Agenda packet — Oxnard City Council, June 3, 2025 (part 3 of 4)

greater than can conveniently be raised from a single assessment and, as a result, will be collected in installments. General descriptions of these improvements, as well as the estimated costs thereof, the number of annual installments and years during which they are to be collected, and the maximum amount of each annual installment, are described in the Exhibit B attached hereto and incorporated herein by reference as though fully set forth. Moneys collected from the annual installments shall be accumulated in the improvement fund until there are sufficient moneys to pay all or part of the cost of the improvements.

6. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

7. Effective Date. This Resolution shall be effective immediately upon adoption.

8. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
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Resolution Initiating Proceedings LMDs FY 2025-26

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Luis A. Mc Arthur, Mayor
ATTEST:
_____________________________
Lourdes A. Lopez, City Clerk
APPROVED AS TO FORM:
_____________________________________
Stephen M. Fischer, City Attorney
591
Resolution No.

Resolution Initiating Proceedings LMDs FY 2025-26

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EXHIBIT A

CITY OF OXNARD

LANDSCAPE MAINTENANCE DISTRICTS
District Name
Formation
Date Resolution No.

Landscape Maintenance District No. 3
(River Ridge) March 18, 1986 8983
Landscape Maintenance District No. 10
(Country Club Estates)
December 13, 1988 9587
Landscape Maintenance District No. 11
(St. Tropez)
January 3, 1989 9603
Landscape Maintenance District No. 12
(Standard Pacific) March 28, 1989 9665
Landscape Maintenance District No. 13
(Le Village) March 20, 1990 9894
Landscape Maintenance District No. 14
(California Cove)
June 5, 1990 9972
Landscape Maintenance District No. 16
(California Lighthouse)
July 9, 1991 10206
Landscape Maintenance District No. 23
(Greystone)
June 18, 1996 11071
Landscape Maintenance District No. 24
(Vineyards)
June 18, 1996 11072
Landscape Maintenance District No. 25
(The Pointe)
June 18, 1996 11073
Landscape Maintenance District No. 27
(Rose Island)
June 24, 1997 11259
Landscape Maintenance District No. 28
(Harborside)
June 24, 1997 11260
Landscape Maintenance District No. 30
(Haas Automation)
June 24, 1997 11261
Landscape Maintenance District No. 31
(Rancho De La Rosa)
June 23, 1998 11415
Landscape Maintenance District No. 32
(Oak Park)
February 23, 1999 11505
Landscape Maintenance District No. 33
(El Paseo)
October 19, 1999 11653
Landscape Maintenance District No. 34
(Sunrise Pointe & Sunset Cove)
October 19, 1999 11654
Landscape Maintenance District No. 36
(Villa Santa Cruz & Villa Carmel)
January 25, 2000 11684
Landscape Maintenance District No. 37
(Pacific Breeze)
January 25, 2000 11685
592
Resolution No.

Resolution Initiating Proceedings LMDs FY 2025-26

Page 5 ends

District Name
Formation
Date Resolution No.

Resolution Initiating Proceedings LMDs FY 2025-26

Page 6 ends

EXHIBIT B

CITY OF OXNARD

LANDSCAPE MAINTENANCE DISTRICT PROJECTS
594
Account
Code District Project Name Annual Installments FY 25/26 Project Total FY 26/27 Project Total FY 27/28 Project Total FY 28/29 Project Total FY 29/30 Project Total 5‐Year Estimated Total Expense Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation $2,189.00 $0.00 $2,189.00 $0.00 $0.00 $0.00 $2,189.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation Installation
Landscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation Installation
Landscape Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Project Subtotal
Annual Installment Totals
22503801 LMD No. 25 (The Pointe) $0.00
Project Subtotal
Annual Installment Totals
$0.00
Project Subtotal
$0.00
Project Subtotal
Annual Installment Totals
22303801 LMD No. 23 (Greystone) $0.00
Project Subtotal
$0.00
Project Subtotal
Annual Installment Totals
21203801
LMD No. 12 (Standard
Pacific) $0.00
Project Subtotal
Annual Installment Totals
21303801 LMD No. 13 (Le Village) $2,189.00
20303801 LMD No. 3 (River Ridge) $0.00
Project Subtotal
Annual Installment Totals
21003801
LMD No. 10 (Country Club
Estates) $0.00
Project Subtotal
LMD No. 11 (St. Tropez)
Project Subtotal
Annual Installment Totals
21403801
LMD No. 14 (California
Cove)
Annual Installment Totals
22403801 LMD No. 24 (Vineyards)
Annual Installment Totals
21103801
Annual Installment Totals
21603801
LMD No. 16 (California
Lighthouse)
595
Account
Code District Project Name Annual Installments FY 25/26 Project Total FY 26/27 Project Total FY 27/28 Project Total FY 28/29 Project Total FY 29/30 Project Total 5‐Year Estimated Total Expense Irrigation InstallationLandscape InstallationSidewalk Installation; Wall/Fencing Installation $5,000.00 $15,000.00 $0.00 $0.00 $15,000.00 $0.00 $0.00 $15,000.00
$5,000.00 $5,000.00 $5,000.00 $0.00 $0.00 $15,000.00
Irrigation InstallationLandscape InstallationSidewalk Installation; Wall/Fencing Installation $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationSidewalk Installation; Wall/Fencing Installation $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, mailbox enclosures) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, walls, park) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationFencing Installation Sidewalk Installation
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationSidewalk Installation $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Irrigation InstallationLandscape Installation
Amenities Installation (sidewalks, lights, walls, fencing) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Project Subtotal
Annual Installment Totals
$0.00
Project Subtotal
Annual Installment Totals
23303801 LMD No. 33 (El Paseo) $0.00
Project Subtotal
Annual Installment Totals
23403801
LMD No. 34 (Sunrise
Pointe & Sunset Cove) $0.00
$0.00
Project Subtotal
Annual Installment Totals
23003801
LMD No. 30 (Haas
Automation) $0.00
Project Subtotal
Annual Installment Totals
23103801
LMD No. 31 (Rancho De La
Rosa) $0.00
22703801 LMD No. 27 (Rose Island) $15,000.00
Project Subtotal
Annual Installment Totals
22803801 LMD No. 28 (Harborside)
Project Subtotal
Annual Installment Totals
23203801 LMD No. 32 (Oak Park)
Project Subtotal
Annual Installment Totals
23603801
LMD No. 36 (Villa Santa
Cruz & Villa Carmel)
596
Account
Code District Project Name Annual Installments FY 25/26 Project Total FY 26/27 Project Total FY 27/28 Project Total FY 28/29 Project Total FY 29/30 Project Total 5‐Year Estimated Total Expense Irrigation Installation $6,500.00 $18,000.00
Landscape InstallationSidewalk Installation $45,000.00
$45,000.00 $18,000.00 $0.00 $0.00 $0.00 $63,000.00$51,500.00 $6,500.00 $0.00 $0.00 $0.00 $58,000.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, lights, walls) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, mailboxes, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, mailboxes, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, monument signs, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation
Amenities Installation (sidewalks, fencing, lights)
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, lights, trash cans, arbors) LMD 43 Greenbelt Lighting Replacement Project (C2407) $115,000.00 $115,000.00 $115,000.00 $0.00 $0.00 $0.00 $0.00 $115,000.00$115,000.00 $0.00 $0.00 $0.00 $0.00 $115,000.00 $0.00
Project Subtotal
Annual Installment Totals
24203801
LMD No. 42 (Cantabria &
Coronado) $0.00
$115,000.00
Project Subtotal
Annual Installment Totals
24103801 LMD No. 41 (Pacific Cove)
$0.00
Project Subtotal
Annual Installment Totals
23913801 LMD No. 39 (DR Horton) $0.00
$0.00
Project Subtotal
Annual Installment Totals
23903801
LMD No. 39 (Promesa &
Sueno)
23703801
LMD No. 37 (Pacific
Breeze) $63,000.00
Project Subtotal
Annual Installment Totals
23803801
LMD No. 38 (Aldea Del
Mar) $0.00
Project Subtotal
Annual Installment Totals
24003801 LMD No. 40 (Cantada)
Project Subtotal
Annual Installment Totals
24303801 LMD No. 43 (Greenbelt)
Project Subtotal
Annual Installment Totals
597
Account
Code District Project Name Annual Installments FY 25/26 Project Total FY 26/27 Project Total FY 27/28 Project Total FY 28/29 Project Total FY 29/30 Project Total 5‐Year Estimated Total Expense Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, lights, mailboxes, playground) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, monument signs, lights, mailboxes) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationSidewalk Installation $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, monument signs, lights, playground) $38,750.00 $155,000.00 $0.00 $0.00 $155,000.00 $0.00 $0.00 $155,000.00
$38,750.00 $38,750.00 $38,750.00 $0.00 $0.00 $116,250.00 Irrigation InstallationLandscape Installation $3,000.00 $15,000.00Amenities Installation (sidewalks, fencing, mailboxes, lights) $6,000.00 $30,000.00 $0.00 $0.00 $0.00 $45,000.00 $0.00 $45,000.00
$9,000.00 $9,000.00 $9,000.00 $9,000.00 $0.00 $36,000.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, mailboxes, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing) $5,000.00 $15,000.00 $0.00 $15,000.00 $0.00 $0.00 $0.00 $15,000.00
$5,000.00 $5,000.00 $0.00 $0.00 $0.00 $10,000.00
$0.00
Project Subtotal
Annual Installment Totals
25403801
LMD No. 54
(Meadowcrest Villas) $15,000.00
Annual Installment Totals
Project Subtotal
$0.00
Project Subtotal
Annual Installment Totals
25103801 LMD No. 51 (Pfeiler) $155,000.00
$45,000.00
Project Subtotal
Annual Installment Totals
Project Subtotal
Annual Installment Totals
25203801 LMD No. 52 (Wingfield)
24603801 LMD No. 46 (Daily Ranch) $0.00
Project Subtotal
Annual Installment Totals
24703801
LMD No. 47 (Sycamore
Place) $0.00
$0.00
Project Subtotal
Annual Installment Totals
24903801
LMD No. 49 (Cameron
Ranch)
Project Subtotal
Annual Installment Totals
25003801
LMD No. 50 (Pleasant
Valley Senior Housing)
25303801 LMD No. 53 (Huff Court)
598
Account
Code District Project Name Annual Installments FY 25/26 Project Total FY 26/27 Project Total FY 27/28 Project Total FY 28/29 Project Total FY 29/30 Project Total 5‐Year Estimated Total Expense Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, fencing, mailboxes, lights) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape InstallationAmenities Installation (sidewalks, lights, fencing) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Irrigation InstallationLandscape Installation $754.00
Amenities Installation (sidewalks, lights, fencing, trash containers, arbors) $0.00 $754.00 $0.00 $0.00 $0.00 $754.00
Annual Installment Totals $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Project Subtotal
Annual Installment Totals
25803801 LMD No. 58 (Westwind) $0.00
Project Subtotal
Annual Installment Totals
26003801 LMD No. 60 (Artisan) $754.00
25503801
LMD No. 55 (Wingfield
West)
Project Subtotal
599

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA, APPROVING A CONSOLIDATED ENGINEER’S REPORT REGARDING ASSESSMENTS AGAINST REAL PROPERTY FOR FISCAL YEAR 2025-26 IN CONNECTION WITH THE CITY’S LANDSCAPE MAINTENANCE DISTRICTS
WHEREAS, the City Council of the City of Oxnard has, by prior resolutions, established a number of Landscape Maintenance Districts (collectively the “Assessment Districts”) pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 et seq.) (the “Act”); and
WHEREAS, a complete list of the Assessment Districts is attached hereto as Exhibit A and incorporated herein by reference as though fully set forth; and WHEREAS, in connection with each of the Assessment Districts, the City levies an annual assessment against real property to fund public improvements that specially benefit the parcels located in that Assessment District; and
WHEREAS, the City has engaged NBS (the “Assessment Engineer”) to provide assessment engineering services in connection with the Assessment Districts; and WHEREAS, by prior resolution the City Council ordered the Assessment Engineer to prepare and file reports pursuant to Section 22565 et seq. of the Act with respect to the FY 2025-26 levy of assessments for each of the Assessment Districts; and
WHEREAS, the Assessment Engineer has prepared and filed a consolidated report entitled “City of Oxnard Fiscal Year 2025-26 Consolidated Engineer’s Report for Landscape Maintenance Districts,” (the “Report”) which is on file in the Office of the City Clerk, available for public inspection, and the Report is incorporated herein by this reference; and WHEREAS, the City Council now desires to approve the Report NOW, THEREFORE, the City Council of the City of Oxnard resolves:

1. Recitals. The above recitals are all true and correct and incorporated herein by this reference.

2. Approval of Report. The City Council hereby approves the Report as filed.

3. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that 600
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Page 2 ends

it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

6. Effective Date. This Resolution shall be effective immediately upon adoption.

7. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.

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

AYES:

NOES:

ABSENT:

Resolution Approving Consolidated Engineers Report FY 2025-26

Page 3 ends

EXHIBIT A

CITY OF OXNARD

LANDSCAPE MAINTENANCE DISTRICTS
Formation
District Name
Date Resolution No.

Landscape Maintenance District No. 3
(River Ridge) March 18, 1986 8983
Landscape Maintenance District No. 10
(Country Club Estates) December 13, 1988 9587
Landscape Maintenance District No. 11
(St. Tropez) January 3, 1989 9603
Landscape Maintenance District No. 12
(Standard Pacific) March 28, 1989 9665
Landscape Maintenance District No. 13
(Le Village) March 20, 1990 9894
Landscape Maintenance District No. 14
(California Cove) June 5, 1990 9972
Landscape Maintenance District No. 16
(California Lighthouse) July 9, 1991 10206
Landscape Maintenance District No. 23
(Greystone) June 18, 1996 11071
Landscape Maintenance District No. 24
(Vineyards) June 18, 1996 11072
Landscape Maintenance District No. 25
(The Pointe) June 18, 1996 11073
Landscape Maintenance District No. 27
(Rose Island) June 24, 1997 11259
Landscape Maintenance District No. 28
(Harborside) June 24, 1997 11260
Landscape Maintenance District No. 30
(Haas Automation) June 24, 1997 11261
Landscape Maintenance District No. 31
(Rancho De La Rosa) June 23, 1998 11415
Landscape Maintenance District No. 32
(Oak Park) February 23, 1999 11505
Landscape Maintenance District No. 33
(El Paseo) October 19, 1999 11653
Landscape Maintenance District No. 34
(Sunrise Pointe & Sunset Cove) October 19, 1999 11654
Landscape Maintenance District No. 36
(Villa Santa Cruz & Villa Carmel) January 25, 2000 11684 Landscape Maintenance District No. 37
(Pacific Breeze) January 25, 2000 11685
602
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Page 4 ends

Formation
District Name
Date Resolution No.

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA,

DECLARING ITS INTENTION TO LEVY ASSESSMENTS AGAINST REAL PROPERTY FOR FISCAL YEAR 2025-26 IN CONNECTION WITH THE CITY’S LANDSCAPE

MAINTENANCE DISTRICTS
WHEREAS, the City Council of the City of Oxnard has, by prior resolutions, established a number of Landscape Maintenance Districts (collectively the “Assessment Districts” and each an “Assessment District”) pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 et seq.) (the “Act”); and
WHEREAS, a complete list of the Assessment Districts is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, in connection with each of the Assessment Districts, the City levies an annual assessment against real property to fund landscape maintenance that specially benefits the parcels located in that Assessment District; and
WHEREAS, the City has engaged NBS (the “Assessment Engineer”) to provide assessment engineering services in connection with the Assessment Districts; and WHEREAS, by prior resolution the City Council ordered the Engineer to prepare and file reports pursuant to Section 22565 et seq. of the Act with respect to the FY 2025-26 levy of assessments in connection with each of the Assessment Districts; and WHEREAS, by prior resolution the City Council approved as filed a consolidated report of the Assessment Engineer entitled “City of Oxnard Fiscal Year 2025-26 Consolidated Engineer’s Report for Landscape Maintenance Districts” (the “Report”), which is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference; and WHEREAS, the City Council desires to declare its intention to levy the assessments for FY 2025- 26 as described in the Report.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

1. Recitals. The above recitals are all true and correct.

2. Declaration of Intent. The City Council hereby declares its intention to levy and collect assessments for FY 2025-26 within each Assessment District.

3. Name and Location of Assessment Districts. The name of each Assessment District is set forth in Exhibit A. The locations of each Assessment District are generally described in the name of the Assessment District and more specifically described in the Report. 604
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Page 2 ends

4. Description of Improvements. Each Assessment District will fund landscape improvements, including, to the extent authorized by the formation documents for the District, associated hardscape, ornamental improvements, benches, lighting and other appurtenances. No substantial change to the improvements is proposed to be made for FY 2025-26.

