency shall ensure that each and every staff person of th e Lead Agency (not including those of any Enrichment Agency), as a prerequisite to and precondition of such staff person providing ser vices to the District, has been trained in the following topics:
i. Mandated reporting
ii. Anti-harassment
iii. Sexual misconduct prevention
iv. Bullying prevention
v. Discrimination prevention
vi. Suicide awareness and reporting
vii. Classroom management
viii. Social and emotional supports
ix. Quality standards for expanded learning
x. Emergency preparedness
For avoidance of doubt, no Lead Agen cy staff person shall provide any services to the District unless and until such staff person has been trained in the foregoing topics.
b. Additionally, Lead Agency shall ensure that each and every staff person of the Lead Agency (not including those of any Enrichment Agency), as a prerequisite to and precondition of such staff person providing services to the District, has been certified in:
i. First aid, automated external defibrillator [AED], and CPR, including epinephrine administration (American Red Cross equivalent)
57 Exhibit A-1
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For avoidance of doubt, no Lead Agen cy staff person shall provide any services to the District unless and until such staff person has been certified in first aid, AED, and CPR.
c. Lead Agency shall ensure that all staff attend:
i. Four (4) all staff trainings on the following dates (which are subject to change): August 7 & 8, 2025; October 13, 2025; January 9, 2026.
ii. Quarterly professional development provided by District and Lead Agency on the topics such as team building, emergency procedures, positive behavio r intervention su pport, English learner strategies, social and emotional awareness and learning , sch ool safety, Common Core St ate Standards, grade level pedagogy,
communication skills and other to pics to align the after-school program with the regular day throughout the course of the academic school year.
iii. Site team meetings 1 hour every two weeks.

6. Professional Development.
a. Lead Agency – Management Only:
i. Attend Region 8 Program Directors and Network Meetings on a quarterly basis.
b. Lead Agency – All Staff (inclusive of owners, managers, and site-level staff):
i. Participate in quarterly profe ssional development provided by District and Lead Agency on th e topics of Positive Behavior Intervention Support, English Learner Strategies, technology, Depth of Knowledge and inquiry st rategies, Common Core State Standards, Smarter Balanced Assessment Consortium,
communication skills and other to pics to align the after-school program with the regular day throughout the course of the academic school year.

7. Curriculum and Activity Design.
a. The Lead Agency is responsible for developing all acti vities, including curriculum, consumable and non-consum able materials, and timelines, all in alignment with District goals, priorities, and applicable grant requirements. The Lead Agency must send its syllabi to the District in advance on a monthly basis.
58 Exhibit A-1
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b. When agreed upon in writing in advance, the District may provide the Lead Agency with curriculum training that meets the needs of the District. If the District will provide the training, then it will be as follows.

Participate in monthly trainings to receive lessons and materials for the upcoming month. Meetings will be a minimum of two hours. Lead Agency and District will coordinate trainings.
i. Professional Development – Math staff, Literacy
Participate in two full day trainings before the start of school conducted by District-approved prov ider as per agreement with District.

Participate in monthly trainings to receive lessons and materials for the upcoming month. Training will be two hours.
ii. Professional Development – Literacy
Participate in two full day trainings before the start of school conducted by District-approved prov ider as per agreement with District.

Participate in monthly trainings to receive lessons and materials for the upcoming month. Training will be two hours.
iii. Professional Development – Arts/Special Enrichment staff Participate in monthly trainings offered by Dist rict, District- approved provider, and/or Servi ce Provider. Training will be between 2 and 4 hours a session.

Provide enrichment that meets the goals as stated in the District After School Education and Safety Program Plan.
iv. Professional Development – Physical Fitness/Recreation Staff Participate in monthly trainings as offered by the Service Provider.

Training topics include, but are not limited to, physical fitness, self- esteem, and nutrition.

PART II: ENRICHMENT AGENCY
A. Enrichment Agency. Each “Enrichm
ent Agency” will provide specific types of enrichment
programs (e.g., arts, robotics, or sports) in accordance with its area of expertise. An Enrichment 59 Exhibit A-1
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Agency may provide such enrichment activities for a limited period of time (such as Tuesday and Thursday afternoons, or on non-school days during winter, spring, or summer breaks, during the full fiscal year).

B. Enrichment Agency Responsibilities. The Enrichment Agency will perform the Services in accordance with the Contract and specifica lly agrees to perform the Services in accordance with the following requirements.

1. Enrollment.
a. Provide ongoing enrollment support fo r enrichment bursts and special events, including, but not limited to, recruitment activities, open house, showcases, back to school nights, etc.
b. Prior to students participating in the Program, obtain signed copies of all enrollment forms required by the District and any additional forms required by the Lead Agency and provide copies of all such enrollment forms to the District. The District’s current enrollment forms are included as Attachment A.

2. Five-Day Week and Enrichment Burst Program Attendance. a. For daily five-day week program, elem entary students should participate every day the program operates.
b. For daily five-day week program, intermediate students should participate a minimum of nine hours and three days per week.
c. For enrichment bursts, students should participate according to the schedule for the activity.
d. The Enrichment Agency will make good faith efforts to maintain consistency of attendance with the intent to reduce the turnover in enrollment.
e. The Enrichment Agency will take daily attendance to ensure student safety and attendance.
f. Early release waivers will be used for all students recurring late start or early program release (e.g., late start for tutoring and early release for catechism or sports).
g. Students who leave the program ear ly with an excused reason ( e.g., sick, doctor’s appointment) shall have it noted on the sign out sheet and have back up documentation filed with each month’s attendance. h. The Enrichment Agency shall agre e to meet the minimum attendance required by the ELOP, ASES, and 21
st CCLC Grants, as applicable.
i. The Enrichment Agency shall maintain enrollment documents for the enrichment bursts.

3. Assurances. The Enrichment Agency assures, warrants to the District, and agrees that in the performance of the Contract, the Enrichment Agency shall:
60 Exhibit A-1
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a. Provide an academic and enrichment after school program in each grant funded school and ensure there are co mprehensive and holistic program offerings available for all program participants;
b. Plan the program through a collaborat ive process that includes parents, youth, representatives of participating school sites, governmental agencies, local law enforcement, community organizations and the private sector; c. Staff all activities not to exceed a 10:1 ratio for all T-K and K students and 20:1 ratio for Grades 1-8;
d. Provide payroll services for Enrichment Agency employees; e. Operate each program from the end of the school day until 6:00 p.m. or a minimum of 3 hours, whichever is later, every regular school day; f. When agreed upon and coordinated between Enrichment Agency and District, provide a program fo r non-school calendar days ( i.e., weekends, days, vacations);
g. Enrichment Agency may provide serv ices for 30 non-school days for a minimum of 9 hours per day;
h. Provide program assessment results to District for the annual evaluation.

4. Non-School-Day Activities.
a. 30 non-School Days are required by the ELOP Program. b. Program shall be open for a minimum of 9 hours.
c. Transportation shall be provided if program offered off site. d. Field trips and/or any off-site activities shall follow all guidelines of a field trip as outlined in Exhibit A-1.
e. 2025-2026 Non-School-Day Schedules (subject to change) i. Summer: July 1-25, 2025 (pack out on July 28, 2025)
ii. Spring Break: March 30 - April 9, 2026 (No Fridays)

5. Trainings.
61 Exhibit A-1
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a. Enrichm
ent Agency shall ensure each and every staff person, as a prerequisite to and precondition of such staff person providing services to the District, has been trained in the following topics:
i. Mandated reporting
ii. Anti-harassment
iii. Sexual misconduct prevention
iv. Bullying prevention
v. Discrimination prevention
vi. Suicide awareness and reporting
vii. Classroom management
viii. Social and emotional supports
ix. Quality standards for expanded earning
x. Emergency preparedness
All Enrichment Agency staff providing services to the District must take the District’s training courses, which are available through an online training management system, for each of the above topics.

For avoidance of doubt, no Enrichment Agency staff person (including volunteers) shall provide any services to the District unle ss and until such staff person has been trained in the foregoing topics.
b. Additionally, Enrichment Agency shall ensure that each and every staff person, as a prerequisite to and precondition of such staff person providing services to the District, has been certified in:
i. First aid, AED and CPR, includi ng epinephrine administration, equivalent to American Red Cross
For avoidance of doubt, no Enrichment Agency staff person shall provide any services to the District unless and until such staff person has been certified in first aid, AED and CPR.
c. Enrichment Agency shall ensure that all staff attend:
i. Four (4) all staff trainings on the following dates (which are subject to change): August 7 & 8, 2025; October 13, 2025; January 9, 2026. ii. Quarterly professional development provided by District, Lead Agency, and Enrichment Agency on the topics such as team building, emergency procedures, p ositive behavior in tervention support, English learner strategies, social and emotional awareness and learning, school safety, Common Core State Standards, grade 62 Exhibit A-1
page 9
level pedagogy, communication skills and other topics to align the after-school program with the regular day throughout the course of the academic school year.
iii. Site team meetings 1 hour every two weeks.

6. Curriculum and Activity Design.
a. The Enrichment Agency is responsible for developing all its enrichment activities, including curriculum, consumable and non-consumable material, and timelines, all in alignment with District goals, priorities, and applicable grant requirements. The Enrichment Agency must send its syllabi to the District in advance on a monthly basis.
b. When agreed upon in writing in advan ce, the District may provide the Enrichment Agency with curriculum training that meets the needs of the District.

PART III: HUMAN RESOURCES (HR)/RISK MANAGEMENT
The Lead Agency and each Enrichment Agency must com
ply with the following risk management
requirements.

A. Provide background clearance through the police department and TB clearance pursuant to Education Code sections 8483.4, 8484.75 and 49406(a) and provide monthly reports of all employees who have received clearance for employment.

B. Provide a copy of insurance documents, which verify coverage for District.

C. Clear outside contractors and events through the District HR Department. This shall occur at least 30 days prior to service or event.

D. Clear all activities and enrich ment courses, including flyers and advertisements, through District Risk Management Department and District Administration to ensure proper safety procedures are in place according to District timelines. This shall occur at least 30 days prior to service or event.

E. Clear all fundraisers through District Risk Management Department and District Administration to ensure compliance with Board Policies. This shall occur at least 30 days prior to service or event.

F. Participate in school-wide emergency drills and learn the protectiv e procedures at each school site.

PART IV: MISCELLANEOUS SERVICE PROVIDER RESPONSIBILITIES The Lead Agency and each Enrichm
ent Agency must comply with the following responsibilities:

A. Report attendance and activities weekly by We dnesday of each week for the previous week.

B. Work with District to establish and maintain partnerships with community agencies. 63 Exhibit A-1
page 10
C. Provide student learning and enrichment materials above and beyond materials already purchased by District.

D. Participate in collaboration activities with other participating organizations.

E. Vacate learning areas within each school in th e same or better conditions as they were found.

F. Include the Common Core State Standards and strategies for English Learners and Special Education students in lessons.

G. Include feedback from the after-school admini strator and site principal when evaluating employees.

H. Meet weekly with District administrator.

I. Provide documentation of matching funds.

J. Operate the Program in accordance with the conditions set forth in this Exhibit A-0, Exhibit A-1, and Exhibit A-3.

K. Operate the Program in accordance with the conditions set forth in Exhibit A-2, if applicable.

L. Report any unsafe physical conditions of the facilities or grounds in the after-school activity areas to the District program administration immediately.

M. Comply with all applicable District Board of Trustee policies, including, but not limited to, the District’s policies regarding tobacco-free schools, firearms on school grounds, drug and alcohol-free workplace, and dress and grooming.

PART V: DISTRICT RESPONSIBILITIES
The District agrees to:

A. Provide con
sistent, adequate, and safe space for after school groups and activities after school each day in the schools with Core Grants (including classrooms, cafeteria, restrooms, and playground);
B. Provide a District administrator to coordinate and collaborate with the Lead Agency’s and Enrichment Agency’s program coordinator;
C. Provide a staff member to help create an academic link between the after-school program and the regular school day—reporting language arts and math assessment results to the after-school program and repor ting the after-school results to the regular classroom teachers;
D. Provide professional development to aid in the aligning the after-school program with the regular school day (math, lite racy, arts/special enrichme nt, and physical fitness and nutrition);
E. Provide consistent access to campus classrooms and necessary facilities; F. Provide daily nutritional snack and/or meal through the federal free and reduced lunch program;
G. Provide daily custodial services;
H. Submit required attendance, fiscal and evaluation reports to the State of California; I. Provide office space/station with access to phone, computer, printer, and internet access; J. Provide Access to Q to mark attendance;
64 Exhibit A-1
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K. Notwithstanding Lead Agency’s and Enrichment Agency’s obligations contained in Exhibit A-3, administer medication to students participating in Program in compliance with federal and California law;
L. Perform those actions set forth in Exhibit A-3.

PART VI: TANGIBLE WORK PRODUCTS
As part of
the Services, Lead Agency and En richment Agency will prepare and deliver the following tangible work products to District:

A. Certificates of insurance and additional insured endorsements for 2024-2025, as described in Exhibit C, or a letter evidencing particip ation in an alternative risk management program, including participation with other public agencies in mutual, cooperative, or risk management programs available through joint exer cise of powers agencies, to the extent that such alternative risk management progr am affords reasonable coverage for the risks contemplated hereunder giving consideratio n to similar programs or plans adopted by public entities in the State of California;
B. Evidence that employees meet the qualifications of a paraeducator as defined by District; C. Monthly employee list certifying all employees have cleared TB and fingerprint screenings and complied with all training requirements;
D. Weekly attendance and activity reports;
E. Food Service Reimbursable Snack Logs and Q Meal Summary electronic report which meet the requirements of the federal free and reduced lunch program; F. Evidence that Lead Agency and Enrichme nt Agency employees and volunteers have complied with the professional development a nd training requirement s required by this Agreement.

G. Copies of all enrollment forms for each student participating in the Program.

PART VIII: PERSONNEL
Lead Agency and Enrichm
ent Agency shall provide a staff roster prior to the commencement of Services and anytime that there is an update in staff.

PART IX: SUBCONTRACTORS
Lead Agency and Enric
hment Agency will utilize the following subcontractors to accomplish the Services (check one):

None.

See attached list.

PART X: AMENDMENTS
65 Exhibit A-1
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The Scope of Services, including services, work product, and personnel, are subject to change by mutual agreement. In the absen ce of mutual agreement regarding the need to change any aspects of performance, Lead Agency and Enrichment Agency shall comply with the Scope of Services as indicated above.
66 Exhibit A-1
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EXHIBIT A-1
For the purposes of this Exhibit A-1, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the below obligations shall apply and pertain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract. Service Provider agrees to operate the after- school program (the “Program”) in accordance with the following general provisions:

1. Field Trips. Service Provider may offer Program field trips, provided that Service Provider obtains advance authorization fr om District, obtains advance written parent/guardian authorization, and complies with tran sportation policies approved by District. Service Provider shall use th e District’s then-current permission, release, and waiver forms. The District’s presently existing forms are included as Attachment A. All field trip transporta tion requires advance authorization by the District.

2. Parent/Guardian Visits: To the extent allowed by applicable law, Service Provider shall provide for reasonable parent/guardian access to District facilities being used by Service Provider during the Program. Service Provider shall ensure that parent/guardian visits are in accordance with any applicable court orders.

3. Late Pick Up Policy: Service Provider shall develop a reasonable late pick-up policy. The policy must be in writing and approved in advance by District. If Service Provider fails to provide a late pick-up policy, the following policy shall apply. If a student has not been picked up by an authorized adult within ten (10) minutes after the Program closing time, Service Provider’s staff shall call the emergency contacts for that student. If Service Provider’s staff person has not been able to reach the student’s authorized adult within twenty (20) minutes past closing time, Service Provider shall contact the Pr ogram director, the police, and social services for assistance. Service Provi der is fully responsible for properly implementing the policy. Irrespective of whether Service Provider develops and implements an approved late pick-up polic y or adopts the polic y set forth herein, Service Provider warrants that at least tw o (2) staff persons will remain present at closing time to supervise the students until the last child is in the custody of an authorized adult, or, if n ecessary, the police and social services. For avoidance of doubt, (a) the Lead Agency shall maintain primary responsibility for compliance with the late pick up policy, (b) a Lead Agency staff person shall remain on-site to comply with the late pick up policy, a nd (c) the Lead Agency may require an Enrichment Agency staff person to remain on site as the second staff person.

4. Reportable Incidents:
a. Service Provider shall immediately notify the D
istrict by telephone of any
heath- or safety-related issues, includi ng, but not limited to, the death of a child from any cause; any injury to a child th at requires medical treatment; any unusual 67 Exhibit A-1
page 14
incident or child absence that threatens the physical or emotional health or safety of a child; any suspected child abuse or neglect; epidemic outbreaks, poisonings; fires or explosions that occur in or on th e premises; exposure to toxic substances; an arrest of the Service Provider’s em ployee; any issues involving criminal background clearances for employees; an y building safety i ssues. The Service Provider shall provide a written report of the incident to the District within 24 hours of the event.
b. If Service Provider becomes aware of circumstances indicating the actuality or possibility of mandated reporting (including but not limited to, allegations of physical, emotional, or sexual abuse, or allegations of neglect), involving any student in the Program, then Service Pr ovider shall comply with all mandated reporting requirements under California law. Service Provider shall inform District immediately by telephone and shall also provide a written report of the circumstances to District within twenty -four (24) hours of becoming aware of the circumstances. Service Provider assures District that all Service Provider staff members, including volunteers, are familiar with child and dependent adult abuse reporting obligations and procedures under California law.

