Agenda packet — Oxnard City Council, December 16, 2025 (part 3 of 5)

ACCORD 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.

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS' COMPENSATION

AND EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, Course of Construction Insurance Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction— Completed Value of Project

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

CERTIFICATE HOLDER
Oxnard Housing Authority
Attn: Rhonda Hodge
Contract No. A-8607
435 South D Street
Oxnard, CA 93030

CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,

AUTHORIZED REPRESENTATIVE

EXHIBIT B
323
Attachment INS-3

Page 3 ends

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE OXNARD HOUSING AUTHORITY (the “Authority”)

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 Authority unless checked here  in which case only the following specific agreements and permits with the Authority are covered:

AUTHORITY 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 Authority, its Commissioners, officers, employees, agents or volunteers or the City of Oxnard, 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 Authority; or (b) products sold by the named insured to the Authority; or (c) premises leased by the named insured from the Authority, the insurance afforded by this policy shall be primary insurance as respects the Authority, its Commissioners, officers, employees, agents or volunteers or the City of Oxnard, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Authority, its Commissioners, officers, employees, agents or volunteers or the City of Oxnard, 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 Authority, 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 Authority.

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

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

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

ENDORSEMENT HOLDER

OXNARD HOUSING AUTHORITY
Attn: Rhonda Hodge
435 South D Street
Oxnard, CA 93030

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

Signature (original signature required)
Telephone: ( ) Date Signed
Rev. 3/25 Ins-3.wpd

EXHIBIT B
324
Attachment INS-3

Page 4 ends

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE OXNARD HOUSING AUTHORITY (the ‘‘Authority’’)

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 $ 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 Authority unless checked here  in which case only the following specific agreements and permits with the Authority are covered:

AUTHORITY AGREEMENTS/PERMITS

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

Name:

Address:

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

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

1. INSURED. The Authority, its Commissioners, officers, employees, agents or volunteers or the City of Oxnard, 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.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, ‘‘occurrence’’ form CA000T (Ed. 6/92), code (‘‘any auto’’); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

OXNARD HOUSING AUTHORITY
Attn: Rhonda Hodge
435 South D Street
Oxnard, CA 93030

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev.10/9/97 Ins-3.wpd

EXHIBIT B
325
- Page 1 of 8

EXHIBIT C
Federal Funding/Grant Requirements Rider
A. Contractor is hereby advised and acknowledges that the Project is being funded in whole or in part with federal assistance under the Federal Department of Housing and Urban Development (“HUD”), under Title I of the Housing and Community Development Act of 1974, as amended, to be used to provide services in accordance with Title 24 of the Code of Federal Regulations, Part 570, concerning CDBG funds. The Contractor agrees that it hereby undertakes the same obligations that the Authority has undertaken to HUD pursuant to the Authority’s CDBG application and certifications. The obligations undertaken include, but are not limited to the following:
i. The Housing and Community Development Act of 1974 (Public Law 93- 383) as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983; and the Housing and Community Development Act of 1987, plus all succeeding revisions and amendments to these Acts.
ii. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) as amended; Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) (affirmatively furthering fair housing) as amended; Section 104(b) and 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 3 of the Housing and Urban Development Act of 1968 (employment priorities for new hires); 12 U.S.C. 1701u (Economic opportunities for low- and very low-income persons); Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order 11246 as amended by Executive Order 11375 and 12086; Executive Order 11063 as amended by Executive Order 12259; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights, and pursuant to 24 CFR 570.904(d) and 2 CFR Part 200.321:

1. Contracting with Small and Women and Minority Owned
Businesses (W/MBE) (2 CFR 200.321). The Subrecipient will take all necessary affirmative steps to assure that minority owned and/or women owned business enterprises and labor area surplus firms are used when possible. Such firms and businesses have 50% or more ownership by an ethnic minority person(s) and/or by
woman/women. All construction projects receiving HUD funds and all contractors and subcontractors who receive $10,000 or more in HUD funds shall fulfill these hiring requirements. These steps are in addition to full and open competition and must include, at a minimum, the following six affirmative steps:
a. Solicitation Lists. Subrecipient must place small and 326
- Page 2 of 8
minority businesses and women’s business enterprises on solicitation lists (2 CFR 200.321(b)(1);
b. Solicitation. The Subrecipient must assure that it solicits small and minority businesses and women’s business
enterprises whenever they are potential sources (2 CFR
200.321(b)(2);
c. Dividing Requirements. Subrecipient must divide total requirements when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises (2 CFR 200.321(b)(3);
d. Delivery Schedules. The Subrecipient must establish
delivery schedules where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises (2 CFR 200.321(b)(4);
e. Obtaining Services and Assistance. The Subrecipient must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department
of Commerce (2 CFR 200.321(b)(5); and
iii. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u and the implementing regulations at 24 CFR 75 (Economic Opportunities for Low-And Very Low-Income Persons). The purpose of Section 3 (HUD) is to ensure that employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by Section 3 (HUD), shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. iv. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the Contractor’s commitments under this Section 3 (HUD) clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall contain the Section 3 (HUD) preference, shall set forth: (1) the minimum number and job titles subject to hire; (2) availability of apprenticeship and training positions; (3) the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and (4) the anticipated date the work shall begin.
v. The Contractor agrees to require this Section 3 (HUD) clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and 327
- Page 3 of 8
agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 (HUD) clause, upon a finding that a subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor shall not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
vi. By its signature to this Agreement, the Contractor certifies that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.
vii. Noncompliance with HUD’s regulations in 24 CFR Part 75 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts.

B. The Labor Standards Regulations set forth in Section 570.603 of 24 CFR Part 570; and HUD Handbook 1344.1. If this Agreement involves construction or facility improvements exceeding $2,000 awarded by the Recipient, the Contractor agrees to comply with:
i. Prevailing Wages: Requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC 276a to 276 a-7) as supplemented in the Department of Labor regulations (29 CFR Part 5) applies. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined to be applicable to this contract by the Director of the California Department of Industrial Relations for similar classifications of labor, the Subrecipient and its contractor and subcontractors shall pay not less than the higher wage rate. ii. Contractor shall comply with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph, for such contracts in excess of $10,000.00. iii. Copeland Anti-Kickback Act: Contractor agrees to comply with the Copeland Anti-Kickback Act (18 USC 874) as supplemented in the Department of Labor regulations (29 CFR Part 3). This act provides that the contractor and subcontractors shall be prohibited from inducing any person employed in the construction, completion, or repair of public facilities to give up any part of the compensation which they are otherwise entitled. iv. The contractor and subcontractors shall maintain documentation that demonstrates compliance with hour and wages requirements of this part. 328
- Page 4 of 8
Such documentation shall be made available to the Authority for review upon request. The Authority and Contractor agree to include a provision requiring such compliance in its lower tier covered contracts and transactions.

C. Contract Work Hours and Safety Standards Act:
i. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
ii. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.
iii. Withholding for unpaid wages and liquidated damages. The Authority shall upon its own action or upon written request of an authorized representative of the U.S. Department of Housing and Urban Development (HUD) or the U.S. Department of Labor (DOL) withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages.
iv. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i.) through (iii.) of 329
- Page 5 of 8
this section.
a. Equal Employment Opportunity. During the performance of this Agreement, the Contractor agrees it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and hereby promises to comply with the provisions on contractor agreements contained in Presidential Executive Order #11246 as amended by Executive Order 11375 and as approved by the Department of Labor Relations (41 CFR Part 61). b. The following laws and regulations relating to preservation of historic places:

Public Law 89-665 the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by Advisory Council on Historic Preservations in 36 Code of Federal Regulations, Part 800.
c. The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 and the Americans with Disabilities Act of 1990 (ADA).
d. The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.).
e. The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) Section 202(a) and the regulations in 44 CFR parts 59 through 79.
f. The Clean Air Act (42 U.S.C. Chapter 85) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto.
g. Executive Order 12372, which requires State Clearinghouse review and comment of any CDBG project for the planning, construction, reconstruction, and/or installation of water or sewer facilities.
h. Section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 (b)).
i. Debarment and Suspension. An agreement or contract must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM) database, in accordance with 2 CFR 180 that implements Executive Orders 12549 and 12689, “Debarment and Suspension.” Provision of 24 CFR Part 570.609, and 24 CFR 5.105(c) for procurement activities regarding use of debarred, suspended, or ineligible contractors or subcontractors and 24 CFR Part 24 for nonprocurement activities, regarding use of debarred, suspended, or ineligible contractors or subcontractors. This Agreement is a covered transaction for purposes of 2 CFR 180 and 2 CFR 3000.
j. Contractors excluded, disqualified or otherwise ineligible (e.g., suspension, debarment, or limited denial of participation) for Federal procurement and non-procurement programs per 24 CFR 570.609 shall not be considered for contract award. The Authority will verify the Contractor’s and eligibility via the General Services Administration System for Award Management site (https://www.sam.gov/data).
330
- Page 6 of 8
k. The Contractor further agrees to comply with any environmental, procurement, construction, and other guidelines provided by Recipient. All local code regulations must be recognized and services provided must conform to the said standards. l. Clean Air Act and the Federal Water Pollution Control Act. Contractor shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act (42 USC 7401 – 7671q), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and EPA regulations (40 CFR Part 15), which prohibit the use under nonexempt federal contracts, grants, or loans of facilities included in the EPA List of Violating Facilities. Violations will be reported to the US EPA Administrator for Enforcement (EN-329). m. By execution of this Agreement The contractor and subcontractors will be deemed to have stipulated as follows:
i. Hereby declare that no person who will be utilized in the performance of this contract has a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act which prohibits them from perform work on a federally funded project.
ii. Agree(s) to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q), and the Federal Water Pollution Control Act as amended (33 USC 1251-1387). Violations must be reported to the EPA.
iii. That any facility that is or will be utilized in the performance of this Agreement, unless the Agreement is exempt under the Clean Air Act, as amended (42 USC 7401 – 7671q et seq., as amended by Public Law 91-604), and under the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq., as amended by Public Law 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of this Agreement award, on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.
iv. Agree to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. v. Shall promptly notify the Authority of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the Agreement is under consideration to be listed on the EPA List of Violating Facilities.
vi. Agree to include or cause to be included the requirements of this article in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. n. Contractor and subcontractors agree to comply with all of the standards, order, and requirements issued under Section 6002 of the Solid Waste Disposal Act, Pub. L.

No. 89-272 (1965) (codified as amended by the Resource Conservation and 331
- Page 7 of 8
Recovery Act at 42 USC 6962). See 2 CFR 200, Appendix II (J), or at 2 CFR 200.322.
i. 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:

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.
ii. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 CFR 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

D. Standard of Conduct, Conflict of Interest and Lobbying a. No member, officer or employee of the Subrecipient or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Project activities during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the Project activities assisted under this CDBG Subrecipient Agreement. b. No member, officer or agent of the Subrecipient shall participate in the selection of the award, or administration of, any Project activities or construction contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
i. Contractor certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement in accordance with the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD’s 24 Code of Federal Regulations (CFR) 87.
ii. Contractor certifies that it will not and has not used Federal appropriated
332
- Page 8 of 8
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 USC 1352. Contractor shall file the certification in Exhibit D. iii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and other federal disclosure forms as requested.
iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 333

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EXHIBIT D
334

EXHIBIT E
Statement of Understanding and Approach

1. Statement of Understanding
We understand that the Oxnard Housing Authority seeks a highly specialized, qualified restoration contractor for the Window Restoration Project at the historic A. Levy House (201 S.

D Street, Oxnard, CA). This project is not a typical construction task; it is a sensitive historic preservation and rehabilitation effort on a property eligible for listing in the National Register of Historic Places (Oxnard Landmark No. 75).

Our core understanding of the Scope of Work is based on three critical components:

1. Historic Window Restoration (101 Units): The primary goal is to perform material and operational repair of the existing historic wood-framed, double-hung, and casement windows, minimizing replacement and conforming strictly to the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

2. Inappropriate Window Replacement (4 Units): Four existing vinyl units in the carriage house must be carefully replaced with new wood-framed units that match the historic profile and operation (double-hung or casement).

3. Lead-Based Paint (LBP) Remediation: Given the building’s age (1912), certified LBP abatement is mandatory for all paint-disturbing activities.

We acknowledge and commit to the project timelines, including the maximum 120 calendar day duration, the restricted work hours (8:00 AM to 5:00 PM, excluding weekends and OHA offFridays), and the required three (3) year warranty on workmanship.

2. Proposed Approach and Methodology
Our approach is phased to ensure meticulous preparation, strict adherence to specialized historic methods, and robust compliance with all health and safety regulations, particularly regarding LBP.