5. Reference to Report. Reference is made to the Report for a full and detailed description of (i) the landscape improvements; (ii) the boundaries of the Assessment Districts; and (iii) the proposed assessments upon assessable lots and parcels of land within the Assessment Districts. The Report describes, among other things, each affected parcel of real property and the amount of the assessment for each such affected parcel for FY 2025-26.

6. As set forth in more detail in the Report, the assessments in connection with some of the Assessment Districts will be higher than in FY 2024-25. In no case will the rates for an Assessment District be higher than the maximum assessment rate previously approved for the Assessment District, as adjusted by any previously approved CPI adjustment.

7. Public Hearing. On June 17, 2025 at 6:00 p.m. or as soon thereafter as practical, in the City Council Chambers, at 305 West Third Street, Oxnard, California, the City Council will hold a full and fair public hearing on the question of the levy of the proposed assessments for FY 2025-26 (the “Hearing”). At the Hearing, the City Council will also hear and consider any objections or protests to the Report.

8. Notice. Notice of the Hearing shall be given in the manner set forth in Section 22626(a) of the Act.

9. Protest. Pursuant to Section 22628 of the Act, any interested person may, prior to the conclusion of the Hearing, file a written protest with the City Clerk of the City of Oxnard or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the property owner.

10. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

11. Effective Date. This Resolution shall be effective immediately upon adoption.

12. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
605
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Resolution Declaring the Intent to Levy FY 2025-26 (ROI)

Page 3 ends

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

AYES:

NOES:

ABSENT:

Resolution Declaring the Intent to Levy FY 2025-26 (ROI)

Page 4 ends

EXHIBIT A

CITY OF OXNARD

LANDSCAPE MAINTENANCE DISTRICTS
Formation
District Name
Date Resolution No.

Landscape Maintenance District No. 3
(River Ridge) March 18, 1986 8983
Landscape Maintenance District No. 10
(Country Club Estates) December 13, 1988 9587
Landscape Maintenance District No. 11
(St. Tropez) January 3, 1989 9603
Landscape Maintenance District No. 12
(Standard Pacific) March 28, 1989 9665
Landscape Maintenance District No. 13
(Le Village) March 20, 1990 9894
Landscape Maintenance District No. 14
(California Cove) June 5, 1990 9972
Landscape Maintenance District No. 16
(California Lighthouse) July 9, 1991 10206
Landscape Maintenance District No. 23
(Greystone) June 18, 1996 11071
Landscape Maintenance District No. 24
(Vineyards) June 18, 1996 11072
Landscape Maintenance District No. 25
(The Pointe) June 18, 1996 11073
Landscape Maintenance District No. 27
(Rose Island) June 24, 1997 11259
Landscape Maintenance District No. 28
(Harborside) June 24, 1997 11260
Landscape Maintenance District No. 30
(Haas Automation) June 24, 1997 11261
Landscape Maintenance District No. 31
(Rancho De La Rosa) June 23, 1998 11415
Landscape Maintenance District No. 32
(Oak Park) February 23, 1999 11505
Landscape Maintenance District No. 33
(El Paseo) October 19, 1999 11653
Landscape Maintenance District No. 34
(Sunrise Pointe & Sunset Cove) October 19, 1999 11654
Landscape Maintenance District No. 36
(Villa Santa Cruz & Villa Carmel) January 25, 2000 11684 Landscape Maintenance District No. 37
(Pacific Breeze) January 25, 2000 11685
607
Resolution No.

Resolution Declaring the Intent to Levy FY 2025-26 (ROI)

Page 5 ends

Formation
District Name
Date Resolution No.

Landscape Maintenance District No. 38
(Aldea Del Mar) November 28, 2000 11863
Landscape Maintenance District No. 39
(Promesa/Sueno & DR Horton/Seawinds) March 6, 2001 11905 Landscape Maintenance District No. 40
(Cantada) January 8, 2002 12078
Landscape Maintenance District No. 41
(Pacific Cove) January 8, 2002 12079
Landscape Maintenance District No. 42
(Cantabria & Coronado) May 14, 2002 12144
Landscape Maintenance District No. 43
(Greenbelt) January 7, 2003 12295
Landscape Maintenance District No. 46
(Daily Ranch) June 24, 2003 12440
Landscape Maintenance District No. 47
(Sycamore Place) April 22, 2003 12355
Landscape Maintenance District No. 49
(Cameron Ranch) June 3, 2003 12394
Landscape Maintenance District No. 50
(Pleasant Valley Senior Housing) June 10, 2003 12404
Landscape Maintenance District No. 51
(Pfeiler) April 19, 2005 12799
Landscape Maintenance District No. 52
(Wingfield) February 1, 2005 12768
Landscape Maintenance District No. 53
(Huff Court) June 7, 2005 12879
Landscape Maintenance District No. 54
(Meadowcrest) March 28, 2006 13024
Landscape Maintenance District No. 55
(Wingfield West) March 28, 2006 13025
Landscape Maintenance District No. 58
(Westwind) June 6, 2006 13069
Landscape Maintenance District No. 60
(Artisan) March 3, 2009 13604
608
609
610
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 49 54
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
611
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
612
Fiscal Year 2025-26 Landscape Maintenance
Districts Initiation of Proceedings to Levy
Assessments, Approval of a Consolidated
Engineers Report and Declaration of Intention
to Levy Assessments.

City Council
June 3, 2025
Public Hearing
June 17, 2025
Anthony Miller
Special Districts Manager
613
That the City Council acting as the legislative body of the City of Oxnard Landscape Maintenance Districts (LMDs):

1. Adopt “A Resolution of the City Council of the City of Oxnard, California, initiating proceedings to levy assessments against real property for Fiscal Year 2025-26 in connection with the City’s Landscape Maintenance Districts”;

2. Adopt “A Resolution of the City Council of the City of Oxnard, California, approving a Consolidated Engineer’s Report regarding assessments against real property for Fiscal Year 2025-26 in connection with the City’s Landscape Maintenance Districts”;

3. Adopt “A Resolution of the City Council of the City of Oxnard, California, declaring its intention to levy assessments against real property for Fiscal Year 2025-26 in connection with the City’s Landscape Maintenance Districts” setting the Public Hearing for June 17, 2025;

4. Approve a one-time fund balance contribution from the General Fund to LMD-49 in the amount of $54,802 as outlined in this staff report; and

5. Approve a distribution of LMD-54 reserve fund balance in the amount of $31,386 to the equivalent benefit units in LMD-54 as outlined in this staff report.

RECOMMENDATION 2
614
MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD 3
More information can be
found at:
www.oxnard.gov/publicworks/special-districts
615
• The Special Districts Division of the Public Works Department manages 50 Special Financing Districts which includes 36 LMDs.
• The City has allowed property owners (i.e. developers) to use special financing districts (e.g. LMDs) to fund the annual cost of maintaining certain public improvements that benefit the properties within the district.
• Typically, the developer installed the public improvements at the time of development and benefiting property owners pay for the cost of maintaining the improvements (i.e., special benefit) through a special assessment included on the property’s annual property tax bill.

BACKGROUND 4
616
• Revenue received from the assessment funds the cost to provide the Special Benefit, as outlined in the Consolidated Engineer’s Report
• Assessments are levied annually and collected on the property tax roll. Each year, the City Council must conduct proceedings to levy the assessments.
• Revenue received from the assessments partially funds the ongoing maintenance of public improvements provided by each district and, in some cases, is collected for future work that is conducted on a less than annual basis.

BACKGROUND 5
617
• If adopted by City Council, the Resolutions will:
1) initiate proceedings to levy the annual assessments; 2) approve the Consolidated Engineer’s Report for the
districts; and
3) declare the intent to levy assessments on the FY 2025-26 property tax roll. As a part of the resolution declaring the intent to levy, a public hearing date is set (June 17, 2025) where a resolution confirming diagrams and assessments will be
considered.
• This is a process that is required each year.

BACKGROUND 6
618
• Based upon the discussion that occurred at the May 13th, 2025 Finance and Governance (F&G) Committee, the staff
report contains minor edits from the version that was
presented at the Committee.
• These edits resulted in a slight adjustment to the assessments of some of the Districts (e.g., increased their assessments from what was proposed in the F&G Committee staff report) and increased the General Benefit contribution amount.
• Additionally, the Engineer’s Report has been adjusted to reflect these changes and includes the correction to one error in table 6.3.1 for LMD No. 37.

DISCUSSION 7
619
• The Landscaping and Lighting Assessment Act of 1972
requires the City Council to annually Initiate Proceedings by Resolution, approve the Consolidated Engineers Report
through a Resolution, and state the Council’s Intent to Levy the annual assessment through a Resolution
• In compliance with the Act, an annual review and evaluation of each district’s revenues and expenditures, contained in the Consolidated Engineer’s Report, is conducted.
• This Report consolidates the City’s 36 LMDs into a single report, but evaluates each district individually.

DISCUSSION 8
620
• The Report includes a description of the improvements, the projected annual maintenance costs, and funding to be
collected for projects done on a less than annual basis, if any, the method of assessment apportionment for each lot or
parcel within each district’s boundaries, and a diagram showing the parcels within that district.
• The Act also permits the City to raise the cost of certain work in an LMD through installments collected over up to five (and sometimes more) years. The use of installments in connection with an LMD allows the City to spread the cost of a planned “project” expenditure over several years
DISCUSSION 9
621
• This mechanism smooths out the annual assessment rates in the LMD, so that the rates don’t spike in the year a large expenditure is expected to occur.
• It also allows work that is most efficiently done all at once, such as the installment of an entire sprinkler system or concrete path, to be done in a single year, rather than spreading the work over a number of years because the
maximum allowable assessment rate for the LMD is
insufficient to fund all the work in the same year.
• The City uses this mechanism for work that is done less often than annually in an LMD; installments are not used for routine maintenance and operating expenses that occur in the LMD each year.

DISCUSSION 10
622
• At the May 13, 2025, F&G Committee meeting, there was a discussion about the types of work that the City funds using installments. Based on this feedback, less-than-annual tree trimming has been removed from the plans for “project” that will be funded through installments.
• This periodic tree-trimming work is now included in the applicable LMD’s annual operating budget. This change has increased applicable operating budgets to address the
necessary partial tree trimming within each LMD, now on a partial basis.

DISCUSSION 11
623
• Unfortunately, this change will likely have a long-lasting impact on property owners since it has a high probability of increasing future annual assessments due to the inability to take
advantage of economies of scale from tree contractors.
• For example, by saving installments and taking advantage of trimming in a single year, LMD 34 would typically be charged $30,732 to prune the district’s trees. However, by not saving installments and doing some trimming each year, the
cumulative total would grows to $39,530.
• Other projects remaining within the project plan exclusively include the installation of new improvements. Further detail has also been added to the report to delineate project reserve balances from projected operating reserve balances.

DISCUSSION 12
624
• The Report also provides an analysis of each district’s annual financial status.
• It separates and apportions the cost of General Benefit, other costs funded by a non-assessment fund, and the cost of
Special Benefit to the benefiting properties is funded by the applied assessment rate.
• The actual services provided to each district varies from district to district and are based upon the property owner approved services and funding.

DISCUSSION 13
625
• The applied assessment rate is the amount needed to fund the services of each district and is the amount actually levied on the property tax roll.
• It cannot exceed the maximum assessment rate that was originally approved for each district.
• After completing an individual analysis of each district’s current level of service, anticipated expenditures, fund balance, assigned reserve levels, and future work, it is recommended to set the applied rates as set forth in the Report.

DISCUSSION 14
626
• Parcel specific detail of the proposed maximum and applied assessment is included in the Report as linked and is also available from the City Clerk’s office and accessible from the City’s website (www.oxnard.gov).
• Costs considered to be of General Benefit, as defined in the Report, are not allowed to be assessed to the properties and therefore are apportioned as a non-assessment fund expense. • The General Fund is proposed to cover additional costs, including a one-time contribution to LMD 49, which are outlined in the Fiscal Impact section of this Report.
• The FY 2025-26 Proposed Operating Budget includes funds necessary to cover these costs.

DISCUSSION 15
627
• Additionally, LMD 54 is projected to have too high of a fund balance than allowed and subsequently, will be providing refunds to property owners within the district. The specific amount is outlined in the Fiscal Impact section of this Report. • Funds received for the benefit of each district are restricted and can only be used within the district and for the purposes for which they were collected.

DISCUSSION 16
628
• Some of the District’s applied assessment rates are proposed to increase from last year while others are expected to decrease. This is due to changes in expected maintenance expenses, completion of scheduled projects, services such as tree trimming, sidewalk grinding, removal and replacement of displaced sidewalks, irrigation repair, electrical systems repair, and lighting repair and replacement.
• In no district is the assessment levied at a rate that is higher than the maximum assessment.
• The deadline for delivering the assessment information to Ventura County is July 7, 2025.

DISCUSSION 17
629
• For FY 2025-26, the proposed assessment calculations are as follows (rounded):
• $1,766,715 in real property assessments;
• $116,451 interest income;
• a general benefit contribution of $239,600 from the
General Fund;
• a subsidy from the General Fund of $101,418 for utilities; • a one-time assessment refund to property owners in LMD 54 in the total amount of $31,386; and
• a one-time general fund contribution to LMD-49 in the amount of $54,802 in order to balance the District’s fund.

FINANCIAL IMPACT 18
630

QUESTIONS
19 631

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2
DATE: June 3, 2025
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Ordinance Designating Fire Hazard Severity Zones. (20 minutes)

RECOMMENDATION
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, ADDING CHAPTER 14, ARTICLE XIX TO THE OXNARD CITY CODE DESIGNATING FIRE HAZARD SEVERITY ZONES.” (This item did not originate in Committee.)
Please click on the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/AkEtlKjFFvs

BACKGROUND
The California Department of Forestry and Fire Protection (CAL FIRE) through the Office of The State Fire Marshal (OSFM) recently updated the statewide Fire Hazard Severity Zone (FHSZ) maps to identify areas within the state with elevated fire hazards due to wildfires. The City of Oxnard is required by state law to adopt the OSFM recommended FHSZ maps within 120 days of release by the OSFM, which occurred on March 10, 2025.

The FHSZ maps classify lands within state and local responsibility areas into fire hazard severity zones. Each zone designation is based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the OSFM as a major cause of wildfire spread. This most recent fire hazard mapping process incorporated new science into local climate data and utilized improved fire assessment modeling to categorize areas of the state into four possible hazard ratings: no hazard, moderate, high, and very high.

The fire hazard severity model for wildland fire hazards has two key elements: the probability of an area burning and the expected fire behavior under extreme fuel and weather conditions. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period.

Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.

FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included.

It is important to emphasize that a FHSZ map evaluates “hazard,” not “risk”. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction. It is unlikely that insurance risk models specifically call out CAL FIRE Fire Hazard Severity Zones as a factor in establishing insurance rates, but much of the same data that is used in the fire hazard severity 632
zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many additional factors and factors that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10 plus years. As such, although the underlying factors used to establish fire severity hazards may be used in insurance company risk modeling, these risk assessments have likely already been factored into insurance industry risk maps prior to the release of these most recent FHSZ maps.

DISCUSSION
The attached Ordinance includes FHSZ map exhibits labeled as Figures 1-8, which provide both overall and enlarged views of the FHSZ maps for the City of Oxnard. With the release of this new FHSZ map, the City of Oxnard now has areas mapped as ‘moderate’ and ‘high’ fire hazard severity zones. However, there are no areas within city boundaries that are mapped as a ‘very high’ fire hazard severity zone. There are a total of 421 parcels mapped as a High FHSZ and 167 parcels mapped as a Moderate FHSZ within city limits. The City of Oxnard cannot lessen the fire hazard severity of any parcel, however in some areas, the maps found in Figures 1-8 have been modified by expanding the FHSZ designation to the edges of the affected parcels so as to more clearly indicate the FHSZ category of each parcel.

As can be seen from the FHSZ map exhibits, the fire hazards are concentrated along the Santa Clara River, the Harbor Blvd. corridor, and in the Ormond Beach areas of the city. The previous FHSZ map, dating from 2007, did not indicate any areas of fire hazard within the City of Oxnard, which is a reflection of updated climate data, modeling techniques, and fire history data.

Attachment 2 graphically indicates the minimum requirements for different areas mapped with a given FHSZ category.

The relevant information on this exhibit can be found under the “LRA” column, which stands for the Local Responsibility Area. Both of the severity zones found within the City of Oxnard require the adoption of the FHSZ maps, while the areas designated as “High” on the FHSZ maps additionally will be subjected to state laws that require specific real estate disclosure upon the sale of a property, as well as being subjected to the construction mitigations specified in the California Building Code, Chapter 7A. These Chapter 7A building code requirements will not become effective until January 1, 2026, and generally require new construction to follow the ignition and ember resistant construction techniques described in that code section. The cost impacts of new construction within the High FHSZ can vary, but based on published studies, it is anticipated to add 2-8% to the construction costs using the minimum standards, and up to 13% if optimum standards are selected by the developer.