5. Disasters/Emergencies:
a. Service Provider shall develop a reasonable disaster/em ergency policy. The
policy must be in writing and approved in advance by District. If Service Provider fails to provide a reas onable disaster/emergency policy, the District’s emergency/disaster policy shall apply. Se rvice Provider is fully responsible for properly implementing the policy, including but not limited to ensuring that all staff members at each site are appropriately trained in the policy, maintaining at least two (2) staff members at each site who ar e CPR trained, and confirming that staff members are properly instructed to access disaster preparedness kits. b. Additionally, Service Provider acknowledges, understands, and agrees that in the event of any natural, manmade, or war-caused disast er or emergency, District’s employees are declared “dis aster service workers” tasked with performing such disaster serv ice activities as may be assigned to them by their superiors or by law. Further, Servic e Provider acknowledg es, understands, and agrees that any such disaster or emergency occurs during the Program, the Service Provider’s on-site staff shall be required to remain on the premises to assist District employees and any other disaster service workers in the protection of lives and property until such time that the Service Pr ovider’s staff is relieved from duty by the District or replaced by another Service Provider staff person.

6. Unauthorized Persons: In the event that Service Provider’s staff discovers that any unauthorized person (including but not limite d to minors who are not enrolled in the Program and not otherwis e entitled to be on Distri ct property; unauthorized adults, including parents who are forbidden by court order from accessing students; 68 Exhibit A-1
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and any other trespassers) is on District’s property during the operation of the Program, Service Provider’s staff shall take immediate action to ensure the safety of all Program students, including, as necessary, seeking assistance from local authorities. Service Provider’s staff shall immediately notify program management at District of the incident and provide a written report of the incident to District within twenty-four (24) hours.

7. District Facilities and Equipment: Service Provider’s use of District facilities and equipment shall be limited to those uses reasonably necessary for the operation of the Program. Service Provider shall use Di strict’s facilities and equipment with care, leaving each space clean and organi zed at the end of each Program day.

Service Provider shall not permit any thir d parties not affiliated with the Program to use District’s facilities and equipment. Service Provider shall, at its own cost and expense, replace or re pair any District facilitie s or equipment damaged by Program staff or participants, or third parties that Service Provider permitted to use the facilities or equipment. Service Provider shall not make or allow any alterations, installations, additions, maintenance, or improvements in or to District facilities without District’s prior written consent, which may be withheld in District’s sole discretion. If District approves a request, Service Provider may perform the work at its sole cost and expense and the improvement, maintenance or other agreed-upon servic e on District property shall immediately become the property of District.
69 Exhibit A-2
page 1
EXHIBIT A-2
SPORTS – HEALTH AND SAFETY
For the purposes of this Exhibit A-2, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the below obligations shall apply and pertain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract. Service Provider agrees to opera te any and all sports within the Program in accordance with the following provisions.

1. General Requirements for Service Provider’s Program Coaches. a. Satisfaction of Program staff requirements. Service Provider agrees that its coaches, paid and unpaid, shall satisfy the require ments for all Program staff, including, but not limited to, requirements pertaining to empl oyee qualifications, expe rience, and background checks.
b. Additional requirements. Service Provider further agrees that, prior to coaching a Program sport, its coaches shall have training that includes development of coaching philosophies consistent with District goals ; basic knowledge of sport psychology, pedagogy, physiology, and management; training in CPR, AED, and first aid; and general information about statewide rules and regulations re garding, at minimum, eligibilit y, equity, and discrimination.

Moreover, as set forth in more detail below, Serv ice Provider’s coaches shall receive training in specific health and safety issues, including, but not limited to, concussion, sudden cardiac arrest, heat illness, methicillin-resistant staph aure us, performance enhancement drugs, and event emergencies. Service Provider shall have satisfied these requirements if Service Provider provides its coaches with the information provided in the exhibits to this Agreement and any additional information provided by District to Service Provider.

2. General Requirements for Student Eligibility in Program Sports. a. Medical clearance. Service Provider shall ensure that, prior to trying out for, practicing for, and participating in a Program sport, every student obtains a medical clearance from a health care provider (i.e., a medical doctor [MD], doctor of osteopathy [DO], nurse practitioner [NP] or physician assistant [PA]) who is fully li censed in the State of California. The medical clearance shall be pursuant to a physical exam w ith medical history, which includes, but is not limited to, review of any previous heat illness, cardiac disease, sickle cell trait, medication and supplement use, and type of trai ning activities. Service Provid er may provide students with or otherwise require students to utilize the Pr eparticipation Physical Evaluation form and accompanying Clearance form, prepared by the California Interscholastic Federation (“CIF”), and attached hereto as Exhibit A-2(i) (or any upda ted forms). Within 48 hours of collecting any medical clearance, Service Provider shall provide such medical clearance form(s) to District. For avoidance of doubt, Service Provider shall not be responsible for the accuracy, sufficiency, or completeness of any medical clearance document(s) re quired by District pursuant to this section.

However, Service Provider shall ensure that such medical clearance forms are completed by health care providers who designate themselves as an MD, DO, NP, or PA. 70 Exhibit A-2
page 2
b. Adherence to reco
mmendations. Service Provider agrees to require its coaches to review and abide by any and all medical re strictions and recomme ndations listed in each student’s medical clearance form. Service Pr ovider acknowledges that a student’s medical clearance may be rescinded or altered by the health care provide r due to changed conditions, in which event Service Provider agrees to be bound by the revised restrictions or recommendations. c. Current illness or injury. For the health and safety of all Program participants, Service Provider shall permit any student who is reasonably known or observed to have an active febrile or gastrointestinal illness to participat e in Program sports until such time the affected student has recovered from the il lness and provided Service Pr ovider with a written medical clearance. Service Provider shall not permit any student who is reasonably known or observed to have an injury (except minor injuries, such as mi nor cuts or abrasions) to participate in Program sports without written medical clearance.
d. Sign In and Sign Out Sheet. Service Provider must provide a sign-in and sign- out sheet for all Program sports activities, includi ng tryouts, practices, and games, that includes, at minimum, the date, student’s name, time of sign-in and time of sign-out, and name of authorized adult who signed out the student. All students and/ or guardians must use the sheet to sign in and out of all Program sports.
e. Off-site Sports Activities. Service Provider may offer off-site sports activities, provided that Service Provider ob tains advance authorization fr om District, obtains advance written parent/guardian authori zation, and complies with transportation policies approved by District. Service Provider shall use its own perm ission, release, and waiver forms, provided that such forms shall provide for a release of claims against District by providing for a release of “any involved municipalities or public entities and their respective agents and employees.”

3. Concussions.

Service Provider agrees to adhere to the following standards regarding concussions and serious head injuries.
a. Coaches – requirements prior to coaching
i. As a prerequisite to coaching any Program sport, Service Provider’s coaches shall receive training on concussions and provide proof of such training to Service Provider. The training can be completed through the free, online course “Concussions in Sports” (or any updated course) which is available through the National Federation of State High School Associations website. As proof of training, Service Provider’s coaches shall download and print their certificate at the completion of the course, and, provide a copy of the certification to Service Provider.
ii. Service Provider’s coaches shall receive concussion training at least once a year.
71 Exhibit A-2
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iii. Service Pro
vider shall retain a copy of all certifications for a period of at least three (3) years, and, upon District’s request, provide a copy to District. b. Students – requirements prior to participation.
i. As a prerequisite to a student beginning practice or competition in any Program sports activity, the student and the stud ent’s parent or guardian shall review and sign a concussion and head injury information sheet. Service Provider shall provide the concussion and head injury information sheet, the form and conten t of which shall be subject to District’s prior approval. Service Provider may use the “Concussion Information Sheet” prepared by CIF, which is attached hereto in English and Spanish as E xhibits A-2(ii) and A-2(iii), respectively (or any updated forms).
ii. Students and student pare nts/guardians shall comp lete a new concussion and head injury information sheet each year.
iii. Service Provider shall make two (2 ) copies of each signed concussion information sheet. Service Provider shall return the first copy to the student’s parent or guardian.

Service Provider shall retain the second copy for a period of at least three (3) years, and, upon District’s request, provide the copies to District.
c. Coaches – requirements if student may have sustained concussion. i. Service Provider shall immediately re move from competition, whether in practice or a game, any student wh o is suspected of sustaining a concussion or head injury, and seek emergency medical attention for the student.
ii. Service Provider shall follow all other medical procedures in this Agreement, including, but not limited to, contacting the student’s pa rent or guardian, and completing the requisite incident forms.
d. Students – requirements for participation after suspected concussion. i. A student who has been removed from play due to a suspected concussion or head injury may not participate in any Program sports until the student has (A) been evaluated by a health care provider who is fully licensed in the State of California and trained in the evaluation and management of concussions, and (B) received written medical clearance to return to play from that health care provider. Service Provider may re quest that students use the Acute Concussion Evaluation form, attached hereto as Exhibit A-2(iv). ii. In no event shall a student return to practice or competition in a Program sport on the same day that the student was suspected of sustaining or having a concussion or other head injury.
72 Exhibit A-2
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iii. Subsequent to the student’s suspected head injury, Service Provider agrees to enforce the health care provider’s recommenda tions and restrictions regarding the student’s participation in Program activities, and to continue to monitor the student for any further signs or symptoms of a concussion or other head injury.
iv. Service Provider agrees to maintain copies of any written medical clearances pertaining to a suspected concussion or other head injury for a period of at least three (3) years, and, upon District’s request, provide the copies to District.

4. Sudden Cardiac Arrest (“SCA”).

Service Provider agrees to adhere to the following standards regarding SCA, which is the sudden and unexpected loss of heart function and among the leading causes of death for student athletes.
a. Coaches – requirements prior to coaching
i. As a prerequisite to coaching any Program sport, Service Provider’s coaches shall receive training on SCA and provide proof of such training to Service Provider. The training can be completed through the free, online course “Cardiac Wise” (or any updated course), which is available through the CIF website. As proof of training, Service Provider’s coaches shall download and print their certificat e at the completion of the course, and, pr ovide a copy of the certification to Service Provider.
ii. Service Provider’s coaches shall receive SCA training at least once a year. iii. Service Provider shall retain a copy of all certifications for a period of at least three (3) years, and, upon District’s request, provide the copies to District. b. Students – requirements prior to participation.
i. As a prerequisite to a student beginning practice or competition in any Program sport, the student and th e student’s parent or guardian shall review and sign an SCA information sheet. Service Provider shall provide the SCA information sheet, the form and content of which shall be subject to District’s prio r approval. Service Provider may use the SCA information sheet “Keep Their Heart in the Game – a sudden cardiac arrest information sheet for athletes and parents/guardians” prepared by CIF, a sample of which is attached as Exhibit A-2(v) (or any updated form).
ii. Students and student pare nts/guardians shall comp lete a new concussion and head injury information sheet each year.
iii. Service Provider shall make two (2 ) copies of each signed information sheet. Service Provider sh all return the first copy to the st udent’s parent or guardian. Service 73 Exhibit A-2
page 5
Provider shall retain the second c opy for a period of at least three (3) years, and, upon District’s request, provide the copies to District.
c. Coaches – requirements if student faints.
i. Service Provider shall immediately re move from competition, whether in practice or a game, any student who exhibits fainting, which is the main warning sign of a potential heart condition. Service Provider shall then seek emergency medical attention for the student. ii. Service Provider shall follow all other medical procedures in this Agreement, including, but not limited to, contacting the student’s pa rent or guardian, and completing the requisite incident forms.
d. Students – requirements for participation after suspected SCA event. i. A student who has been removed from play due to a suspected SCA event may not participate in any Program sports until the student has (A) been evaluated by a health care provider who is fully licensed in the State of California and trained in the evaluation and management of SCA, and (B) received written clear ance to return to play from that health care provider.
ii. In no event shall a student return to practice or competition on the same day that the student was suspected of having an SCA event.
iii. Service Provider agrees to enforce the health care provider’s recommendations and restrictions regarding the student’s participation in Program activities, and to continue to monitor the student for any further signs or symptoms of SCA. iv. Service Provider agrees to maintain copies of any written medical clearances, and, upon District’s request, provide the copies to District.

5. Heat Illness.

Service Provider agrees to adhere to the following standards regarding heat illness. a. Coaches – education about heat illness prevention. Service Provider agrees to require its coaches to obtain training about the pr evention of heat illness in students participating in athletics at least once a year. The training may be completed through the free, online course “A Guide to Heat Acclimatization and Heat Illness Prevention” (or any updated course), which is available through the CIF website.
b. Preventative measures. Service Provider’s coaches shall endeavor to decrease the likelihood of Program students suffe ring heat illness by taking prev entative measures, including, but not limited to:
74 Exhibit A-2
page 6
i. educating students participat ing in Program sports to arrive at practice or competition well-hydrated;
ii. instructing students to stay hydrated in between practices; iii. educating students to avoid dr inks which dehydrate the body ( e.g., drinks containing stimulants such as ephedrine or high amounts of caffeine); iv. providing water or sports drinks to students during practice and competition, and providing students with water breaks at least every thirty (30) to forty-five (45) minutes;
v. allowing adequate rest breaks in the shade, and allowing students to remove unnecessary equipment during rest breaks;
vi. if applicable, gradually increasing the intensity a nd duration of exercise over a seven (7) to fourteen (14) day period in order to give students time to acclimate to practicing in the heat; and
vii. if applicable, introducing protective equipment in phases in order to give students time to acclimate (e.g., start with helmet, progress to helmet and shoulder pads, and finally progress to full uniform).

6. Methicillin-Resistant Staph Aureus (MRSA).

Service Provider agrees to adhere to the fo llowing standards regarding MRSA (a type of staph infection that is resistant to many common an tibiotics, and which, if left untreated, can be serious or deadly).
a. Coaches – education about MRSA. Service Provider shall take reasonable steps to ensure that its coaches are aware of the wa rning signs, risks, and tr eatment of MRSA. At minimum, Service Provider shall provide its coaches with a copy of the Sports Medicine Alert for Coaches about MRSA, prepared by CIF, and attached hereto as Exhibit A-2(vi), or any updated alert or information sheet.
b. Coaches – preventative measures. Service Provider shall require its coaches to adopt precautionary measures to decrease the risk of spreading MRSA, including, but not limited to, recommending that students shower with soap (at home or otherwise) as soon as possible after practices and competitions; instructing students not to share equipment, clothing, towels, or personal grooming items; recommending that student s wash their uniforms or sportswear after each use; requiring students to cover all wounds, cuts, and abrasi ons, especially during practice and competition; and ensuring that all Program sports equipment surfaces (e.g., benches, mats) are cleaned and disinfected on a daily basis, using supplies provided by District. 75 Exhibit A-2
page 7
c. Coaches – duty to inform stude nts and parents/guardians. Service Provider shall take reasonable steps to inform students participating in Program sports and their parents or guardians about the risks of MRSA, including, but not limited to, providing the students and their parents or guardians with the Sports Medicine Alert for Students, Parents and Guardians about MRSA, prepared by CIF, and attached hereto as Exhibit A-2(vii), or any updated alert or information sheet at least once a year.

7. Performance Enhancement Drugs.

Service Provider agrees to adhere to th e following standards re garding performance enhancement drugs.
a. Service Provider development and implementation of policy. Service Provider shall adopt a policy prohibiting the use and abuse of steroids or other performance enhancement drugs, which policy is subject to District approv al. Service Provider may adopt District’s policy or use the Steroids Policy Form prepared by CIF and attached hereto as Exhibit A-2(viii) (or any updated form) as a reference in developing its own policy, the form and content of which shall be subject to District’s prior approval.
b. Student and parent/guardian agreement about policy. The policy shall require that all students participating in Program sports and their parents or guardians to agree in writing that the student will not use performance enhancement drugs except with the written prescription of a licensed physician in order to treat a medical condition. c. Annual update. Students and student parents/gua rdians shall complete a new performance enhancement drug agreement each year. Service Provider agrees to train its coaches on its District-approved performance enhancement drug policy at least once a year. d. Copies of agreement. Service Provider shall make two (2) copies of each agreement about the drug enhancement policy. Serv ice Provider shall return the first copy to the student’s parent or guardian. Service Provider shall retain the second copy for a period of at least three (3) years, and, upon District’s request, provide the copies to District. e. Applicability. At District’s discretion, the requir ements of this section, or any portion thereof, may be made applicable only to District’s intermediate students (and thereby exempt in whole or part District’s elementary students). 76 Exhibit A-2
page 8

8. Event Emergency Guidelines.
a. Adoption of policy. Service Provider shall adopt an event emergency guideline protocol for all sporting events. The protocol shall be subject to District approval, which shall not be unreasonably withheld. Service Provider may adopt District’s event emergency protocol or use the Event Emergency Guidelines prepared by CIF a nd attached hereto as Exhibit A-2(ix) (or any updated guidelines) as a reference in developing its own guidelines for District approval. The event emergency guideline protocol shall address, at minimum, and include protocols regarding specific threats, including, but not limited to, injuri es, medical emergencies, fire, earthquake, severe weather, active shooters, other weapons, suspicious behavior, personnel harassment, missing child, abduction, controlled substances, assaults, and bomb threats. b. Training regarding policy. Prior to implementing any Program sports activities, Service Provider must take reasonable steps to ensure that its coaches are informed about and well- versed in the District-approved event emergency policy. c. Biennial review. If the Program is a multi-year program, Service Provider and District shall review and update the policy at least every two (2) years. 77 Exhibit A-3
page 1
EXHIBIT A-3

ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS AND PROVISION OF

EMERGENCY ASSISTANCE
For the purposes of this Exhibit A-3, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the below obligations shall apply and pertain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract. Service Provider and District agree to operate the Program in accordance with the following requirements. Service Provider sha ll not administer any me dication not explicitly set forth herein.