Phase 1: Mobilization, Due Diligence, and Verification
Upon receipt of the Notice to Proceed, we will immediately execute the following due diligence activities:
● Final Field Verification: Our lead craftsman will perform a unit-by-unit field verification of the 105 windows to confirm material type, operation, count, and precise nature of identified repairs (e.g., specific missing ropes, hardware condition). ● LBP Abatement Plan Implementation: We will establish the containment, setup, and safe ingress/egress protocols for the designated work area in strict accordance with the LBP Remediation requirements outlined in Section B.
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Phase 2: Material and Operational Restoration
This is the core of the project, focusing on the preservation of original fabric wherever possible:
● Woodwork Restoration (Preservation First): We will utilize hand-sanding and minimal planing to address stuck sash and out-of-plane units. Deteriorated and missing wood material will be meticulously repaired using a two-part structural epoxy restoration system, shaped and sanded to match the original profiles. Full wood replacement will only occur where material integrity is completely compromised and repair is precluded, using in-kind wood members to match historic dimensions.
● Glazing and Putty: Deteriorated glazing putty will be gently removed. All intact glass will be cleaned and reused. Cracked or broken panes will be replaced with new glass in-kind.

New glazing putty will be applied and finished to traditional profiles. ● Operational Components: Broken or missing functional components (ropes, pulleys, weights) will be replaced in-kind to ensure all existing windows are restored to smooth, functional operation.
● Hardware Treatment: Existing latches, pulls, and stops will be professionally cleaned and protected from paint overspray and debris. Missing hardware will be replaced with periodappropriate, in-kind units that match historic counterparts.

Phase 3: Lead-Based Paint Remediation and Painting
All paint removal activities will be treated as LBP remediation:
● Certified Abatement: All scraping, removal, containment, and disposal will be executed by our dedicated, certified licensed abatement personnel. We commit to the scrape and intact method where appropriate, ensuring full compliance with EPA/HUD regulations and proper disposal at an EPA-approved hazardous waste site.
● Prep and Finish: After LBP remediation and necessary preparation per industry standards, window surfaces will be primed and repainted with a high-quality protective coating system to ensure durability and historic appearance.

Phase 4: Replacement Windows and Final Approval
The four inappropriate vinyl windows will be addressed during this phase:
● In-Kind Replacement: New wood-framed double-hung or casement windows will be specified, procured, and installed. These units will be manufactured to match the sash profile, muntin configuration, and operation of the adjacent historic windows in the carriage house, ensuring visual continuity.
● Final Walkthrough and Closeout: We commit to calling for a final walkthrough and approval with the Project Manager/Housing Authority staff after the completion of each unit (as defined by the Project Manager), enabling partial billing and ensuring continuous quality control and satisfaction prior to closeout.
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3. Project Organization and Staffing
Our team is structured to manage the specialized requirements of a historic preservation project with federal compliance standards:

Role Responsibility and Qualifications
Project Manager
- April Rabanara
Primary point of contact, overall scheduling
(120-day limit), budget tracking, and quality
control. Holds relevant historic preservation
experience (as demonstrated in our
Qualifications section).

Lead Historic Restoration Craftsman
- Andres Nava
Direct oversight of all wood, glazing, and
hardware restoration. Expertise in traditional
joinery, the use of epoxy restoration
systems, and adherence to the Secretary's
Standards.

Certified LBP Abatement Supervisor
- Kaden Lehne LRC-00013725
Manages LBP containment, safe work
practices, and disposal documentation.

Certified and licensed personnel are
mandatory for this role.

Finish Carpentry/Painter
- Andres Nava
Executes in-kind window replacement,
preparation, priming, and final painting for
all 105 units, ensuring a durable,
aesthetically appropriate finish.
_________________________ ________________________
Signature Date
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General Conditions for Construction
Contracts - Public Housing Programs

U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
OMB Approval No. 2577-0157 (exp. 1/31/2027)
Applicability. This form is applicable to any
construction/development contract greater than $250,000.

Public reporting burden for this collection of information is estimated to average 1.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, Office of Policy Development and Research, REE, Department of Housing and Urban Development, 451 7th St SW, Room 4176, Washington, DC 20410-5000.

When providing comments, please refer to OMB Approval No. 2577-0157. This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 2 CFR 200, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 75. The form is required for construction contracts awarded by Public Housing Agencies (PHAs). The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If the form were not used, PHAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB number.

T
Clause
Page Clause Page

1. Definitions 2 Administrative Requirements

2. Contractor’s Responsibility for Work 2 25. Contract Period 9

3. Architect’s Duties, Responsibilities and Authority 2 26. Order of Precedence 9

4. Other Contracts 3 27. Payments 9
Construction Requirements 28. Contract Modifications 10

5. Preconstruction Conference and Notice to Proceed 3 29. Changes 10

6. Construction Progress Schedule 3 30. Suspension of Work 11

7. Site Investigation and Conditions Affecting the Work 3 31. Disputes 11

8. Differing Site Conditions 4 32. Default 11

9. Specifications and Drawings for Construction 4 33. Liquidated 12

10. As-Built Drawings 5 34. Termination of Convenience 12

11. Material and Workmanship 5 35. Assignment of Contract 12

12. Permits and Codes 5 36. Insurance 12

13. Health, Safety, and Accident Prevention 6 37. Subcontracts 13

14. Temporary Buildings and Transportation Materials 6 38. Subcontracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms 13

15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13

16. Protection of Existing Vegetation, Structures,
Equipment, Utilities, and Improvements 6

40. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and
Urban Development Act of 1968
14 17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15

18. Clean Air and Water 7 42. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees
15 19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 15

20. Inspection and Acceptance of Construction 7 44. Royalties and Patents 15

21. Use and Possession Prior to 8 45. Examination and Retention of Contractor’s Records 15

22. Warranty of Title 8 46. Labor Standards-Davis-Bacon and Related Acts 15

23. Warranty of 8 47. Non-Federal Prevailing Wage Rates 19

24. Prohibition Against 9 48. Procurement of Recovered 19 Liens Materials
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EXHIBIT F
338

1. Definitions (a) The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary (a) “Architect” means the person or other entity engaged by for performance of the work. The Contractor shall also the PHA to perform architectural, engineering, design, furnish all necessary water, heat, light, and power not and other services related to the work as provided for in made available to the Contractor by the PHA pursuant to the contract. When a PHA uses an engineer to act in this the clause entitled Availability and Use of Utility Services capacity, the terms “architect” and “engineer” shall be herein. synonymous. The Architect shall serve as a technical (b) The Contractor shall perform on the site, and with its own representative of the Contracting Officer. The Architect’s organization, work equivalent to at least [ ] (12 percent authority is as set forth elsewhere in this contract. unless otherwise indicated) of the total amount of work to (b) “Contract” means the contract entered into between the be performed under the order. This percentage may be PHA and the Contractor. It includes the forms of Bid, the reduced by a supplemental agreement to this order if, Bid Bond, the Performance and Payment Bond or Bonds during performing the work, the Contractor requests a or other assurance of completion, the Certifications, reduction and the Contracting Officer determines that the Representations, and Other Statements of Bidders (form reduction would be to the advantage of the PHA.

HUD-5370), these General Conditions of the Contract for (c) At all times during performance of this contract and until Construction (form HUD-5370), the applicable wage rate the work is completed and accepted, the Contractor shall determinations from the U.S. Department of Labor, any directly superintend the work or assign and have on the special conditions included elsewhere in the contract, the work site a competent superintendent who is satisfactory specifications, and drawings. It includes all formal to the Contracting Officer and has authority to act for the changes to any of those documents by addendum, Contractor. change order, or other modification. (d) The Contractor shall be responsible for all damages to (c) “Contracting Officer” means the person delegated the au- persons or property that occur as a result of the thority by the PHA to enter into, administer, and/or Contractor’s fault or negligence, and shall take proper terminate this contract and designated as such in writing safety and health precautions to protect the work, the to the Contractor. The term includes any successor workers, the public, and the property of others. The Contracting Officer and any duly authorized Contractor shall hold and save the PHA, its officers and representative of the Contracting Officer also designated agents, free and harmless from liability of any nature in writing. The Contracting Officer shall be deemed the occasioned by the Contractor’s performance. The authorized agent of the PHA in all dealings with the Contractor shall also be responsible for all materials Contractor. delivered and work performed until completion and (d) “Contractor” means the person or other entity entering acceptance of the entire work, except for any completed into the contract with the PHA to perform all of the work unit of work which may have been accepted under the required under the contract. contract.
(e) “Drawings” means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and schedule of drawings contained in the Specifications and bench marks indicated on the drawings and be as described in the contract clause entitled Specifications responsible for all lines, levels, and measurements of all and Drawings for Construction herein. work executed under the contract. The Contractor shall (f) “HUD” means the United States of America acting through verify the figures before laying out the work and will be the Department of Housing and Urban Development held responsible for any error resulting from its failure to including the Secretary, or any other person designated to do so. act on its behalf. HUD has agreed, subject to the provisions of an (f) The Contractor shall confine all operations (including Annual Contributions Terms and Conditions (ACC), to storage of materials) on PHA premises to areas provide financial assistance to the PHA, which includes authorized or approved by the Contracting Officer. assistance in financing the work to be performed under (g) The Contractor shall at all times keep the work area, this contract. As defined elsewhere in these General including storage areas, free from accumulations of Conditions or the contract documents, the determination waste materials. After completing the work and before of HUD may be required to authorize changes in the work final inspection, the Contractor shall (1) remove from the or for release of funds to the PHA for payment to the premises all scaffolding, equipment, tools, and materials Contractor. Notwithstanding HUD’s role, nothing in this (including rejected materials) that are not the property of contract shall be construed to create any contractual the PHA and all rubbish caused by its work; (2) leave the relationship between the Contractor and HUD. work area in a clean, neat, and orderly condition (g) “Project” means the entire project, whether construction satisfactory to the Contracting Officer; (3) perform all or rehabilitation, the work for which is provided for in specified tests; and, (4) deliver the installation in whole or in part under this contract. complete and operating condition. (h) “PHA” means the Public Housing Agency organized (h) The Contractor’s responsibility will terminate when all under applicable state laws which is a party to this work has been completed, the final inspection made, and contract. the work accepted by the Contracting Officer. The (j) “Specifications” means the written description of the Contractor will then be released from further obligation technical requirements for construction and includes the except as required by the warranties specified elsewhere criteria and tests for determining whether the in the contract. requirements are met.
(l) “Work” means materials, workmanship, and manufacture 3. Architect’s Duties, Responsibilities, and Authority and fabrication of components.
(a) The Architect for this contract, and any successor, shall

2. Contractor’s Responsibility for Work be designated in writing by the Contracting Officer.

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(b) The Architect shall serve as the Contracting Officer’s technical representative with respect to architectural, 6. Construction Progress Schedule engineering, and design matters related to the work performed under the contract. The Architect may provide (a) The Contractor shall, within five days after the work direction on contract performance. Such direction shall be commences on the contract or another period of time within the scope of the contract and may not be of a determined by the Contracting Officer, prepare and nature which: (1) institutes additional work outside the submit to the Contracting Officer for approval three copies scope of the contract; (2) constitutes a change as defined of a practicable schedule showing the order in which the in the Changes clause herein; (3) causes an increase or Contractor proposes to perform the work, and the dates decrease in the cost of the contract; (4) alters the on which the Contractor contemplates starting and Construction Progress Schedule; or (5) changes any of completing the several salient features of the work the other express terms or conditions of the contract. (including acquiring labor, materials, and equipment). The (c) The Architect’s duties and responsibilities may include but schedule shall be in the form of a progress chart of shall not be limited to: suitable scale to indicate appropriately the percentage of (1) Making periodic visits to the work site, and on the work scheduled for completion by any given date during basis of his/her on-site inspections, issuing written the period. If the Contractor fails to submit a schedule reports to the PHA which shall include all observed within the time prescribed, the Contracting Officer may deficiencies. The Architect shall file a copy of the withhold approval of progress payments or take other report with the Contractor’s designated representative remedies under the contract until the Contractor submits at the site; the required schedule.
(2) Making modifications in drawings and technical (b) The Contractor shall enter the actual progress on the specifications and assisting the Contracting Officer in chart as required by the Contracting Officer, and the preparation of change orders and other contract immediately deliver three copies of the annotated modifications for issuance by the Contracting Officer; schedule to the Contracting Officer. If the Contracting (3) Reviewing and making recommendations with respect Officer determines, upon the basis of inspection to - (i) the Contractor’s construction progress conducted pursuant to the clause entitled Inspection and schedules; (ii) the Contractor’s shop and detailed Acceptance of Construction, herein that the Contractor is drawings; (iii) the machinery, mechanical and other not meeting the approved schedule, the Contractor shall equipment and materials or other articles proposed take steps necessary to improve its progress, including for use by the Contractor; and, (iv) the Contractor’s those that may be required by the Contracting Officer, price breakdown and progress payment estimates; without additional cost to the PHA. In this circumstance, and, the Contracting Officer may require the Contractor to (4) Assisting in inspections, signing Certificates of increase the number of shifts, overtime operations, days Completion, and making recommendations with of work, and/or the amount of construction plant, and to respect to acceptance of work completed under the submit for approval any supplementary schedule or contract. schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of