In an effort to provide outreach to the community, the City posted the FHSZ maps and supporting information on its website and city staff conducted 3 town hall meetings with the community. Comments expressed in the town hall meetings were primarily related to insurance impacts, understanding the purpose and methodology of the FHSZ maps, and concerns about the presence of unmanaged fuels in the Santa Clara river.

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee, as it had external deadlines imposed on the City and a short deadline to respond. Staff made the determination to bypass committee per Resolution 15,286.

Prepared by: Jeff Pengilley, Community Development Director

ATTACHMENTS

1. Proposed Fire Hazard Severity Zone Ordinance

2. CALFIRE- Fire Hazard Severity Zone Requirements Graphic

3. Presentation
633
634

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING
CHAPTER 14, ARTICLE XIX TO THE OXNARD CITY CODE DESIGNATING

FIRE HAZARD SEVERITY ZONES
WHEREAS, the State of California, through the State Fire Marshal, has identified fire hazard severity zones throughout the state pursuant to California Government Code Section 51178; and
WHEREAS, on March 10, 2025, the City of Oxnard (“City”) received recommendations from the Office of the State Fire Marshal (“Fire Marshal”), via a map designating areas within the city limits as “moderate, high, very high” fire hazard severity zones; and WHEREAS, in accordance with the requirements of Section 51179(a), the City Council is required to designate fire hazard severity zones within its jurisdiction by ordinance, within 120 days of receiving the Fire Marshal’s recommendations; and WHEREAS, Chapter 14 of the Oxnard City Code contains the City’s current building regulations;
WHEREAS, Chapter 14, Article XIX of the Oxnard City Code is identified as “Reserved” and is the appropriate location for the adopted fire hazard severity zone maps within the Oxnard City Code; and
WHEREAS, Section 51179(c) requires the City to transmit a copy of this adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption.

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

Section 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.

Section 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Parts 3 of this Ordinance, as set forth below, adding Chapter 14, Article XIX.

Section 3. Chapter 14, Article XIX is hereby added to the Oxnard City Code to read as follows:
“ARTICLE XIX. FIRE HAZARD SEVERITY ZONE MAPS
SEC. 14-40. FIRE HAZARD SEVERITY ZONE MAPS ADOPTED.

The fire hazard severity zone maps, identified as Figures 1-8 below, are hereby adopted. 635
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 2 of 11 ends

Figure 1 - Entire City
636
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 3 of 11 ends

Figure 2 - Riverpark Neighborhood
637
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 4 of 11 ends

Figure 3 - South Bank & Wagon Wheel Neighborhoods
638
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 5 of 11 ends

Figure 4 - Golf Course Neighborhood
639
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 6 of 11 ends

Figure 5 - Victoria Estates Neighborhood
640
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 7 of 11 ends

Figure 6 - McGrath State Beach Area
641
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 8 of 11 ends

Figure 7 - Oxnard Shores & Oxnard Dunes Neighborhoods
642
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 9 of 11 ends

Figure 8 - Cypress & Southwinds Neighborhoods ”
643
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 10 of 11 ends

Section 4. If any provision of this ordinance is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of any other provision of this ordinance or the application thereof. The City Council of the City of Oxnard hereby declares that it would have adopted this ordinance and each provision thereof, irrespective of the invalidity, illegality, or unenforceability of any provision or the application of such provision.

Section 5. Pursuant to Cal. Gov. Code Section 36933(c)(1), 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 days before the City Council’s adoption of the ordinance.
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644
Ordinance No. ______ (Fire Map Adoption Ordinance)

Page 11 of 11 ends

Section 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) 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. ___ was first read on ______, 2025, and finally adopted on ______, 2025 to become effective thirty days thereafter.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Luis A. Mc Arthur, Mayor
ATTEST:
_________________________________
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer, City Attorney
645

SRA LRA
Adopt FHSZ
CEQA
Subdivision Map Act
Safety Element
Fire Safe Regulations
Chapter 7A
Defensible Space
Hazard Disclosure
Adopt FHSZ
CEQA
Subdivision Map Act
Safety Element
Chapter 7A
Defensible Space
Adopt FHSZ
CEQA
Subdivision Map
Safety Element
Fire Safe Regulations
Chapter 7A
Defensible Space
Adopt FHSZ
CEQA
Subdivision Map Act
Safety Element
Fire Safe Regulations
Chapter 7A
Defensible Space
Hazard Disclosure
Subdivision Review
Adopt FHSZ
Chapter 7A*
Hazard Disclosure
Adopt FHSZ
Subdivision Review
Hazard Disclosure
Fire Safe Regulations
Subdivision Review
Effective January 1, 2026
Subdivision Review
Examples of State Minimum Requirements
Revised – April 2025
646
Fire Hazard Severity Zone map adoption
Jeff Pengilley, Community Development Director
Alexander Hamilton, Fire Chief
City Council
June 3 , 2025
647
Background 2
● The California Department of Forestry and Fire Protection (CAL FIRE) recently updated the statewide Fire Hazard Severity Zone (FHSZ) maps.
● The goal is to identify areas within the state with elevated fire hazards due to wildfires. ● This most recent fire hazard mapping process incorporated new science into local climate data and utilized improved fire assessment modeling to categorize areas of the state into four possible hazard ratings:
-No hazard, Moderate, High, and Very High.
● 2 key elements: the probability of an area burning and the expected fire behavior under extreme fuel and weather.
● Factors considered are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period.
● Outside of wildlands, factors include including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. 648
Background 3
● FHSZ map evaluates “hazard,” not “risk”
● “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures (home hardening, recent wildfire, or fuel reduction efforts). ● “Risk” is the potential damage a fire can do, accounting for modifications such as fuel reduction, defensible space, and ignition resistant building construction. ● It is unlikely that insurance risk models specifically call out CAL FIRE Fire Hazard Severity Zones as a factor in establishing insurance rates. ● Insurance risk models use many additional factors and methods; they change more frequently than FHSZ maps.
● Insurance company risk modeling has likely already been factored into insurance industry risk maps prior to the release of these most recent FHSZ maps. 649
Discussion 4
● The FHSZ map exhibits labeled as Figures 1-8, which provide both overall and enlarged views of the FHSZ maps.
● The City of Oxnard now has areas mapped as ‘Moderate’ and ‘High’ fire hazard severity zones: 421 parcels in the High FHSZ; 167 parcels in the Moderate FHSZ. ● There are no areas within city boundaries that are mapped as a ‘very high’ fire hazard severity zone.
● Fire hazards are concentrated along the Santa Clara River, the Harbor Blvd. corridor, and in the Ormond Beach areas of the city.
● The previous FHSZ map did not indicate any areas of fire hazard within the City of Oxnard.
● Updated climate data, modeling techniques, and fire history data. 650
Discussion 5
● The following graphic indicates the minimum requirements for different areas mapped with a given FHSZ category.
● See the column titled “LRA” which stands for the Local Responsibility Area. ● Both of the severity zones: Adoption of the FHSZ maps ● Areas designated as “High” will be subjected to state laws that require specific real estate disclosure upon the sale of a property.
● Areas designated as “High” subject to California Building Code, Chapter 7A (beginning January 1, 2026).
● Requires new construction to follow the ignition and ember resistant construction techniques of 7A.
● Cost impacts : 2-8% using the minimum standards; up to 13% if optimum standards are selected.
651
Discussion 6
Minimum Requirements - see “LRA” column, High and Moderate rows. 652
Figure 1 - Entire City Figure 2 - Riverpark Neighborhood 7 ○
653
Figure 3 - South Bank/Wagon Wheel Figure 4 - Golf Course 8 ○
654
Figure 5 - Victoria Estates Figure 6 - McGrath State Beach 9 655
Figure 7 - Oxnard Shores/Dunes Figure 8 - Cypress/Southwinds 10 656
Recommendation
That 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, ADDING CHAPTER 14, ARTICLE XIX TO THE OXNARD CITY CODE DESIGNATING FIRE HAZARD SEVERITY ZONES.”
11 657
12 End of Presentation
658

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3
DATE: June 3, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32500494 with C.S. Legacy Construction, Inc. for Oxnard Beautification and Cleanup Project, Specification No. PW 24-62. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $2,765,624.79 in Project funds for the Oxnard Beautification and Cleanup Project, Specification No. PW 24- 62;

2. The Mayor to execute an Agreement with C.S. Legacy Construction, Inc. in the amount of $2,506,996.79 for the Project and approve a Project contingency amount of $129,314.00 (~5%) for a total not to exceed value of $2,636,296.79 for the Project;

3. A Project allocation amount of $129,314.00 (~5%) for engineering, inspection, survey and project management for the Project;

4. Authorize a maximum amount of $1,600,000 budget appropriation, and corresponding transfer in revenue in the same amount, in the Capital Outlay Fund (301) to the Oxnard Beautification and Cleanup Project (C2317), funded from a transfer of existing FY 2024-25 General Fund (101) appropriations;

5. Approve project budget appropriations of $1,074,578 in Fiscal Year 2024-25 consisting of $870,000 of available fund balance from the American Rescue Plan Act (ARPA) Fund (320) and $204,578 of available fund balance from the Tax Allocation Bond (TAB) Fund (HERO Project Area, Fund 315) to the Oxnard Beautification and Cleanup Project (C2317) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount;

6. Authorize the Public Works Director, or designee, to apply for a turf replacement rebate program up to a maximum amount of $638,500 with Metropolitan Water District (MWD) of Southern California and to approve the budget appropriations, once awarded, for use in the Oxnard Beautification and Cleanup Project (C2317).

7. Incorporating the Oxnard Beautification and Cleanup project into the adopted 2025-2029 Capital Improvement Program; and

8. Incorporating the Del Sol Community Garden Activation project into the 2025-2029 Capital Improvement Program. (This item did not originate in Committee as these are grant-funded projects whose grant applications were previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/OPCiEVv9kwA

BACKGROUND
Project Need
This project implements the recommendations from the City's 2021 Parks and Recreation Master Plan to strategically transform unused turf areas to native or conservation landscapes. This will reduce the frequency and intensity of maintenance, be more efficient and sustainable, and significantly reduce the water requirements at park locations. 659
Converting to water-efficient landscapes is recommended for areas that do not provide any specific functional or recreational use that is necessarily dependent on turf. For example, perennials and native grasses are often employed in water-efficient landscapes because they require significantly less water and maintenance resources per unit area than grass/turf. The Parks and Recreation Master Plan estimates that if the City of Oxnard converted 30% of its turf area into natural planting, there would be an estimated savings of $500,000 annually. While this project only represents a small portion of such a conversion, it is a good pilot project that will provide lessons-learned, and a viable approach methodology for future efforts. Please see the attached pages from the Parks and Recreation Master Plan for more details.

This project also improves parks in disadvantaged neighborhoods by replacing non-functioning turf areas with droughttolerant, low-maintenance native/California-friendly landscaping. Accompanying this project will be general park improvements such as new park benches, trash cans, and irrigation systems, along with enhancements to the existing community garden with additional activity areas, new pathways, fencing, improved ADA access, and lighting. Three of the park locations are directly adjacent to schools and their proximity will contribute to the value of the project by serving as outdoor classrooms, where students could learn about ecology and the environment. Additionally, the community garden expansion component of the project was initiated and supported by the Police Department to improve the existing and problematic access points, while also providing an expanded usable area of the community garden. These changes were designed to reduce illegal dumping, litter, encampments, and crime that is associated with the current access point.

Project Work Scope
The project involves five local parks, including Camino Del Sol Community Garden, Del Sol Park, Lemonwood Park, Rudolph Beck Memorial Park, and Southwinds Park. The parks were selected to be included in the project due to the disadvantaged status of the neighborhoods per the grantor's requirements and the potential of the parks to be transformed with the turf removal and planting. The work generally consists of removing existing turf and plant material, and replacing it with water-efficient landscaping with interpretive signs. The project also includes the installation of updated and efficient irrigation systems, new concrete, asphalt, and decomposed granite paving for walkways and plazas, ADAcompliant parking and pavement markings, new park seating, and other site furnishings. Additional work for the Camino Del Sol Community Garden will include decorative and chain link fencing and gates, lighting, mulch, and garden art columns.

Outreach and Community Engagement
This project is supported by the Parks and Recreation Master Plan, which was developed through robust community and staff input, including 1,066 residents who participated in public workshops and surveys, and a community advisory committee of 29 members from six different community groups (e.g. youth sports, seniors, etc.). Since this project began, there has been extensive interaction and inclusion with the community. This included working with the non-profit organizations MERITO Foundation (Multicultural Education for Resource Issues Threatening Oceans) and BRITE (Building Resilience and Inclusion through Engagement).

The City contracted with MERITO to lead the education component of the project. This involves input from students at multiple Oxnard schools who researched and provided plant selection recommendations that include a bird and butterflyoriented plant palette. MERITO has worked with a total of 2,373 students who have been able to learn about the importance of preventing illegal dumping and littering, researched the types and origins of litter within Oxnard parks, learned about the habitat and ecological benefits of planting native and adaptable plants, and participated in selecting the locations of the plants. During the project construction, students will also participate in the planting of some of these habitats near their schools.

The BRITE non-profit organization worked with 2,638 youth and volunteers through 44 cleanup events at various Oxnard parks with the participation of youth and residents, using the non-construction, community outreach components of the grant.

Members of the Camino del Sol Community Garden also provided input on the design and plant palette for the project.

Further input was received by Commissioners and Community Services staff during a Parks, Recreation, and Community Services Commission meeting.

DISCUSSION
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The Parks and Recreation Master Plan estimates that if Oxnard converted 30% of its turf area into natural planting, there would be an estimated savings of approximately $500,000 annually. This project would be a good start towards that annual savings goal and a good pilot project to see how the community accepts this change. Also, as mentioned earlier, the project has undertaken significant educational and community engagement; there is continued widespread public enthusiasm and support to complete this project. .

Funding Challenges
While the project was being developed, a grant opportunity emerged via the Clean California funding program that is administered through from the California Department of Transportation (Caltrans). The City applied for, and was awarded, this grant and it allowed the project to move forward, paying for the planning, outreach, and design phases. To date, the City has been reimbursed $786,016.85 of the $3,549,128 grant award and anticipates receiving an additional approximate amount of $20,000 before the grant deadline of June 30, 2025. However, as described below, there were several confounding factors that contributed to the grant’s expiration before all project costs, most notably construction, could be billed.

Despite numerous requests by City staff and the Office of Assemblymember Steve Bennett, Caltrans will not allow for reimbursement through the grant program after the June 30, 2025 date. Oxnard is not unique in this situation; six other agencies will not be able to meet the June 30th deadline. Caltrans recently explained to City staff that this specific funding program had a very tight timeline from the outset, and the rules of the program simply do not provide the legal latitude and authority for Caltrans to provide further extensions.

It should be noted here the circumstances that contributed to the length of time to reach the construction phase, resulting in the grant deadline being missed. These may be grouped into three general categories:

1. The RFP/Design Contracting timeline. The project was solicited twice with no responses and only on the third try did the City receive a proposal that led to an award of a design contract. This process took approximately one year and three months due to the administrative and statutory requirements involved in soliciting for public contracts per Caltrans’s requirements.

2. The internal plan check timeline and the responses to plan check comments. Internal plan review and approval took on the order of ten months, due to several submission and revision cycles between the designer and review staff.

3. The construction bid timeline. Although the bid documents were ready in late October 2024, internal review did not allow the project to be solicited until early February 2025. This, combined with a late Request For Information (RFI) from a bidder pushed the bid due date to March 2025. By the time the low bidder would be awarded the construction contract, work would not begin nearly in time to complete construction by the June deadline.

Recommended Alternative Funding
Staff acknowledges that the project is very important to the community, regardless of the availability of grant funding, and has identified an alternative path forward, as detailed in the Financial Impact section. In summary, the following funding approach is recommended:
• Leveraging one-time, end-of-year recovery of remnant funds in the FY 2024-25 Public Works Operating budget. These are sourced from a combination of salary savings due to unfilled positions or positions where staff resigned during the middle of the fiscal year, and the funds left over from various service and equipment budgets from across all PW divisions.
• Several American Rescue and Recovery Act-funded projects have been completed under budget, and the remaining funds are recommended to be redirected to this project. • Rudolph Beck Memorial Park, a component of this project, is in the TAB Historic Enhancement and Revitalization of Oxnard (HERO) area. As such, the remaining TAB HERO funds in the amount of $204,578 are recommended to be assigned to this project. See the attached April 2, 2019, staff report, where improvements at Beck Park were previously identified for the use of TAB HERO funds. 661
• Significant work included in this project associated with the removal of turf and replanting with droughttolerant landscaping is eligible for MWD’s turf replacement rebate program up to a maximum amount of $638,500.