1. Requirements for Administration of Epinephrine (Epi-pen). a. Obligation to Administer Epinephrine; Authorized Individuals.

Pursuant to Education Code section 49414, Dist rict shall provide emergency epinephrine and auto-injectors to school nur ses or trained personnel who have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction ( i.e., potentially life-threatening hypersensi tivity to a substance). Service Provider shall designate those employees and/or volunteers that have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction and provide District with a list of those individuals prior to the provision of any Services under this Agreement. Service Provider shall at all time s maintain a designated employee and/or volunteer at all Program sites. Service Provider shall only allow its employees and/or volunteers who have received proper tr aining as set forth belo w to administer an epinephrine auto-injector to a person suffering, or reasonably believed to be suffering, from an anaphylactic reaction if a District nurse is not onsite and when a physician is not immediately available. Any employee and/or volunteer of Se rvice Provider that administers an epinephrine auto-injector to a person sufferi ng, or reasonably believed to be suffering, from an anaphylactic reaction shall initiate emergency medical servi ces or other appropriate medical follow up in accordance with the training materials that District retains onsite. b. Training of Voluntary Service Provider Employees and Volunteers.

District shall provide all designated Service Provider em ployees and/or volunteers epinephrine training. All epinephrine training must be provided by a licensed physician or nurse and in compliance with the CDE’s Training Standards for the Administration of Epinephrine Auto- Injectors, available online at http://www.cde.ca.gov/ls/he/hn/epiadmin.asp. The training shall cover at a minimum the information listed in the CDE’s Training Standards for the Administration of Epinephrine Auto-Injectors , which includes (a) techniques for recognizing symptoms of anaphylaxis, (b) standards and procedures for the storage and emergency use of epinephrine auto- injectors, (c) emergency follow-up procedur es, including calling 911 phone number and contacting, if possible, the student’s parent/guardian and physician, and (d) instruction and certification in cardiopulmonary resuscitation. Dist rict warrants that it w ill prov ide training that
complies with CDE guidelines and requirements. In the event of a conflict between the training 78 Exhibit A-3
page 2
requirements set forth herein and in the CDE tr aining standards, the requirements in the CDE training standards shall control. District shall retain all training materials at Program sites.

2. Epinephrine Prescriptions.

For each school site, District shall obtain fr om an authorizing physician and surgeon an epinephrine auto-injectors prescription that, at a minimum, includes for elementary schools, one regular epinephrine auto-injector and one junior epinephrine au to-injector, and for junior high schools and middle schools, if there are no pupils w ho require a junior epinephrine auto-injector, one regular epinephrine auto-injec tor. District shall be respon sible for stocking the epinephrine auto-injector, restocking it if it is used and providing access to those employees and/or volunteers of Service Provider that have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an anaphylactic reaction. Service Provider shall promptly notify District no more than forty-ei ght (48) hours after an y administration of an epinephrine auto-injector.

3. Requirements for the Provision of Emergency Assistance.

Service Provider shall at all times maintain an employee and/or volunteer at all Program sites to provide emergency assistance to any Pr ogram participant who is injured or suddenly becomes ill. Service Provider shall provide the necessary training in cardiopulmonary resuscitation (CPR), automated external defibrilla tor (AED) and first aid to its employees and/or volunteers who have volunteered to provide emergency assistan ce. Service Provider shall designate those employees and/or volunteers that have volunteered to provide emergency assistance and provide District with a list of those individuals prior to the provision of any Services under this Agreement. Service Provider shall only allow its em ployees and/or volunteers who have received proper certificat ion to provide emergency assist ance. For purposes of this Agreement, “emergency assistance” shall include the provision of CPR in the event of cardiac arrest; use of an AED to analyze a person’s heart rhythm and deliver an electrical shock to restore heartbeat; and the provision of other forms of first aid to respond to common first aid emergencies, including burns, cuts, and head, neck and back injuries. Any employee and/or volunteer of Service Provider that provides emergency assistance shall initiate emerge ncy medical services or other appropriate medical follow up in accordance with their training.

4. Copies of Documents.

Service Provider shall maintain a copy of all health care documents and provide a copy of same to District.
79 Not Project Related
Project #
Exhibit B

Page 1 ends

EXHIBIT B

COMPENSATION
For purposes of this Exhibit B, Lead Agency and Enrichment Agency are referred to as “Service Provider,” and the belo w obligations shall apply and pe rtain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract.

I. The total compensation for Primary Services, including reimbursement for actual expenses, shall not exceed the amount set forth in the Agreement.

II. The total compensation for Additional Serv ices, including reimbursement for actual expenses, shall not exceed the amount set forth in the Agreement.

III. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed the amount set forth in the Agreement.

IV. Within the grant amount, District will compensate Service Provider for Services performed upon submission of a valid invoice. Each invoice is to include:

A. Cover sheet with amount of current invoice, and totals subtracted from overall contract;
B. Monthly expenditure reports, including salaries for employees, supplies, trainings, and administrative costs, itemized by school site;
C. Monthly activity reports for each school, including trainings, lesson plans and examples of student work (Digital Format);
D. Certification that all employees, agents and contractors that will have contact with students and for whom a certification has not been previously provided: (1) have been properly fingerprinted, (2) have satisfied TB clearance, (3) are certified in first aid, AED, and CPR (including epinephrine administration), and (4) have been trained in mandated reporting; anti-ha rassment; sexual misconduct prevention; bullying prevention; discrimination preven tion; suicide awareness and reporting; classroom management; social and emo tional supports; quality standards for expanded learning; and emergency preparedness.

E. Line items for:

1. All personnel, describing: the name of each staff person and the site where the staff person worked, the work performed, the days in the program and number of hours worked, and the hourly rate;

2. All supplies properly charged to the Services;

3. All travel properly charged to the Services;

4. All equipment properly charged to the Services;

5. All materials properly charged to the Services;

6. All subcontractor labor, supplies, equipm ent, materials, and travel properly charged to the Services.

F. Calculation of matching funds.
80 Not Project Related
Project #
Exhibit B

Page 2 ends

V. Notwithstanding anything to the contrary in this Exhibit or the Contract, equipment, supplies or other materials whose current market value exceeds $500 per item must be purchased through the District and will remain an asset of the District in accordance with Education Code section 35168.

END OF EXHIBIT B
81 EXHIBIT C

INSURANCE
For purposes of this Exhibit C, Lead Agency and Enrichm ent Agency are referred to as
“Service Provider,” and the belo w obligations shall apply and pe rtain individually to each and every Lead Agency and to each and every Enrichme nt Agency providing services to the District under the Contract.

I. Insurance Requirements. Service Provider shall, at its sole cost and expense, provide and maintain insurance, acceptable to District, in full force and effect throughout the term of the Contract, against claims for injury to persons or damages to property which may arise from or in connection with the performance of work hereunder by Service Provider, its agents, representatives or employees. Service Provider and any and all subcontractors and vendors hired by Service Provider in connection with the Services described in the Contract shall provide the following scope and limits of insurance:

A. Scope and Limits of Insurance:

1. Comm
ercial General Liability Insurance coverage in the amounts of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in aggregate.

Commercial General Liability insurance shall include products/completed operations, property damage, and personal and advertising injury coverage.

2. Automobile Liability Insurance, including owned, non-owned, and hired automobiles, as applicable, with coverage limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

If Provider transports students or contracts to tran sport students, Automobile Liability Insurance shall be in the amount of Twenty Million Dollars ($20,000,000) per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance, as required by California law, on all of its employees engaged in work related to the performance of this Agreement. Provider shall procure and maintain Employers’ Liability insurance coverage of $1,000,000 per accident or disease.

4. Professional Liability/Errors and Omi ssions Insurance in an amounts of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in aggregate.

5. Coverage for Abuse and Molestati on or Child Sexual Assault in the amounts of Two Million Dollars ( $2,000,000) per occurrence and Four Million Dollars ($4,000,000) in aggregate.
82 6. If the Contract is renew
ed beyond the in itial term, then th e District shall
have the right to increase the foregoing minimum insurance amounts as set forth in the amendment to the Contr act that extends the term; provided, however, that the Service Provider shall not be obligated to renew the term.

II. Other Provisions. Insurance policies required by the Contract shall contain the following provisions:

A. All Policies. Each insurance policy required by the Contract shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to the Contract, or reduced in coverage o
r in limits except after 30 days’ prior
written notice by certified mail, return re ceipt requested, has been given to the District.

B. Service Provider’s and any and all subcont ractors’ insurance is primary and will not seek contribution from any other insura nce available to the District. Service Provider further hereby waives any and al l rights of subrogati on that it may have against the District. Any insurance or self-insurance maintained by the District shall be excess of the Provider’s insurance and shall not contribute with it. This requirement shall also apply to any excess or umbrella liability policies of the Service Provider. Required endorsements are listed below.

C. Service Provider’s and any and all Servic e Provider subcontractor’s Commercial General Liability insurance; Commercial Automobile Insurance; Liability Excess, Umbrella and/or Reinsurance; and Abuse and Molestation coverage shall name the District, its governing board, officers, administrators, managers, agents, employees, and/or volunteers as additional insureds. All endorsements specifying additional insureds or other requirements for any of the Insurance Policies shall be as indicated below or an equivalent endorsement reasonably acceptable to the District:

1. General Liability: CG 20 26 10 01

2. Primary, Non-Contributory: CG 20 01 04 13

3. Waiver of Subrogation: CG 24 04 05 09

4. Automobile Liability: CA 20 48 10 13
D. If any of the required policies provide coverage on a “claims made” basis:

1. The retroactive date must be shown on the certificate and must be before the date of the contract or the beginning of the Services.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Services.

3. If coverage is canceled or non-rene wed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Provider must pu rchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. 83 E. Acceptability of Insurers. Insu
rance is to be placed w ith insurers authorized to
conduct business in the State of California and with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the District.

III. Other Requirements:

A. Service Provider and any and all subcontractor
s working for Service Provider shall
provide certificates of insurance to the LEA as evidence of the insurance coverage required herein, not less than Fifteen (15) days prior to commencing work for the District, and at any other time upon the reque st of the District. Certificates of insurance will be deemed invalid if proper endorsements are not attached.

Certificates of such insurance shall be filed with the District on or before commencement of the services under the Contract.

B. The Provider may use Umbrella or Excess Policies to provide the liability limits as required in the Contract. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, additional insured endorsements, primary and non-contributo ry, additional insured, deductibles, indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintain ed by the District, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Service Provider’s primary and excess liability policies are exhausted.

C. If the Service Provider or Service Provider’s subcontractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

D. Any self-insured retention(s) applicable to the insurance and/or coverage required by the foregoing provisions of the Contract must be declared to and approved by the District. Service Provider shall be responsible to pay that self-insured retention and the District shall not be responsible to pay these costs. In the event that Service Provider’s self-insured retentions collectively total more than $50,000.00, the District reserves the right to request proof of Service Provider’s financial solvency in relation to remittance thereof or require Service Provider to post a bond guaranteeing payment of the deductible, or both.

E. The procuring of any required policy or policies of insurance shall not be construed to limit Service Provider’s or subcontractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of the Contract. 84 F. Failure on the part of the Service Provider, or any of its subcontractors, to procure or m
aintain required insurance shall constitute a material breach of contract under which the District may immediately terminate the Contract.

END OF EXHIBIT C
85 Not Project Related
Project #
Exhibit D

Page 1 ends

EXHIBIT D

CONFLICT OF INTEREST CHECK
District Board Bylaw 9270 require s that the Superintendent or a designee make a determination, on a case-by-case basis, whether disclosure will be required from an inde pendent contractor to comply with the District’s Conflict of Interest Code.

Independent contractors are required to file di sclosures when, pursuant to a contract with the District, the independent contract or will make certain specifie d government decisions or will perform the same or substantially the same duties for the District as a staff person would.

The services to be performed by Service Provider under the Agreement to which this Exhibit D is attached [] constitute [X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code. Therefore, the Service Provider who will provide Services under the Agreement, [] is [X] is not subject to disclosure obligations.

D a t e :

B
y :

Lisa Franz, Director of Purchasing
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Agreement with the Oxnard School
District for the Operations of the After
School Education and Safety Grant
Community Services Committee – May 13, 2025
City Council – May 20, 2025
By: Danaly Perez, Recreation Supervisor
120
Overview
• Serving over 2,200 Oxnard
students
• Employing 100 individuals
between the ages 18-25
2 • Over 100 Hours of Ongoing Professional Staff Development Training provided by School Districts
• Hours of Operation 1:30 p.m. - 6:00 p.m.
• Over 1,000 Volunteer Hours
• Through special events and programs the afterschool program comes in contact with 1,500-2,000 parents and other family members.
121
Educational and Literacy Element
• Homework Assistance
• English Language
Development
• Math Fluency
• Reading Fluency/High
Frequency Words
3 122
Enrichment
Opportunities
• Visual and Performing Arts
• Music
• Physical Activity/Recreation
• Health/Nutrition
• T echnology
• Science
4 123
Enrichment Opportunities: Highlights
• In partnership with the City’s
Water Division, after school
program students had the
opportunity to participate in the
Water Wise Art Contest.
5 • The Cultural Arts Academy was
introduced at 7 school sites offering
art programming to 140 6th-8th
grade students.
124
Community Outreach and Service Learning
• Downtown Christmas Parade
• Cultivating Scholars (Parent Nights)
• Cultural Arts Academy
• Meet-Up Clean-Up
• Rockin’ 2 Sports
• Fun Fest
• Insect Festival
• Recreation Y outh Sports Leagues
6 125
Funding
In 2002 California voters passed
Proposition 49 which funds the
After School Education and Safety
(ASES) Grant
● State of California grants funds to school districts that collaborate with community partners to provide safe and educationally enriching alternatives for children and youths during nonschool hours. ● School districts, as grantees are responsible for creating, reviewing, and updating the program plan every three years as well as tracking its outcomes.
● After School Education & Safety (ASES) Grant
○ Through this partnership we receive a contract valued at $4,470,000

7 126

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a one-year agreement (A-8586) with the Oxnard School District (OSD) for the City to receive an amount not to exceed $4,470,000 to operate the After-School Education and Safety Program with a City match of $130,000 of in-kind services.
8 127

END OF PRESENTATION
128

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: May 20, 2025

TO: City Council

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Hueneme After School Education Safety Agreement.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute the Partnership Agreement (A-8589) and Memorandum of Understanding (A-8590) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount of $7,408,328 to provide services under the California After School Education and Safety (ASES) program at ten (10) HESD schools during FY 25-26, FY 26-27 and FY 27-28.

(As of the posting of this agenda, there was not yet an outcome from the Community Services, Public Safety, and Housing & Development Committee.)

BACKGROUND

In November 2002, California voters approved the After School Education and Safety (ASES) Initiative with the passage of Proposition 49. In 2006, the governor signed into law Senate Bill 638, making ASES operational. Decades of research show that afterschool programs help kids learn, grow, and avoid risky behaviors. Afterschool and summer learning programs are locally-designed school and community solutions that provide a safe place for students and provide much needed support for families to balance work with home. According to research conducted by the Afterschool Alliance, afterschool programs serve as an effective means to close the achievement gap, boost school attendance, improve academic performance and regular school attendance, improve classroom engagement, decrease risky behaviors and decrease the likelihood of dropping out of school.

In 2008, a partnership began between the Recreation and Community Services Division, City Corps and Hueneme School District (HESD). Today, the City of Oxnard, City Corps and HESD Hueneme ASES (also known as SHINE) have developed a full partnership by focusing on the strength of each organization – classroom learning by the District, and enrichment learning by the City through City Corps and Recreation. The most notable outcome of this deep schools-city partnership is the effective access by Hueneme ASES/SHINE youth to the many activities that introduce them to the world of work and service. Younger students are introduced to service and its connection to work and the discernment of work likes and dislikes. Since City Corps has staffed the program, there have been numerous City Corps participants who have entered the workforce as credentialed teachers. On a daily basis, the HESD program serves about 2,700 students at ten (10) school sites and provides employment training to approximately 50 individuals between the ages of 18-24.