4. Other Contracts progress will be regained.
(c) Failure of the Contractor to comply with the requirements The PHA may undertake or award other contracts for of the Contracting Officer under this clause shall be additional work at or near the site of the work under this grounds for a determination by the Contracting Officer that contract. The Contractor shall fully cooperate with the the Contractor is not prosecuting the work with sufficient other contractors and with PHA employees and shall diligence to ensure completion within the time carefully adapt scheduling and performing the work under specified in the Contract. Upon making this this contract to accommodate the additional work, heeding determination, the Contracting Officer may terminate the any direction that may be provided by the Contracting Contractor’s right to proceed with the work, or any Officer. The Contractor shall not commit or permit any act separable part of it, in accordance with the Default clause that will interfere with the performance of work by any of this contract. other contractor or by PHA employees

7. Site Investigation and Conditions Affecting the Work Construction Requirements
(a) The Contractor acknowledges that it has taken steps

5. Pre-construction Conference and Notice to Proceed reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself (a) Within ten calendar days of contract execution, and prior as to the general and local conditions which can affect the to the commencement of work, the Contractor shall work or its cost, including but not limited to, (1) conditions attend a preconstruction conference with representatives bearing upon transportation, disposal, handling, and of the PHA, its Architect, and other interested parties storage of materials; (2) the availability of labor, water, convened by the PHA. The conference will serve to electric power, and roads;(3) uncertainties of weather, acquaint the participants with the general plan of the river stages, tides, or similar physical conditions at the construction operation and all other requirements of the site; (4) the conformation and conditions of the ground; contract. The PHA will provide the Contractor with the and (5) the character of equipment and facilities needed date, time, and place of the conference. preliminary to and during work performance. The (b) The contractor shall begin work upon receipt of a written Contractor also acknowledges that it has satisfied itself as Notice to Proceed from the Contracting Officer or to the character, quality, and quantity of surface and designee. The Contractor shall not begin work prior to subsurface materials or obstacles to be encountered receiving such notice. insofar as this information is
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reasonably ascertainable from an inspection of the site, promptly submitted to the Contracting Officer, who shall including all exploratory work done by the PHA, as well as from the drawings and specifications made a part of
this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph
will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully
perform the work without additional expense to the PHA. (b) The PHA assumes no responsibility for any conclusions or interpretations made by the Contractor based on the
information made available by the PHA. Nor does the
PHA assume responsibility for any understanding
reached or representation made concerning conditions
which can affect the work by any of its officers or agents before the execution of this contract, unless that
understanding or representation is expressly stated in
this contract.

8. Differing Site Conditions
(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site(s), of an unusual nature, which differ materially from those ordinarily
encountered and generally recognized as inhering in work of the character provided for in the contract.
(b) The Contracting Officer shall investigate the site
conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the
Contractor’s risk, until the Contracting Officer has
provided written instructions to the Contractor. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time
required for, performing any part of the work under this contract, whether or not changed as a result of the
conditions, the Contractor shall file a claim in writing to the PHA within ten days after receipt of such instructions and, in any event, before proceeding with the work. An
equitable adjustment in the contract price, the delivery schedule, or both shall be made under this clause and
the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable
adjustment to the contract under this clause shall be
allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

9. Specifications and Drawings for Construction
(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything
mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned
in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between
drawings and specifications, the specifications shall
govern. In case of discrepancy in the figures, in the
drawings, or in the specifications, the matter shall be promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless
otherwise provided.
(b) Wherever in the specifications or upon the drawings the words “directed”, “required”, “ordered”, “designated”,
“prescribed”, or words of like import are used, it shall be understood that the “direction”, “requirement”, “order”, “designation”, or “prescription”, of the Contracting Officer is intended and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import shall mean “approved by”, or “acceptable to”, or “satisfactory to” the Contracting Officer, unless otherwise expressly stated.
(c) Where “as shown” “as indicated”, “as detailed”, or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this
contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide
complete in place” that is “furnished and installed”.
(d) “Shop drawings” means drawings, submitted to the PHA by the Contractor, subcontractor, or any lower tier
subcontractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The PHA may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.
(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned for resubmission.

The Contracting Officer will indicate an approval or
disapproval of the shop drawings and if not approved as submitted shall indicate the PHA’s reasons therefore. Any work done before such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to
variations described and approved in accordance with (f) below.
(f) If shop drawings show variations from the contract
requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of
submission. If the Architect approves any such variation and the Contracting Officer concurs, the Contracting Officer shall issue an appropriate modification to the contract, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) It shall be the responsibility of the Contractor to make timely requests of the PHA for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be
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required in the planning and production of the work. Such machinery and mechanical and other equipment. requests may be submitted as the need arises, but each When required by this contract or by the Contracting such request shall be filed in ample time to permit Officer, the Contractor shall also obtain the appropriate action to be taken by all parties involved so Contracting Officer’s approval of the material or as to avoid delay. articles which the Contractor contemplates (h) The Contractor shall submit to the Contracting Officer for incorporating into the work. When requesting approval four copies (unless otherwise indicated) of all approval, the Contractor shall provide full information shop drawings as called for under the various headings concerning the material or articles. Machinery, of these specifications. Three sets (unless otherwise equipment, material, and articles that do not have the indicated) of all shop drawings, will be retained by the required approval shall be installed or used at the risk PHA and one set will be returned to the Contractor. As of subsequent rejection. required by the Contracting Officer, the Contractor, upon (2) When required by the specifications or the completing the work under this contract, shall furnish a Contracting Officer, the Contractor shall submit complete set of all shop drawings as finally approved. appropriately marked samples (and certificates These drawings shall show all changes and revisions related to them) for approval at the Contractor’s made up to the time the work is completed and accepted. expense, with all shipping charges prepaid. The (i) This clause shall be included in all subcontracts at any tier. Contractor shall label, or otherwise properly mark on It shall be the responsibility of the Contractor to ensure the container, the material or product represented, its that all shop drawings prepared by subcontractors are place of origin, the name of the producer, the submitted to the Contracting Officer. Contractor’s name, and the identification of the construction project for which the material or product

10. As-Built Drawings is intended to be used.
(3) Certificates shall be submitted in triplicate, describing (a) “As-built drawings,” as used in this clause, means each sample submitted for approval and certifying drawings submitted by the Contractor or subcontractor at that the material, equipment or accessory complies any tier to show the construction of a particular structure with contract requirements. The certificates shall or work as actually completed under the contract. “As-built include the name and brand of the product, name of drawings” shall be synonymous with “Record manufacturer, and the location where produced. drawings.” (4) Approval of a sample shall not constitute a waiver of (b) As required by the Contracting Officer, the Contractor the PHA right to demand full compliance with contract shall provide the Contracting Officer accurate information requirements. Materials, equipment and accessories to be used in the preparation of permanent as-built may be rejected for cause even though samples have drawings. For this purpose, the Contractor shall record on been approved. one set of contract drawings all changes from the (5) Wherever materials are required to comply with installations originally indicated, and record final locations recognized standards or specifications, such of underground lines by depth from finish grade and by specifications shall be accepted as establishing the accurate horizontal offset distances to permanent surface technical qualities and testing methods, but shall not improvements such as buildings, curbs, or edges of govern the number of tests required to be made nor walks. modify other contract requirements. The Contracting (c) This clause shall be included in all subcontracts at any Officer may require laboratory test reports on items tier. It shall be the responsibility of the Contractor to submitted for approval or may approve materials on ensure that all as-built drawings prepared by the basis of data submitted in certificates with subcontractors are submitted to the Contracting Officer. samples. Check tests will be made on materials delivered for use only as frequently as the Contracting

11. Material and Workmanship Officer determines necessary to insure compliance of materials with the specifications. The Contractor will
(a) All equipment, material, and articles furnished under this assume all costs of retesting materials which fail to contract shall be new and of the most suitable grade for meet contract requirements and/or testing materials the purpose intended, unless otherwise specifically offered in substitution for those found deficient. provided in this contract. References in the contract to (6) After approval, samples will be kept in the Project equipment, material, articles, or patented processes by office until completion of work. They may be built into trade name, make, or catalog number, shall be regarded the work after a substantial quantity of the materials as establishing a standard of quality and shall not be they represent has been built in and accepted. construed as limiting competition. The Contractor may, at (c) Requirements concerning lead-based paint. The its option, use any equipment, material, article, or Contractor shall comply with the requirements concerning process that, in the judgment of, and as approved by the lead-based paint contained in the Lead-Based Paint Contracting Officer, is equal to that named in the Poisoning Prevention Act (42 U.S.C. 4821-4846) as specifications, unless otherwise specifically provided in implemented by 24 CFR Part 35. this contract.
(b) Approval of equipment and materials. 12. Permits and Codes (1) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other (a) The Contractor shall give all notices and comply with all equipment to be incorporated into the work. When applicable laws, ordinances, codes, rules and regulations. requesting approval, the Contractor shall furnish to the Notwithstanding the requirement of the Contractor to Contracting Officer the name of the manufacturer, the comply with the drawings and specifications in the model number, and other information concerning the contract, all work installed shall comply with all applicable performance, capacity, nature, and rating of the codes and regulations as amended by any Previous editions are obsolete Page 5 of 19 form HUD-5370 (1/2014) Replaces form HUD-5370-A
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waivers. Before installing the work, the Contractor shall examine the drawings and the specifications for 14. Temporary Heating compliance with applicable codes and regulations
bearing on the work and shall immediately report any The Contractor shall provide and pay for temporary discrepancy it may discover to the Contracting Officer. heating, covering, and enclosures necessary to properly Where the requirements of the drawings and protect all work and materials against damage by specifications fail to comply with the applicable code or dampness and cold, to dry out the work, and to facilitate regulation, the Contracting Officer shall modify the the completion of the work. Any permanent heating contract by change order pursuant to the clause entitled equipment used shall be turned over to the PHA in the Changes herein to conform to the code or regulation. condition and at the time required by the specifications. (b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and 15. Availability and Use of Utility Services completion of the work. Where the PHA can arrange for
the issuance of all or part of these permits, fees and (a) The PHA shall make all reasonably required amounts of licenses, without cost to the Contractor, the contract utilities available to the Contractor from existing outlets amount shall be reduced accordingly. and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each

13. Health, Safety, and Accident Prevention utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the PHA or, (a) In performing this contract, the Contractor shall: where the utility is produced by the PHA, at reasonable (1) Ensure that no laborer or mechanic shall be required rates determined by the Contracting Officer. The to work in surroundings or under working conditions Contractor shall carefully conserve any utilities furnished which are unsanitary, hazardous, or dangerous to without charge. his/her health and/or safety as determined under (b) The Contractor, at its expense and in a manner construction safety and health standards promulgated satisfactory to the Contracting Officer, shall install and by the Secretary of Labor by regulation; maintain all necessary temporary connections and (2) Protect the lives, health, and safety of other persons; distribution lines, and all meters required to measure the (3) Prevent damage to property, materials, supplies, and amount of each utility used for the purpose of equipment; and, determining charges. Before final acceptance of the work (4) Avoid work interruptions. by the PHA, the Contractor shall remove all the (b) For these purposes, the Contractor shall: temporary connections, distribution lines, meters, and (1) Comply with regulations and standards issued by the associated paraphernalia.