Construction Phase Bidding
The Notice Inviting Formal Bids (NIFB) for this project was published on February 6, 2025, in the local newspaper. Additionally, the NIFB was posted on multiple online platforms, including the City’s website, and distributed directly to 30 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were opened on March 25, 2025 and the City received the following bids:

C.S. Legacy Construction, Inc.: $2,506,996.79
CSI Services: $3,455,360.00
The lowest bidder is C.S. Legacy Construction, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from C.S. Legacy Construction, Inc. and its subcontractors. Staff then verified possession and validity of required licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for any safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to C.S. Legacy Construction, Inc.

In addition to the project award amount of $2,506,996.79, Staff recommends an additional $258,628.00, which includes $129,314.00 for project contingency (~5% of the contract cost) and $129,314.00 for engineering services and City staff (~5% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $2,765,624.79
The project contingency and the cost of engineering services and City staff time are, in this case, recommended to be approximately 5% each. This is because the project does not have a very complex scope of work and is therefore not anticipated to need a significant amount of material testing and inspection that other more technical projects would require.

The work is tentatively scheduled to begin this summer and continue into late calendar year 2025 (100 working days), absent any delays associated with supply chain issues, unforeseen site conditions, or weather. Staff will work closely with the neighborhood councils adjacent to the parks, if active, to keep them informed of the work schedule and progress.

General project information will be disseminated to help keep the public informed as well.

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

FINANCIAL IMPACT
The total cost for this Project is $2,765,624.79, which includes the construction agreement, contingency, engineering services, and project allocation. C2555 - Del Sol Community Garden Activation Project has an available project budget balance of approximately $329k from the Urban Agriculture and Innovative Production Grant Program; however, only $93k can be used for this project. Oxnard Beautification and Cleanup Project C2317 has $900k budgeted from the Clean California Grant Program; however, all $900k has been expensed or encumbered for the use of these grant funds.

Therefore, funding in the amount of $2,672,625 is needed to complete the project.

Staff is requesting a total project budget appropriation in the amount of $2,672,625. This consists of up to $1,600,000 in appropriation transfers from existing Public Works General Fund operating funds, $870,000 from the ARPA Fund (320) available fund balance, $204,578 from the TAB HERO Fund (315) available fund balance, and an amount up to $638,500 662
from the MWD Turf Rebate Program Fund (210), as well as the corresponding Capital Outlay Fund (301) appropriation increases in the same amounts to fund this Project (C2408).

The available $1.6M in Public Works General Fund transfers is the result of a one-time end-of-year review and capture of minor remaining funds across all divisions. This amount represents, in combination, approximately 5% of the FY 2024- 25 Revised Public Works Budget and is mainly sourced from salary savings due to vacancies, as well as from remaining amounts in accounts for operational needs such as supplies, utilities, and professional services.

Funding from the ARPA Fund (320) originates from the residual funds of several prior ARPA projects that were completed under budget; this amount is currently $870,000.

There is $204,578 remaining in the TAB HERO Fund (315) and available for use in this project area. See attached project area map for reference.

The MWD Turf Replacement Program offers a maximum rebate of $638,500 for this project. Any remaining costs not covered by the rebate will be funded through a budget transfer from available Public Works General Fund operating funds, capped at $1.6 million, as mentioned above. If the full $638,500 rebate is received, the required transfer from the General Fund PW Budget will be reduced to $961,500.

As noted above, the Caltrans Clean California grant reimbursement timeline is June 30, 2025. While not likely, if the contractor is able to conduct work and/or purchase material and then invoice the City before June 30, 2025, it will be submitted to Caltrans for review for reimbursement. Should Caltrans approve the reimbursement, the General Fund transfer would be reduced by the offsetting amount.

FUNDING SOURCE AVAILABLE

PROJECT
BUDGET
BUDGET

TRANSFERS/NEW
NEW

AVAILABLE

PROJECT
BUDGET
Del Sol Community Garden Activation Project (C2555)
Federal Grant Fund (200) $93,000 $0 $93,000
Clean California Grant Project (C2317)
General Fund (101) Existing
Operating Budget Transfer
$0 Up to $1,600,000 Up to $1,600,000
TAB Fund (315) $0 $204,578 $204,578
ARPA (320) $0 $870,000 $870,000
State and Local (210) $0 Up to $638,500 Up to $638,500
TOTAL $93,000 Max $2,672,625 Max $2,765,625
The ongoing maintenance cost for the Oxnard Beautification and Cleanup Project will have no new impacts on the Park’s Division’s Operating budget. Staff is expecting cost savings in water use from the new water-efficient landscaping and irrigation systems associated with this project.

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

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32500494_ PW 24-62_CS Legacy Const

2. Excerpt from Parks and Recreation Master Plan

3. April 2, 2019 Staff Report

4. HERO Project Area Map

5. Presentation
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Agreement No. 32500494
1 CONSTRUCTION CONTRACT FOR

OXNARD BEAUTIFICATION AND CLEANUP PROJECT
U.S. Department of Agriculture Farm Production and Conservation Program (“USDA FPAC Award Identifying No. NR243A750005G001), and the Clean California Local Grant Program Restricted Grant Agreement No. CCL-5129-106
SPECIFICATION NO. PW 24-62

BY AND BETWEEN

THE CITY OF OXNARD
AND C.S. LEGACY CONSTRUCTION, INC.

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and C.S. LEGACY CONSTRUCTION, INC. (“Contractor”). Contractor’s license number is 826870. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City requires construction of the OXNARD BEAUTIFICATION AND CLEANUP PROJECT as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 24-62 (the “Project”); and
WHEREAS, on February 6, 2025, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

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

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

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

2. Plans

3. Grant Documents

4. Change Orders issued and approved by the City;

5. Regulatory Permits as may be required by law;

6. Bid Addenda issued by the City;

7. Notice Inviting Bids and Instructions to Bidders;

8. Special Provisions

9. General Provisions

10. Appendices

11. Bid Forms and attachment thereto;

12. Performance Bond;

13. Payment Bond.

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

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

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

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any 666
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3 of the materials so stored, except with written authorization from the Owner.

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

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

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

4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A Contractor’s license issued by California State Contractors License Board.

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

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

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

5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor TWO MILLION, FIVE HUNDRED SIX THOUSAND NINE HUNDRED NINETY-SIX DOLLARS AND SEVENTY-NINE CENTS, ($2,506,996.79) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

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

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of one hundred (100) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished 667
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4 under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

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

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

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

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

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

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

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding 668
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5 mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

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

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

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

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

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

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

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

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

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

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

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

3. Reasonable expenses directly attributable to termination.

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

Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
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6 D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

9. TERMINATION FOR CONTRACTOR’S DEFAULT
A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section.

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

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

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

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

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

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

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

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

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

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

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

3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

10. PREVAILING WAGE
A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on 670
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7 file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly.

An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

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

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

1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

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

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

D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
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8 E. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.

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

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

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

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

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

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

11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

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

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

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

15. – A FEDERAL GRANT CONTRACT PROVISIONS
Contractor acknowledges that the Project is being funded in part with Federal funds from the U.S.

Department of Agriculture Farm Production and Conservation Program (“USDA FPAC”), pursuant to Award Identifying Number NR243A750005G001, and further acknowledges and agrees to the provisions in the “Federal Grant Contract Addendum” attached to this Contract as Exhibit “E” and incorporated by reference as if fully set forth herein. The “Federal Grant Master Agreement” is attached to the Contract as Exhibit “F-1” and incorporated by reference as if fully set forth herein.

A. ACCESS TO RECORDS. (1) The Contractor agrees to provide the City of Oxnard, USDA FPAC Administrator, the Federal Audit Clearinghouse, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the USDA FPAC Administrator, the Federal Audit Clearinghouse, and/or their authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. (4) In compliance with the Disaster Recovery Act of 2018, the City of Oxnard and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the USDA FPAC Administrator, the Federal Audit Clearinghouse, or the Comptroller General of the United States.

B. SEAL, LOGO AND FLAGS. The Contractor shall not use the Department of Homeland Security (“DHS”) seals(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific pre-approval.

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10 Contractor will comply with all applicable Federal laws, regulations, executive orders, and USDA FPAC General Terms and Conditions, policies, procedures, and directives.

D. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the Contract.

E. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

Contractor must comply with the requirements of the The False Claims Act (31 U.S.C. 3729- 3733) which prohibits the submission of false or fraudulent claims for payment under a Federal grant funded project. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract.

15. B STATE GRANT CONTRACT PROVISIONS
Contractor acknowledges that the Project is being funded in part with State of California grant funds, pursuant to that certain Clean California Local Grant Program Restricted Grant Agreement CCL-5129- 106 (dated May 15, 2022), between the City and State of California acting through Caltrans, as amended if required (herein referenced as the “State Grant Master Agreement”). Said State Grant Master Agreement is included in Section E of the Bid Package for the Project and is attached to this Contract as “Exhibit F-2” and incorporated by reference as if fully set forth herein. Contractor and subcontractors have read and agree to comply with the provisions of said State Grant Master Agreement, all of which are incorporated into this Contract by reference as if set forth fully herein:

A. FINANCIAL PROVISIONS;
B. AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS; and C. FAIR EMPLOYMENT PRACTICES ADDENDUM (in which Exhibit the phrase “Contractor” shall be inserted in the place of the phrase “ADMINISTERING AGENCY”).

The State Grant Master Agreement requires Contractor and its Subcontractors to comply with all applicable State laws prohibiting discrimination, including without limitation, the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.) and the regulations promulgated thereunder (2 California Code of Regulations § 11000 et seq.).

16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.

17. INDEMNIFICATION
A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from 674
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11 the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

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

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

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

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

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

18. THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 675
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12 The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.

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

20. REPORTS; BOOKS AND RECORDS; AUDIT
A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

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

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and the parties specified in the Federal and State Grant Master Agreements referenced in Sections 15a and 15b of this Contract and attached hereto as Exhibits F-1 and F-2, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

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

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

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

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

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

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

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

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

TO CITY: City of Oxnard
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030
TO CONTRACTOR: C.S. Legacy Construction, Inc.
675 Brea Canyon Road, Suite# 8
Walnut, CA 91789
B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
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14 No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.

27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

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

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

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

32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
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15 33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

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

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

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

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

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

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

40. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract. 679
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16 41. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.

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

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

44. ATTORNEY'S FEES
If either Party commences an action against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. [END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
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17 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD C.S. LEGACY CONSTRUCTION, INC.

☐ Luis Mc Arthur, Mayor1 Date Gregg Strumpf, CEO & 2 Date ☐ Purchasing Agent Secretary

ATTEST:

Lourdes A. López, Date
City Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen M. Fischer Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000. 2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 681
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18 EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-G: Insurance Requirements.

Exhibit C: Iran Contracting Act Certification Form
Exhibit D: Small / Minority / Women’s Business Enterprises and Labor Surplus Area Firm Outreach Plan and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions form Exhibit E: Federal and State Grant Contract Addenda
Exhibit F-1: Federal Grant Master Agreement
Exhibit F-2: State Grant Master Agreement
Exhibit G: Grant of Non-Exclusive Right of Entry Agreement Exhibit H: Davis-Bacon Act Wage Determination
Bonds
The corresponding exhibits and forms contained within follow. 682
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EXHIBIT A
CONTRACTOR’S BID PROPOSAL
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** Calculation correction made to Project E Total Bid Price

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EXHIBIT B - FORM INS-G

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

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

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.

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

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

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

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
690
Agreement No. 32500494

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City=s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

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

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

INS-G.doc
691
SAMPLE

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

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

CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY) LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL

LIABILITY
[ ] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S
PROTECTION.

GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

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

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

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

CANCELLATION

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

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

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

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

Signature ______________________________________________________________________ (Original signature required)
Telephone: ( )__________________________ Date Signed ______________________ INS-G.doc
692
SAMPLE

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date

 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

Telephone: ( )

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

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
INS-G.doc
693

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

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

Insurance Company:

Policy No.:

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

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

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

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

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

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

Signature
(Original signature required)
Telephone: ( ) Date Signed
INS-G.doc
694

EXHIBIT C

IRAN CONTRACTING ACT CERTIFICATION FORM

695

EXHIBIT D

696
697

EXHIBIT E

FEDERAL AND STATE GRANT CONTRACT ADDENDUM
City of Oxnard – U.S. Department of Agriculture Farm Production and Conservation Program (“USDA FPAC Award Identifying No. NR243A750005G001), and the Clean California Local Grant Program Restricted Grant Agreement No. CCL-5129-106

CONTRACT ADDENDUM
Notice: The contract or purchase order to which this addendum is attached is made using funds provided to the City of Oxnard by the U.S. Department of Agriculture Farm Production and Conservation Program (“USDA FPAC Award Identifying No. NR243A750005G001), and the Clean California Local Grant Program Restricted Grant Agreement No. CCL-5129-106.

The following terms and conditions apply to you, the vendor, as a contractor of the City of Oxnard.

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

1. Equal Opportunity. Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Small and Minority Business, and Women’s Business Enterprises (if applicable to this Contract, see SBE/MBE/WBE/LSA form attached below)
Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:
a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;
b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;
d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; 698
e. Using the services and assistance of the Small Business Administration, and the U.S.

Office of Minority Business Development Agency of the Department of Commerce; and f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.

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

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

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

4. Access to Records. (applies to all purchases.)
(A) The Contractor agrees to provide the City of Oxnard, the U.S. Department of Agriculture Farm Production and Conservation Program, and the Clean California Local Grant Program Restricted Grant, U.S. Department of Treasury, the Comptroller General of the United States, or 699
any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests. (B) The Contractor agrees to provide the U.S. Department of Agriculture Farm Production and Conservation Program, and the Clean California Local Grant Program Restricted Grant, Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by U.S.

Department of Agriculture Farm Production and Conservation Program, and the Clean California Local Grant Program Restricted Grant, the Treasury Department or the Comptroller General of the United States.

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

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

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

7. Clean Air Act & Federal Water Pollution Control Act (Applies to purchases of more than $150,000.)
(A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 700
(C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Oxnard and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

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

Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
701
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

10. Procurement of Recovered Materials: (Applies only if the work involves the use of materials)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. (C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

11. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number NR243A750005G001awarded to City of Oxnard by the U.S. Department of the Treasury.”

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

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

14. Davis-Bacon Act. (applies to projects over $2000)
(A) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 702
(B) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor, incorporated herein as Exhibit H - Appendix B Davis-Bacon Act Wage Determination, as amended and in effect as of the date of Contract Award. (C) Additionally, contractors are required to pay wages not less than once a week. (D) Lighting Work under Bid Item No. 23 is the only Work subject to Davis-Bacon Act Prevailing Wages. Work under this Bid Item must be separately invoiced from all other Project Work. All other Project Work is subject to California State Prevailing Wage Requirements of Division 2, Part 7, Chapter 1 of the Labor Code and Title 8, Division 1, Chapter 8 of the California Code of Regulations (“CCR”).

15. Compliance with the Copeland “Anti-Kickback” Act. (applies when Davis-Bacon Act is required)
(A) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(B) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(C) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment.
703
704
705

706
PW 24-62 SECTION D

GRANT MASTER AGREEMENT

FEDERAL
EXHIBIT F-1

OXNARD BEAUTIFICATION AND CLEANUP PROJECT,
SPECIFICATION NO. PW 24-62

FEDERAL GRANT MASTER AGREEMENT
U.S. Department of Agriculture Farm Production and Conservation Program (“USDA FPAC Award Identifying No. NR243A750005G001)

CONSISTING OF
USDA Notice Of Grant And Agreement Award (8 Pages)
OMB Approval No 0345-0042 – Assurances – Construction Programs (2 Pages) USDA Farm Production And Conservation General Terms And Conditions For Grants And Cooperative Agreements (31 Pages)
707

Page 1 of 8 ends

NRCS-ADS-093
U.S. Department of Agriculture
Natural Resources Conservation Service

NOTICE OF GRANT AND AGREEMENT AWARD

1. Award Identifying Number
NR243A750005G001

2. Amendment Number 3. Award /Project Period
08//2024 - 08/01/2027

4. Type of award instrument:

Grant Agreement

5. Agency (Name and Address)
USDA NRCS, Urban Agriculture and Innovation Production
c/o FPAC-BC Grants and Agreements Division
1400 Independence Ave SW, Room 3236
Washington, DC 20250
Direct all correspondence to [email protected]

6. Recipient Organization (Name and Address)

CITY OF OXNARD
300 WEST THIRD STREET
OXNARD CA 93030-5729
UEI Number / DUNS Number: JKLUB9N3DXH7 / 081790214
EIN:

7. NRCS Program Contact
Name: SHARONTE WILLIAMS
Phone: (202) 981-1653
Email: Sharonte.
[email protected]

8. NRCS Administrative
Contact
Name: Jose Berna
Phone: (202) 572-5814
Email: [email protected]

9. Recipient Program
Contact
Name: Eric Humel
Phone: (805) 271-2231
Email: [email protected]

10. Recipient Administrative
Contact
Name: Eric Humel
Phone: (805) 271-2231
Email: [email protected]

11. CFDA

10.935

12. Authority
7 USC 6923

13. Type of Action
New Agreement

14. Program Director
Name: Steve Howlett
Phone: (805) 385-7830
Email: steve.howlett@oxnard.
org

15. Project Title/ Description: Oxnard Camino del Sol Community Garden Activation Project

16. Entity Type: C = City or township Government

17. Select Funding Type
Select funding type: Federal Non-Federal
Original funds total $349,920.32 $0.00
Additional funds total $0.00 $0.00
Grand total $349,920.32 $0.00

18. Approved Budget
708
Personnel $0.00
Travel $0.00
Supplies $0.00
Construction $0.00
Total Direct Cost $349,920.32
Fringe Benefits $0.00
Equipment $0.00
Contractual $0.00
Other $349,920.32
Total Indirect Cost $0.00
Total Non-Federal Funds $0.00
Total Federal Funds Awarded $349,920.32
Total Approved Budget $349,920.32
This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any, found by NRCS to have been overpaid, will be refunded or credited in full to NRCS.