Additionally, in FY 22-23, through the Expanded Learning Program Opportunities (ELOP) funding, 11 full-time Program Specialists positions were added. Each Program Specialist is assigned to 1 of 10 school sites, with the 11th Program Specialist focused on offering sport enrichment opportunities. ELOP funding has also allowed the addition of a Hueneme ASES/SHINE Program Supervisor.

The program model incorporates the following three (3) elements, which integrates the school’s curriculum, instruction and learning support activities:

1. Educational and Literacy Element: This element provides tutoring and/or homework assistance designed to help 129
students meet state standards in one or more of the following core academic subjects: reading/language arts, mathematics, history and social studies, or science.

2. Educational Enrichment Element: This element offers an array of additional services, programs, and activities that reinforce and complement the school’s academic program. Educational enrichment may include but is not limited to, positive youth development strategies, recreation and prevention activities. Such activities may involve the visual and performing arts, music, physical activity, health/nutrition promotion and general recreation; community service-learning and other youth development activities based on student needs and interest.

3. Homework Center Element: On a daily basis, the program serves over 2,700 students throughout 10 school sites. After eating a nutritious snack, the students participate in Homework Assistance, Math, Arts, Reading and Recreational Sports Programming.

The program has received outstanding reviews by the Ventura County Office of Education (VCOE). This collaboration is often cited as operating one of the best ASES programs in the region.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

If approved, the City's proposed annual budget will include the following amounts for the Hueneme Elementary School District program in the State & Local Grant Fund (210-5511):

FY 25-26 $2,351,425
FY 26-27 $2,465,388
FY 27-28 $2,591,515

The school district requests that the City assist with the grant funding match portion by providing $54,000 of in-kind services per fiscal year. This annual requested match is met through the General Fund (101-5511) by providing office space for the Hueneme ASES/SHINE program, phone, administrative support, staff support for the end of the year “SHINE Fest” and student participation in other various established City Corps / Recreation programs, such as the Young Authors Fair, Meet Up Clean Ups, beach clean-ups, the Oxnard Holiday Parade and other like programs.

COMMITTEE OUTCOME

Prepared by: Julie Estrada, Management Analyst

ATTACHMENTS

1. HESD-SHINE Agreement 2025 - 2028

2. HESD-SHINE MOU City Corps 2025 - 2028

3. HESD ASES Presentation 2025 - 2028

130
Hueneme Elementary School District Agreement for Services SHINE Expanded Learning Day Program This AGREEMENT is approved and entered into as of July 1, 2025 (“Effective Date”)

through

June

30,

2028,

between

the

HUENEME

ELEMENTARY

SCHOOL

DISTRICT

(herein

referred

the

“District”),

public

school

district

duly

operating

under

the

laws

the

state

California,

and

The

CITY

OXNARD

and

the

Recreation

and

Community

Services

City Corps, a service provider (hereinafter referred to as "Provider") for the purpose of providing

specific

services

pursuant

the

SHINE

Program

for

ASES

Grant

eligible

District

schools

and

students.

WHEREAS, the District is authorized by Section 53060 of the California Government

Code

contract

with

and

employ

any

persons

for

the

furnishing

special

services

and

advice

financial,

economic,

accounting,

engineering,

legal

administrative

matters,

such

persons

are

specially

trained

and

experienced

and

competent

perform

the

special

services

required;

WHEREAS, the District is in need of such special services and advice; WHEREAS, the Provider is specially trained and experienced and competent to perform

the

special

services

required

the

District,

and

such

services

are

needed

limited

basis;

WHEREAS, the ASES Program Grant and its Memorandum of Understanding outlines

the

requirements

for

supplemental

services;

WHEREAS, the SHINE Program contains the following requirements:
a. Requires the District to develop, in collaboration and in consultation with partners,

supplemental

services

for

identified

students,

academic,

enrichment,

and

recreational

areas;

b. Contains a description of collaboration and partnerships, and their respective

responsibilities

provide

services;

c. Contains a provision for the termination of the agreement if the Provider or District

wishes

terminate;

d. Contains provisions with respect to making payment to the Provider by the District;

e. Contains provisions outlining staffing, effectiveness, evaluation, and sustainability,

well

other

program

aspects;

131
WHEREAS, Provider is a legally constituted organization and incorporated under

the

laws

California,

and
WHEREAS, Provider is willing to provide services to the District, it's SHINE

Program

schools,

and

its

students.

THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES

CONTAINED

HEREIN,

agreed

between

the

parties

follows:

ASES Grant Agreements
Services will be offered and delivered as stated in the SHINE Program using the ASES Grant

and

the

Memorandum

Understanding

between

HUENEME

ELEMENTARY

SCHOOL

DISTRICT

AND

THE

CITY

OXNARD.

Parents/guardians shall not be charged for any services rendered under the ASES Grant unless

such

services

and

charges

are

clearly

identified

writing

and

agreed

upon

advance

the

District,

the

involved

school

administrator,

and

the

parents/guardians.

event

shall

the

agreed

upon

charges

obligate

the

District

financially, nor shall the District incur any obligation or expense in excess of the state/federal

reimbursement

amount.

1. Parents/Guardianship
For the purpose of the Contract, a parent is the natural or adoptive parent, legal guardian, or

surrogate

parent

appointed

the

District.

2. Student Records
A student record is defined by State and Federal Law, and essentially is any document prepared

retained

Provider

with

individual

student's

name

referenced

therein.

All

student

records

shall

kept

secure

location

preventing

access

unauthorized

individuals.

Provider

will

maintain

access

log

delineating

date,

time,

agency,

and

identity

any

individual

accessing

student

records

that

not

the

direct

employ

the

Provider.

Provider

agrees

provide

access

and

copies

student

records

the

District

and/or

the

parents/guardians

the

District’s

student.

Provider

shall

not

provide

access

forward

any

other

person

other

than

parents/guardians

the

District

any

student

record

without

the

written

consent

the

parent/guardian

the

District.

3. Access by HUENEME ELEMENTARY SCHOOL DISTRICT
Provider shall provide services at the location(s) agreed upon in the Memorandum of Understanding.

The

District’s

representatives

shall

have

access

observe

each

student

work,

observe

the

instructional/enrichment/recreational

setting

and

activities,

interview

Provider,

and

review

each

student's

progress.

132

4. Fingerprints
In accordance with Education Code § 45125.1, Provider shall conduct a criminal background check of its employees and/or subcontractors prior to any student contact and, upon receipt of those checks, certify to the District that no employee and/or subcontractors of Provider working with students of the school district has been convicted of a violent or serious felony as defined by statues. Provider shall supply to the District a list of names of those employees and/or subcontractors who are cleared to work with students of the District. A fingerprint certification will be submitted with monthly invoices and attendance registers.

5. Transportation
The District is not responsible for any transportation costs or for making any transportation arrangements not provided for or agreed to in the Memorandum of Understanding. Provider will not transport any students in private vehicles without complying with the District Governing Board Policy 6153 and have permission of parent/guardian.

6. Accident/Incident Report
Provider agrees to submit a written accident report to the District, within twenty-four (24) hours of an accident or incident when a pupil has suffered an injury, injured another individual, or has been involved in an activity requiring notification of law enforcement or emergency personnel.

7. Child Abuse Reporting
Provider assures to the District that all staff members, including volunteers, are familiar with and agree to adhere to child abuse and/or missing children reporting obligations and procedures under California law, including but not limited to, California Education Code § 49370 and California Penal Code § 11166 et seq. Provider agrees to provide annual training to all its employees regarding mandated reporting of child abuse and missing children. Provider agrees that all staff members will abide by such laws in a timely manner.

Provider shall submit immediately by facsimile, email and mail, within twenty-four (24) hours an incident report to District when it becomes aware of circumstances including, but not limited to: allegations of molestation, child abuse, or missing children under Provider’s supervision.

8. Supplies, Equipment and Facilities
Provider shall be responsible for appropriate supplies, equipment, and facilities as outlined in the Memorandum of Understanding. If Provider desires to use District 133
facilities for activities other than outlined in the Memorandum of Understanding it must make a separate application for use of facilities through the District's Use of Facilities procedures.

9. Continuity of Personnel
Provider shall make every reasonable effort to maintain the stability and continuity of Provider’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. 9a. Provider shall ensure that District has a current list of all personnel and sub-contractors providing Services under this Agreement, which Provider shall update monthly 9b. Provider shall notify District of any changes in Provider’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. The list notice shall include the following information: (1) all full or part-time staff positions by title, including volunteer positions whose direct services are required to provide the Services described herein; (2) a brief description of the functions of each such position and the hours each position works each week or, for part-time positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience required for each position; and (4) the name of the person responsible for fulfilling the terms of this Agreement. 9c. Provider shall maintain a database of prospective employees in order to avoid a gap in filling intended positions.

10. Independent Contractor Status
Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of the District. 10a. The personnel performing the Services under this Agreement on behalf of the Provider shall at all times be under Provider’s exclusive direction and control. The Provider, its agents or employees shall not at any time or in any manner represent that Provider or any of Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of the District. Neither Provider, nor any of Provider’s officers, employees or agents, shall, by virtue of Services rendered under this Agreement, obtain any rights to retirement, health care or any other benefits which may otherwise accrue to the District’s employees. Provider will be responsible for payment of all Provider’s employees’ wages, payroll taxes, employee benefits and any amounts due for federal and state income taxes and Social Security taxes since these taxes will not be withheld from payment under this Agreement. 10b. If Provider becomes aware that any person employed by or volunteering with Provider in connection with the Services has been arrested or convicted of a violent or 134
serious felony listed in Penal Code Section 667.5(c) or 1192.7(c), then Provider must immediately remove said employee or volunteer from the performance of the Services, prevent the employee or volunteer from interacting with District students, and notify the District. The District retains the right to prohibit any such employee from participating in the program or having access to students or the program site. 10c. Provider shall have no authority to bind the District in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against the District, whether by contract or otherwise, unless such authority is expressly conferred in writing by the District, or under this Agreement.

11. Conflict of Interest; Disclosure of Interest:

Provider assures that neither it, nor any of its officers or employees, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of District or which would in any way hinder Provider’s performance of Services under this Agreement. Provider further assures that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the District. 11a. Provider agrees to at all times avoid any actual, potential or the appearance of any conflict of interest on behalf of itself or its employees providing services hereunder, including, but not limited, to employment with the District, including its schools. 11b. This Agreement is subject to Board Policy 9270 governing conflicts of interest. Provider agrees to furnish to District (upon request) a valid copy of the most recently adopted partnership or bylaws of the corporation and a complete and accurate list of the Governing Board of Directors (or Trustees or Partners) and to timely update of said information as changes in governance occur. 11c. Bylaws of the Board 9270 BB and 9270(BB) E, as hereinafter amended or renumbered, require that a Provider that qualifies as a “designated employee” must disclose certain financial interests by filing financial interest disclosures. 11d. Provider agrees to notify the District, in writing, if Provider believes that it is a “designated employee” and should be filing financial interest disclosures, but has not been required to do so by the District.

12. Non-Discrimination
Provider shall abide by the applicable provisions of the United States Civil Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection 135
with or related to the performance of this Agreement.

13. Inspection and Audit
Provider shall provide access to records or reports, or other matter relating to the Agreement, upon request by District. Fiscal records shall be maintained by Provider for seven (7) years and shall be available for audit.

14. Indemnification 14a. Provider’s Indemnity Obligation .

To the fullest extent permitted by California law, Provider shall at its sole expense indemnify, protect, defend and hold harmless District, its officers, agents, employees, elected board members, and volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, nature, and description, including, but not limited to, personal injury (including, but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse, or molestation), death, damage to real property, and damage to personal property, to the extent the liability arises out of or is in any way attributable to the performance of this Agreement by Provider or by any individual or entity for which Provider is legally liable, including but not limited to officers, agents, employees or sub contractors of Provider. The provisions of this indemnification do not apply to any damage or losses caused by the sole negligence or willful misconduct of District, its officials, elected board members, employees, and volunteers, or claims caused by dangerous conditions of District real property which arose out of acts or failure to act by District. Except as specifically provided in this Agreement, in no event shall Provider be liable in contract or tort for any special, consequential, indirect, or incidental damages, including but not limited to lost profits, arising out of or in connection with this Agreement.

Provider agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Provider in the performance of this Agreement. In the event Provider fails to obtain such indemnity obligations from others as required here, Provider agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend District as set forth here is binding on the successors, assigns or heirs of Provider and shall survive the termination of this Agreement. 14b. District’s Indemnity Obligation .

To the fullest extent permitted by California law, District shall indemnify, protect, defend 136
and hold harmless the Provider and any and all of its officials, city council members, employees and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, nature, and description, including, but not limited to, personal injury (including, but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse, or molestation), death, damage to real property, and damage to personal property, to the extent the liability arises out of or is in any way attributable to the performance of this Agreement by District or by any individual or entity for which District is legally liable, including but not limited to officers, agents, employees or sub-contractors of District or that arises out of or is in any way directly attributable to the alleged existence of dangerous conditions on District real property during the operation of the program contemplated hereunder. The provisions of this indemnification do not apply to any damages or losses caused by the sole negligence or willful misconduct of Provider, its officials, elected council members, employees, agents, or program participants. Except as specifically provided in this Agreement, in no event shall District be liable in contract or tort for any special, consequential, indirect, or incidental damages, including but not limited to lost profits, arising out of or in connection with this Agreement. This obligation to indemnify and defend Provider as set forth here is binding on the successors, assigns or heirs of District and shall survive the termination of this Agreement.

15. Insurance Provider shall provide and maintain insurance, in full force and effect throughout the term of this Agreement and any modification thereof, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Provider, its agents, representatives or employees. Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current A.M. Best's rating of no less than A, as rated by the current edition of Best’s Key Rating Guide, published by A.M. Best Company, Oldwick, New Jersey 08858.

Provider shall provide the following scope and limits of insurance: Minimum Scope of Insurance . Coverage shall be at least as broad as: (1) Commercial General Liability coverage of not less than two million dollars ($2,000,000) in the aggregate and one million dollars ($1,000,000) per occurrence. (2) Auto liability insurance with limits of not less than one million dollars ($1,000,000). (3) Insurance coverage should include: 1. owned, non-owned and hired vehicles; 2. blanket contractual; 3. broad form property damage; 4. products/completed operations; and 5. personal injury. (4) Workers' Compensation insurance as required by the laws of the State 137
of California. (5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) Aggregate.

Not later than the effective date of this agreement, Provider shall provide the District with satisfactory evidence of insurance, naming HUENEME ELEMENTARY SCHOOL DISTRICT as additional certificate holder, including a provision for a twenty (20) calendar day written notice to the District before cancellation or material change, evidencing the above-specific coverage. The District reserves the right to revise the requirements of this provision at any time. If the District determines that additional insurance coverage is necessary, the District will reopen negotiations with Provider to modify the terms of this agreement.

16. Monthly Invoices
Provider shall submit to District monthly invoices. Such invoices shall be submitted within thirty (30) days of the rendering of services. District shall process payments to Provider within forty-five (45) days of submission of such invoices, except in those situations identified in the paragraph entitled "Right to Withhold" listed below.

17. Right to Withhold
The District may withhold payment to Provider, on ten (10) working days written notice of such withholding, when in the opinion of the District:
17a. Provider’s performance, in whole or in part, either has not been carried out as defined by the ASES Program Grant. 17b. Provider has neglected, failed, or refused to furnish information or to cooperate with the inspection, review, or audit of its program, work, or records. 17c. Provider has failed to submit the invoice in a timely manner.

If the District gives notice of intent to withhold, Provider shall have fourteen (14) days from the date of receipt of said notice to correct such deficiency and/or may invoke the dispute resolution provision herein.

18. Modifications and Amendments:

This Contract may be modified or amended only by a written document signed by authorized representatives of Provider and District. No change in this Contract or Memorandum of Understanding shall result in a District financial obligation to Provider in excess of the SHINE Program and Memorandum of Understanding reimbursement rate to the District. 138

19. Disputes
Disputes between District and Provider concerning the meaning, requirements or performance of this contract shall be submitted to the Superintendent of the District. The determination of the Superintendent shall be made in writing and shall be binding on both parties

20. Assignment and Subcontracting
The expertise and experience of Provider are material considerations for this Agreement. The District has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon the Provider under this Agreement. In recognition of that interest, Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Provider’s duties or obligations under this Agreement without the prior written consent of the Board of Trustees of the District. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling District to any and all remedies at law or in equity, including summary termination of this Agreement.

Notwithstanding the above, Provider may utilize subcontractors in the performance of its duties pursuant to this Agreement, but only with the prior written consent of District. Such approval shall be attached and made part of this Agreement. Provider shall be as fully responsible to the District for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by Consultant, as if the acts and omissions were performed by Consultant directly. Any sub-contractor shall be bound by all of the terms of this Contract, including the insurance and indemnification provisions, and it shall be Provider’s responsibility to obtain the agreement of subcontractor/assignee to comply with all terms contained herein.