Secretary of Labor at 29 CFR Part 1926. Failure to
comply may result in imposition of sanctions pursuant 16. Protection of Existing Vegetation, Structures, to the Contract Work Hours and Safety Standards Act Equipment, Utilities, and Improvements (Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 et
seq.; and (a) The Contractor shall preserve and protect all structures, (2) Include the terms of this clause in every subcontract equipment, and vegetation (such as trees, shrubs, and so that such terms will be binding on each grass) on or adjacent to the work site, which are not to be subcontractor. removed under this contract, and which do not (c) The Contractor shall maintain an accurate record of unreasonably interfere with the work required under this exposure data on all accidents incident to work performed contract. under this contract resulting in death, traumatic injury, (b) The Contractor shall only remove trees when specifically occupational disease, or damage to property, materials, authorized to do so, and shall avoid damaging vegetation supplies, or equipment, and shall report this data in the that will remain in place. If any limbs or branches of trees manner prescribed by 29 CFR Part are broken during performance of this contract, or by the 1904. careless operation of equipment, or by workmen, the (d) The Contracting Officer shall notify the Contractor of any Contractor shall trim those limbs or branches with a clean noncompliance with these requirements and of the cut and paint the cut with a tree-pruning compound as corrective action required. This notice, when delivered to directed by the Contracting Officer. the Contractor or the Contractor’s representative at the (c) The Contractor shall protect from damage all existing site of the work, shall be deemed sufficient notice of the improvements and utilities (1) at or near the work site and noncompliance and corrective action required. After (2) on adjacent property of a third party, the locations of receiving the notice, the Contractor shall immediately which are made known to or should be known by the take corrective action. If the Contractor fails or refuses to Contractor. Prior to disturbing the ground at the take corrective action promptly, the Contracting Officer construction site, the Contractor shall ensure that all may issue an order stopping all or part of the work until underground utility lines are clearly marked. satisfactory corrective action has been taken. The (d) The Contractor shall shore up, brace, underpin, secure, Contractor shall not base any claim or request for and protect as necessary all foundations and other parts equitable adjustment for additional time or money on any of existing structures adjacent to, adjoining, and in the stop order issued under these circumstances. vicinity of the site, which may be affected by the (e) The Contractor shall be responsible for its subcontractors’ excavations or other operations connected with the compliance with the provisions of this clause. The construction of the project.

Contractor shall take such action with respect to any (e) Any equipment temporarily removed as a result of work subcontract as the PHA, the Secretary of Housing and under this contract shall be protected, cleaned, and Urban Development, or the Secretary of Labor shall replaced in the same condition as at the time of award of direct as a means of enforcing such provisions. this contract.

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(f) New work which connects to existing work shall The contactor shall comply with the Clean Air Act, as correspond in all respects with that to which it connects amended, 42 USC 7401 et seq., the Federal Water and/or be similar to existing work unless otherwise Pollution Control Water Act, as amended, 33 U.S.C. 1251 required by the specifications. et seq., and standards issued pursuant thereto in the (g) No structural members shall be altered or in any way facilities in which this contract is to be performed. weakened without the written authorization of the
Contracting Officer, unless such work is clearly specified 19. Energy Efficiency in the plans or specifications.
(h) If the removal of the existing work exposes discolored or The Contractor shall comply with mandatory standards unfinished surfaces, or work out of alignment, such and policies relating to energy efficiency which are surfaces shall be refinished, or the material replaced as contained in the energy conservation plan issued in necessary to make the continuous work uniform and compliance with the Energy Policy and Conservation Act harmonious. This, however, shall not be construed to (Pub.L. 94-163) for the State in which the work under the require the refinishing or reconstruction of dissimilar contract is performed. finishes previously exposed, or finished surfaces in good condition, but in different planes or on different levels 20. Inspection and Acceptance of Construction when brought together by the removal of intervening work, unless such refinishing or reconstruction is (a) Definitions. As used in this clause - specified in the plans or specifications. (1) “Acceptance” means the act of an authorized (i) The Contractor shall give all required notices to any representative of the PHA by which the PHA approves adjoining or adjacent property owner or other party before and assumes ownership of the work performed under this the commencement of any work. contract. Acceptance may be partial or complete. (j) The Contractor shall indemnify and save harmless the (2) “Inspection” means examining and testing the work PHA from any damages on account of settlement or the performed under the contract (including, when loss of lateral support of adjoining property, any damages appropriate, raw materials, equipment, components, and from changes in topography affecting drainage, and from intermediate assemblies) to determine whether it all loss or expense and all damages for which the PHA conforms to contract requirements. may become liable in consequence of such injury or (3) “Testing” means that element of inspection that damage to adjoining and adjacent structures and their determines the properties or elements, including premises. functional operation of materials, equipment, or their (k) The Contractor shall repair any damage to vegetation, components, by the application of established scientific structures, equipment, utilities, or improvements, principles and procedures. including those that are the property of a third party, (b) The Contractor shall maintain an adequate inspection resulting from failure to comply with the requirements of system and perform such inspections as will ensure that this contract or failure to exercise reasonable care in the work performed under the contract conforms to performing the work. If the Contractor fails or refuses to contract requirements. All work is subject to PHA repair the damage promptly, the Contracting Officer may inspection and test at all places and at all reasonable have the necessary work performed and charge the cost times before acceptance to ensure strict compliance with to the Contractor. the terms of the contract.
(c) PHA inspections and tests are for the sole benefit of the

17. Temporary Buildings and Transportation of Materials PHA and do not: (1) relieve the Contractor of responsibility for providing adequate quality control
(a) Temporary buildings (e.g., storage sheds, shops, offices, measures; (2) relieve the Contractor of responsibility for sanitary facilities) and utilities may be erected by the loss or damage of the material before acceptance; (3) Contractor only with the approval of the Contracting constitute or imply acceptance; or, (4) affect the Officer and shall be built with labor and materials continuing rights of the PHA after acceptance of the furnished by the Contractor without expense to the PHA. completed work under paragraph (j) below.

The temporary buildings and utilities shall remain the (d) The presence or absence of the PHA inspector does not property of the Contractor and shall be removed by the relieve the Contractor from any contract requirement, nor Contractor at its expense upon completion of the work. is the inspector authorized to change any term or With the written consent of the Contracting Officer, the condition of the specifications without the Contracting buildings and utilities may be abandoned and need not Officer’s written authorization. All instructions and be removed. approvals with respect to the work shall be given to the (b) The Contractor shall, as directed by the Contracting Contractor by the Contracting Officer.

Officer, use only established roadways, or use temporary (e) The Contractor shall promptly furnish, without additional roadways constructed by the Contractor when and as charge, all facilities, labor, and material reasonably authorized by the Contracting Officer. When materials are needed for performing such safe and convenient transported in prosecuting the work, vehicles shall not be inspections and tests as may be required by the loaded beyond the loading capacity recommended by the Contracting Officer. The PHA may charge to the manufacturer of the vehicle or prescribed by any federal, Contractor any additional cost of inspection or test when state, or local law or regulation. When it is necessary to work is not ready at the time specified by the Contractor cross curbs or sidewalks, the Contractor shall protect them for inspection or test, or when prior rejection makes from damage. The Contractor shall repair or pay for the reinspection or retest necessary. The PHA shall perform repair of any damaged curbs, sidewalks, or roads. all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and

18. Clean Air and Water performance tests shall be performed as described in the contract.

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(f) The PHA may conduct routine inspections of the occupied without proper remuneration therefore. If prior construction site on a daily basis. possession or use by the PHA delays the progress of the (g)The Contractor shall, without charge, replace or correct work or causes additional expense to the Contractor, an work found by the PHA not to conform to contract equitable adjustment shall be made in the contract price requirements, unless the PHA decides that it is in its or the time of completion, and the contract shall be interest to accept the work with an appropriate modified in writing accordingly. adjustment in contract price. The Contractor shall
promptly segregate and remove rejected material from 22. Warranty of Title the premises.
(h)If the Contractor does not promptly replace or correct The Contractor warrants good title to all materials, rejected work, the PHA may (1) by contract or otherwise, supplies, and equipment incorporated in the work and replace or correct the work and charge the cost to the agrees to deliver the premises together with all Contractor, or (2) terminate for default the Contractor’s improvements thereon free from any claims, liens or right to proceed. charges, and agrees further that neither it nor any other (i) If any work requiring inspection is covered up without ap- person, firm or corporation shall have any right to a lien proval of the PHA, it must, if requested by the Contracting upon the premises or anything appurtenant thereto.

Officer, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, the 23. Warranty of Construction PHA considers it necessary or advisable, to examine work already completed by removing or tearing it out, the (a) In addition to any other warranties in this contract, the Contractor, shall on request, promptly furnish all Contractor warrants, except as provided in paragraph (j) necessary facilities, labor, and material. If such work is of this clause, that work performed under this contract found to be defective or nonconforming in any material conforms to the contract requirements and is free of any respect due to the fault of the Contractor or its defect in equipment, material, or workmanship performed subcontractors, the Contractor shall defray all the by the Contractor or any subcontractor or supplier at any expenses of the examination and of satisfactory tier. This warranty shall continue for a period of __________ reconstruction. If, however, such work is found to meet (one year unless otherwise indicated) from the date of final the requirements of the contract, the Contracting Officer acceptance of the work. If the PHA takes possession of shall make an equitable adjustment to cover the cost of any part of the work before final acceptance, this warranty the examination and reconstruction, including, if shall continue for a period of (one year unless otherwise completion of the work was thereby delayed, an indicated) from the date that the PHA takes extension of time. possession.
(j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a expense, any failure to conform, or any defect. In designated portion of the work will be substantially addition, the Contractor shall remedy, at the Contractor’s completed and ready for inspection. If the Architect expense, any damage to PHA-owned or controlled real or determines that the state of preparedness is as personal property when the damage is the result of— represented, the PHA will promptly arrange for the (1) The Contractor’s failure to conform to contract requireinspection. Unless otherwise specified in the contract, the merits; or PHA shall accept, as soon as practicable after completion (2) Any defects of equipment, material, workmanship or and inspection, all work required by the contract or that design furnished by the Contractor. portion of the work the Contracting Officer determines and (c) The Contractor shall restore any work damaged in designates can be accepted separately. Acceptance shall fulfilling the terms and conditions of this clause. The be final and conclusive except for latent defects, fraud, Contractor’s warranty with respect to work repaired or gross mistakes amounting to fraud, or the PHA’s right replaced will run for (one year unless otherwise indicated) under any warranty or guarantee. from the date of repair or replacement. (d) The Contracting Officer shall notify the Contractor, in

21. Use and Possession Prior to Completion writing, within a reasonable time after the discovery of any failure, defect or damage.
(a)The PHA shall have the right to take possession of or use (e) If the Contractor fails to remedy any failure, defect, or any completed or partially completed part of the work. damage within a reasonable time after receipt of notice, Before taking possession of or using any work, the the PHA shall have the right to replace, repair or Contracting Officer shall furnish the Contractor a list of otherwise remedy the failure, defect, or damage at the items of work remaining to be performed or corrected on Contractor’s expense. those portions of the work that the PHA intends to take (f) With respect to all warranties, express or implied, from possession of or use. However, failure of the Contracting subcontractors, manufacturers, or suppliers for work Officer to list any item of work shall not relieve the performed and materials furnished under this contract, Contractor of responsibility for complying with the terms of the Contractor shall:
the contract. The PHA’s possession or use shall not be (1) Obtain all warranties that would be given in normal deemed an acceptance of any work under the contract. commercial practice; (b)While the PHA has such possession or use, the (2) Require all warranties to be executed in writing, for the Contractor shall be relieved of the responsibility for (1) the benefit of the PHA; and, loss of or damage to the work resulting from the PHA’s (3) Enforce all warranties for the benefit of the PHA. possession or use, notwithstanding the terms of the (g) In the event the Contractor’s warranty under paragraph clause entitled Permits and Codes herein; (2) all (a) of this clause has expired, the PHA may bring suit at maintenance costs on the areas occupied; and, (3) its own expense to enforce a subcontractor’s, furnishing heat, light, power, and water used in the areas manufacturer’s or supplier’s warranty.