Name and Title of
Authorized Government
Representative
/28,6$63(<
15&6$VVRFLDWH&KLHI
Signature Date
Name and Title of
Authorized Recipient
Representative
$/(;$1'(51*8<(1
&LW\0DQDJHU
Signature Date

NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a).

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Signature Date
LOUIS
ASPEY
Digitally signed
by LOUIS ASPEY
Date: 2024.08.20
14:29:34 -04'00'
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Statement of Work
The purpose of this agreement, between the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS) and City of Oxnard (Recipient), is an Urban Agriculture and Innovative Production (UAIP) Grant Project entitled Oxnard Camino del Sol Community Garden Activation Project.

To support the urban disadvantaged community in increasing food production and soil health, constructing critical infrastructure needs, and provide education for community gardeners, residents, and youth. The disadvantaged residents of Oxnard, California have limited access to fresh, healthy, and affordable food, per USDA-funded research findings of local research done among farmworkers who reside in the city, some of whom are garden members at the community garden. The 1.5-acre community garden, owned and operated by the city, currently offers 71 families the ability to supplement their diets with fresh produce that they cultivate. With an upcoming expansion, the project will serve a total of 95 community gardeners and their families, as well as an estimated 450 local students. The garden is managed by the City’s Public Works Department.

A series of educational workshops, coordinated with gardeners to receive the latest education about soil health and fertility, crop production, plant biology, and seed production, within their own production systems. This represents significant equity for the gardeners, most of whom were never able to receive formal education around these topics. The 71 (soon to be 95) community gardening families are organized and have requested the educational workshops and the infrastructure proposed by this application. The infrastructure includes a greenhouse and supplies for the gardeners to be able to start their own seedlings, a storage container for them to store their tools and supplies safely and securely in the disadvantaged community, and drip irrigation supplies for their garden plots.

The project also includes compost for each garden plot, tools to be shared by all the gardeners and stored in the new storage container. Safety lighting at the garden has also been requested by the gardeners to increase the safety of the garden at dusk, and to limit the amount of theft of crops and tools that can occur in the disadvantaged neighborhood.

The project also includes attendance by garden representatives at the Ecological Farming Association Conference in Asilomar, California, and soil health testing.

Purpose
The project will support the development of urban agriculture and innovative production in the disadvantaged community.

The project will improve access to local foods in the area where access to fresh, healthy food is limited or unavailable.

The project will support the 95 community gardeners of the 2.2-acre community garden to increase their crop production and yield environmental justice outcomes. The project will educate the impacted community about food systems, nutrition, agricultural production, and environmental impacts of input-intensive agriculture and gardening. The community garden will offer hands-on training in gardening and provide infrastructure to support the gardeners’ increased production. A greenhouse will be constructed to support transplant production at the garden, which all community gardeners will be able to use. Instead of purchasing transplants which are expensive, or planting seeds that are at risk of mortality during their first two weeks, the greenhouse will enable year-round production of transplants that are resistant varieties appropriate for low-input production and that are culturally relevant. The project will strengthen local networks by collaborating with another community garden in Oxnard, a youth organization in Oxnard and students from California State University, Channel Islands, as well as local experts such as from the nearby Rodale Institute California Organic Center.

The goals of the project are to provide a regular series of bilingual educational workshops, coordinated with the gardeners to orient the workshops directly to their needs and context. It is estimated that the gardener’s production will increase by 30% over the course of the project. Gardeners’ tools and supplies will cease to be stolen due to the safety lights and storage container. The gardener community will strengthen, allowing for increased collaboration and sharing of knowledge into the future. Students’ knowledge of urban agriculture will also increase, from zero to low knowledge to moderate to high knowledge about urban agricultural production.

Objectives
The official budget described in this Budget Narrative will be considered the total budget as last approved by the Federal awarding agency for this award.

Amounts included in this budget narrative are estimates. Reimbursement or advance liquidations will be based on actual expenditures, not to exceed the amount obligated.

Budget Narrative
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TOTAL BUDGET $ 349,920.32
TOTAL FEDERAL FUNDS $349,920.32
+++++++++++++++++++++++++++++++++++++++++++++++++++++++ PERSONNEL $14,250.00
This category includes the salary of a Project Manager who will oversee the construction component of the project. This staff person will be involved for limited hours associated with the construction of the footings for the greenhouse and storage container. $95,000 X 15% X 3 Years = $14,250
FRINGE BENEFITS $5,842.50
Fringe benefits include the cost of leave, employee insurance, pensions, etc. This is estimated as 41% of the Personnel cost. ($8,000 @ 41%) = $5,842.50
TRAVEL $2,190.00
This category includes for mileage to and from the proposed conference site, and lodging, meals, and the conference fees for City of Oxnard staff. The conference will allow project staff and garden leadership the opportunity to learn critical information regarding ecological food production that they can share with other gardeners to create a culture of environmental stewardship at the garden.

Mileage: 700 miles roundtrip to conference site at $0.70/mile estimated 2025 federal rate = $490 Conference registration, lodging, and meal package: $1,700 estimated 2025 rate.

EQUIPMENT $37,503.76
1) This category includes a greenhouse (Riga XL 7 14x23) with shelving, benches, and an exhaust fan and intake shutter vent and thermostat. The greenhouse is required to support transplant production at the garden, which all community gardeners will be able to use. Instead of purchasing transplants which are expensive, or planting seeds that are at risk of mortality during their first two weeks, the greenhouse will enable year-round production of transplants that are resistant varieties appropriate for low-input production and that are culturally relevant. The greenhouse will be maintained by the City of Oxnard into the future, and will maintain in the community garden. Greenhouse Riga XL 14’x23’ with shelving, exhaust fan, intake vent, thermostat, and benches: $29,004 2) The category also includes a 20’ storage container, estimated at $8,500 per a quote from a local vendor. The project will construct a safe and secure place for gardeners to store their tools and supplies. Gardeners currently either take their tools with them or leave them in their garden plots and hope for the best. Tools are often stolen, as many gardeners travel to the site on foot or by bike and don’t have the ability to be transporting tools to and from the garden every time they tend to their crops. With the addition of the secure storage shed, the gardeners will be able to keep their tools and supplies safely in the garden. The storage container will be maintained by the City of Oxnard into the future, and will maintain in the community garden. 20’ storage container: $8,500 SUPPLIES $34,046.66
• Irrigation supplies for the greenhouse (Netafim): $2,500 • Gardening tools (shovels, hoes, rakes, etc.): $2,000
• Compost: $13,382
• Drip irrigation supplies for gardeners’ plots: $12,000 • 200 cell seed-starting trays (120 flats): $577
• Propagation soil mix for starting seeds (12x 2.8 cu ft bags): $721 • 24 cell flats for large seeds (100 flats): $236
• Seed trays to hold flats (5 count x 20): $346
• Snacks and water for workshop attendees: $500
• Shade canopies for workshops (2): $1,082
• Folding chairs for workshops (15): $703
++++++++++++++++++++++++++++++++++++++++++++++++++++
CONTRACTUAL $114,087.40
This consultant category includes for mileage to and from the proposed conference site, and lodging, working meals.

The conference will allow project staff and garden leadership the opportunity to learn critical information regarding ecological food production that they can share with other gardeners to create a culture of environmental stewardship at the garden.

Consultant: Soil health tests: $7,500 for four tests. These soil tests will be used to understand current fertility challenges at the garden site, and to recommend opportunities for improvement. 711

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Bus transportation for transporting students to and from the garden during education activities. This is for schools that are not within walking distance of the garden. $5,000 for seven trips of approximately 40 students each trip. This consultant category includes for mileage to and from the proposed conference site, and lodging, working meals, and the conference fees for City of Oxnard staff. The conference will allow project staff and garden leadership the opportunity to learn critical information regarding ecological food production that they can share with other gardeners to create a culture of environmental stewardship at the garden.

This category also includes $11,600 for expert on-site education from an organization such as the Rodale Institute California Organic Center. This is for monthly 2-3 hour-long bilingual agricultural production and nutrition workshops provided over two years.

Consultant: Community garden non-profit, such as Community Roots Garden Rate Hours per week Weeks per year Years Cost
2 staff members $40 8 20 2.5 $32,000
Stipends for educators $50 4 12 2.5 $6,000
Payroll costs of direct staff charges 16% $6,080
Printing of educational materials $500
Consultant: Youth education non-profit, such as BRITE
Rate Hours/week Weeks/year Years Cost
Project Director $40 2 30 2.5 $5,000
Project Manager $35 8 35 2.5 $19,600
Internships for CSUCI university students $21 4 28 2.5 $5,040 Conference attendance for 5 (1 youth education staff, 2 community garden non-profit staff, and 2 community gardeners $9,045
Payroll costs of direct staff charges 16% $4,742
Mileage for conference attendance $980
Printing of educational materials $1,000
+++++++++++++++++++++++++++++++++++++++++++++++++++++
CONSTRUCTION $142,000.00
Construction includes the costs associated with the construction of the greenhouse and storage container, the installation of the greenhouse and storage container, including footings, 6 safety lights on 15’ poles throughout the garden to increase the safety and security of site, the electrical for the lighting, and the electrical for the greenhouse vent and fan. These costs were estimated by landscape architects, and 100% design has been completed for the lighting component.

4. Architectural and engineering fees $1,500.00

6. Project inspection fees $6,400

8. Demolition and removal $9,150

9. Construction $117,850 (includes $21,800 for the installation of the greenhouse and storage container, and $96,050 for the safety lights and electrical)

13. Contingencies $7,100.00
OTHER $0.00
TOTAL DIRECT COSTS $349,920.32
INDIRECT COSTS $0.00
Recipient has elected to voluntarily waive indirect costs.

If inconsistencies arise between the language in this Statement of Work (SOW) and the General Terms and Conditions Responsibilities of the Parties:
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attached to the agreement, the language in this SOW takes precedence.

NRCS RESPONSIBILITIES
1) Coordinate with the Program Director the technical assistance necessary to complete deliverables. 2) Review all pre-published draft material developed to ensure it complies with USDA visual standards and regulations. 3) Conduct ad-hoc meetings (via electronic, phone or in-person field visit) to discuss the progress of the agreement.

RECIPIENT RESPONSIBILITIES
1) Follow strategy and evaluation plan established in the project narrative and inform the Program Manager of any changes.
2) Work collaboratively with organizations such as Community Roots Garden and BRITE, California State University, Channel Islands, and the Rodale Institute California Organic Center. 3) Review available material from the USDA in regard of the USDA general style and message layouts and follow the USDA civil right policy in accordance with USDA Departmental Regulation 4300-3, Equal Opportunity (EO) Public Notification Policy, and Section 7, in which all will comply with the usage of the USDA Non-discrimination Statement. 4) Perform the work and produce the deliverables as outlined in this Statement of Work. 5) Identify actual or potential funding sources for continuation of the project after Federal funding has ended. 6) Conduct all activities and program provision under this agreement in compliance with all applicable federal civil right laws, rules, regulations, and policies.
7) Ensure no member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise there from. 8) Comply with the applicable version of the General Terms and Conditions. 9) Ensure that equipment purchased with Federal funds is used until no longer needed as described in the General Terms and Conditions and 2 CFR 200. If the residual value of the equipment is $5,000 or more at the time it is no longer needed, the recipient must request disposition instructions. The disposition instructions may direct the recipient to: 1) sell the equipment and return a proportionate share of the proceeds to the Federal agency; 2) transfer title to another eligible entity identified by the Federal agency; or 3) keep the equipment if desired and compensate the Federal agency for its proportionate share of the value.
10) Ensure that any real property acquired, improved, or used with federal funds is managed in accordance with the regulations set forth in 2 CFR 200 (i.e., 2 CFR 200.310 through 200.316 Real Property). This includes but is not limited to:
a. Recording a lien to indicate that the real property has been acquired and improved with a federal award and that use and disposition conditions apply to the property
b. Ensuring that all real property acquired or improved with Federal funds are used for its intended purpose. c. Providing, at a minimum, the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally owned property need not be insured unless required by the terms and conditions of the Federal award. d. Maintaining accurate and up-to-date records related to the use of any real property acquired or improved with Federal funds.
e. Obtaining prior approval from NRCS before disposing of any real property that was acquired or improved with Federal funds.
f. Ensuring that proceeds for the sale or transfer of real property that was acquired or improved with Federal funds are used in accordance with the requirements set forth in the 2 CFR 200.311 Real Property. 11) Submit reports and payment requests to the ezFedGrants system or the Farm Production and Conservation (FPAC) Grants and Agreements Division via email to [email protected] as outlined in the applicable version of the General Terms and Conditions. Reporting frequency is as follows:
a. Performance reports: Annual
b. SF425 Financial Reports: Annual, quarterly if advance payments are received.

SF429 Real Property Status Report: Due within 120 calendar days of the period of performance end date. Send as an attachment to email to [email protected].

1.1. Number of individuals with improved food security: An estimated 120 individuals will have improved food security through their increased knowledge and practice of food production at the community garden, after participating in the workshops and applying the knowledge to the crop production in their 15’x30’ plot. 8/1/2027.

1.1.1. Number of underserved individuals with improved food access and security: An estimated 90 underserved individuals who are underserved. 8/1/2027.

Expected Accomplishments and Deliverables
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1.3. Amount of food produced (lbs.): An increase in food production of approximately 30% is estimated to be an outcome of the project, collectively as a community garden. This will occur through the education and skill sharing of the project. 8/1/2027.

3.1. Number of individuals participating in project activities: Approximately 600 individuals will participate in project activities. This includes approximately 450 students, approximately 100 community gardeners, and approximately 50 residents. 8/1/2027.

3.3. Number of schools participating in project activities. Five schools will participate in project activities. 8/1/2027.

3.7. Number of partnerships developed due to project activities: Three partnerships will be developed due to project activities. 8/1/2027.

3.9. Number of conferences or meetings completed: 1 conference will be attended. 1/30/2026

3.11. Number of community gardens supported: 1 community garden will be supported. 8/1/2027.

3.13. Number of new individuals participating in community gardens activities. Approximately 20 new individuals will participate in community garden activities. 8/1/2027.

5.1. Number of soil health assessments or tests conducted: 4 soil health assessments will be conducted. 12/31/2025.

5.2. Number of individuals implementing innovative production techniques or technologies. 80 individuals will implement innovative production techniques based on the education offered. 8/1/2027.

5.3. Number of individuals implementing innovative irrigation methods: 90 individuals will implement innovative irrigation methods. 8/1/2027.

5.5. Number of acres dedicated to sustainable agricultural practices: Approximately 2.2 acres will be dedicated to sustainable agricultural practices. 8/1/2027.

5.6. Number or acres with applied compost: 2.2 acres. 8/1/2027.

5.7. Total reduction in chemical fertilizers used (lbs.): 100 lbs. 8/1/2027.

6.1. Number of individuals receiving job training or mentorship: 10. 8/1/2027.

6.2. Number of individuals educated on food waste reduction: 600. 8/1/2027.

6.3. Number of students educated on agricultural knowledge and skills: 450. 8/1/2027.

6.4. Number of individuals educated on sustainable agriculture and good nutrition: 600. 8/1/2027.

6.5. Number of urban producers educated on agricultural knowledge and skills: 100. 8/1/2027.

6.8. Number of educational materials created (not individual replication): 5. 8/1/2027.

6.9. Number of education materials distributed: 100. 8/1/2027.

6.10. Number of producers educated on soil health and soil testing: 100. 8/1/2027.

See the Responsibilities of the Parties section for required resources, if applicable.

Resources Required
See the Expected Accomplishments and Deliverables section for milestones.