21. Termination
21a. The partners are committed to the long-term operations and sustained functioning of the SHINE Program. 21b. Either party may negotiate the terms of this agreement by calling a meeting to redefine the terms. 21c. Either party can initiate the release of this agreement with a thirty (30) day notice. Upon termination without default of Provider, District shall pay, without duplication, for all services satisfactorily performed to date of termination. 21d. In consideration of this payment, Provider waives all rights to any further payment or damage. Upon termination, Provider shall turn over to District all student records in its possession generated as a result of services rendered under this Agreement, possessed by Provider or under its control at the time of 139
termination.

22. Default
Failure of Provider to perform any Services or comply with any provisions of this Agreement may constitute a default. District shall provide written notice to Provider of the default and the reasons for the default. District shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of the notice until the default is cured. The written notice shall include the timeframe in which Provider may cure the default. This timeframe is presumptively thirty (30) work days, but may be extended, though not reduced, at the discretion of District. During the period of time that Provider is in default, District shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, District may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Provider does not cure the default, District may terminate this Agreement as provided above. Any failure on the part of District to give notice of the Provider’s default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any provision of this Agreement. Notwithstanding the foregoing, Provider shall not be deemed to be in default if its failure to perform any Services or comply with any provisions of this Agreement results solely from the action or inaction of District.

23. Compliance with Laws
In connection with the Services and its operations, Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services. Neither District, nor any elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. a. Without limiting the generality of the foregoing, Provider shall comply with the provisions of the State SHINE Program grant requirements.

24. Entire Agreement
This Agreement and the Memorandum of Understanding incorporated herein constitute the entire agreement and understanding between the District and Provider in connection with the matters covered herein and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated.

25. Governing Law
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial 140
courts shall lie exclusively in the County of Ventura, California.

26. Severability Clause
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

27. Notices
Any notices required or permitted to be given under this Agreement shall be deemed fulfilled by written notice, demand or request personally served on (with proof of service endorsed thereon, or mailed to, or hereinafter provided) the party entitled thereto or on its successors and assigns. If mailed, such notice, demand, or request shall be mailed certified or registered mail, return receipt requested, and deposited in the United States mail addressed to such party at its address set forth below or to such address as either party hereto shall direct by like written notice and shall be deemed to have been made on the third (3 rd
) day following posting; or if sent by a nationally recognized overnight express carrier, prepaid, such notice shall be deemed to have been made on the next business day following deposit with such carrier. For the purposes herein, notices shall be sent to the District and the Provider as follows:

For the District: Christine Walker, Superintendent Hueneme Elementary School District 205 North Ventura Road Port Hueneme, CA 93041 For Provider: Araceli Espinosa, Management Analyst 701 South "G" Street Oxnard, CA 93030

28. Authority to Execute
The person or persons executing this Agreement certify they are the authorized representatives of the respective parties, and are authorized to sign this document.

29. Binding Effect
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

The parties hereto have executed this agreement by and through their duly authorized agents or representatives. The Funding for the SHINE Program and this entire Agreement is contingent upon the district receiving state funding each fiscal year. 141
[Signatures on following page] IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date.

For City of Oxnard:

______________________________ ______________________________ Luis Mc Arthur Date Mayor ATTEST: _______________________________ ______________________________ Luly Lopez Date City Clerk APPROVED AS TO FORM: ________________________________ ______________________________ Stephen M. Fisher Date City Attorney For Hueneme Elementary School District: ________________________________ ______________________________ Christine Walker Date Superintendent 142
Memorandum of Understanding between the Hueneme Elementary School District (HESD),

fiscal

agency

the

SHINE

Expanded

Learning

Day

Program,

and

the

City

Oxnard

The scope of this document is to define the roles and responsibilities of a partnership between the City

Oxnard,

City

Recreation

and

Community

Services-City

Corps

(OCC)

provide

staff

supervise

and

support

students

who

participate

the

Hueneme

Elementary

School

District

(HESD)

SHINE

Expanded

Learning

Day

Program.

SHINE

the

extended

learning

day

offered

each

day

that

school

session

from

regular

day

dismissal

6:00

p.m.

and

for

30 days

nine

hour

intersession

days

when

the

regular

school

year

not

session.

This serves as a Memorandum of Understanding and Responsibility Agreement that HESD and OCC

collaborate

meet

the

ELOP

Program

Plan

for

the

2025-2028

school

years

the

following

schools:

Richard

Bard,

Charles

Blackstock,

E.O.

Green,

Art

Haycox,

Julien

Hathaway,

Hueneme,

Ansgar

Larsen,

Parkview,

Sunkist

and

Fred

Williams.

Each

agency,

according

its

defined

role,

agrees

participate

coordinating,

providing

and

financing

the

following

services

for

the

purpose

this

agreement.

OCC agrees to: 1. Provide (1) Program Supervisor, (1) Program Coordinator, and (1) Sports Specialist and (10) Site

Program

Specialists

instruct

and

support

50 OCC

staff

and

oversee

implementation

items

2-12

below.

2. a. Oversight of implementation of the unified SHINE Schedule of approved activities for all

programs

all

City

Corps.

Staff.
b. Inform the District Site Coordinator of supplies and materials needed each month. c. Ensure all staff explain to parents and assist parents to sign students out daily to meet grant

requirements.

d. Meet daily with the staff to celebrate successes and address concerns based on the prior day

program.
e. Supervise and support the staff towards meeting the SHINE Program Essential Standards

and

responsibilities

communicated

all

employees

during

all

professional

learning.
f. Supervision of students daily at arrival, during and at dismissal of the program. g. Ensure snacks, supplies and materials are organized, prepared and available daily. h. Work with the District Site Coordinator to collect data for assessment and evaluation purposes.

i. Ensure staff apply appropriate behavior management and discipline techniques at all times

and

assist

the

staff

solving

discipline

problems.

All

staff

employ

the

District

approach,

CHAMPS/MAC/STOIC

strategies,

teach

students

expectations

for

appropriate

behavior

for

all

scheduled

activities

and

transitions

the

program.

j. Plan activities using appropriate instructional strategies and materials provided at professional

learning.
k. Collaborate with all enrichment providers to provide daily enrichment to student groups

3. Provide contracted staff daily to serve the required student to staff ratio of 20:1 for all sites.

4. Ensure all employees attend all scheduled professional learning and use planning time to 143
prepare lessons and activities to implement instructional strategies taught at the training sessions.

5. Provide all staff with planning time daily prior to the start of the program as outlined in the Staff

Work

Schedule

for

each

school.

6.All personnel must pass the District Para-educator Test prior to employment. Upon hire, employees

will

required

complete

training

the

following

areas:

CPR/First

Aid

(and

provide

copy

the

certification),

Mandated

Reporting,

and

Sexual

Harassment

Prevention.

Additionally,

all

personnel

must

have

test

clearance

dated

within

the

last

four

years

and

must

pass

fingerprint

clearance

prior

being

offered

employment

7. Ensure all employees meet with the Site Coordinator at each school site prior to the first day of

school

and

attend

all

Summer

Professional

Learning.

8. Provide an in-kind matching grant to help meet the 33% ASES matching grant requirement. 9. Ensure all SHINE staff attend and participate in collaborative planning and meetings. 10. Ensure all employees maintain confidentiality of student records per the Contract with HESD.

11. Maintain all materials provided for the staff by having staff return items at the end of each

day.

12. Use training and training supply budget to provide all supplies and equipment for sports and

intramural

games

13. Program Specialists work all 30 Days of Intersession Programs and attend all professional

learning

days

prepare

for

intersessions.

Coordinator

and

Supervisor

are

available

support

Program

Specialists

during

intersessions

needed.

14. Program Specialists prepare and provide their site team with lesson plans, organize materials

implement

the

daily

schedule

and

coordinate

with

SHINE

administrators

what

additional

support

needed

the

school

site

successfully

implement

the

ELOP

Program

Plan

goals.

15. Supervisor, Coordinator and Program Specialists collaborate with guidance from HESD to

create

30 day

intersessions.

16. Supervisor, Coordinator and Program Specialists provide professional learning during the

summer

the

SHINE

Staff

prior

the

program

start

date

each

school

year.

A three-year budget for the amount listed below for each school year is provided to sustain program

staffing

from

year

for

the

SHINE

Expanded

Learning

Day

Program.

monthly

invoice

itemizing

payroll

and

expenditures

required

reflect

actual

staff

provided

each

month

requested

the

MOU.

staffing

requirements

are

not

met,

the

monthly

invoice

shall

reflect

actual

staffing

for

the

program.
2025-2026 - $2,351,425 2026-2027 - $2,465,388 2027-2028 - $2,591,515 HESD agrees to: 1. Manage the program budget, including collaboration with OCC to ensure the 2025-2028 ELOP

Program

Plan

goals

are

met

and

for

proper

payment

for

services.

2. Provide professional learning and follow-up coaching support to the SHINE Staff. 144

3. Provide supplies and materials for use in the SHINE Program. 4. Visit sites to ensure grant compliance on point of service and programmatic levels. 5. Coordinate with agencies to ensure proper implementation and modification, as needed. 6. Work with collaborating agencies to address any parent, teacher, student, or other program participant

concerns

that

may

arise.

7. Collaborate with Oxnard City Recreation and Community Services Project Manager annually to

monitor

overall

program

progress

and

achievement

goals.

Additionally, HESD will provide one on-site After School Program Site Coordinator/Academic Liaison

who

will

responsible

for

the

daily

operation

the

SHINE

Program

follows:

1. Coordinate with OCC Site Program Specialists to order supplies and materials unique to each site.

2. Recruit and enroll eligible program participants from each site. 3.Maintain after-school records regarding enrollment, waivers, emergency cards, permission slips,

behavior

plans,

etc…

4. Work with teachers to communicate student needs and student progress. 5. Serve as a liaison between the expanded learning day staff and the regular day staff. 7. Work with teachers, parents and students to ensure appropriate placement. 8. Coordinate with SHINE Staff to provide arrival/intake and snack services. 9. Monitor implementation of weekly schedule for program in coordination with the Site Program

Specialists

and

the

site

administrator.

10. Meet with Site/District administration to ensure the meeting of program goals. 11. Appropriately address any issues of concern raised by parents, students, teachers, or other program

participants

the

site

working

with

the

SHINE

and

regular

day

staff

and

the

principal.

12. Represent their program at District-level After School Site Coordinator meetings. This agreement shall begin on July 1, 2025 and continue to be implemented until June 30, 2028.

Either

party

may

negotiate

the

terms

this

agreement

calling

meeting

redefine

the

terms.

Ongoing

review

this

agreement

will

the

responsibility

both

parties.

Either

party

can

initiate

release

this

agreement

with

30-

day

notice.

Funding

for

the

SHINE

Program

contingent

each

year

upon

state

funding

for

both

ASES

(After

School

Education

and

Safety)

and

ELOP

(Expanded

Learning

Opportunity

Program).

ELOP

funds

are

reduced

eliminated,

HESD

will

ask

for

reduction

staffing

based

the

ASES

allocation

from

the

state

and

the

terms

this

MOU

will

become

null

and

void.

For City of Oxnard:

______________________________ ______________________________ Luis A. Mc Arthur Date Mayor 145
ATTEST: _______________________________ ______________________________ Luly Lopez Date City Clerk APPROVED AS TO FORM: ________________________________ ______________________________ Stephen M. Fisher Date City Attorney For Hueneme Elementary School District (Fiscal Agency): ________________________________ ______________________________ Christine Walker Date Superintendent 146
After School Education & Safety
Community Services Committee – May 13, 2025
City Council – May 20, 2025
By: Esteban Melchor, Recreation Supervisor
147
Overview
• Serving over 2,700 Oxnard students
• Employing over 50 individuals between the ages 18-25
• Employing a Supervisor, an Analyst and 11 full-time Program Specialists, • Over 100 Hours of Ongoing Professional Staff Development Training provided by School Districts
• Hours of Operation 1:30 p.m. - 6:00 p.m.
• Over 1,000 Volunteer Hours
• Through special events and programs the afterschool program comes in contact with 2,000-2,500 parents and other family members. 2 148
Educational and Literacy Element
• Homework Assistance
• English Language
Development
• ST Math
• Letter A Week
• Leader in Me
• Literacy & Reading
Comprehension
3 149
Enrichment Opportunities
• Visual and Performing Arts
• Dance
• Physical Activity/Recreation
• Health/Nutrition/Cooking
• Live Theater
• Community
Service-Learning
Opportunities
4 150
Community Involvement and Service Learning
Coastal Cleanup Meet Up Clean Up Downtown Christmas Parade Y oung Authors Fair Kiwanis Track Meet SHINE Fest
5 151
Funding
6 In 2002 California voters passed
Proposition 49 which funds the
After School Education and Safety
(ASES) Grant
• State of California grants funds to school districts that collaborate with community partners to provide safe and educationally enriching alternatives for children and youths during non-school hours. • School districts, as grantees are responsible for creating, reviewing, and updating the program plan every three years as well as tracking its outcomes.
• After School Education & Safety (ASES) Grant
• Through this partnership we receive a 3-year agreement valued at $7,408,328.48
152

RECOMMENDATION
That the Community Services, Public Safety, Housing &
Development Committee recommend that Council approve and authorize the Mayor to execute a three-year agreement (A-8589) and Memorandum of Understanding (A-8590) with the Hueneme Elementary School District (HESD) for the City of Oxnard to receive the total amount not to exceed $7,408,382.48 to operate the After-School Education and Safety (ASES) program at ten (10) schools with a City match of $54,000 of in-kind services. 7 153

END OF PRESENTATION
154

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: May 20, 2025

TO: City Council

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Adoption of Ordinance No. 3059 Library Board City Code Updates.

RECOMMENDATION

That the City Council adopt an Ordinance No. 3059 titled:

"AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING THE OXNARD CITY CODE TO REDUCE THE MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO FIVE MEMBERS."

BACKGROUND

The Library Board was first established on December 26, 1906, along with the newly established Oxnard Public Library. The California Education Code (CEC) requires that a municipal public library be managed by a board of library trustees, consisting of five (5) members serving three-year terms on a staggered basis. The board of library trustees is responsible for making and enforcing rules and regulations of a library, managing staff responsibilities, quantity, and compensation, purchasing property as necessary, and administering any trust created for a library. Originally, the City’s Board of Library Trustees was a five-member body appointed by the Chair of the Board of Trustees of the City. The financial management function of the Board of Library Trustees was removed and transferred to the City Council.

In 1998, in an effort to align Citizen Advisory Groups (CAGs), clarify ambiguities, and enhance overall effectiveness, the Council supported a comprehensive update to the ordinances related to CAGs. This effort resulted in the creation of the Library Board, as we know it today, being formally recognized as an advisory board to the Council. This change aligned the Library Board with its existing functions and clarified its powers and duties to match what the City Code reflects today. In 2019, in an effort to align with the district-based Council seats, all CAGs became seven-member bodies, with six members being elected by-district and one at- large. Although consistent with the spirit of the CEC regarding the establishment of a library board, the current structure of the Library Board is not entirely consistent with the CEC.

DISCUSSION

On July 9, 2024, staff brought an item to this committee requesting direction on the future of the Library Board.

Staff recommended restructuring the Library Board to ensure full compliance with the California Education Code pending an opinion from the California Attorney General (AG) to determine if the Board could consist of seven members in alignment with the current City Council seats, and if so, staff would have recommended the 155
City’s seven-member City Council be established as the Library Board of Trustees, similar to the role of the Parking Authority.

On February 13, 2025, the City received a response from the AG that a Library Board of Trustees must be a five-member body consistent with the CEC (Attachment #1). As a result of the AG’s opinion, staff is returning to this committee to recommend that Council adopt an ordinance revising various sections of the Oxnard City Code to be consistent with CEC.

Per CEC Section 18910-18927, a public library shall be managed by a board of library trustees, consisting of five members, to be appointed by the mayor, with the consent of the legislative body of the municipality.

Trustees shall serve a term of three years, hold meetings monthly, comply with the Ralph M. Brown Act, and report to the legislative body of the municipality by August 31st each year on the state of the library. The recommended ordinance will ensure the City is in compliance with the CEC.

The Library Board of Trustees will be managed by the Library Manager. Meetings will tentatively take place on the third Wednesday of each month at 4:30 p.m. and be held in the Main Library Meeting Room A.

Meetings will be open to the public in accordance with the Ralph M. Brown Act and agendas will be published in accordance with the City’s Sunshine Ordinance. After City Council’s approval, the City will conduct recruitment for this body and coordinate with the Mayor to bring nominations forward for appointment as required by the CEC. Nominations will be brought forward beginning with the new fiscal year, July 1, to comply with the staggering of terms per the statute.

The Community Services, Public Safety, Housing and Development committee approved 3-0 on April 8, 2025, The City Council approved the first reading of the ordinance by a vote of 7-0 on April 29, 2025

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.