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Administrative Requirements
(h) Unless a defect is caused by the negligence of the basis for determining progress payments. The breakdown Contractor or subcontractor or supplier at any tier, the shall be approved by the Contracting Officer and must be Contractor shall not be liable for the repair of any defect of acceptable to HUD. If the contract covers more than one material or design furnished by the PHA nor for the repair project, the Contractor shall furnish a separate of any damage that results from any defect in PHA breakdown for each. The values and quantities employed furnished material or design. in making up this breakdown are for determining the (i) Notwithstanding any provisions herein to the contrary, the amount of progress payments and shall not be construed establishment of the time periods in paragraphs (a) and as a basis for additions to or deductions from the contract (c) above relate only to the specific obligation of the price. The Contractor shall prorate its overhead and profit Contractor to correct the work, and have no relationship over the construction period of the contract. to the time within which its obligation to comply with the (d) The Contractor shall submit, on forms provided by the contract may be sought to be enforced, nor to the time PHA, periodic estimates showing the value of the work within which proceedings may be commenced to performed during each period based upon the approved establish the Contractor’s liability with respect to its obligation other than specifically to correct the work. submitted not later than ___________ days in advance of (j) This warranty shall not limit the PHA’s rights under the the date set for payment and are subject to correction and Inspection and Acceptance of Construction clause of this revision as required. The estimates must be approved by contract with respect to latent defects, gross mistakes or the Contracting Officer with the concurrence of the fraud. Architect prior to payment. If the contract covers more than one project, the Contractor shall furnish a

24. Prohibition Against Liens separate progress payment estimate for each. (e) Along with each request for progress payments and the The Contractor is prohibited from placing a lien on the required estimates, the Contractor shall furnish the PHA’s property. This prohibition shall apply to all following certification, or payment shall not be made: I subcontractors at any tier and all materials suppliers. hereby certify, to the best of my knowledge and belief, that:
(1) The amounts requested are only for performance in
accordance with the specifications, terms, and

25. Contract Period conditions of the contract;
(2) Payments to subcontractors and suppliers have been
made from previous payments received under the
this contract within calendar days of the contract, and timely payments will be made from the effective date of the contract, or within the time schedule proceeds of the payment covered by this certification, established in the notice to proceed issued by the in accordance with subcontract agreements; and, Contracting Officer. (3) This request for progress payments does not include any amounts which the prime contractor intends to

26. Order of Provisions withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the
In the event of a conflict between these General subcontract.

Conditions and the Specifications, the General
Conditions shall prevail. In the event of a conflict between the contract and any applicable state or local law or Name:
regulation, the state or local law or regulation shall
prevail; provided that such state or local law or regulation does not conflict with, or is less restrictive than applicable Title:
federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, and Executive Order shall prevail. Date:

27. Payments (f) Except as otherwise provided in State law, the PHA shall retain ten (10) percent of the amount of progress
(a) The PHA shall pay the Contractor the price as provided in payments until completion and acceptance of all work this contract. under the contract; except, that if upon completion of 50 (b) The PHA shall make progress payments approximately percent of the work, the Contracting Officer, after every 30 days as the work proceeds, on estimates of consulting with the Architect, determines that the work accomplished which meets the standards of quality Contractor’s performance and progress are satisfactory, established under the contract, as approved by the the PHA may make the remaining payments in full for the Contracting Officer. The PHA may, subject to written work subsequently completed. If the Contracting Officer determination and approval of the Contracting Officer, subsequently determines that the Contractor’s make more frequent payments to contractors which are performance and progress are unsatisfactory, the PHA qualified small businesses. shall reinstate the ten (10) percent (or other percentage (c) Before the first progress payment under this contract, the as provided in State law) retainage until such time as the Contractor shall furnish, in such detail as requested by Contracting Officer determines that performance and the Contracting Officer, a breakdown of the total contract progress are satisfactory. price showing the amount included therein for each (g) The Contracting Officer may authorize material delivered principal category of the work, which shall substantiate on the site and preparatory work done to be taken into the payment amount requested in order to provide a consideration when computing progress payments.

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Material delivered to the Contractor at locations other than responsibilities of the parties (e.g., change in the PHA the site may also be taken into consideration if the address). All other contract modifications shall be in the Contractor furnishes satisfactory evidence that (1) it has form of supplemental agreements signed by the acquired title to such material; (2) the material is properly Contractor and the Contracting Officer. stored in a bonded warehouse, storage yard, or similar (c) When a proposed modification requires the approval of suitable place as may be approved by the Contracting HUD prior to its issuance (e.g., a change order that Officer; (3) the material is insured to cover its full value; exceeds the PHA’s approved threshold), such and (4) the material will be used to perform this contract. modification shall not be effective until the required Before any progress payment which includes delivered approval is received by the PHA. material is made, the Contractor shall furnish such
documentation as the Contracting Officer may require to 29. Changes assure the protection of the PHA’s interest in such
materials. The Contractor shall remain responsible for (a) The Contracting Officer may, at any time, without notice such stored material notwithstanding the transfer of title to the sureties, by written order designated or indicated to the PHA. to be a change order, make changes in the work within (h)All material and work covered by progress payments the general scope of the contract including changes:
made shall, at the time of payment become the sole (1) In the specifications (including drawings and designs); property of the PHA, but this shall not be construed as (1) (2) In the method or manner of performance of the work; relieving the Contractor from the sole responsibility for all (3) PHA-furnished facilities, equipment, materials, material and work upon which payments have been made services, or site; or, or the restoration of any damaged work; or, (2) waiving the (4) Directing the acceleration in the performance of the right of the PHA to require the fulfillment of all of the terms work. of the contract. In the event the work of the Contractor has (b) Any other written order or oral order (which, as used in been damaged by other contractors or persons other than this paragraph (b), includes direction, instruction, employees of the PHA in the course of their employment, interpretation, or determination) from the Contracting the Contractor shall restore such damaged work without Officer that causes a change shall be treated as a cost to the PHA and to seek redress for its damage only change order under this clause; provided, that the from those who directly Contractor gives the Contracting Officer written notice caused it. stating (1) the date, circumstances and source of the (i) The PHA shall make the final payment due the Contractor order and (2) that the Contractor regards the order as a under this contract after (1) completion and final change order. acceptance of all work; and (2) presentation of release of (c) Except as provided in this clause, no order, statement or all claims against the PHA arising by virtue of this contract, conduct of the Contracting Officer shall be treated as a other than claims, in stated amounts, that the Contractor change under this clause or entitle the Contractor to an has specifically excepted from the operation of the release. equitable adjustment.

Each such exception shall embrace no more than one (d) If any change under this clause causes an increase or claim, the basis and scope of which shall be clearly decrease in the Contractor’s cost of, or the time required defined. The amounts for such excepted claims shall not for the performance of any part of the work under this be included in the request for final payment. A release may contract, whether or not changed by any such order, the also be required of the assignee if the Contractor’s claim to Contracting Officer shall make an equitable adjustment amounts payable under this contract and modify the contract in writing. However, except for a has been assigned. adjustment based on defective specifications, no proposal (j) Prior to making any payment, the Contracting Officer may for any change under paragraph (b) above shall be require the Contractor to furnish receipts or other allowed for any costs incurred more than 20 days (5 days evidence of payment from all persons performing work for oral orders) before the Contractor gives written notice and supplying material to the Contractor, if the as required. In the case of defective specifications for Contracting Officer determines such evidence is which the PHA is responsible, the equitable adjustment necessary to substantiate claimed costs. shall include any increased cost reasonably incurred by (k) The PHA shall not; (1) determine or adjust any claims for the Contractor in attempting to comply with payment or disputes arising there under between the the defective specifications.

Contractor and its subcontractors or material suppliers; (e) The Contractor must assert its right to an adjustment or, (2) withhold any moneys for the protection of the under this clause within 30 days after (1) receipt of a subcontractors or material suppliers. The failure or written change order under paragraph (a) of this clause, refusal of the PHA to withhold moneys from the or (2) the furnishing of a written notice under paragraph Contractor shall in nowise impair the obligations of any (b) of this clause, by submitting a written statement surety or sureties under any bonds furnished under this describing the general nature and the amount of the contract. proposal. If the facts justify it, the Contracting Officer may extend the period for submission. The proposal may be

28. Contract Modifications included in the notice required under paragraph (b) above. No proposal by the Contractor for an equitable
(a)Only the Contracting Officer has authority to modify any adjustment shall be allowed if asserted after final term or condition of this contract. Any contract payment under this contract. modification shall be authorized in writing. (f) The Contractor’s written proposal for equitable (b)The Contracting Officer may modify the contract adjustment shall be submitted in the form of a lump sum unilaterally (1) pursuant to a specific authorization stated proposal supported with an itemized breakdown of all in a contract clause (e.g., Changes); or (2) for increases and decreases in the contract in at least the administrative matters which do not change the rights or following details:

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(1) Direct Costs. Materials (list individual items, the been so suspended, delayed, or interrupted by any other quantity and unit cost of each, and the aggregate cause, including the fault or negligence of the Contractor cost); Transportation and delivery costs associated or for which any equitable adjustment is provided for or with materials; Labor breakdowns by hours or unit excluded under any other provision of this contract. costs (identified with specific work to be performed); (c) A claim under this clause shall not be allowed (1) for any Construction equipment exclusively necessary for the costs incurred more than 20 days before the Contractor change; Costs of preparation and/ or revision to shop shall have notified the Contracting Officer in writing of drawings resulting from the change; Worker’s the act or failure to act involved (but this requirement Compensation and Public Liability Insurance; shall not apply as to a claim resulting from a suspension Employment taxes under FICA and FUTA; and, Bond order); and, (2) unless the claim, in an amount stated, is Costs when size of change warrants revision. asserted in writing as soon as practicable after the (2) Indirect Costs. Indirect costs may include overhead, termination of the suspension, delay, or interruption, but general and administrative expenses, and fringe not later than the date of final payment under the benefits not normally treated as direct costs. contract. (3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and 31. Disputes complexity of the work required by the change. The
allowability of the direct and indirect costs shall be (a) “Claim,” as used in this clause, means a written demand determined in accordance with the Contract Cost or written assertion by one of the contracting parties Principles and Procedures for Commercial Firms in Part seeking, as a matter of right, the payment of money in a 31 of the Federal Acquisition Regulation (48 CFR 1-31), sum certain, the adjustment or interpretation of contract as implemented by HUD Handbook 2210.18, in effect on terms, or other relief arising under or relating to the the date of this contract. The Contractor shall not be contract. A claim arising under the contract, unlike a allowed a profit on the profit received by any claim relating to the contract, is a claim that can be subcontractor. Equitable adjustments for deleted work resolved under a contract clause that provides for the shall include a credit for profit and may include a credit for relief sought by the claimant. A voucher, invoice, or other indirect costs. On proposals covering both increases and routine request for payment that is not in dispute when decreases in the amount of the contract, the application of submitted is not a claim. The submission may be indirect costs and profit shall be on the net-change in converted to a claim by complying with the requirements direct costs for the Contractor or subcontractor of this clause, if it is disputed either as to liability or performing the work. amount or is not acted upon in a reasonable time. (g)The Contractor shall include in the proposal its request (b) Except for disputes arising under the clauses entitled for time extension (if any), and shall include sufficient Labor Standards - Davis Bacon and Related Acts, herein, information and dates to demonstrate whether and to all disputes arising under or relating to this contract, what extent the change will delay the completion of the including any claims for damages for the alleged breach contract in its entirety. thereof which are not disposed of by agreement, shall be (h)The Contracting Officer shall act on proposals within 30 resolved under this clause. days after their receipt, or notify the Contractor of the (c) All claims by the Contractor shall be made in writing and date when such action will be taken. submitted to the Contracting Officer for a written decision. (i) Failure to reach an agreement on any proposal shall be a A claim by the PHA against the Contractor shall be dispute under the clause entitled Disputes herein. subject to a written decision by the Contracting Officer.

Nothing in this clause, however, shall excuse the (d) The Contracting Officer shall, within 60 (unless otherwise Contractor from proceeding with the contract as changed. indicated) days after receipt of the request, decide the (j) Except in an emergency endangering life or property, no claim or notify the Contractor of the date by which the change shall be made by the Contractor without a prior decision will be made. order from the Contracting Officer. (e) The Contracting Officer’s decision shall be final unless the Contractor (1) appeals in writing to a higher level in

30. Suspension of Work the PHA in accordance with the PHA’s policy and procedures, (2) refers the appeal to an independent
(a)The Contracting Officer may order the Contractor in mediator or arbitrator, or (3) files suit in a court of writing to suspend, delay, or interrupt all or any part of the competent jurisdiction. Such appeal must be made within work of this contract for the period of time that the (30 unless otherwise indicated) days after receipt of the Contracting Officer determines appropriate for the Contracting Officer’s decision. convenience of the PHA. (f) The Contractor shall proceed diligently with performance (b)If the performance of all or any part of the work is, for an of this contract, pending final resolution of any request for unreasonable period of time, suspended, delayed, or relief, claim, appeal, or action arising under or relating to interrupted (1) by an act of the Contracting Officer in the the contract, and comply with any decision of the administration of this contract, or (2) by the Contracting Contracting Officer.