Milestones
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GENERAL TERMS AND CONDITIONS
Please reference the below link(s) for the General Terms and Conditions pertaining to this award:
https://www.fpacbc.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html 715
716
717
U.S. DEPARTMENT OF AGRICULTURE

FARM PRODUCTION AND CONSERVATION

GENERAL TERMS AND CONDITIONS FOR

GRANTS AND COOPERATIVE AGREEMENTS
October 2024
The Farm Production and Conservation (FPAC) mission area encompasses the following USDA agencies:
• NaturalResources Conservation Service (NRCS)
• Farm Service Agency (FSA)
• Risk Management Agency (RMA)
• FPAC Business Center (FPAC BC)
These general terms and conditions apply to all FPAC mission area agencies and the Commodity Credit Corporation, collectively referred to as the USDA agency.

TABLE OF CONTENTS
A. APPLICABLE REGULATIONS ...................................................................................................................................................3 B. USEAND ACCEPTANCE OF ELECTRONIC SIGNATURES ..........................................................................................4 C. AGREEMENT COUNTERPARTS..............................................................................................................................................4 D. CONFLICT OF INTEREST...........................................................................................................................................................4 E. UNALLOWABLE COSTS .............................................................................................................................................................4 F. COST SHARING REQUIREMENTS.........................................................................................................................................6 G. PROGRAM INCOME.....................................................................................................................................................................6 H. PAYMENTS .......................................................................................................................................................................................7 I. PRIOR APPROVAL REQUIREMENTS ...................................................................................................................................8 J. FINANCIAL REPORTING.........................................................................................................................................................10 K. PERFORMANCEMONITORING ANDREPORTING ....................................................................................................10 L. REPORTINGSUBAWARDSAND EXECUTIVECOMPENSATION.........................................................................11 M. PROCUREMENT STANDARDS.............................................................................................................................................14 N. REQUIREMENTS FOR PASS-THROUGH ENTITIES....................................................................................................14 O. AMENDMENTS............................................................................................................................................................................14

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P. NONEXPENDABLE EQUIPMENT........................................................................................................................................14 Q. AWARD CLOSEOUT..................................................................................................................................................................15 R. TERMINATION.............................................................................................................................................................................15 S. CONTINUING OBLIGATIONS...............................................................................................................................................16 T. AUDIT REQUIREMENTS..........................................................................................................................................................16 U. FOR-PROFIT ORGANIZATIONS PROVISIONS ............................................................................................................16 V. SECTION 508 COMPLIANCE ................................................................................................................................................17 W. ACKNOWLEDGMENT OF USDA SUPPORT AND DISCLAIMER..........................................................................17 X. ACKNOWLEDGMENT OF SECTION 1619 COMPLIANCE .....................................................................................18 Y. PRIVACY ACT ...............................................................................................................................................................................20 Z. SPECIAL PROVISIONS..............................................................................................................................................................22 AA. PATENTS, INVENTIONS, AND COPYRIGHTS...............................................................................................................22 BB. LIMIT OF FEDERAL LIABILITY..............................................................................................................................................23 CC. NATIONAL POLICY REQUIREMENTS ..............................................................................................................................23 DD. CARE AND USE OF ANIMALS...............................................................................................................................................24 EE. INDUSTRIAL HEMP ...................................................................................................................................................................24 FF. BUILD AMERICA, BUY AMERICA FOR CONSTRUCTION.......................................................................................24 GG. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE .....................28 HH. AWARDS WITH RESEARCH ACTIVITIES ........................................................................................................................30 II. NON-DISCRIMINATION IN USDA PROGRAMS ..........................................................................................................30

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A. APPLICABLE REGULATIONS

1. As a condition of this award, the recipient assures and certifies that it has and/or will comply and require subrecipients to comply with the requirements contained in the following statutes and regulations, as applicable. The full text of Code of Federal Regulations (CFR) references may be found at
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CF R and http://www.ecfr.gov/.
a. 2 CFR Part 25, “Universal Identifier and System of Award Management” b. 2 CFR Part 170, “Reporting Subaward and Executive Compensation Information” c. 2 CFR Part 175, “Award Term for Trafficking in Persons” d. 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)”
e. 2 CFR Part 182, “Governmentwide Requirements for Drug- Free Workplace (Financial Assistance)”
f. 2 CFR Part 183 Never Contract with the Enemy
g. 2 CFR Part 184, “Buy America Preferences for Infrastructure Projects” h. 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”
i. 2 CFR Part 400, “Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards”
j. 2 CFR Part 417, “Nonprocurement Debarment and Suspension” k. 2 CFR Part 418, “New Restrictions on Lobbying”
l. 2 CFR Part 421, “Requirements for Drug-Free Workplace (Financial Assistance)” m. 2 CFR Part 422, “Research Institutions Conducting USDA-Funded Extramural Research; Research Misconduct”

2. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and, to the extent applicable, to the type of organizations receiving the award, regardless of tier. The following portions of the Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations references may be found at https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200, 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards”

3. For corporate recipients, by accepting this award the recipient acknowledges: (1) that it does not have a Federal tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) that it has not been convicted of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the USDA has considered suspension or debarment of the recipient corporation

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based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. If the recipient fails to comply with these provisions, the agency will annul this agreement and may recover any funds the recipient has expended in violation of the above cited statutory provisions.

B. USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES
Use of electronic signatures is encouraged to increase efficiency when creating and maintaining electronic records. “Electronic signature” means symbols or other data in digital form attached to an electronically submitted document as verification of the sender’s intent to sign the document or a method of signing an electronic message that identifies and authenticates a particular person as the source of the electronic message and indicates such person’s approval of the information contained in the message along with a date stamp (44 U.S.C. 3504, Sec. 1710). The USDA agency will accept such signatures on application materials, payment requests, reports, and any other document that requires a signature certification.

Scanned or photographed images of manual signatures are also acceptable, though photographs are least preferred due to the large amount of digital storage required to maintain them. Names merely typed in script fonts or other unverified electronic signatures cannot be accepted. Application documents submitted through Grants.gov are deemed “signed” if they bear the Grants.gov date stamp footer. Documents transmitted via ezFedGrants are digitally authenticated and acceptable.

C. AGREEMENT COUNTERPARTS
This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement.

D. CONFLICT OF INTEREST
Recipients must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees in the selection, award, and administration of Federal awards. No employee, officer or agent may participate in the selection, award, or administration of a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a non-Federal entity considered for a Federal award. Recipients may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest.

E. UNALLOWABLE COSTS
The following costs are not allowed:

1. Profit and management fees. Recipients may not earn and keep income resulting from an award.

2. Costs above the amount authorized for the project.

USDA FPAC TERMS & CONDITIONS
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3. Costs incurred after the award period of performance end date, except for costs in accordance with 2 CFR 200.403.

4. Costs not identified in the approved budget or approved budget revisions.

5. Costs of promotional items and memorabilia, including models, gifts, and souvenirs.

6. Compensation for injuries to persons or damage to property arising from project activities.

7. Meals: Meals may be charged to an award only if they are necessary for the performance of the project. For instance, meals (normally only lunch) that are a necessary part of the costs of meetings and conferences (i.e., required attendance and continuity of a meeting), the primary purpose of which is the dissemination of information, are allowable, as are costs of transportation, rental of facilities, speakers’ fees, and other items incidental to such meetings or conferences. Note: Meals consumed while in official travel status do not fall in this category. They are considered to be per diem expenses and should be reimbursed in accordance with the organization’s established travel policies subject to statutory limitations or in accordance with Federal travel policies.

8. Costs normally charged as indirect costs may not be charged as direct costs without proper justification and agency approval. Proper justification includes documentation that the costs meet the criteria for allowability (see 2 CFR 200.403). Examples of such costs include rent, utilities, depreciation on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting.

9. Salaries that are not commensurate with level of work: All costs must be reasonable to be allowable (2 CFR 200.403), and 2 CFR 200.404 defines a reasonable cost as one if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

Salaries determined not to be reasonable compared to the level of work will be unallowable.

10. Honoraria: A payment made to someone for a service when a price is not legally required or customary. Honoraria are often given as a gesture of appreciation or "thank you" to guest speakers or lecturers and are unallowable. However, speaker fees are allowable.

11. Costs which lie outside the scope of the approved project and amendments thereto.

12. Entertainment costs, regardless of their apparent relationship to project objectives.

13. Consulting services performed by a Federal employee during official duty hours when such consulting services result in the payment of additional compensation to the employee; and

14. Unless specifically allowed by the agency or program, renovation or refurbishment of facilities, the purchase or installation of fixed equipment in facilities, and the planning, repair, rehabilitation, acquisition, or construction of buildings or facilities.

This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR Part 200, “Subpart E - Cost Principles”, or direct specific inquiries to the administrative contact identified in the award. The allowability of some items of costs may be difficult to determine. To avoid disallowance or dispute of such costs, the recipient may seek prior approval before incurring them. See 2 CFR 200.407.

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F. COST SHARING REQUIREMENTS

1. If the award has specific cost sharing requirements, cost sharing participation in other projects must not be counted toward meeting the specific cost share requirement of this award. Cost share must come from non-Federal sources unless otherwise stated in the applicable program authorizing statute.

2. Cost share costs must be necessary and reasonable for accomplishment of project or program objectives.

3. Cost sharing must be documented on each SF 425 and payment request as it is provided by the recipient or third party. The required cost sharing ratio must be met by the end of the agreement period of performance; however, it does not have to be maintained for every payment request.

4. Should the recipient become aware that it may be unable to provide the cost share amount identified in this award, it must:
a. Immediately notify the FPAC Business Center Grants and Agreements Division via email to [email protected], and b. Either specify the steps it plans to take to secure replacement cost share or specify the plans to phase out the project in the absence of cost share.

Failure by the recipient to notify the USDA agency in accordance with this section or failure to submit an acceptable remediation plan may result in the disallowance of some or all the costs charged to the award, the subsequent recovery by FPAC of some of the FPAC funds provided under the award, and/or termination of the award. It may constitute a violation of the terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. The USDA agency reviews and approves or disapproves cost sharing remediation plans on a case-by-case basis.

5. The recipient must maintain records of all project costs that are claimed as cost sharing as well as records of costs to be paid by the USDA agency. If the recipient’s cost sharing includes in-kind contributions, the basis for determining the valuation for volunteer services and donated property must be documented.

6. Recipients must also request prior approval before changing the source or type of cost sharing. See the Prior Approval Section.

G. PROGRAM INCOME

1. Program income does not include Federal funds received under an award. Program income means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in §200.307(f). Examples include fees charged for conferences or workshops, fees for services performed, the use or rental or real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, and interest earned on any of them.

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2. Unless recipients specifically request to use the deductive or cost share method, program income must be additive.

3. If program income is earned and not already identified and addressed in the award, the recipient must provide notification to the FPAC BC GAD via e-mail to [email protected] and indicate the preferred treatment method. Use of the deductive or cost share method may require an amendment or prior approval.

4. Program income may be used to meet recipient cost sharing requirements with prior approval of the USDA agency.

5. Recipients must report all program income on the applicable SF 270 and SF 425 as it is earned.

H. PAYMENTS

1. Payment Submission: Recipients must request reimbursement or advances using a properly completed and executed SF-270, submitted with a Budget Expense Table or Deliverable Expense Table (or similar summary document), as applicable. Submit requests to either the ezFedGrants system or to [email protected]. Email submissions must reference the agreement number in the subject line of the email.

2. Payment Guidance: Payment request preparation guidance and templates for Budget Expense Tables and Deliverable Expense Tables are available at this link:
https://www.fpacbc.usda.gov/about/grants-and-agreements/award-payments/index.html.

Documents must be provided as attachments; documents submitted via weblink or other document services will not be accepted.

3. Advances: Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant to procedures contained in the Federal administrative provisions and 31 CFR Part 205. Requests must be submitted no less than 15 days prior to the start of the requested advance period. The recipient must provide a summary document showing the amount of advanced funds spent within 30 days of the end of the advance period. If applicable, the recipient must also submit a summary of the cost share provided.

4. Documentation Requirements: The recipient must maintain records of supporting documentation all costs incurred under this award. Such documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents. Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this award. All project costs must be incurred within the period of performance of this award, including any approved no-cost extension of time. The USDA agency may disallow costs that cannot be supported by supporting documentation or that are incurred outside of the agreement period of performance and budget and may require the return of any funds paid out for those costs. The level of detail and documentation required to be provided to support any individual payment request is at the discretion of the USDA agency. Do not provide supporting documentation unless it is specifically requested.

5. Final Payment Deadlines: Recipients must pay all costs incurred (i.e., liquidate obligations) under the award and request all final requests for payment no later than 120 calendar days after the period of performance end date. The USDA agency is not obligated to make

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payments received more than 120 days after the period of performance end date.

6. Fixed Amount Awards: Payments under fixed-amount awards are made based on deliverables completed, milestones achieved, or as a single payment upon award completion rather than costs incurred. The USDA agency and recipient must utilize 2 CFR 200, Subpart E, Cost principles to support unit prices included in fixed amount awards prior to agreement execution.

7. Contractor and Subrecipient Payment: Recipients are responsible for establishing payment methods to contractors and subrecipients, documenting the method in the applicable contract or subaward agreement, and making direct payments to contractors and subrecipients in accordance with those methods. Recipients must not submit requests directly from their contractors or subrecipients to the USDA agency for USDA agency review, approval, or payment.

I. PRIOR APPROVAL REQUIREMENTS
Certain items of cost and award revisions require the prior written approval of the USDA agency. The following are the most common situations requiring prior approval. However, this list is not exhaustive, and the recipient is also bound by any other prior approval requirements identified in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Submit all requests for the approvals described below via e-mail to [email protected]. All requests for prior approval must reference the agreement number in the subject line of the email.

1. Pre-award costs: To receive reimbursement for costs incurred prior to the award date, recipients must request written approval. This restriction also applies to costs intended to meet cost share requirements. Even with approval, recipients incur pre- award costs at their own risk. The USDA agency is under no obligation to reimburse such costs if for any reason the recipient does not receive a Federal award or if the Federal award is less than anticipated and inadequate to cover the costs.

2. Revisions to scope, objective, or deliverables: When it is necessary to modify the scope, objective, or deliverables of an award, the recipient must submit a written request and justification for the change along with the revised scope, objective, or deliverables of the award.

3. Additions or changes to subawards and contracts: The subawarding, transferring, or contracting out of any work (i.e., services) under a Federal award not identified in the original award budget or any changes to subaward or contracts requires prior written approval. The recipient must submit a justification for the proposed subaward/contract, and a detailed budget for the subaward/contract. This provision does not apply to the acquisition of supplies, material, equipment, or general support services.

4. Permanent change in key personnel specified in the award: Key personnel have the primary responsibility for the leadership of the project and actively participate in the development, delivery, and management of the project. When there is a permanent change in key personnel, including key contractor employees, the recipient must request prior written approval for the substitution or change. The request must identify the replacement personnel and provide his or her qualifications.

5. Absence or temporary change in project leadership: If the approved project director or

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principal investigator disengages from the project for more than three months or reduces time devoted to the project by 25 percent or more, the recipient must request prior approval in writing, identifying who will be in charge during the project director’s absence.

The notification must include the qualifications of the replacement.

6. Budget revisions: Recipients must request prior written approval for deviations from the approved budget in the instances described below. For budget revisions, the recipient may be required to submit a new SF 424A or 424C and budget narrative, even those that do not require prior approval.
a. The inclusion of costs that require prior approval in accordance with Subpart E— Cost Principles of this part or 45 CFR part 75 Appendix IX, “Principles for Determining Costs Applicable to Research and Development under Awards and Contracts with Hospitals,” or 48 CFR part 31, “Contract Cost Principles and Procedures,” as applicable.
b. Where the cumulative amount of transfers of funds among direct cost categories or programs, functions, and activities exceeds or is expected to exceed 10 percent of the total budget as last approved by the USDA agency, and where the Federal share of the project exceeds the simplified acquisition threshold. Recipients must notify the USDA agency of budget changes that do not meet the threshold described above. c. Changes in the approved cost share provided by the recipient, including to the amount, source, or type.
d. Additional Federal funds needed to complete the project. This change also requires a formal agreement amendment.
e. Adjustments to Indirect Cost Rates: Recipients must have either a current NICRA or elect to use the de minimis in order to charge indirect costs. If an indirect cost rate increases during the award’s period of performance, the USDA agency is not obligated, but retains discretion to, either add funds to the award or allow a budget realignment. If an indirect cost rate decreases during the award’s period of performance, indirect costs must be charged in accordance with the current rate. f. If the change is due to receipt of a new negotiated indirect costs rate agreement (NICRA), the prior approval request must include a copy of the new agreement.