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

No financial impact

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing and Development committee approved 3-0 on April 8, 2025 to approve the staff recommendation and forward the item to Council for approval.

The City Council approved 7-0 on April 29, 2025 the first reading of the item.

Prepared by: Kathleen Ashmore, Library Manager

ATTACHMENTS

1. Library Board Ordinance

2. Library Board Ordinance_redline

3. CEC Attorney General Opinion 24-803

4. Library Board Presentation_city council
156

157
Ordinance No. 3059

Page 1 of 3 ends

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3059

AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING THE OXNARD

CITY CODE TO REDUCE THE MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO

FIVE MEMBERS
WHEREAS, the Library Board was first established on December 26, 1906, along with the newly established Oxnard Public Library; and
WHEREAS, the Oxnard City Council has established a Library Board to advise on policies and procedures of the Oxnard Public Library; and WHEREAS, Education Code section 18910 is part of the Municipal Libraries Act (the “Act”), which authorizes municipal public libraries; and WHEREAS, The Act “prescribe[s] a detailed scheme for the establishment and operation of such libraries”; and
WHEREAS, Education Code section 18910 describes a library board as “consisting of five members”; and
WHEREAS, prior to 2018, the Library Board consisted of five members matching the number of the Oxnard City Council membership; and
WHEREAS, in 2018, the City expanded its City Council to seven members when it transitioned to district-based elections; and
WHEREAS, thereafter, the City Council expanded its Library Board to seven members; and
WHEREAS, City staff recently sought an opinion of the Office of the Attorney General (the “Attorney General”) on whether a general law city may expand its library board from five to seven members; and
WHEREAS, the Attorney General concluded that a general law city that has expanded its city council from five to seven members may not establish a seven-member municipal library board of trustees because Education Code section 18910 specifies that such a board consists of five members; and
WHEREAS, the Oxnard City Code must be amended to comply with the Education Code.

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

Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance. 158
Ordinance No. 3059

Page 2 of 3 ends

Part 2. Code Amendment. Section 2-30 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-30. APPLICATION.
(A) The following provisions shall apply to the following citizen advisory groups:
senior services commission, commission on community relations, parks and recreation commission, homeless commission, planning commission, and cultural arts commission.
(B) Sections 2-31 through 2-35 and Sections 2-37 through 2-41 of this Division shall apply to the Library Board”
Part 3. Code Amendment. Section 2-66 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-66. ESTABLISHED; QUALIFICATIONS.
(A) There is hereby established a library board composed of five members appointed by the mayor with approval of the city council.
(B) Members shall hold office for three years. In order to stagger the terms, the city council shall appoint members so that no more than two terms expire each year. One trustee’s term shall end on June 30, 2026. Two members’ terms shall end on June 30, 2027. Two members’ terms shall end on June 30, 2028. All trustees appointed thereafter shall serve a term of three years following the pattern established in this section. (C) Members are permitted to serve three consecutive terms. (D) A term of less than one year shall not be considered a full term. Terms shall expire on June 30 of the applicable years. A member shall continue in office for the term for which the member was appointed or until the member’s successor is appointed. (E) In the event of a vacancy, the mayor shall nominate a replacement to complete the term of the member creating the vacancy.
(F) A member shall serve without compensation, shall reside in the city and be at least 18 years old.”
Part 4. If any term or portion of this ordinance is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect.

Part 5 Pursuant to Government Code section 36933(c)(l), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five (5) days before the City Council's adoption of the ordinance.

Part 6. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) calendar days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code section 36933. Ordinance No. _____ 159
Ordinance No. 3059

Page 3 of 3 ends

was first read on April 29, 2025, finally adopted on May 20, 2025 to become effective on thirty (30) days thereafter.

APPROVED AND ADOPTED this ______ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Luis Mc Arthur, Mayor
ATTEST:
________________________________
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen M. Fischer, City Attorney
160
Ordinance No.

Page 1 of 3 ends

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING THE OXNARD

CITY CODE TO REDUCE THE MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO

FIVE MEMBERS
WHEREAS, the Oxnard City Council has established a Library Board to advise on policies and procedures of the Oxnard Public Library; and WHEREAS, Education Code section 18910 is part of the Municipal Libraries Act (the “Act”), which authorizes municipal public libraries; and WHEREAS, The Act “prescribe[s] a detailed scheme for the establishment and operation of such libraries”; and
WHEREAS, Education Code section 18910 describes a library board as “consisting of five members;” and
WHEREAS, prior to 2018, the Library Board consisted of five members matching the number of the Oxnard City Council membership; and
WHEREAS, in 2018, the City expanded its City Council to seven members when it transitioned to district-based elections; and
WHEREAS, thereafter, the City Council expanded its Library Board to seven members; and
WHEREAS, City staff recently sought an opinion of the Office of the Attorney General (the “Attorney General”) on whether a general law city may expand its library board from five to seven members; and
WHEREAS, the Attorney General concluded that a general law city that has expanded its city council from five to seven members may not establish a seven-member municipal library board of trustees because Education Code section 18910 specifies that such a board consists of five members; and
WHEREAS, the Oxnard City Code must be amended to comply with the Education Code.

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

Part 2. Code Amendment. Section 2-30 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-30. APPLICATION.
161
Ordinance No.

Page 2 of 3 ends

(A) The following provisions shall apply to the following citizen advisory groups:
senior services commission, commission on community relations, library board, parks and recreation commission, homeless commission, planning commission, and cultural arts commission.
(B) Sections 2-31 through 2-35 and Sections 2-37 through 2-41 of this Division shall apply to the Library Board”
Part 3. Code Amendment. Section 2-66 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-66. ESTABLISHED; QUALIFICATIONS.
(A) There is hereby established a library board composed of fiveseven members appointed by the mayor with approval of the City Council. (B) (B) Members shall hold office for three years. In order to stagger the terms, the city council shall appoint members so that no more than two terms expire each year. One trustee’s term shall end on June 30, 2026. Two members’ terms shall end on June 30, 2027. Two members’ terms shall end on June 30, 2028. All trustees appointed thereafter shall serve a term of three years following the pattern established in this section.A member shall serve without compensation, shall reside in the city and shall be at least 18 years of age.
(C) Members are permitted to serve three consecutive terms. (D) A term of less than one year shall not be considered a full term. Terms shall expire on June 30 of the applicable years. A member shall continue in office for the term for which the member was appointed or until the member’s successor is appointed. (E) In the event of a vacancy, the mayor shall nominate a replacement to complete the term of the member creating the vacancy.
(F) A member shall serve without compensation, shall reside in the city and be at least 18 years old.”
Part 4. If any term or portion of this ordinance is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect.

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162
Ordinance No.

Page 3 of 3 ends

APPROVED AND ADOPTED this ______ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Luis Mc Arthur, Mayor

ATTEST:

________________________________
Lourdes A. López, City Clerk

APPROVED AS TO FORM:

________________________________
Stephen M. Fischer, City Attorney
163
1 24-803

TO BE PUBLISHED IN THE OFFICIAL REPORTS

OFFICE OF THE ATTORNEY GENERAL
State of California

ROB BONTA
Attorney General
_______________

OPINION

ROB BONTA
Attorney General

CATHERINE BIDART
Deputy Attorney General
:
:
:
:
:
:
:
:
:
:

No. 24-803
February 13, 2025
The HONORABLE STEVE BENNETT, MEMBER OF THE STATE
ASSEMBLY, has requested an opinion on a question relating to municipal library boards.

QUESTION PRESENTED AND CONCLUSION
May a general law city that has expanded its city council from five to seven members establish a seven-member municipal library board of trustees to permit all members of the city council to serve on that board, instead of a five-member board as specified in Education Code section 18910?
No. A general law city that has expanded its city council from five to seven members may not establish a seven-member municipal library board of trustees because Education Code section 18910 specifies that such a board consists of five members, and neither that statute nor any other statute or applicable authority provides an exception. 164
2 24-803

BACKGROUND
Education Code section 18910 is part of the Municipal Libraries Act, which authorizes municipal public libraries.1 The Act “prescribe[s] a detailed scheme for the establishment and operation of such libraries.”2 The authority to establish a municipal library predates the Act, which the Act acknowledges in authorizing a city to establish a library if one has not yet been established.3
Once established, a municipal library is operated by an appointed board of trustees.4 Among other things, a library board may buy books, journals, and other publications, employ and prescribe duties of the librarian and other employees, and administer trusts and gifts for the library.
5 The number of trustees that may serve on a
library board is the focus of our attention. Without exception, Education Code section 18910 describes the library board as “consisting of five members.” 6 We are informed that the City of Oxnard would prefer all seven of its council members to serve simultaneously on its library board. Prior to 2018, Oxnard’s city council consisted of five members. In 2018, the City expanded its city council to seven members when it changed to district-based elections.
7 The City states that it was required

1 Friends of the Library of Monterey Park v. City of Monterey Park (1989) 211 Cal.App.3d 358, 362.
2 Id. at p. 369.
3 Id. at pp. 364-365; Ed. Code, § 18900 (“The common council, board of trustees, or other legislative body of any city in the state may, and upon being requested to do so by one-fourth of the electors of the municipal corporation in the manner provided in this article, shall, by ordinance, establish in and for the municipality a public library if there is none already established therein”).
4 Ed. Code, § 18910.
5 Id., §§ 18920-18922, 18926.
6 Id., § 18910; Friends of the Library of Monterey Park v. City of Monterey Park, supra, 211 Cal.App.3d at p. 379 (reciting Education Code section 18910) & fn. 1 (describing Municipal Libraries Act provisions as “assigning management and control of such libraries to a five-member board of library trustees whose members hold office for terms of three years”).
7 Six members are elected by district, and a seventh elected member is the mayor. (See City of Oxnard, City Council homepage, at https://www.oxnard.gov/city-council (as of Feb. 12, 2025); see also City of Oxnard Ordinance No. 2934, section 2-3.5 [prescribing district-based elections commencing with November 2018 general election], available at https://codelibrary.amlegal.com/codes/oxnard/latest/oxnard_ca/0-0-0-65616#JD_2-3.5 (as of Feb. 12, 2025).)
165
3 24-803
to make such a change to resolve claims under the California Voting Rights Act.8 That Act prohibits the diluting or abridging of the voting rights of a protected class, and authorizes a court to impose appropriate remedies, including district-based elections for a violation of the Act.9 As mentioned, the City has changed to district-based elections and expanded its city council to seven members, but we were given no details regarding its resolution of the Voting Rights Act claims.10

ANALYSIS
The requestor represents the Assembly district in which Oxnard is located and seeks our opinion on whether a general law city such as Oxnard may expand its library board from five to seven members.
11 According to the City, some general law cities with five council members have designated their entire council as library board trustees, but no general law city with more than five council members has done so. As we explain below, a general law city’s expansion of its municipal library board to more than five members would be inconsistent with Education Code section 18910. That statute specifies a municipal library board of trustees “consisting of five members” and provides no exception to that requirement.
12 8 See Elec. Code, §§ 14025-14032; see also id., § 10010. 9 The Act’s key provision states that at-large (rather than district-based) elections “may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class.” (Elec. Code, § 14027; see also id., § 14026, subd. (d) [defining protected class].) A violation of that provision “is established if it is shown that racially polarized voting occurs in elections for members of the governing body . . . or in elections incorporating other electoral choices by the voters.” (Id., § 14028.) If a court finds a violation, it “shall implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy the violation.” (Id., § 14029.) 10 See ante note 7.
11 Because the scope of the question extends to a general law city only, references in our opinion to a city refer to a general law city only. A general law city derives its powers from statutes enacted by the Legislature as opposed to a city charter. (See City of Orange v. San Diego County Employees Retirement Assn. (2002) 103 Cal.App.4th 45, 52.) 12 We are not asked, and therefore provide no opinion on, whether other legal grounds such as the incompatible-offices doctrine could affect council members desiring to simultaneously serve as municipal library board trustees. 166
4 24-803
In construing Education Code section 18910, we employ established rules of statutory interpretation to determine the Legislature’s intent.13 We begin with the statute’s words because they are generally the most reliable indicator of its intended purpose.14 If the relevant words are subject to more than one reasonable interpretation, we consider extrinsic sources including the statute’s purpose, legislative history, and public policy.15
Education Code section 18910 states:

The public library shall be managed by a board of library trustees, consisting of five members, to be appointed by the mayor, president of the board of trustees, or other executive head of the municipality, with the consent of the legislative body of the municipality.[16] The relevant words are clear and unambiguous. The statute prescribes an appointed board of trustees “consisting of five members.” The statute makes no exception for a city with a council composed of more than five members. And we have found no exception in any other statute that would allow a general law city to establish a municipal library board having more than the five board members specified. For instance, nothing in the Voting Rights Act mentions expanding appointed, non-elected bodies, such as a library board.
17 And the Government Code statutes that authorize city councils to consist of more than five members do not provide that other bodies (such as a municipal library board) may likewise do so.18 Those statutes are silent on library boards, and nothing in them supports the notion that a city may expand its library board beyond five members.

Under the rules of statutory construction, we may not “rewrite the law, add to it what has been omitted, omit from it what has been inserted, give it an effect beyond that gathered from the plain and direct import of the terms used, or read into it an exception,

13 Prang v. Los Angeles County Assessment Appeals Bd. (2024) 15 Cal.5th 1152, 1170. 14 Ibid.
15 Ibid.
16 Ed. Code, § 18910, italics added.
17 Cf. Elec. Code, § 14029 (if a court finds a violation, it “shall implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy the violation”); see also id., §§ 14025-14032 (California Voting Rights Act). 18 For example, one statute provides that a city council of a general law city has “at least five members.” (Gov. Code, § 36501.) And another statute authorizes a maximum of nine city council members elected by or from districts. (Id., § 34871.) 167
5 24-803
qualification, or modification that will nullify a clear provision . . . .’”19 And “[w]here the words of the statute are clear, we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history.” 20 The language in Education Code section 18910 referring to the library board as “consisting of five members” is clear on its face, and the legislative history could add no further clarity. The statute has been in effect since 1976 with nearly identical language existing elsewhere since 1901.21 It is thus apparent that the Legislature’s longstanding intent has been for municipal library boards to consist of five members.

The City nonetheless suggests that the library board should be expanded to include all seven council members because the city council “is best situated to perform the essential functions of the board.” But the Legislature has not adopted that policy judgment. The Municipal Libraries Act does not require the library board to include any city council members, let alone all of them. Nor does it otherwise suggest any connection between the membership of the two bodies. What the Legislature did require is that municipal library boards “consist[] of five members.” 22 If it was an oversight not
to authorize city councils and library boards to have an equal number of members that exceeds five, it is up to the Legislature to address, not us.23 While our research disclosed no court decisions on the exact issue before us, the reasoning in a 1989 Court of Appeal case further supports our conclusion that a city may not establish a library board with more than the five members specified in the Municipal Libraries Act.24 In that decision, the court determined that a city council may not abolish

19 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334, quoting Frazier v. City of Richmond (1986) 184 Cal.App.3d 1491, 1496.
20Ennabe v. Manosa (2014) 58 Cal.4th 697, 719, quoting In re Jennings (2004) 34 Cal.4th 254, 265.
21 Stats. 1976, ch. 1010, § 2 (enacting Education Code section 18910); Stats. 1959, ch. 2, § 27351, p. 1461 (enacting former Education Code section 27351); Stats. 1943, ch. 71, § 22212, p. 738 (enacting former Education Code section 22212); 1938 Gen. Laws, Act 2749, §§ 1-3; Stats. 1909 ch. 481, §§ 1-3; Stats. 1901, ch. 170, p. 558, §§ 1-3. 22 Ed. Code, § 18910.
23 See Weber v. Superior Court of Sacramento County (2024) 101 Cal.App.5th 342, 364 (“We express no view about whether the statutory language, thus applied, ideally balances the competing concerns or represents the soundest public policy. Such is not our responsibility or our province”).
24 As noted above, the Municipal Libraries Act includes Education Code section 18910. 168
6 24-803
its library board and assume control of the library.25 The court rejected a city’s claim that it could do so under statutes unrelated to the Municipal Libraries Act, including one that confers general authority on a city to own and operate utilities, services, and recreational facilities—including libraries.26 The court examined the competing statutes, which were located in different codes, and concluded that the Municipal Libraries Act prevailed as the more specific statute.
27 The situation here is similar: The Municipal Libraries Act is the more specific statute concerning the size of library boards. Any competing statutes do not even pertain to libraries. We therefore reject the notion that a city council may establish a library board with more members than the Act authorizes so that all members of a city council, which expanded under unrelated statutes located in different codes, may serve on the board, or for any other reason.