Officer’s failure to act within the time specified (or within a reasonable time if not specified) in this contract an 32. Default adjustment shall be made for any increase in the cost of performance of the contract (excluding profit) necessarily (a) If the Contractor refuses or fails to prosecute the work, or caused by such unreasonable suspension, delay, or any separable part thereof, with the diligence that will interruption and the contract modified in writing insure its completion within the time specified in this accordingly. However, no adjustment shall be made contract, or any extension thereof, or fails to complete under this clause for any suspension, delay, or said work within this time, the Contracting Officer may, by interruption to the extent that performance would have written notice to the Contractor, terminate the right to Previous editions are obsolete Page 11 of 19 form HUD-5370 (1/2014) Replaces form HUD-5370-A
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proceed with the work (or separable part of the work) that completion of the work together with any increased costs has been delayed. In this event, the PHA may take over occasioned the PHA in completing the work. the work and complete it, by contract or otherwise, and (c) If the PHA does not terminate the Contractor’s right to may take possession of and use any materials, proceed, the resulting damage will consist of liquidated equipment, and plant on the work site necessary for damages until the work is completed or accepted. completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the 34. Termination for Convenience Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to (a) The Contracting Officer may terminate this contract in proceed with the work is terminated. This liability includes whole, or in part, whenever the Contracting Officer any increased costs incurred by the PHA in completing determines that such termination is in the best interest of the work. the PHA. Any such termination shall be effected by (b) The Contractor’s right to proceed shall not be terminated delivery to the Contractor of a Notice of Termination or the Contractor charged with damages under this specifying the extent to which the performance of the clause if— work under the contract is terminated, and the date upon (1) The delay in completing the work arises from which such termination becomes effective. unforeseeable causes beyond the control and without (b) If the performance of the work is terminated, either in the fault or negligence of the Contractor. Examples of whole or in part, the PHA shall be liable to the Contractor such causes include (i) acts of God, or of the public for reasonable and proper costs resulting from such enemy, (ii) acts of the PHA or other governmental termination upon the receipt by the PHA of a properly entity in either its sovereign or contractual capacity, presented claim setting out in detail: (1) the total cost of (iii) acts of another contractor in the performance of a the work performed to date of termination less the total contract with the PHA, (iv) fires, (v) floods, (vi) amount of contract payments made to the Contractor; (2) epidemics, (vii) quarantine restrictions, (viii) strikes, the cost (including reasonable profit) of settling and (ix) freight embargoes, (x) unusually severe weather, paying claims under subcontracts and material orders for or (xi) delays of subcontractors or suppliers at any tier work performed and materials and supplies delivered to arising from unforeseeable causes beyond the control the site, payment for which has not been made by the and without the fault or negligence of both the PHA to the Contractor or by the Contractor to the Contractor and the subcontractors or suppliers; and subcontractor or supplier; (3) the cost of preserving and (2) The Contractor, within days (10 days unless otherwise protecting the work already performed until the PHA or indicated) from the beginning of such delay (unless assignee takes possession thereof or assumes extended by the Contracting Officer) notifies the responsibility therefore; (4) the actual or estimated cost of Contracting Officer in writing of the causes of delay. legal and accounting services reasonably necessary to The Contracting Officer shall ascertain the facts and prepare and present the termination claim to the PHA; the extent of the delay. If, in the judgment of the and (5) an amount constituting a reasonable profit on the Contracting Officer, the findings of fact warrant such value of the work performed by the Contractor. action, time for completing the work shall be extended (c) The Contracting Officer will act on the Contractor’s claim by written modification to the contract. The findings of within days (60 days unless otherwise indicated) of the Contracting Officer shall be reduced to a written receipt of the Contractor’s claim. decision which shall be subject to the provisions of (d) Any disputes with regard to this clause are expressly the Disputes clause of this contract. made subject to the provisions of the Disputes clause of (c) If, after termination of the Contractor’s right to proceed, it this contract. is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations 35. Assignment of Contract of the parties will be the same as if the termination had been for convenience of the PHA. The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to

33. Liquidated Damages become due from the PHA under the contract may be assigned to a bank, trust company, or other financial
(a) If the Contractor fails to complete the work within the time institution. Such assignments of claims shall only be specified in the contract, or any extension, as specified in made with the written concurrence of the Contracting the clause entitled Default of this contract, the Contractor Officer. If the Contractor is a partnership, this contract shall pay to the PHA as liquidated damages, the sum of shall inure to the benefit of the surviving or remaining $ ____________ Contracting Officer insert amount] for member(s) of such partnership as approved by the each day of delay. If different completion dates are Contracting Officer. specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be 36. Insurance assessed on those parts or stages which are delayed. To the extent that the Contractor’s delay or nonperformance (a) Before commencing work, the Contractor and each is excused under another clause in this contract, subcontractor shall furnish the PHA with certificates of liquidated damages shall not be due the PHA. The insurance showing the following insurance is in force and Contractor remains liable for damages caused other than will insure all operations under the Contract:
by delay. (1) Workers’ Compensation, in accordance with state or (b) If the PHA terminates the Contractor’s right to proceed, Territorial Workers’ Compensation laws. the resulting damage will consist of liquidated damages (2) Commercial General Liability with a combined single until such reasonable time as may be required for final limit for bodily injury and property damage of not less than $ __________ [Contracting Officer insert amount]
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per occurrence to protect the Contractor and each (2) “Subcontractor” means any supplier, vendor, or firm subcontractor against claims for bodily injury or death that furnishes supplies, materials, equipment, or and damage to the property of others. This shall cover services to or for the Contractor or another the use of all equipment, hoists, and vehicles subcontractor. on the site(s) not covered by Automobile Liability (b) The Contractor shall not enter into any subcontract with under (3) below. If the Contractor has a "claims made” any subcontractor who has been temporarily denied policy, then the following additional requirements participation in a HUD program or who has been apply: the policy must provide a “retroactive date” suspended or debarred from participating in contracting which must be on or before the programs by any agency of the United States execution date of the Contract; and the extended Government or of the state in which the work under this reporting period may not be less than five years contract is to be performed. following the completion date of the Contract. (c) The Contractor shall be as fully responsible for the acts or (3) Automobile Liability on owned and non -owned motor omissions of its subcontractors, and of persons either vehicles used on the site(s) or in connection therewith directly or indirectly employed by them as for the acts or for a combined single limit for bodily injury and omissions of persons directly employed by the property damage of not less than $ ______________________________Contractor. [Contracting Officer insert amount] per occurrence. (d) The Contractor shall insert appropriate clauses in all (b) Before commencing work, the Contractor shall furnish the subcontracts to bind subcontractors to the terms and PHA with a certificate of insurance evidencing that conditions of this contract insofar as they are applicable Builder’s Risk (fire and extended coverage) Insurance on to the work of subcontractors. all work in place and/or materials stored at the building (e) Nothing contained in this contract shall create any site(s), including foundations and building equipment, is contractual relationship between any subcontractor and in force. The Builder’s Risk Insurance shall be for the the PHA or between the subcontractor and HUD. benefit of the Contractor and the PHA as their interests may appear and each shall be named in the policy or 38. Subcontracting with Small and Minority Firms, policies as an insured. The Contractor in installing Women’s Business Enterprise, and Labor Surplus equipment supplied by the PHA shall carry insurance on Area Firms such equipment from the time the Contractor takes
possession thereof until the Contract work is accepted by The Contractor shall take the following steps to ensure the PHA. The Builder’s Risk Insurance need not be that, whenever possible, subcontracts are awarded to carried on excavations, piers, footings, or foundations small business firms, minority firms, women’s business until such time as work on the superstructure is started. It enterprises, and labor surplus area firms:
need not be carried on landscape work. Policies shall
furnish coverage at all times for the full cash value of all completed construction, as well as materials in place
and/or stored at the site(s), whether or not partial
payment has been made by the PHA. The Contractor
may terminate this insurance on buildings as of the date taken over for occupancy by the PHA. The Contractor is
not required to carry Builder’s Risk Insurance for
modernization work which does not involve structural
alterations or additions and where the PHA’s existing fire and extended coverage policy can be endorsed to
include such work.
(c) All insurance shall be carried with companies which are financially responsible and admitted to do business in the State in which the project is located. If any such
insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All
certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or nonrenewed by the insurance company until at least 30 days prior written notice has been given to the Contracting
Officer.

37. Subcontracts
(a) Definitions. As used in this contract -
(1) “Subcontract” means any contract, purchase order, or other purchase agreement, including modifications and
change orders to the foregoing, entered into by a
subcontractor to furnish supplies, materials,
equipment, and services for the performance of the
prime contract or a subcontract.
(a) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
(b) Ensuring that small and minority businesses and
women’s business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses and women’s business enterprises;
(d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women’s business enterprises; and
(e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business
Development Agency of the U.S. Department of
Commerce, and State and local governmental small
business agencies.

39. Equal Employment Opportunity
During the performance of this contract, the Contractor/ Seller agrees as follows:
(a) The Contractor/Seller shall not discriminate against any employee or applicant for employment because of of race color, religion, sex, sexual orientation, gender identity, disability, or national origin.
(b) The Contractor/Seller shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. Such action shall
include, but not be limited to, (1) employment, (2) upgrading demotion, (4) transfer, (5) recruitment or
recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8)
selection for training,including apprenticeship
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(c) The Contractor/Seller agrees to post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause.
(d) The Contractor/Seller shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor/Seller, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(e) The Contractor/Seller shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(f) The Contractor/Seller shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(g) The Contractor/Seller shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor/Seller shall permit
access to its books, records, and accounts by the
Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and
orders.
(h) In the event of a that the Contractor/Seller is in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the
contractor/seller may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(i)The contractor/seller will include the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub[contractor/seller] or vendor. The [contractor/seller] will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions in cluding sanctions for noncompliance: Provided, however, that in the event the [contractor/seller] becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the [contractor/seller] may request the United States to enter into such litigation to protect the interests of the United States.
(j) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not in
derogation of, compliance with section 7(b) of the Indian Self-Determination and Education Assistance Act and the Indian Preference clause of this contract.

40. Employment, Training, and Contracting
Opportunities for Low-Income Persons, Section 3 of the
Housing and Urban Development Act of 1968.
(a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 prioritization requirements and shall state the minimum percentages of labor hour requirements established in the Benchmark Notice (FR6085-N-04). (d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. (e) Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
(f) Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in
employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of 24 CFR Part 75.

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41. Interest of Members of Congress (a) The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives No member of or delegate to the Congress of the United shall, until 3 years after final payment under this contract, States of America shall be admitted to any share or part of have access to and the right to examine any of the this contract or to any benefit that may arise therefrom. Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this

42. Interest of Members, Officers, or Employees and contract for the purpose of making audit, examination, Former Members, Officers, or Employees excerpts, and transcriptions. (b) The Contractor agrees to include in first-tier subcontracts No member, officer, or employee of the PHA, no member under this contract a clause substantially the same as of the governing body of the locality in which the project paragraph (a) above. “Subcontract,” as used in this is situated, no member of the governing body of the clause, excludes purchase orders not exceeding locality in which the PHA was activated, and no other $10,000. public official of such locality or localities who exercises (c) The periods of access and examination in paragraphs (a) any functions or responsibilities with respect to the and (b) above for records relating to (1) appeals under the project, shall, during his or her tenure, or for one year Disputes clause of this contract, (2) litigation or settlement thereafter, have any interest, direct or indirect, in this of claims arising from the performance of this contract, or contract or the proceeds thereof. (3) costs and expenses of this contract to which the PHA, HUD, or Comptroller General or any of their duly

43. Limitations on Payments made to Influence Certain authorized representatives has taken exception shall Federal Financial Transactions continue until disposition of such appeals, litigation, claims, or exceptions.
(a) The Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of 46. Labor Standards - Davis-Bacon and Related Acts Federal appropriated funds to pay any person for
influencing or attempting to influence an officer or If the total amount of this contract exceeds $2,000, the employee of any agency, a Member of Congress, and Federal labor standards set forth in the clause below shall officer or employee of Congress, or an employee of a apply to the development or construction work to be Member of Congress in connection with any of the performed under the contract. following covered Federal actions: the awarding of any (a) Minimum Wages.