7. No-Cost Extensions of Time: When a no-cost extension of time is necessary, the recipient authorized signatory must submit a separate, written request via e-mail to [email protected]. Include the agreement number in the subject line of the email and do not combine a no-cost extension request with other submissions, such as payments or reports. Except in limited circumstances, a no-cost extension of time cannot exceed 12 months. The USDA agency cannot approve requests for no-cost extensions received after the expiration of the award. In addition, time may not allow extension requests submitted less than 30 calendar days before the period of performance end date to be processed, so recipients are encouraged to submit requests as soon as possible. The USDA agency cannot approve no-cost extensions requested merely to expend remaining funds. The request must contain the following:
a. Amount of additional time requested
b. Explanation for the need for the extension
c. A summary of progress to date and revised milestones

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J. FINANCIAL REPORTING

1. Submission: Recipients must submit a Federal Financial Report (FFR), SF 425 in accordance with the schedule included in the award statement of work. Recipients must submit reports to either the ezFedGrants system or via e-mail to [email protected]. Email submissions must reference the agreement number in the subject line of the email. Reports submitted via e-mail must be provided as attachments; documents submitted via weblink or other document services will not be accepted.

2. Report Guidance: SF425 and instructions are available at https://www.fpacbc.usda.gov/about/grants-and-agreements/required-reportsclosing/index.html.

3. Final Report: The recipient must submit a final financial report no later than 120 calendar days after the period of performance end date. Failure to do so may result in a negative report to the Federal Awardee Performance and Integrity Information System (FAPIIS).

4. Failure to submit reports as required may result in suspension or termination of award.

The USDA agency will withhold payments under this award if the recipient is delinquent in submitting required reports.

K. PERFORMANCE MONITORING ANDREPORTING

1. Monitoring: The recipient is responsible for monitoring day-to-day performance and for reporting to the USDA agency. If the project involves subaward/contractual arrangements, the recipient is also responsible for monitoring the performance of project activities under those arrangements to ensure that approved goals and schedules are met.

2. Submission: The recipient must submit a written progress report at the frequency specified in the statement of work to either the ezFedGrants system or via e-mail to [email protected]. Email submissions must reference the agreement number in the subject line of the email. Reports submitted via e-mail must be provided as attachments; documents submitted via weblink or other document services will not be accepted. Each report must include/cover:
a. The agreement number and period covered by the report. b. A comparison of actual accomplishments with the milestones and deliverables established for the reporting period and, where project output can be quantified, a computation of the costs per unit of output.
c. The reasons why milestones and deliverables targets were not met, if appropriate. d. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit costs.

3. Final Report: The recipient must submit a final report no later than 120 calendar days after the period of performance end date. Failure to do so may result in a negative report to the Federal Awardee Performance and Integrity Information System (FAPIIS).

4. Delinquent Reports: The USDA agency will withhold payments under this award if the recipient is delinquent in submitting required reports.

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L. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION

1. Reporting offirst-tier subawards.
a. Applicability. Unless you are exempt as provided in paragraph 4 of this award term, you must report each action that obligates $30,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).
b. Where and when to report:
i. You must report each obligating action described in paragraph 1.a. of this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. For example, ifthe obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.
c. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov.

2. Reporting Total Compensation of Recipient Executives. a. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if --
i. The total Federal funding authorized to date under this award is $30,000 or more;
ii. In the preceding fiscal year, you received –
(a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
b. Where and when to report. You must report executive total compensation described in paragraph 2.a. of this award term --
i. As part of your registration profile at https://sam.gov.

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ii. By the end of the month following the month in which this award is made, and annually thereafter

3. Reporting of Total Compensation of Subrecipient Executives. a. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. In the subrecipient's preceding fiscal year, the subrecipient received— (a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.
b. Where and when to report. You must report subrecipient executive total compensation described in paragraph 3.a. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.

4. Exemptions - If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient

5. Definitions. For purposes ofthis awardterm:
a. Entity means all ofthe following, as defined in 2 CFR part25:
i. A Governmental organization, which is a State, local government, or Indian Tribe;
ii. A foreign public entity;

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iii. A domestic or foreign nonprofitorganization;
iv. A domestic or foreign for-profitorganization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity.
b. Executive means officers, managing partners, or any other employees in management positions.
c. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion ofthe substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec.210 oftheattachmentto OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. d. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award;and ii. Is accountable to you for the use ofthe Federal funds provided by the subaward.
e. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does notinclude group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is nottax- qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

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M. PROCUREMENT STANDARDS
The recipient must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations, for the acquisition of property or services (including construction) required under a Federal award or subaward. Those procedures must comply with the procurement standards set out in 2 CFR 200.317-327, including the requirements regarding conflicts of interest, competition, and methods of procurement. Procurements must be well-documented, and those records are subject to inspection and audit.

N. REQUIREMENTS FOR PASS-THROUGH ENTITIES
A pass-through entity is a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. See 2 CFR 200.332 for responsibilities of pass-through entities.

O. AMENDMENTS
The parties may modify this agreement via formal amendment executed by the authorized signatories of each. The FPAC Business Center’s Grants and Agreements Division has developed streamlined procedures for certain agreement changes, including no-cost extensions and some changes to agency and recipients contacts that do not require formal amendments. Contact the administrative contact for this award for instructions.

P. NONEXPENDABLE EQUIPMENT

1. Recipients purchasing equipment or products with funds provided under this award are encouraged to purchase only American-made equipment and products. A state and Indian Tribe must use, manage and dispose of equipment acquired under a Federal award by the state or Indian Tribe in accordance with state or Tribal laws and procedures. All other recipients must follow the procedures below.

2. Title to equipment acquired under a Federal award will vest conditionally in the recipient upon acquisition. The recipient must not encumber the property without prior approval of the USDA agency.

3. The recipient must use the equipmentfor the authorized purposes ofthe project for as long as needed whether or not the project or program continues to be supported by the Federal award. When no longer needed for the original program or project, the equipment may be used in other activities supported by the USDA agency, in the following order of priority:
a. Activities under a Federal award from the USDA agency which funded the original program or project, then
b. Activities under Federal awards from other Federal awarding agencies.

4. The recipient must maintain property records that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired,the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

5. The recipient musttake a physical inventory ofthe property and reconcile the results with the property records at least once every two years until final disposition.

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6. When equipment is no longer needed for any of the purposes set out in this provision and the per-unit fair market value is less than $10,000, the recipient may retain, sell, or dispose ofthe equipment with no further obligation to the USDA agency. However, if the per-unit fair market value is $10,000 or more, the recipient must submit a written request for disposition instructions to [email protected].

Q. AWARD CLOSEOUT

1. Award closeout is the process by which the USDA agency determines that all required project activities have been performed satisfactorily and all necessary administrative actions have been completed.

2. The recipient must submit, no later than 120 calendar days after the period of performance end date, all financial, performance, and other reports as required by the terms and conditions of the agreement, including documentation showing that cost share requirements have been met. The awarding agency may approve extensions when requested by the recipient.

3. Unless the USDA agency authorizes an extension, the recipient must liquidate all obligations incurred under the agreement no later than 120 calendar days after the period of performance end date.

4. Recipients must submit all requests for reimbursements no later than 120 calendar days after the period of performance end date.

5. The recipient must promptly refund any balances of unobligated cash that the USDA agency paid in advance or paid and that are not authorized to be retained by the recipient for use in other projects. See OMB Circular A-129 and see §200.345 Collection of amounts due, for requirements regarding unreturned amounts that become delinquent debts.

Recipients must retain all records pertaining to the agreement in accordance with 2 CFR 200.334-337 and any additional requirements included in the agreement statement of work.

6. Recipients must follow disposition requirements for property acquired with award funds in accordance with 2 CFR 200.310-316 and the terms of this agreement.

7. If the recipient does not submit all reports in accordance with this section and the terms and conditions of the Federal award within one year of the period of performance end date, the USDA agency must proceed to close out with the information available, including de-obligation of remaining funds. In addition, in accordance with 2 CFR 200.344, the USDA agency must report the non-Federal entity's material failure to comply with the terms and conditions of the award with the OMB- designated integrity and performance system (currently FAPIIS).

Refer to https://www.fpacbc.usda.gov/about/grants-and-agreements/required-reportsclosing/index.html for applicable forms.

R. TERMINATION
In accordance with 2 CFR 200.340,the recipient understands this agreement may be terminated in whole or in part as follows:

1. By the USDA agency or pass-through entity, if a recipientfails to comply with the terms and conditions of a Federal award;

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2. By the USDA agency or pass-through entity,to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;

3. By the USDA agency or pass-through entity with the consent ofthe recipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; or

4. By the recipient upon sending to the USDA agency or pass-through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the USDA agency or pass-through entity determines in the case of partialtermination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the USDA agency or pass-through entity may terminate the Federal award in its entirety.

5. Ifthe Federal award is terminated for the recipient's material failure to comply with the U.S.

Constitution, Federal statutes, regulations, or terms and conditions ofthe Federal award, the termination decision will be reported to the OMB-designated integrity and performance system accessible through SAM (currently FAPIIS) in accordance with 2 CFR 200.341.

S. CONTINUING OBLIGATIONS
The rights and obligations of the parties that, by their nature, would continue beyond the expiration or termination of this agreement (e.g., confidentiality-related clauses) shall survive such expiration or termination of this agreement.

T. AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A recipient entity that expends $1,000,000 or more during the recipient’s fiscal year in Federal awards must have a single or program-specific audit conducted for that year. A single audit is required to be uploaded by the recipient to the FederalAudit Clearinghouse within 30 calendar days after receipt of the auditor’s report, or nine (9) months after the end of the audit period, whichever comes first.

U. FOR-PROFIT ORGANIZATIONS PROVISIONS
This section contains provisions that apply to awards to for-profit organizations. These provisions are in addition to or in exception of other applicable provisions of these general terms and conditions.

1. In accordance with 2 CFR 200.101, the USDA agency applies the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards to for-profit entities.

2. No funds may be paid as profit to any recipient even if the recipient is a for-profit organization. Profit is any amount in excess of allowable direct and indirect costs.

3. For-profit organizations that receive annual awards totaling more than the audit requirement threshold in Subpart F have two options regarding audits:
a. If the commercial organization receives awards under only one FPAC agency program, financial audit of that award in accordance with Generally Accepted

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Government Auditing Standards issued by the Comptroller General of the United States or, if awards are received under multiple USDA Agency programs, a financial audit of all awards in accordance with Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States; or b. An audit that meets the requirements contained in Subpart F.

V. SECTION 508 COMPLIANCE
Recipient must ensure that all tools, publications, and other materials produced under this award meet the accessibility of Electronic and Information Technology (EIT) requirements as specified in Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal government procures EIT, it must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities. All EIT that is subject to the 36 CFR 1194 standards will have a Section 508 acceptance test and will be validated upon acceptance. All maintenance for EIT that requires upgrades, modifications, installations, and purchases will adhere to the Section 508 standards and 36 CFR 1194.

W. ACKNOWLEDGMENT OF USDA SUPPORT AND DISCLAIMER

1. Recipients must have an acknowledgement of USDA agency support placed on any information dissemination products produced with any Federal financial assistance support, including those which report the results or, or describe, a Federal financial assistance-supported activity.

Unless the provisions of the Federal financial assistance award make it apply, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and not intended for presentation or distribution to the public.

Use the following language on the product: whether copyrighted or not, and any products in electronic formats (web sites, computer programs, etc.) that is substantially based upon or developed under this award:
“This material is based upon work supported by the U.S. Department of Agriculture, under agreement number [recipient should enter the applicable award number here].”

2. In addition, all publications and other materials, except scientific articles or papers published in scientific journals, mustinclude the following statement:
“Any opinions, findings, conclusions, or recommendations expressed in this publication are thoseofthe author(s) anddonotnecessarily reflectthe views of the U.S. Department of Agriculture. In addition, any reference to specific brands or types of products or services does not constitute or imply an endorsement by the U.S. Department of Agriculture for those products or services.”

3. All publications printed with Federal Government funds will include the most current USDA nondiscrimination statement, available from the Public Affairs Division,CivilRights Division, or on the USDA home page. If the material is too smallto include the full nondiscrimination statement,the material must, at a minimum, include the following statement: “USDAis an equal opportunity provider, employer, and lender.”

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4. The recipientis responsible for ensuring that an acknowledgment of USDA is made during news media interviews, including popular media such as radio, television, and news magazines, that discuss work funded by this award in a substantial way.

X. ACKNOWLEDGMENT OF SECTION 1619 COMPLIANCE
The recipient agrees to comply with the USDA agency guidelines and requirements regarding the disclosure of information protected under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110- 246), 7 U.S.C. 8791 as described below.

1. Acceptance ofthis award indicates acknowledgment and understanding that the recipient is legally bound by Federal statute to comply with the provisions of Section 1619 and that the recipient will not subsequently disclose information protected by section 1619 to any individual or organization thatis not directly covered by this award. Any such subsequent disclosure of the protected information (except as permitted under Section 1619) will be considered a violation of Section 1619. The recipient will be held responsible should disclosure of the protected informationoccur.

Protected Information. Examples of the types of information prohibited by disclosure under Section 1619 include, but are not limited to, the following:
• State identification and county number (where reported and where located). • Producer or landowner name, business full address, phone number, Social Security Number, and similar personal identifying information. • Farm, tract, field, and contract numbers.
• Production shares and share of acres for each Farm Serial Number (FSN) field. • Acreage information, including crop codes.
• All attributes for Common Land Units (CLUs) in USDA's Geospatial Information System
• Any photographic, map, or geospatial data that, when combined with other maps, can be used to identify a landowner.
• Location of conservation practices.

2. Acceptance of this award legally binds every owner, manager, supervisor, employee, contractor, agent, and representative of the recipient to comply with the provisions in Section 1619. The recipient must consult with FPAC prior to providing protected information to an entity or individual outside of the recipient and as necessary to implement the program to ensure that such release is permissible.

3. The recipient will use the protected information only to perform work that is directly connected to this award. Use of the protected information to perform work that is not directly connected to this award is expressly prohibited.

4. The recipient must internally restrict access to the protected information to only those individuals who have a demonstrated need to know the protected information to perform work under this award.

5. The provisions in Section 1619 are continuing obligations. Even when the recipient is no longer a recipient, or when individuals currently affiliated with the recipient become no

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longer so affiliated, every person having been provided access to the protected information will continue to be legally bound to comply with these provisions.

6. The recipient must notify all managers, supervisors, employees, contractors, agents, and representatives about this provision and the requirements of Section 1619. Notifications about the existence of this provision must be made to those individuals who are new to the organization and periodic notifications must be sent throughout the organization (as well as to all contractors and agents) to remind all about the ongoing and continuing requirements.

7. When the recipient is unsure whether particular information is covered or protected by Section 1619, the recipient must consult with FPAC to determine whether the information must be withheld.

8. Use of the protected information for any purpose is expressly prohibited after the period of performance end date of this award. Upon the award end date, any protected information provided under this award must be immediately destroyed or returned to FPAC. The recipient must provide to FPAC written certification that the protected information (paper copy, electronic copy, or both) has been properly destroyed, removed from any electronic storage media, or both.

9. Any State’s “sunshine law,” “open records act” or other version of the Freedom of Information Act is superseded by section 1619 under the Supremacy Clause of the U.S.

Constitution. Accordingly, information protected from disclosure by section 1619 must not be released under such State laws.

10. Section 1619 allows disclosure of “payment information (including payment information and the names and addresses of recipients of payments) under any Department program that is otherwise authorized by law” (emphasis added). The names and payment information of producers generally may be provided to the public; however, the recipient shall consult with the USDA agency if there is any uncertainty as to the provision of such information.

11. Section 1619 also allows disclosure of otherwise protected information if “the information has been transformed into a statistical or aggregate form without naming any (i) individual owner, operator, or producer; or (ii) specific data gathering site.” The recipient must consult with the USDA agency as to whether specific information falls within this exception prior to relying on this exception.

12. Violations. The recipient will be held responsible for violations of this provision and Section 1619. A violation of this provision by the recipient may result in action by the USDA agency, including termination of the underlying Federal award.

13. The recipient is to immediately notify the USDA agency, if the recipient, or its contractors, suspect, discover or are notified of a suspected or confirmed Privacy Incident relating to PII provided under this Agreement, the recipient shall immediately, but in no event later than two (2) hours from suspicion, discovery, or notification of the suspected or confirmed Privacy Incident. Notification to USDA includes communicating in writing with the Program Office that disclosed the data to you and/or emailing the USDA FPAC Privacy Officer at [email protected].

14. The recipient is to investigate any Privacy Incident emanating from this agreement involving USDA PII. At minimum, the investigation shall include: (1) Date of Incident, State

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of Occurrence (if applicable), (2) type of PII involved, (3) number of individuals whose information was exposed, (4) breach/incident method (mail, email, etc.), and (5) mitigation efforts to manage the incident. The recipient is responsible for carrying out all necessary measures to remedy the effects of the Privacy Incident.