25 Friends of the Library of Monterey Park v. City of Monterey Park, supra, 211 Cal.App.3d at pp. 364, 380.
26 Id. at pp. 369-371, 381.
27 Ibid. This follows “the usual interpretive rule that ‘more specific provisions take precedence over more general ones.’” (City of Los Angeles v. PricewaterhouseCoopers, LLP (2024) 17 Cal.5th 46, 68-69, quoting Lopez v. Sony Electronics, Inc. (2018) 5 Cal.5th 627, 634.)
169
Library Board City Code Updates
City Council
April 29, 2025
Kathleen Ashmore, Library Manager
170
That the City Council approve the first reading by title only and waive further reading of the proposed Ordinance titled: AN

ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA

AMENDING THE OXNARD CITY CODE TO REDUCE THE

MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO FIVE

MEMBERS
RECOMMENDATION 2
171
• Library Board first established on December 26, 1906 with establishment of Oxnard Public Library
• California Education Code (CEC) requires that a municipal library be managed by a board of library trustees
consisting of five members serving three-year terms on a staggered basis.
• In 1998, the Library Board was updated to become an
advisory board to Council, and in 2019, it became a
seven-member board in alignment with council districts. • Although consistent with the spirit of the CEC, the current structure is not entirely consistent with the CEC.

BACKGROUND 3
172
• In July 2024, staff recommended restructuring the Library Board to ensure full compliance with the CEC pending an opinion from the State Attorney General (AG) to determine if the Library Board could be a seven-member body
consistent with the current Council membership.
• In February 2025, the City received a response from the AG that a Library Board must remain at five members
consistent with CEC.
• To ensure compliance with the CEC, staff is recommending that City Council adopt an ordinance revising various
sections of the Oxnard City Code.

DISCUSSION 4
173
CEC Sections 18910-18987 define that a public library shall be managed by a Board of Trustees which must:
• Consist of five members who are appointed by the Mayor with approval from City Council;
• Serve three-year, staggered terms;
• Hold monthly meetings;
• Comply with the Brown Act; and
• Report to the legislative body of the municipality by August 31st of each year on the state of the library.

The new Library Board of Trustees will be managed by the Library Manager. Meetings will tentatively take place on the third Wednesday of the month at 4:30 p.m. and be held in the Main Library. After Council approval, the City will conduct recruitment and coordinate with the Mayor to bring
nominations forward to the Council.

DISCUSSION 5
174
QUESTIONS?
6 175

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: May 20, 2025

TO: City Council

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

SUBJECT: Agreement for Annual Financial Audits and Single Audits for Federally Funded Programs for Fiscal Years 2024-25 through 2028-29.

RECOMMENDATION

That City Council approve and authorize the Mayor to execute a five-year agreement (No.32600005) with Macias Gini & O'Connell, LLP in the amount of $1,219,895 for annual financial audits and Single Audits for Federally funded programs.

(As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee.)

BACKGROUND

With the recent submittal to the Federal Audit Clearinghouse of the Single Audit for the year ended June 30, 2024, the current audit contract is completed. As a result, the Purchasing Division of the Finance Department issued on January 28, 2025 a Request for Proposals for Professional Auditing Services. The Purchasing Division posted the RFP on the City's public purchasing platform, and notified directly a number of accounting and auditing firms, encouraging them to respond.

In addition, the Chief Financial Officer, Assistant Chief Financial Officer, and the Controller also reached out to numerous agencies for audit firm references to notify and asking them to submit proposals.

With the outreach effort, the RFP received 45 single views, and six firms responded to the RFP. An evaluation team of five members was formed to review the six proposals. The five evaluation team members included the CFO, 2 Assistant CFOs, Controller, and the Internal Control Manager. Two members of the evaluation team hold active CPA Licenses. Evaluation team members all signed the Purchasing Code of Conduct; attended the Purchasing Division's evaluation kickoff meeting; and reviewed the proposals.

Of the six proposals submitted, Macias Gini &O'Connell, LLP (MGO) was deemed the best value overall compared to the other five proposers. With a strong presence in California and solid history of public sector audits, MGO provided an impressive list of California Cities and Special Districts clients serviced in the last five years. It has an extensive experience working with diverse sizes of governmental agencies, including large complex public agency comparable to City of Oxnard. To the North of California, some of MGO’s large size clients included City and County of San Francisco, City of Oakland, and City of Fremont. MGO’s southern clients included City and County of Los Angeles, City of Santa Monica, City of Santa Barbara, County of Ventura, and numerous cities in the Ventura and Orange counties. Based on the scope of work, MGO provides a clear, thorough, and detailed structured approach to the audit work plan and procedures and a comprehensive timeline. Its proposal address on area of risk assessments, compliance assessment, and an extensive discussion Single Audit quality review. In the area of technical competency, MGO provided the most extensive and detailed description of the uses of technology and its approach specifically to audit.

Given MGO’s knowledge, experience, technical competency, thoroughness, and competency in performing comparable agency size audits, the evaluation team expressed confidence that MGO is the best among the pool of six proposers.

The Professional Service Agreement provided to the Finance and Governance Committee was the City's standard template. 176
The City and MGO were in the process of editing the City's standard template to reflect necessary changes in the terms of the Agreement that are specific to Audit function services. The City and MGO completed the edits after the posting of the Agenda for Finance and Governance Committee. The Agreement provided for this item reflects the agreed upon edits by the parties.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

Macias Gini &O'Connell, LLP has committed to a not-to-exceed cost of $1,219,895 for the annual financial audit and the Single Audit for each of the five years of the contract:

FY 2024-25: $229,780
FY 2025-26: 236,670
FY 2026-27: 243,765
FY 2027-28: 251,075
FY 2028-29: 258,605
TOTAL $1,219,895

By comparison, the total not to exceed contract cost of the same audit services for the last five years was $1,157,800. The annual cost will be included in the Finance Department budget for each fiscal year, beginning with the Proposed Budget for FY 2025-26.

For Financial use only General Fund 1011602-53210; Measure O 1041001-5321-M1904

COMMITTEE OUTCOME

As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee.

Prepared by: Beth Vo, Assistant Chief Financial Officer

ATTACHMENTS

1. Professional Service Agreement

177
Agreement No.______________
pg. 1

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND MACIAS GINI & O’CONNELL LLP
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Macias Gini & O’Connell LLP (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,

AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND

VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Recitals. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

Agreement for Professional Auditing Services reference “Exhibit A”

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.

Macias Gini & O’Connell, an LLP of the State of California, located at 700 South Flower St., Suite 800. Los Angeles, CA 90017.

4. TERM OF AGREEMENT: From (Date): 05/21/2025 To (Date): 05/20/2030 A. Time is of the essence in this Agreement
B. This Agreement does not have any options to extend.

C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $1,219,895.00
178
Agreement No.______________
pg. 2

6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-B Exhibit D: Federal Funding / Grant Requirements Rider [NOT APPLICABLE] Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy [NOT APPLICABLE]
Exhibit G: Iran Contracting Certification

7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:

City Designated Representative
Name: Cesar Perfecto
Title: Controller
Phone: 805-385-7461
Email: [email protected]
Address: 300 West Third Street, 3rd flr
Oxnard, CA 93030
Consultant Designated Representative
Name: Linda Hurley
Title: Engagement Partner
Phone: (949) 296-4340
Email: [email protected]
Address:700 South Flower St., Suite 800
Los Angeles, CA 90017

8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.

A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.

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

C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
179
Agreement No.______________
pg. 3
D. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

9. CONSULTANT’S SERVICES.

A. Consultant shall perform the tasks, obligations, and Services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.

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

10.COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” City shall pay Consultant an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.

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

A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].

B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from claims and liabilities solely related to compensation for completed and accepted work, provided that this release shall not apply to any outstanding claims for unpaid amounts, disputed invoices, additional work required due to changes request by the City after final payment. City’s payment shall 180
Agreement No.______________
pg. 4
not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder. Furthermore, the City’s payment shall not be deemed an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, except to the extent such defects or errors result from inaccurate, incomplete, or misleading information provided by the City,.

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

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

12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement.

The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.

13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.

14.TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen 181
Agreement No.______________
pg. 5
(15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.

15.FEDERAL GRANT FUNDING REQUIREMENTS . [RESERVED]

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

Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.

17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is 182
Agreement No.______________
pg. 6
reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

19.STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement, except the audit workpapers, and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City. Consultant shall retain ownership and copies of audit workpapers (physical or electronic) as defined below in accordance with applicable professional standards and regulatory requirements. Consultant shall provide a copy of the audit workpapers upon request from the City. 183
Agreement No.______________
pg. 7
A. Ownership of Documents. Every final report, deliverable, or other work product specifically prepared for and provided to City pursuant to this Agreement shall be the property of City. However, Consultant shall retain ownership of its engagement workpapers, proprietary methodologies, internal templates, and other pre-existing or independently developed materials used in connection with the performance of this Agreement. The City acknowledges that Consultant’s confidential and proprietary materials, including internal workpapers, regulatory-required documentation, and trade secrets, shall remain the sole property of Consultant and shall not be subject to disclosure or ownership by City, except as required by law.

Notwithstanding the foregoing, any pre-existing intellectual property, software, tools, methodologies, or templates used by Consultant in connection with this Agreement shall remain the property of Consultant, and the City shall obtain no ownership interest in such materials City shall make no claim of ownership to Consultants’ audit workpapers (defined as proprietary methodologies, internal templates, and other pre- existing or independently developed materials, as well as trade secrets, pre-existing intellectual property, software, tools, methodologies, or templates) used in connection with the performance of this Agreement.

B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services, except audit workpapers as described in Section 20.A. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all completed deliverables, reports and materials furnished to Consultant by the City.

C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of 184
Agreement No.______________
pg. 8
confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

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

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

21.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22.NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 185
Agreement No.______________
pg. 9

23.INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

A. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

B. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

24.INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25.LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant. 186
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pg. 10

26.PREVAILING WAGE REQUIREMENTS. [INTENTIONALLY OMITTED]

27.IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit G.

28.SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.

Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Consultant affirms that it is and will remain independent of the City, as defined by generally accepted auditing standards in the United States of America, and complies with the American Institute of Certified Public Accountants (AICPA) Code 187
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of Professional Conduct, as well as the Government Auditing Standards (2018 revision) published by the U.S. Government Accountability Office (GAO) and will adhere to any requirements set by the California state board of accountancy. Should Consultant’s independence be compromised in fact or appearance, Consultant will immediately inform the City of the circumstances and work with the City on a resolution. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.

31.DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request.

The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.

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

33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, 188
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Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.

34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.

35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
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38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

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

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

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

43.INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.

No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

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

45.AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
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pg. 14

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

47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.

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

49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
191
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192
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD MACIAS GINI & O’CONNELL LLP

Luis Mc Arthur, Mayor1 Date Linda Hurley, Partner Date

ATTEST:

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

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 193
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pg. 17

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY OF OXNARD and MACIAS GINI & O’CONNELL LLP)

SCOPE OF SERVICES
The City desires an Annual Comprehensive Financial Report (ACFR) and its component unit financial statements for the City of Oxnard to be prepared by the independent auditor and be fully compliant with GAAP and GASB for the fiscal year ended June 30, 2025 and each of the subsequent fiscal years through 2029 of the audit firm’s contract with the City.

The City desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles. The auditor is to express an opinion on the fair presentation of the combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in the ACFR. However, the auditor is to provide an “in-relation to” opinion on the supporting schedules based on the auditing procedures applied during the audit of the basic financial statements and the combining and individual fund financial statements and schedules. The auditor is not required to audit the introductory section or the statistical section of the report.

The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards, as well as certain limited procedures for the Measure O fund as required by City ordinance.

1. The selected independent auditor will be required to perform the following tasks:
a. The audit firm will perform an audit of all funds of the City of Oxnard. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States.

The audit will be in full compliance with applicable GASB statements during the fiscal year the audit is being performed. The audit firm will render their audit report on the basic financial statements which will include both Government-Wide Financial Statements and Fund Financial Statements. The audit firm will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City.
b. The audit firm will perform a single audit (if applicable) on the expenditures of federal grants in accordance with the Single Audit Act and Subpart F of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance) and render the appropriate audit reports on Internal Controls over Financial Reporting based upon the audit of the City’s financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with the Uniform Guidance.
194
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c. The audit firm shall issue a separate “management letter” that includes recommendations for improvements in internal control, accounting procedures, and other significant observations that are considered to be non-reportable conditions. Management letters shall be addressed to the Mayor and City Council.
d. The audit firm shall prepare the Annual State Controller’s Report for the City, the City’s Annual Street Report, and the Single Audit Report. The auditor should clearly take all the above into account when preparing the proposal.

2. Reports to be Issued
Following the completion of the audit of the fiscal year’s financial statements, the auditor shall issue:
a. A report on the fair presentation of the City’s basic financial statements in conformity with generally accepted accounting principles.
b. A report on the City’s compliance with major program requirements in accordance with the Uniform Guidance and a report on internal control over compliance with the Uniform Guidance. c. A report on the financial statements of the Measure O fund and a report on the City’s internal controls and compliance with Measure O Ordinance No. 2779. d. An agreed-upon procedures report on the annual calculation of the City’s appropriation limit in accordance with AT-C 215 Agreed-Upon Procedures Engagements.. e. A report in accordance with Government Auditing Standards on the internal control and compliance over financial reporting.

1. The internal control report shall communicate in writing to management any material weaknesses and significant deficiencies in internal control over financial reporting found during the audit. A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness yet important enough to merit attention by those charged with governance (City Council).

2. The compliance report shall communicate in writing matters of noncompliance with certain provisions of laws, regulations, contracts and grant agreements that could have a direct and material effect on financial reporting.

Preparation and submission of the State Controller’s reports for the City. f. Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to both the City Manager and the Chief Finance Officer.
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l. Reports to the City Council. The auditor shall inform the City Council of the following:

1. The auditor’s responsibility under generally accepted auditing standards

2. Significant accounting policies and changes in accounting policies

3. Management judgments and accounting estimates

4. Significant audit adjustments and uncorrected misstatements

5. Other information in documents containing audited financial statements

6. Disagreements with management

7. Management consultation with other accountants

8. Difficulties encountered in performing the audit

3. Special Considerations
The City intends to send its Annual Comprehensive Financial Report (ACFR) to the Government Finance Officers Association and California Society of Municipal Finance Officers for review in its Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide special assistance to the City to meet the requirements of that program.

The City intends to structure the contract so that the City has the option as to whether the auditor or City Staff would prepare the ACFR. The auditor shall be required to prepare the ACFR if the City elects that option. The cost of said preparation of the ACFR shall be an expense of the City.

4. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor’s expense, for a minimum of seven (7) years, unless the firm is notified in writing by the City of the need to extend the retention period.

The auditor will be required to make working papers available, upon request, to the City. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

5. Management Letters
The auditor shall present samples for the City.

6. Schedule for the 2025-26 Fiscal Year Audit
The auditor should complete each of the following no later than the dates indicated. 196
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Preliminary Field Work to Begin May 2025
Auditor Provides List of Schedules to be Completed June 2025 Year End Field Work Begins October 2025
Year End Field Work to be Completed October 2025
Draft Audit Report and Recommendations Completed by Auditor November 2025 Draft Audit Reports Returned to Auditor November-December 2025 Revised Draft Auditor’s Report Delivered to City December 2025 Final Audit Reports and Management Letter Submitted to City On or before
December 30, 2025
Audits Presented to City Council for Acceptance January – February 2026

7. Date Final Report is Due
a. The CFO will complete the review of the draft report as expeditiously as possible. During that period, the auditor should be available for any meetings that may be necessary to discuss the audit reports. Once all issues for discussion are resolved, the final signed report shall be delivered to the City within ten (10) working days. It is anticipated that this process will be completed to allow City Council approval by the month of December following each fiscal year. b. 20 signed copies of the City’s Annual Comprehensive Financial Report (ACFR) are to be delivered.

8. Assistance to be Provided to the Auditor
Finance Department and Clerical Assistance
a. The finance department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation, and explanations. City staff performs a variety of closing procedures during July and August, and they prepare a number of schedules in preparation for the year-end audit. The Auditor is expected to make use of this work product in preparing for the audit. A copy of the product list and pertinent work papers from the prior year will be made available for review to the selected firm. Any schedules not provided in those work papers and required for the audit, should be detailed and the request list submitted well in advance of fieldwork commencing.
b. Consideration must be given to the on-going tasks of the Finance Department. Consideration must also be given to the work schedules of the Finance Department staff and responsible management personnel. The auditor shall provide the City with a detailed audit plan and a list of all schedules to be prepared for both interim and year-end audit work. The City’s normal hours of operation are Monday through Friday from 8:00 a.m. to 6:00 p.m. with the exception of every other Friday when the offices are closed.
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pg. 21

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY OF OXNARD and MACIAS GINI and O’CONNELL LLP)

SCHEDULE OF COMPENSATION
Below are hourly rates detailed by partner, senior manager, manager, field supervisor and other staff.

Title / Classification
2025
Standard -
Cost per
Hour
Discount
Discounted
Rates -
Cost per
Hour
Partners $ 540 75% $ 405
Directors $ 450 75% $ 340
Senior Managers $ 400 75% $ 300
Managers $ 360 75% $ 270
Supervisors and Senior Associates $ 285 70% $ 200 Experienced Associates $ 225 70% $ 160
Staff Associates $ 200 70% $ 140
Administrative Assistants $ 140 70% $ 100
City of Oxnard
Deliverables
Estimated
Hours 2024/25 2025/26 2026/27 2027/28 2028/29
State Controller Reports (Cities, Special District, Annual Streets) 70 $ 12,995 Single Audit Report (up to 3 major programs) 120 $ 24,350 Annual Comprehensive Financial Report (ACFR) 810 $ 166,075 ACFR Preparation 85 $ 20,495
Measure O Report 30 $ 5,855
Gann Appropriations Limitation AUP Report 10 $ 10
$ 13,385
$ 25,080
$ 171,055
$ 21,110
$ 6,030
$ 10
$ 13,785
$ 25,830
$ 176,185
$ 21,745
$ 6,210
$ 10
$ 14,200
$ 26,605
$ 181,470
$ 22,395
$ 6,395
$ 10
$ 14,625
$ 27,405
$ 186,915
$ 23,065
$ 6,585
$ 10
Total (not-to-exceed) Fees 1,125 $ 229,780 $ 236,670 $ 243,765 $ 251,075 $ 258,605 198
Agreement No.______________
pg. 22

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY OF OXNARD and MACIAS GINI & O’CONNELL LLP

INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
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pg. 23
Exhibit INS-B

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto”;
c. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements affecting coverage required by this Exhibit INS-B. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager.

All certificates and endorsements are to be received and approved by the Risk Manager before work commences.

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

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

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

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

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant’s subconsultants.

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 200
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pg. 24

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

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

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

INS-B.doc
201
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pg. 25
ACORDCERTIFICATEOFINSURANCEISSUEDATE(MM/DD/YY)PRODUCER THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLICIES BELOW.CODE SUB-CODE COMPANIESAFFORDINGINSURANCECOVERAGEINSURED COMPANYLETTERASPECIFYCOMPANYNAMESINTHISSPACECOMPANYLETTERBCOVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEENISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED, NOTWITHSTANDING ANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACT OROTHERDOCUMENT WITHRESPECTTOWHICHTHISCERTIFICATE MAYBE ISSUEDORMAYPERTAIN, THEINSURANCE AFFORDEDBY THE POLICIES DESCRIBED HEREINIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.COLTRTYPEOFINSURANCE POLICYNUMBERPOLICYEFFECTIVEDATE(MM/DD/YY) POLICYEXPIRATIONDATE(MM/DD/YY) LIMITSAGENERALLIABILITY[x]COMMERCIALGENERALLIABILITY[x]CLAIMSMADE[x]OCCUR.[x]OWNER'S&CONTRACTOR'SPROT. GENERALAGGREGATE$1,000,000 PRODUCTSCOMP/OPAGG.$1,000,000 PERSONAL&ADV.INJURY$1,000,000 EACHOCCURRENCE$1,000,000FIREDAMAGE(Anyonefire) $MED. EXPENSE(Anyoneperson)$AAUTOMOBILELIABILITY SA
[x]ANYAUTOALLOWNEDAUTOSSCHEDULEDAUTOSHIREDAUTOSNON-OWNEDAUTOSGARAGELIABILITY MPLE COMBINEDSINGLE$1,000,000LIMITBODILYINJURY $(Perperson)BODILYINJURY $(Peraccident)PROPERTYDAMAGE $AEXCESSLIABILITYUMBRELLAFORMOTHERTHANUMBRELLAFORM EACHOCCURRENCE $AGGREGATE $AWORKERS'COMPENSATIONANDEMPLOYERS'LIABILITY STATUTORYLIMITSEACH ACCIDENT $1,000,000DISEASE-POLICYLIMIT$1,000,000DISEASE-EACHEMPLOYEE$1,000,000AOTHERDESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIALITEMSCERTIFICATEHOLDERCITYOFOXNARD℅EvidentID,Inc. 8520 Allison Pointe Blvd. Ste 223PMB5210Indianapolis,Indiana462500-4299US CANCELLATIONSHOULD ANY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THEISSUINGCOMPANYWILLENDEAVORTOMAIL30DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE LEFT,BUT FAILURE TOMAILSUCHNOTICE SHALLIMPOSE NOOBLIGATIONORLIABILITYOFANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.AUTHORIZEDREPRESENTATIVE 202
Agreement No.______________
pg. 26

GENERALLIABILITYSPECIALENDORSEMENT SUBMITINDUPLICATE
FORTHECITYOFOXNARD(the“City”) ENDORSEMENTNO. ISSUEDATE(MM/DD/YY) PRODUCER POLICYINFORMATION:InsuranceCompany:Policy No.:PolicyPeriod:(from) (to)LOSSADJUSTMENTEXPENSE□ IncludedinLimits□InAdditionto Limits Telephone: □Deductible □Self-InsuredRetention (check which) of $ with an Aggregate of $coverage. □Per OccurrenceNAMEDINSURED APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the namedinsured under all written agreements and permits in force with the City unless checked here □ in whichcase only the following specific agreements and permits with the City arecovered:

CITYAGREEMENTS/PERMITSTYPEOFINSURANCEGENERALLIABILITY□COMMERCIALGENERALLIABILITY□COMPREHENSIVEGENERALLIABILITY□OWNERS&CONTRACTORSPROTECTIVE □ClaimsMadeRetroactiveDate□Occurrence

OTHERPROVISIONS
COVERAGES LIABILITYLIMITSINTHOUSANDS$EACHOCCURRENCE AGGREGATE □GENERAL□PRODUCTS/COMPLETEDOPERATIONS□PERSONAL&ADVERTISINGINJURY□FIREDAMAGE□□ Underwriter=srepresentativeforclaimspursuanttothisinsurance.CLAIMS:Name:Address:

Telephone: ( )
In consideration of the premiumcharged and notwithstanding any inconsistent statement inthe policy to which this endorsement is attached or any endorsement nowor hereafter attached thereto, insurancecompany agrees as follows:

1. INSURED.The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products andactivities performed by or on behalf of the named insured.2. CONTRIBUTIONNOTREQUIRED.Asrespects:(a)work performed bythe namedinsuredfororonbehalfoftheCity;or(b)productssoldbythe namedinsuredtothe City;or(c)premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; orstand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage.In either event, any other insurance maintained by the City, its officers,agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.3. SEVERABILITY OF INTEREST.This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits ofliability.The inclusionof any personor organizationas an insured shall not affect any right whichsuchperson or organization would have as a claimant if not so included.4. CANCELLATION NOTICE.With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) daysprior written notice by receipted delivery has been given to the City.5. PROVISIONS REGARDING THE INSURED’S DUTIES.Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affectcoverage provided to the City, its officers, agents,employees or volunteers.6. SCOPEOFCOVERAGE.Thispolicy,ifprimary,affordscoverageatleastasbroadas:a. InsuranceServicesOfficeCommercialGeneralLiabilityCoverage,“occurrence”formCG0001;orb. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformCG0001.Exceptasstatedabovenothinghereinshallbeheldtowaive,alterorextendanyofthelimits,conditions,agreementsorexclusionsofthepolicytowhichthisendorsementisattached.

ENDORSEMENTHOLDER
CITYOFOXNARD℅EvidentID,Inc. 8520 Allison Pointe Blvd. Ste 223PMB5210Indianapolis,Indiana462500-4299US AUTHORIZEDREPRESENTATIVE□Broker/Agent □Underwriter □
I (print/type name), warrant that I have authority to bindthe above-mentioned insurance company and by my signature hereon do so bind this company tothisendorsement.

Signature (originalsignaturerequired)
Telephone:( ) DateSigned
203
Agreement No.______________
pg. 27

AUTOMOBILELIABILITYSPECIALENDORSEMENT SUBMITINDUPLICATE FORTHECITYOFOXNARD(the“City”) ENDORSEMENTNO. ISSUEDATE(MM/DD/YY) PRODUCER POLICYINFORMATION:InsuranceCompany:PolicyNo.:PolicyPeriod:(from) (to)LOSSADJUSTMENTEXPENSE □IncludedinLimits□InAdditiontoLimitsTelephone: □Deductible □Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage.□Per Occurrence □Per Claim (which)NAMEDINSURED APPLICABILITY.This insurance pertains to the operations, products and/or tenancy of thenamedinsuredunderallwrittenagreementsandpermitsinforcewiththeCityunlesschecked here□inwhichcaseonlythefollowingspecificagreementsandpermitswiththeCityarecovered:

CITYAGREEMENTS/PERMITS
TYPEOFINSURANCE OTHERPROVISIONS□COMMERCIALAUTOPOLICY□BUSINESSAUTOPOLICY□OTHERLIMITOF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.Name:Address:

Telephone:()
$ peraccident,forbodilyinjuryandpropertydamage.

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

1. INSURED.The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising fromthe operations, products andactivities performed by or on behalf of the named insured.2. CONTRIBUTIONNOTREQUIRED.As respects: (a)work performedby thenamed insured for oronbehalf of the City; or (b) productssold by thenamedinsured totheCity; or(c) premisesleased by the named insured from the City, the insurance afforded by this policy shall be primaryinsurance as respects the City,its officers, agents, employees or volunteers; orstand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage.In either event, any other insurance maintained by the City, its officers,agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.3. SEVERABILITY OF INTEREST.This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits ofliability.The inclusionof any personor organizationasan insured shall not affect any right whichsuchperson or organization would have as a claimant if not so included.4. CANCELLATION NOTICE.With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) daysprior written notice by receipted delivery has been given to the City.5. PROVISIONS REGARDING THE INSURED’S DUTIES.Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affectcoverage provided to the City, its officers, agents, employees or volunteers.6. SCOPEOFCOVERAGE.Thispolicy,ifprimary,affordscoverageatleastasbroadas:a. InsuranceServicesOfficeAutomobileLiabilityCoverage,“occurrence”formCA0001,code("anyauto");orb. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformreferencedintheprecedingsection(1).Exceptasstatedabovenothinghereinshallbeheldtowaive,alterorextendanyofthelimits,conditions,agreementsorexclusionsofthepolicytowhichthisendorsementisattached.

Signature (originalsignaturerequired)
Telephone:( ) DateSigned
204
Agreement No.______________
pg. 28

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY OF OXNARD and MACIAS GINI & O’CONNELL LLP)

FEDERAL FUNDING/GRANT REQUIREMENTS RIDER
[NOT APPLICABLE]
205
Agreement No.______________
pg. 29

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY OF OXNARD and MACIAS GINI & O’CONNELL LLP)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.

A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.

D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
206
Agreement No.______________
pg. 30

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E.

While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
207
Agreement No.______________
pg. 31

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY OF OXNARD and MACIAS GINI & O’CONNELL LLP)

PREVAILING WAGE
[NOT APPLICABLE]
208
Agreement No.______________
pg. 32

EXHIBIT G

PROFESSIONAL SERVICES AGREEMENT
(CITY OF OXNARD and MACIAS GINI & O’CONNELL LLP)

IRAN CONTRACTING CERTIFICATION
209
Agreement No.______________
pg. 33

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision
(b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed Executed in the County of in the State of
OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed Executed in the County of in the State of 210

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: May 20, 2025

TO: City Council

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

SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements, and Fund Balances.

RECOMMENDATION

That the City Council receive and file this report and accounting of all receipts, disbursements and fund balances for the month of March 2025.

(This item did not originate in Committee.)

BACKGROUND

California Government Code Section 41004 requires the City Treasurer to submit to the City Clerk and to file with the City’s legislative body each month, a written report and accounting of all receipts, disbursements and fund balances. City Finance staff and the City Treasurer have worked together on the formatting of these reports and staff is presenting it to comply with the requirements of California Government Code Section 41004.

DISCUSSION

The Chief Financial Officer and Finance Department currently post reports to the City’s public website showing a detailed accounting of all receipts (revenues), disbursements (expenses) and fund balances on a monthly basis. In addition, the Chief Financial Officer and Finance Staff maintain on the City’s public website a link to an interactive financial reporting tool containing a variety of detailed reports as well as a customizable, searchable and downloadable database containing current and historical records of all revenue, expenditures, cash balances and accounts payable transactions. These reports and tools will continue to be made available to the City Council and members of the public; however, this report and accounting is also being submitted to comply with California Government Code section 41004.

The percentage of the current fiscal year elapsed is 75% through March 2025. Please note that due to seasonal factors and fluctuations in the timing of inflows and outflows, cash and fund balances can change significantly from month to month. Specifically, revenues are not received and expenditures are not paid uniformly throughout the fiscal year. Certain revenue sources are received in two (2) large single payments such as Property Taxes which are received in April and December. The data provided in these reports and in the online financial reporting tool are unaudited as of the time the reports were created. For audited financial reports, Council and the public should refer to the City’s audited Annual Comprehensive Financial Report (ACFR). It should be noted that the revised budget amounts shown on the revenue and expense reports do not include prior year carryover for projects. This will be added when the prior fiscal year is finalized.

The attached Revenue Reports lists by fund, and by account within each fund, the fiscal year to date and monthly revenues for March 2025. The report includes the original fiscal year budget appropriation and the current revised 211
budget as well as the amount of budget remaining and the percent of budget recognized to date. The “Encumbrances” column does not apply to revenues. This report is generated by the City’s ERP financial system which recognizes revenue entries as a credit per accounting standards, which is why they appear on the report preceded by a “minus” symbol.

The attached Expense Report lists by fund, and by object code (i.e., expense category) within each fund, the monthly and fiscal year to date expenditures for March 2025. A list of the City’s object codes can be found in the Online Financial Reporting Tool on the City’s website at the following link: chart of accounts. As with the Revenue Report, this report also includes the current year’s adopted budget and current revised budget as well as amounts that have been encumbered (committed) against a particular expense object, the amount of budget remaining for the year, and the percent of budget used to date.

The attached Balance Sheet Report lists by fund, and where applicable, by sub-fund, the total assets, liabilities (if any) and fund balance as of the end of each month once all accounting entries for that month have been posted. This report includes the current balance for each account type (asset, liability, fund balance) as well as the change from the prior month. Following the accounting standard of assets = liabilities + equity (equity = fund balance for a city), the normal account balance dictates the sign of the entry: assets are debits (+), liabilities are credits (-), and fund balance either debit or credit with (-) indicating a positive fund balance and (+) indicating a negative fund balance.

The monthly unaudited financial reports can be found in the City’s website scrolling down to the Monthly Financial Report section after opening the following link:
https://www.oxnard.gov/finance/financial-reporting

Finance Department staff has also prepared the following summary of the year to date data as of March 31, 2025 for the General Fund, Enterprise Funds and All Funds.

212

213
Notable areas of interest include:

General Fund-By Department

• Franchise Tax
o Franchise tax revenue is currently at 15.1% of the budgeted annual amount. Revenue received from Southern California Edison Company and Southern California Gas Company represents over 65% of the City’s annual total in this area. That revenue is received in the month of April. • Investment Income
o Investment income is currently at 138.9% of the budgeted annual amount. Investment income for the fiscal year 2024-2024 was budgeted under the assumptions that interest rates would decrease in the current fiscal year.
• Miscellaneous
o Miscellaneous revenue is currently at 130.4% of the budgeted annual amount. The main drivers of this revenue are continued monthly contributions being made for Ormond Beach development and increased Mutual Aid funds received to date.
• Community Development
o Overall expenses in Community Development are currently at 54.2% of the budgeted annual amount. Numerous vacancies in Code Compliance and Engineering positions have led to reduced personnel costs.
• Non-Departmental
o This category includes the City Council approved payments ($20 million) toward long term pension debt that have yet to be paid. The contributions to the 115 trusts and CalPERS will be made before the end of the fiscal year.

214

215
General Fund-By Expenditure
• Capital Expenditures
o Overall expenses in Capital expenditures are currently at 10.6% of the budgeted annual amount.

Difficulties in vehicle and equipment acquisition have led to reduced costs in this area. • Financing
o This category includes debt service for which the principal is paid in the last quarter of the fiscal year.

216
Enterprise Funds
• Miscellaneous
o The budget amount of $85,609,951 included debt proceeds from the State Revolving Fund and the Water Infrastructure Finance and Innovation Act (WIFIA) programs that have not been received yet.
• Capital Expenditures
o This category includes appropriations for multi-year projects that have not yet begun and/or been completed.
• Financing
o This category includes debt service for which the principal is paid in the last quarter of the fiscal year.

217

All Funds
• Grant Revenue
o The budgeted amount includes the full appropriation for the Rice avenue overpass in the amount of $98 million. This grant will be received over the multiple years as the project is executed.

218

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: Javier Chagoyen-Lazaro, Chief Financial Officer

ATTACHMENTS

1. FY2024-25 Revenue for March 2025

2. FY2024-25 Expense for March 2025

3. FY 2024-25 Fund Balance for March 2025

219
City of Oxnard

YEAR-TO-DATE BUDGET REPORT
Report generated: 05/01/2025 14:12
User: jim.costello
Program ID: glytdbud

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Oxnard City CouncilMay 20, 2025

Oxnard City Council
May 20, 2025