15. Effective Period. The requirements of this provision are effective on the date of the final signature and will continue until the USDA agency notifies the recipient that it is no longer required based on changes in applicable Federal law.

Y. PRIVACY ACT

1. General
a. Privacy Act of 1974, as amended, 5 U.S.C. § 552a (Privacy Act). The Privacy Act is a federal law that establishes a code of information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in an agency’s system of records. Disclosure of records about an individual from a system of records is prohibited, absent the written consent of the individual, unless disclosure is pursuant to one of twelve exceptions specified in the Privacy Act. If, as part of the funded project, the recipient collects similar information from individuals, the Privacy Act extends to the agreement. b. Recipient must take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or passthrough entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. See 2 CFR 200.303.

The USDA implements the Privacy Act through 7 CFR Part 1 Subpart G.

The following definitions apply:
• Breach: The loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses personally identifiable information or (2) an authorized user accesses personally identifiable information for another than authorized purposed. • Incident: An occurrence that (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.
• Personally Identifiable Information (PII): The term PII refers to the information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. It is important to recognize that information that is not PII can become PII whenever additional information becomes available – in any medium or from any source – that would make it possible to identify an individual.

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c. Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and landowner issues. The term “confidential information” means proprietary information or data of a personal nature about an individual, or information or data submitted by or pertaining to an organization. This information must not be disclosed without the prior written consent of the USDA agency.
d. The recipient’s personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject to the Privacy Act. The recipient’s personnel must also comply with privacy of personal information relating to natural resources conservation programs administered by NRCS or FSA in accordance with section 1244 of Subtitle E of title XII of the Food Security Act of 1985 (16 USC 3841 et seq.).
e. The recipient is to immediately notify USDA, if the recipient, or its contractors, suspect, discover or are notified of a suspected or confirmed Privacy Incident relating to PII provided under this Agreement, the recipient shall immediately, but in no event later than two (2) hours from suspicion, discovery, or notification of the suspected or confirmed Privacy Incident. Notification to USDA includes communicating in writing with the Program Office that disclosed the data to you and/or emailing the USDA FPAC Privacy Officer at [email protected]. f. The recipient is to investigate any Privacy Incident emanating from this agreement involving USDA PII. At minimum, the investigation shall include: (1) Date of Incident, State of Occurrence (if applicable), (2) type of PII involved, (3) number of individuals whose information was exposed, (4) breach/incident method (mail, email, etc.), and (5) mitigation efforts to manage the incident. The recipient is responsible for carrying out all necessary measures to remedy the effects of the Privacy Incident.

2. Prohibition Against Certain Internal Confidentiality Agreements: The recipient agrees to comply with the “ProhibitionAgainstCertain Internal Confidentiality Agreements:” a. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
b. You must notify your employees, contractors, or subrecipients thatthe prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph a. ofthis award provision are no longer in effect. c. The prohibition in paragraph a. of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classifiedinformation.
d. Ifthe USDA agency determines that you are notin compliance with this award provision, the USDA agency:
i. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the Consolidated Appropriations Act, 2016,

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(Pub. L. 114-113) or any successor provision of law;
ii. May pursue other remedies available for your material failure to comply with award terms and conditions.

Z. SPECIAL PROVISIONS

1. The recipient assures and certifies that it will comply with the minimum-wage and maximum-hour provisions of the Federal Fair Labor Standards Act.

2. Employees of the USDA agency will participate in efforts under this agreement solely as representatives of the United States. They may not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the recipient.

They also may not assist the recipient with efforts to lobby Congress or to raise money through fundraising efforts. Further, USDA agency employees must report to their immediate supervisor any negotiations with the recipient concerning future employment and must refrain from participation in projects or agreements with such recipients.

3. Except for agreements entered under the Agriculture Conservation Experienced Services (ACES) program authorized by the Food, Conservation, and Energy Act of 2008, employees of the recipient will not be considered Federal employees or agents of the United States for any purposes under this agreement. An individual providing services under the ACES program is deemed to be an employee of the United States Government solely for purposes of chapter 171 of title 28, United States Code, provided the individual is acting within the scope of the agreement.

4. Except for agreements under the programs listed below, no agreement period of performance can exceed a total of five years, including extensions. a. Emergency Watershed Protection Program
b. Watershed Protection and Flood Prevention
c. Watershed Rehabilitation Program

5. The recipient and its employees are prohibited from promoting or recommending specific commercial products or services with USDA agency clients in the course of carrying out activities under this agreement, including any products or services offered by the recipient, except as may be specifically allowed in the agreement.

6. The recipient agrees to comply with USDA’s Department-wide enterprise geospatial data management policy implemented in DR 3465-001, which establishes the USDA policy for defining the strategic direction necessary to optimize the management of the USDA geospatial data and geospatial infrastructure, including all geospatial data created for, by, and enhanced by USDA. Recipients can access DR 3465-001 at https://www.usda.gov/directives/dr-3465-001.

AA. PATENTS, INVENTIONS, AND COPYRIGHTS

1. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention developed with USDA support.

2. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the USDA agency within 2 months after the inventor discloses it in writing to recipient

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personnel responsible for patent matters. Invention disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to [email protected].

3. USDA receives a royalty-free license for Federal Government use, reserves the right to require the patentee to license others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States must manufacture it domestically.

BB. LIMIT OF FEDERAL LIABILITY

1. The maximum financial obligation of the USDA agency to the recipient is the amount of funds indicated in the award as obligated by the USDA agency. However, if an erroneous amount is stated on the approved budget, or any supporting document relating to the award, the USDA agency will have the unilateral right to make the correction and to make an appropriate adjustment in the USDA agency share of the award to align with the Federal amount authorized.

2. For awards where it is anticipated that the period of performance will include multiple budget periods, all subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance with the terms and conditions of the Federal award.

CC. NATIONAL POLICY REQUIREMENTS
The recipient must comply with all relevant public policy requirements, including those detailed below as well as those included in general appropriations provisions, which can be accessed at this link:
https://www.usda.gov/sites/default/files/documents/Regulatory_Statutory_National_Policy_ Requirements_Overlay.pdf

1. National Environmental Policy Act (NEPA): Projects may be subject to the NEPA. If applicable, the USDA agency must work with awardees to complete an environmental review of each awarded project before project commencement. In addition, prior to any ground-disturbing activities related to the USDA agency funding, the awardee must work with USDA agency staff to complete an environmental evaluation (EE) related to those activities. Awardees may be required to prepare or pay for preparation of an environmental assessment (EA) or environmental impact statement (EIS), should any environmental review find that an EA or EIS is required.

2. National Historic Preservation Act (NHPA): In addition, a Section 106 review and consultation with consulting parties (such as the pertinent State Historic Preservation Officer and federally recognized Indian Tribes) may be required prior to the implementation of project activities that have the potential to impact cultural resources.

NHPA Section 106, its implementing regulations (36 CFR Part 800), and other related authorities, require Federal agencies to determine if a project has the potential to cause an effect to historic properties and, if so, if they are adverse and how the effects may be addressed. The NHPA review and compliance in accordance with Section 106 of NHPA and implementing regulations at 36 CFR Part 800 must be completed by the USDA agency and applicants may be required to pay for any cultural resource surveys needed for the USDA agency to assess project effects. More information on the applicant’s role in the NHPA Section 106 process can be found on the Advisory Council on Historic Preservation website at https://www.achp.gov/digital-library-section-106-landing/section-106-

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applicant-toolkit.

3. Endangered Species Act (ESA): Consultation with the U.S. Fish & Wildlife Service and/or the National Marine Fisheries Service under the Section 7 of the ESA is required for projects that may affect listed or proposed species or destroy or modify critical habitat.

The ESA consultation in accordance with Section 7 of the ESA and implementing regulations at 50 CFR Part 402 must be completed by the USDA agency prior to the implementation of project activities that have the potential to impact species or habitat protected under the ESA. More information on the Section 7 consultation process can be found at https://www.fws.gov/service/esa-section-7-consultation.

DD. CARE AND USE OF ANIMALS
For any award that involves the care and use of vertebrate animals, the recipient is responsible for complying with the Animal Welfare Act (7 USC, 2131-2156), Public Law 89- 544, 1996, as amended, and the regulations promulgated thereunder by the Secretary of Agriculture in 9 CFR Parts, 1, 2, 3, and 4. In the case of domesticated farm animals housed under farm conditions, the recipient must adhere to the principles stated in the Guide for the Care and Use of Agricultural Animals in Research and Teaching (https://www.asas.org/docs/defaultsource/default-document-library/agguide_4th.pdf?sfvrsn=56b44ed1_2), published by the American Dairy Science Association®, the American Society of Animal Science, and the Poultry Science Association, 2020. The recipient must have an approved Animal Welfare Assurance Statement on file with the Public Health Service Office for Laboratory Animal Welfare (OLAW) that describes the institution's animal care and use policies, the line of authority for animal care at the institution, veterinary care program, personnel and facilities. If no assurance statement is on file, the organization must contact FPAC to discuss alternatives.

EE. INDUSTRIAL HEMP
By accepting the award, the awardee agrees that if the project involves industrial hemp, the organization will comply with all terms and conditions set by the applicant’s State agency regarding industrial hemp growth and cultivation. For this purpose, the term “industrial hemp” includes the plant Cannabis sativa L. and any part or derivative of such plant, including seeds of such plant, whether growing or not, that is used exclusively for industrial purposes (fiber and seed) with a tetrahydrocannabinols concentration of not more than 0.3 percent on a dry weight basis. The term “tetrahydrocannabinols” includes all isomers, acids, salts, and salts of isomers of tetrahydrocannabinols. If industrial hemp activities are conducted under the award, In accordance with 2 CFR 200.337, the USDA agency has the right of access to any documents, papers, or other records of the non-Federal entity which are pertinent to the Federal award, to verify compliance with the terms and conditions set by the applicant’s State agency.

FF. BUILD AMERICA, BUY AMERICA FOR CONSTRUCTION
Buy America Preference -- Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless:

1. All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

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2. All manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and

3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below.

Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.

Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:

1. For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

2. For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.

Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is

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followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material.

1. Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.

2. Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.

3. Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.

4. Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.

5. Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States.

6. Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.

7. Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.

8. Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

Waivers: When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements.

When the Federal agency has made a determination that one ofthe following exceptions applies, the awarding official may waive the application of the Buy America Preference in any case in which the agency determines that:

1. Applying the Buy America Preference would be inconsistent with the public interest;

2. The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

3. The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the Buy America Preference must be in writing.

The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

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There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.usda.gov/ocfo/federal-financial-assistancepolicy/USDABuyAmericaWaiver Definitions:
“Buy America Preference” means the “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States. “Construction materials” means articles, materials, or supplies that consist of only one of the items listed in paragraph 1. of this definition, except as provided in paragraph 2 of this definition. To the extent one of the items listed in paragraph 1 contains as inputs other items listed in paragraph 1, it is nonetheless a construction material.

1. The listed items are:
a. Non-ferrous metals;
b. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
c. Glass (including optic glass);
d. Fiber optic cable (including drop cable);
e. Optical fiber;
f. Lumber;
g. Engineered wood; and
h. Drywall.

2. Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. “Infrastructure” means public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging.
“Infrastructure project” means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. See also paragraphs (c) and (d) of 2 CFR 184.4.
“Iron or steel products” means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.

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“Manufactured products” means:

1. Articles, materials, or supplies that have been:
a. Processed into a specific form and shape; or
b. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

2. If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph 1 of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials.
“Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.
“Section 70917(c) materials” means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America, Buy America Act.

GG. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE

1. General Reporting Requirement - If the total value of the recipient entity's currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the recipient entity during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently, the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in section 2 of this award condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which the Recipient Entity Must Report - Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined in section 5 of this award condition;

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ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
iii. An administrative proceeding, as defined in section 5 of this award condition, that resulted in a finding of fault and liability and the recipient entity's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or iv. Any other criminal, civil, or administrative proceeding if:
(a) It could have led to an outcome described in section 2.c.(i), (ii), or (iii) of this award condition;
(b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the part of the recipient entity; and (c) The requirement in this award condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures - Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in section 2 of this award condition. The recipient entity does not need to submit the information a second time under assistance awards that the recipient received if the recipient already provided the information through SAM because the recipient was required to do so under Federal procurement contracts that the recipient entity was awarded.

4. Reporting Frequency - During any period of time when the recipient entity is subject to the requirement in section 1 of this award condition, the recipient entity must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the recipient entity has not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. Definitions - For purposes of this award condition:
a. "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings).

This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant (including a cooperative agreement). It does not include audits, site visits, corrective plans, or inspection of deliverables. b. "Conviction", for purposes of this award condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. "Total value of currently active grants, cooperative agreements, and procurement contracts" includes --
i. Only the Federal share of the funding under any Federal award with a recipient cost share; and

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ii. The value of all expected funding increments under a Federal award and options, even if not yet exercised.

HH. AWARDS WITH RESEARCH ACTIVITIES

1. Recipients who engage or assist in scientific related activities on behalf of USDA must uphold the principles of scientific integrity established by Departmental Regulations 1074-001, Scientific Integrity. Covered activities include engaging in, supervising, managing, and reporting scientific work; analyzing and publicly communicating information resulting from scientific work; and utilizing information derived from scientific work in policy and decision making.

2. In accordance with USDA Departmental Regulation (DR) 1020-006, recipients of awards that produce scholarly publications and digitally formatted scientific data assets resulting from unclassified scientific research supported wholly or in part by USDA funds must make the publications and data sets publicly accessible, to the extent feasible with law, agency mission, and resources. Final peer-reviewed, accepted manuscripts must be made freely accessible to the public through the USDA public access archive system (PubAg, hosted by the National Agricultural Library (NAL)). Public access through PubAg must be established within 12 months of the date on which the publisher makes the article available online. The final published article may be submitted to PubAg in lieu of the final peer-reviewed, accepted manuscript, provided the author has the right to submit the published version (e.g., open access articles). Recipients can access NAL at https://www.nal.usda.gov.

Digital scientific research data assets connected to a scholarly publication must also receive a digital persistent identifier, such as a Digital Object Identifier (DOI), that allows a scholarly publication and its catalog metadata to link to the published digital scientific research data asset from which the publication was developed. Authors of scholarly publications, at their discretion, are also encouraged to obtain digital persistent identifiers for other associated scientific research products, such as software, workflow documentation, curricular materials, and multi-media materials, if these products are not subject to statutory restrictions and would provide information that would help future users of the scholarly publication. Recipients can receive a DOI via NAL.

Recipients can access DR 1020-006 at https://www.usda.gov/directives/dr-1020-006 II. NON-DISCRIMINATION IN USDA PROGRAMS
The recipient agrees that, in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or

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contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].

USDA is an equal opportunity provider, employer, and lender.

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PW 24-62
EXHIBIT F-2

OXNARD BEAUTIFICATION AND CLEANUP PROJECT,
SPECIFICATION NO. PW 24-62

STATE GRANT MASTER AGREEMENT

CLEAN CALIFORNIA LOCAL GRANT PROGRAM
RESTRICTED GRANT AGREEMENT NO. CCL-5129-106

CONSISTING OF
Oxnard City Council Resolution 15,526 (1 page)
Clean California Local Grant Program Restricted Grant Agreement CCL-5129-106 (19 pages)
APPENDIX C - Clean California Local Grant Program Guidelines – CYCLE 2 (37 pages)
749
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Clean California Local Grant Program
Program Guidelines
CYCLE 2
Contents
Clean California Local Grant Program Overview ..................................................... 3 Background ............................................................................................................... 3 Budget........................................................................................................................ 3 Goals........................................................................................................................... 4 Schedule .................................................................................................................... 4 Eligibility.......................................................................................................................... 5 Eligible Applicants ..................................................................................................... 5 Eligible Project Types................................................................................................. 5 Example Projects.................................................................................................... 5 Eligible Project Area .................................................................................................. 6 Eligible Activities and Expenses................................................................................ 7 Ineligible Activities and Expenses ............................................................................ 8 Underserved Communities........................................................................................... 9 Local Match Requirement......................................................................................... 10 Calculating SOD of the Community Surrounding the Project and Local Match Requirement ............................................................................................................ 11 Local Match Sources .............................................................................................. 14 Project Application and Award Process .................................................................. 15 Conflict-of-Interest................................................................................................... 17 Scoring Criteria ........................................................................................................ 17

1. Narrative...................................................................................................... 18

2. Project’s Relative Population Benefit to Underserved Communities..... 20

3. Scope, Cost, and Schedule ...................................................................... 21 Other Attachments.............................................................................................. 23 Other Selection Considerations ............................................................................. 24 Grant Project Administrative Requirements............................................................. 25

Page 1 of 37 ends

Oxnard City CouncilJune 3, 2025

Oxnard City Council
June 3, 2025