Federal contract; the making of any Federal grant; the (1) All laborers and mechanics employed under this making of any Federal loan; the entering into of any contract in the development or construction of the cooperative agreement; or the modification of any project(s) involved will be paid unconditionally and not Federal contract, grant, loan, or cooperative agreement. less often than once a week, and without subsequent (b) The Contractor further agrees to comply with the deduction or rebate on any account (except such payroll requirement of the Act to furnish a disclosure (OMB deductions as are permitted by regulations issued by the Standard Form LLL, Disclosure of Lobbying Activities) if Secretary of Labor under the Copeland Act (29 CFR Part any funds other than Federal appropriated funds 3)), the full amount of wages and bona fide fringe benefits (including profit or fee received under a covered Federal (or cash equivalents thereof) due at time of payment transaction) have been paid, or will be paid, to any person computed at rates not less than those contained in the for influencing or attempting to influence an officer or wage determination of the Secretary of Labor which is employee of any agency, a Member of Congress, an attached hereto and made a part hereof, regardless of officer or employee of Congress, or an employee of a any contractual relationship which may be alleged to exist Member of Congress in connection with a Federal between the Contractor and such laborers and contract, grant, loan, or cooperative agreement. mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section

44. Royalties and Patents 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or The Contractor shall pay all royalties and license fees. It mechanics, subject to the provisions of 29 CFR shall defend all suits or claims for infringement of any 5.5(a)(1)(iv); also, regular contributions made or costs patent rights and shall save the PHA harmless from loss incurred for more than a weekly period (but not less often on account thereof; except that the PHA shall be than quarterly) under plans, funds, or programs which responsible for all such loss when a particular design, cover the regular weekly period, are deemed to be process or the product of a particular manufacturer or constructively made or incurred during such weekly manufacturers is specified and the Contractor has no period. Such laborers and mechanics shall be paid the reason to believe that the specified design, process, or appropriate wage rate and fringe benefits in the wage product is an infringement. If, however, the Contractor determination for the classification of work actually has reason to believe that any design, process or product performed, without regard to skill, except as provided in specified is an infringement of a patent, the Contractor 29 CFR 5.5(a)(4). Laborers or mechanics performing shall promptly notify the Contracting Officer. Failure to work in more than one classification may be give such notice shall make the Contractor responsible compensated at the rate specified for each classification for resultant loss. for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time

45. Examination and Retention of Contractor’s Records spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall
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be posted at all times by the Contractor and its amount of any costs reasonably anticipated in subcontractors at the site of the work in a prominent and providing bona fide fringe benefits under a plan or accessible place where it can be easily seen by the program; provided, that the Secretary of Labor has workers. found, upon the written request of the Contractor, that (2) (i) Any class of laborers or mechanics, including the applicable standards of the Davis-Bacon Act have helpers, which is not listed in the wage been met. The Secretary of Labor may require the determination and which is to be employed under Contractor to set aside in a separate account assets the contract shall be classified in conformance with for the meeting of obligations under the plan or the wage determination. HUD shall approve an program.
additional classification and wage rate and fringe (b) Withholding of funds. HUD or its designee shall, upon its benefits therefor only when all the following criteria own action or upon written request of an authorized have been met: (A) The work to be performed by representative of the Department of Labor, withhold or the classification requested is not performed by a cause to be withheld from the Contractor under this classification in the wage determination; and (B) contract or any other Federal contract with the same The classification is utilized in the area by the prime Contractor, or any other Federally-assisted construction industry; and (C) The proposed wage contract subject to Davis-Bacon prevailing wage rate, including any bona fide fringe benefits, bears requirements, which is held by the same prime a reasonable relationship to the wage rates Contractor, so much of the accrued payments or contained in the wage advances as may be considered necessary to pay determination. laborers and mechanics, including apprentices, trainees, (ii) If the Contractor and the laborers and mechanics and helpers, employed by the Contractor or any to be employed in the classification (if known), or subcontractor the full amount of wages required by the their representatives, and HUD or its designee contract. In the event of failure to pay any laborer or agree on the classification and wage rate mechanic, including any apprentice, trainee, or helper, (including the amount designated for fringe employed or working in the construction or development benefits where appropriate), a report of the action of the project, all or part of the wages required by the taken shall be sent by HUD or its designee to the contract, HUD or its designee may, after written notice to Administrator of the Wage and Hour Division, the Contractor, take such action as may be necessary to Employee Standards Administration, U.S. cause the suspension of any further payment, advance, Department of Labor, Washington, DC 20210. or guarantee of funds until such violations have ceased.

The Administrator, or an authorized HUD or its designee may, after written notice to the representative, will approve, modify, or disapprove Contractor, disburse such amounts withheld for and on every additional classification action within 30 days account of the Contractor or subcontractor to the of receipt and so advise HUD or its designee or will respective employees to whom they are due. notify HUD or its designee within the 30-day period (c) Payrolls and basic records. that additional time is necessary. (1) Payrolls and basic records relating thereto shall be (iii) In the event the Contractor, the laborers or maintained by the Contractor during the course of the mechanics to be employed in the classification or work and preserved for a period of three years their representatives, and HUD or its designee do thereafter for all laborers and mechanics working in not agree on the proposed classification and wage the construction or development of the project. Such rate (including the amount designated for fringe records shall contain the name, address, and social benefits, where appropriate), HUD or its designee security number of each such worker, his or her shall refer the questions, including the views of all correct classification, hourly rates of wages paid interested parties and the recommendation of HUD (including rates of contributions or costs anticipated or its designee, to the Administrator of the Wage for bona fide fringe benefits or cash equivalents and Hour Division for determination. The thereof of the types described in section 1(b)(2)(B) of Administrator, or an authorized representative, will the Davis-Bacon Act), daily and weekly number of issue a determination within 30 days of receipt and hours worked, deductions made, and actual wages so advise HUD or its designee or will notify HUD or paid. Whenever the Secretary of Labor has found, its designee within the 30-day period that under 29 CFR 5.5(a)(1)(iv), that the wages of any additional time is necessary. laborer or mechanic include the amount of costs (iv) The wage rate (including fringe benefits where reasonably anticipated in providing benefits under a appropriate) determined pursuant to plan or program described in section 1(b)(2)(B) of the subparagraphs (a)(2)(ii) or (iii) of this clause shall Davis-Bacon Act, the Contractor shall maintain be paid to all workers performing work in the records which show that the commitment to provide classification under this contract from the first day such benefits is enforceable, that the plan or program on which work is performed in classification. is financially responsible, and that the plan or (3) Whenever the minimum wage rate prescribed in the program has been communicated in writing to the contract for a class of laborers or mechanics includes laborers or mechanics affected, and records which a fringe benefit which is not expressed as an hourly show the costs anticipated or the actual cost incurred rate, the Contractor shall either pay the benefit as in providing such benefits. Contractors employing stated in the wage determination or shall pay another apprentices or trainees under approved programs bona fide fringe benefit or an hourly cash equivalent shall maintain written evidence of the registration of thereof. apprenticeship programs and certification of trainee (4) If the Contractor does not make payments to a trustee programs, the registration of the apprentices and or other third person, the Contractor may consider as trainees, and the ratios and wage rates prescribed in part of the wages of any laborer or mechanic the the applicable programs.

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(2) (i) The Contractor shall submit weekly for each week make such records available may be grounds for in which any contract work is performed a copy of debarment action pursuant to 29 CFR 5.12. all payrolls to the Contracting Officer for (d) (1) Apprentices. Apprentices will be permitted to work at transmission to HUD or its designee. The payrolls less than the predetermined rate for the work they submitted shall set out accurately and completely performed when they are employed pursuant to and all of the information required to be maintained individually registered in a bona fide apprenticeship under subparagraph (c)(1) of this clause. This program registered with the U.S. Department of information may be submitted in any form desired. Labor, Employment and Training Administration, Optional Form WH-347 (Federal Stock Number Office of Apprenticeship and Training, Employer and 029-005-00014-1) is available for this purpose and Labor Services (OATELS), or with a State may be purchased from the Superintendent of Apprenticeship Agency recognized by OATELS, or if a Documents, U.S. Government Printing Office, person is employed in his or her first 90 days of Washington, D.C. 20402. The Contractor is probationary employment as an apprentice in such an responsible for the submission of copies of apprenticeship program, who is not individually payrolls by all subcontractors. (Approved by the registered in the program, but who has been certified Office of Management and Budget under OMB by OATELS or a State Apprenticeship Agency (where Control Number 1214-0149.) appropriate) to be eligible for probationary (ii) Each payroll submitted shall be accompanied by a employment as an apprentice. The allowable ratio of “Statement of Compliance,” signed by the apprentices to journeymen on the job site in any craft Contractor or subcontractor or his or her agent classification shall not be greater than the ratio who pays or supervises the payment of the permitted to the Contractor as to the entire work force persons employed under the contract and shall under the registered program. Any worker listed on a certify the following: payroll at an apprentice wage rate, who is not (A) That the payroll for the payroll period contains registered or otherwise employed as stated in this the information required to be maintained paragraph, shall be paid not less than the applicable under paragraph (c) (1) of this clause and that wage rate on the wage determination for the such information is correct and complete; classification of work actually performed. In addition, (B) That each laborer or mechanic (including each any apprentice performing work on the job site in helper, apprentice, and trainee) employed on excess of the ratio permitted under the registered the contract during the payroll period has been program shall be paid not less than the applicable paid the full weekly wages earned, without wage rate on the wage determination for the work rebate, either directly or indirectly, and that no actually performed. Where a contractor is performing deductions have been made either directly or construction on a project in a locality other than that in indirectly from the full wages earned, other which its program is registered, the ratios and wage than permissible deductions as set forth in 29 rates (expressed in percentages of the journeyman’s CFR Part 3; and hourly rate) specified in the Contractor’s or (C) That each laborer or mechanic has been paid subcontractor’s registered program shall be observed. not less than the applicable wage rates and Every apprentice must be paid at not less than the rate fringe benefits or cash equivalents for the specified in the registered program for the apprentice’s classification of work performed, as specified level of progress, expressed as a percentage of the in the applicable wage determination journeyman hourly rate specified in the applicable incorporated into the contract. wage determination. Apprentices shall be paid fringe (iii) The weekly submission of a properly executed benefits in accordance with the provisions of the certification set forth on the reverse side of apprenticeship program. If the apprenticeship program Optional Form WH-347 shall satisfy the does not specify fringe benefits, apprentices must be requirements for submission of the “Statement of paid the full amount of fringe benefits listed on the Compliance” required by subparagraph (c)(2)(ii) of wage determination for the applicable classification. If this clause. the Administrator of the Wage and Hour Division (iv) The falsification of any of the above certifications determines that a different practice prevails for the may subject the Contractor or subcontractor to civil applicable apprentice classification, fringes shall be or criminal prosecution under Section 1001 of Title paid in accordance with that determination. In the 18 and Section 3729 of Title 31 of the United event OATELS, or a State Apprenticeship Agency States Code. recognized by OATELS, withdraws approval of an (3) The Contractor or subcontractor shall make the apprenticeship program, the Contractor will no longer records required under subparagraph (c)(1) available be permitted to utilize apprentices at less than the for inspection, copying, or transcription by authorized applicable predetermined rate for the work performed representatives of HUD or its designee, the until an acceptable Contracting Officer, or the Department of Labor and program is approved. shall permit such representatives to interview (2) Trainees. Except as provided in 29 CFR 5.16, employees during working hours on the job. If the trainees will not be permitted to work at less than the Contractor or subcontractor fails to submit the predetermined rate for the work performed unless they required records or to make them available, HUD or are employed pursuant to and individually registered in its designee may, after written notice to the a program which has received prior approval, Contractor, take such action as may be necessary to evidenced by formal certification by the U.S. cause the suspension of any further payment, Department of Labor, Employment and Training advance, or guarantee of funds. Furthermore, failure Administration. The ratio of trainees to journeymen on to submit the required records upon request or to the job site shall not be greater than permitted under Previous editions are obsolete Page 17 of 19 form HUD-5370 (1/2014) Replaces form HUD-5370-A
354
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a United States
Government contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.
(j) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or
subcontractor contracting for any part of the contract
work which may require or involve the employment of
laborers or mechanics, including watchmen and
guards, shall require or permit any such laborer or
mechanic in any workweek in which the individual is
employed on such work to work in excess of 40 hours
in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours
worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the
provisions set forth in subparagraph (j)(1) of this
clause, the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid
wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in
the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each
individual laborer or mechanic (including watchmen
and guards) employed in violation of the provisions
set forth in subparagraph (j)(1) of this clause, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess
of the standard workweek of 40 hours without
payment of the overtime wages required by
provisions set forth in subparagraph (j)(1) of this
clause. DOL posts current fines at: https://www.dol.gov/whd/ govcontracts/cwhssa.htm#cmp
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on
account of work performed by the Contractor or
subcontractor under any such contract or any Federal
contract with the same prime Contractor, or any other
Federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held
by the same prime Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions
set forth in subparagraph (j)(2) of this clause.
(k) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee
may by appropriate instructions require, and also a
clause requiring the subcontractors to include these
provisions in any lower tier subcontracts. The prime
Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage
of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage
determination unless the Administrator of the Wage
and Hour Division determines that there is an
apprenticeship program associated with the
corresponding journeyman wage rate in the wage
determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and
participating in a training plan approved by the
Employment and Training Administration shall be paid
not less than the applicable wage rate in the wage
determination for the classification of work actually
performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate in the wage determination for the
work actually performed. In the event the Employment
and Training Administration withdraws approval of a
training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of
apprentices, trainees, and journeymen under this
clause shall be in conformity with the equal
employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
(e) Compliance with Copeland Act requirements. The
Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.
(f) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as
provided in 29 CFR 5.12.
(g) Compliance with Davis-Bacon and related Act
requirements. All rulings and interpretations of the DavisBacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract.
(h) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract.

Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29
CFR Parts 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the Contractor (or any of its subcontractors) and the PHA, HUD, the U.S.

Department of Labor, or the employees or their
representatives.
(i) Certification of eligibility.
(1) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the Contractor’s firm is a
person or firm ineligible to be awarded contracts by
the United States Government by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

Previous editions are obsolete
Replaces form HUD-5370-A

Page 18 of 19 ends

355

47. Non-Federal Prevailing Wage Rates
(a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any
trade or position employed under the contract, is
inapplicable to the contract and shall not be enforced
against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever
such non-Federal prevailing wage rate exceeds:
(1) The applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C.
3141 et seq.) to be prevailing in the locality with
respect to such trade;
(b) An applicable apprentice wage rate based thereon
specified in an apprenticeship program registered with
the U.S. Department of Labor (DOL) or a DOLrecognized State Apprenticeship Agency; or (c) An applicable trainee wage rate based thereon specified in a DOL-certified trainee program.

48. Procurement of Recovered Materials.
(a) In accordance with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act, the Contractor shall procure items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA
guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably
available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be
determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an
unreasonable price.
( ) Paragraph (a) of this clause shall apply to items
purchased under this contract where: (1) the
Contractor purchases in excess of $10,000 of the item
under this contract; or (2) during the preceding
Federal fiscal year, the Contractor: (i) purchased any
amount of the items for use under a contract that was
funded with Federal appropriations and was with a
Federal agency or a State agency or agency of a
political subdivision of a State; and (ii) purchased a
total of in excess of $10,000 of the item both under
and outside that contract.

Previous editions are obsolete Page 19 of 19 form HUD-5370 (1/2014) Replaces form HUD-5370-A
356

EXHIBIT G

GENERAL CONDITIONS
Contract is federally assisted therefore, all applicable wage determinations, safety and health regulations, nondiscrimination provisions, labor standards, and requirements. Including but not limited to:

Work Hours:

From 8:00 AM to 5:00 PM max. Including 1-hour lunch.

No work is allowed Saturdays, Sundays, Authority flex Fridays and any official holidays.

Safety and Security:

The contractors are required to secure the work area during the work hours, lunch hours, weekends, and holidays. The contractors shall secure and render safe the entire construction area at the end of each working day. Work areas must be well barricaded and flagged, and all precautions should be taken to avoid injury or damage to any person or property and shall protect and indemnify the Housing against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by it or its agents, employees or Subcontractors. Work to be completed in compliance with the Department of Housing and Urban Development’s and US Environmental Protection Agency’s lead-based paint remediation requirements.

Compliance with all Laws:

The contractors shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the contractors perform pursuant to the contract documents.

Project Schedule:

The contractor is expected to complete the job in not to exceed one hundred twenty (120) working days.

Construction Debris:

Due to the nature of the job, the contractor is responsible for hauling away debris.

Storage Bin
The contractor shall provide bins and/or containers for temporary storage.

Warranty:

The contractor shall warrant the work for a period of Three (3) years on workmanship.

Final Walkthrough, and Sign off:

The contractor is required to call for a final walk through with the project manager and/ or the Housing Authority staff after completion of the project. Upon approval, the contractor may bill 357
the Housing Authority for said work. All the payments will be pending obtaining a final sign off from the City inspector and turning in those permits.

EXHIBIT G
358
Feature/Trade Acquisition Status Priority Task Admin COA Section 106 Assign Project Phase Year Status
Re-roof - high quality comp shingles
Install high quality gutters
Resurface/replace front, porte cochere,
and balcony decks
Moderate
Priority Replace bird screening - clear spikes Exempt Exempt OHA Phase 2 2026 High
Priority
Low
Priority
Low
Priority
Low
Priority Yes
High
Priority
High
Priority
MA/PY 9 (2019) Reported interior/exterior repaint
(2010). Inspection (2/2014) documented need for
painting south side windows frames & sills, which
was never reported completed. Wood DH &
casement – singles, pairs, ribbons, & tripartite. Some
modification and relocation; Modifications and
addition of out-swinging casements (1929). Full
inventory, including inspection of operation status,
condition, and R/R needs, as well as glass, glazing,

R/R windows, as needed Yes Yes KC Restoration
pending 12/16
Yes Yes TBD
Yes Phase 4 2028
Mid-Jan
pending
contract
approval &
entitlements
Replace north attic vent 2027

Phase 2
Phase 3
2026
2026
Yes TBD
Low-priority due to eliminated access. Replace with
period or stylistically appropriate design to match
front, side, and rear entries.

Redesign handrail on porch cochere roof
deck 2027
Start Date
12/22
Restore front, side deck, and rear entries Yes 2027 12/15-12/19 Repair as minimally as possible to correct minor
condition. In-kind replacement material, if needed. Repair Unit 9 entry step Exempt OHA Yes Mackone Phase 1 2025
Exempt Phase 2 2026
TBD
TBD
Yes
Requires full inventory and repair/restoration, or
replacement in kind if needed, of all wood trim and
sills, framing, and sash rails and stiles. Coordinate
with window work and painting.

R/R dry rotted window trim boards
Mid-Jan
pending
contract
approval &
entitlements
Original front entry steps have been removed and
inappropriate handrails introduced in front and rear.

Requires immediate fix for safe and compliant
handrail and eventual restoration/reconstruction or
period/stylistically appropriate entry/rail.

Replace/restore handrail at front porch,
rear porch and Unit 2 rear Yes
Phase 3
High
Priority
High
Priority
High
Priority
Yes Yes TBD Phase 3 2027
Yes Yes KC Restoration
pending 12/16 Phase 2
Start Date
11/24
201 S. D. Street; Landmark No. 75; Constructed 1912; CRHR Status Code: 3S; Original owner: A. Levy; Architect: A.C. Martin; Contractor: Paul C. Staple The A. Levy House
Regulatory Compliance Action
Carpentry
Many areas of dry rot & missing material noted.

Comprehensive repair required. Many visible
exterior holes/gaps. Full inspection and repair
required, coordinate with painting. Carriage House -
MAPY 5 (2015). Incomplete. Siding is extant on
three elevations (2017). Reported in 2018 that south
side was still not done as required access by
neighbor. This remains vertical boards. Coordinate
with house siding work.

Project Plan & Scope of Work
High Mackone
Priority Yes Phase 1 2025
Roofing
MA/PY 7 (2017) Incomplete; owner withdrew from
Mills Act plan in 2021. Prior work: Reroof (2002),
Elastomeric coating (2019-2021). Documentation
indicates not replaced during 2010-2024 period.

Inspection and estimate required by qualified roofer.

Reroof with more appropriate/compatible comp
shingle material, color, and shadowed thickness.

Rafter notching on wide gable eaves indicates
missing gutter system; requires replacement. Bird
screening is causing debris trap. Porte cochere deck,
front deck, rear balcony deck all in poor condition;
front deck requires resloping for drainage, possible
rebuild.

Yes
R/R exterior wood cladding in kind
Consistent, period or stylistically appropriate design. Rebuild/restore subfloor vents Yes Phase 3
359
High
Priority
Moderate
Priority
Routine
Maintenance
Yes
Low
Priority
Moderate
Priority
Exempt OHA As Needed As Needed
, , g , g g,
weatherstripping, and operational mechanisms
needed. SE windows are in worst condition with
scattered needs throughout. Coordinate with window
repair (see Plan Year 3). Original screens missing;
carriage house has replacement screens (~30 A/F) in
cellar. Custom screens needed to restore original
aesthetic.

RA Architect
Vendor TBD Phase 3 2027
Exempt
Phase 5 2029 Yes
Exterior
As Needed As Needed
Yes Yes OHA
Plumbing
Unspecific plumbing work reported in Units
1,2,3,4,6,8, & 9 (2019-2021). Water heater installed
in Units 7 & 8. Replacement of 4” cast iron drainpipe
in Units 1, 2, 4, 7, 8, & 9 (2019-2021). Drain pipes
may be lower priority due to more recent work.Water
heater – shared plumbing. Need to investigate. Ideal
would be to separate everything and pay their own. If
not, identify what is shared and how to distribute
equitably. Identify unauthorized tenants. Get asbuilts. Sewer lines look new – replaced at some point. ABS. No issues. Incoming – no complaints.

See copper lines in cellar. Previous vendor work
unavailable.

Repair/repipe incoming & drain lines as
needed - pending plumbing
investigation
Yes
Lidar
10/3
Survey TBD
1/2026
MAPY 2 (2012). Unit 2 viewed - modern
replacements. Inspected all units (2/10-2/11).

Incomplete, but not urgent condition. Replace as
needed with unit vacancies.

Routine
Maintenance
Repair/replace damaged or inoperable
interior fixtures with period-appropriate
selections in consultation with JMRC, as
needed
Exempt Ongoing
Furnaces (5) located in cellar All require
MA/PY6 (2016) Interior door replacement reported
completed. Replacements and current inventory of
doors is unclear. Reported Units 4, 7, 6, & 8 replaced
(2011/2012) and all but one replaced (2016/2017).

Interior entry doors appear mostly original/period
with various hardware from original to modern.

Exterior doors on main house replaced except rear
balcony. Carriage House has one original exterior
door. A full inventory of interior/exterior doors on
residence and carriage house is required to determine
replacement needs and plan to achieve period
appropriate and uniform aesthetic. Interior doors
should be either 5-panel or Shaker style. Inventory is
low priority and work includes restoration
opportunity and can be completed in priority
phases/routine maintenance.

Replace inappropriate exterior/interior
doors, as needed Yes
Painting Severe failing conditions noted. Full repaint required.

Coordinate with all exterior patch/repair work.

TBD
Minor exterior paint touch-ups as
needed Exempt OHA Ongoing
Phase 3 2027 Yes
Exterior Section 106
Windows
& Doors
TBD
Install new screens, as needed;
coordinate with progression of window
work, 2/26-6/26
Phase 2 2026
360
High
Priority
Install glass doors and pad lock to
ensure nonuse - Units 8 & 9 Exempt Exempt OHA Phase 2 2026 Seismic strap chimneys to structure at
roofline E63 Yes Yes RA Architect
Vendor TBD Phase 3 2027
Lidar
10/3
Survey TBD
1/2026
Increase chimney stacks to code and
potentially install spark arrestor -
pending structural investigation
Yes Yes RA Architect
Vendor TBD Phase 3 2027
Lidar
10/3
Survey TBD
1/2026
Repoint mortar & restore/seal brick Yes Yes Vendor TBD Phase 3 2027 Upgrade service amperage, as needed -
pending structural investigation
Install new panel(s), as needed - pending
structural investigation
MAPY 7 (2017). Units 1,2, & 3 repainted (2019-
2021). Not reported. All units inspected 2/10-2/11.

Large patch near attic access is improvable.

Repair/patch, repaint interior plaster
walls/ceiling as needed in consultation
with JMRC.

MAPY 8 (2018). Repeat from Plan Year 2 (2012).

Not reported. All units inspected 2/10-2/11.Inspect
and replace as needed with unit vacancies.

Replace kitchen/bath fixtrs/applcs
Minor interior repairs to flooring
Minor interior wood trim repair/paint
OHA As Needed As Needed
Yes ABC
Exempt
Phase 1
As Needed
2025
As Needed
Phase 3 2027
Phase 3 2027
Yes OHA
Yes TBD
2025
As Needed
Phase 1
As Needed
Electrical Exempt RA Architect
Vendor TBD
Exempt OHA As Needed As Needed
Anticipated interior repair and maintenance work
MAPY 9 (2019). Incomplete/not completed.

Ongoing
MA/PY 6 (2016) Unspecific repairs reported (2019-
2021). Full inspection and repair/rewire required.

May need service amp upgrade and new panel(s).

Requires full inspection and rewire to separate units.

May have 7 meters, and carriage house shares a
meter. 100 AMP service per unit.

Exempt
Interior Work Routine
Maintenance Exempt
Flooring
MA/PY 4 (2014) Reported completed: Units 1 & 3
(2019-2021). Reported not completed: Unit 8 (2015),
Units 4 & 9 (2018). Unit 2 inspected (carpeted). All
units inspected 2/10-2/11 - Unit 9 original wood
flooring with some damaged areas, all other units are
in acceptable condition. Inspect and complete as
needed with unit vacancies.

Routine
Maintenance
Repair or refloor with wood plank
flooring - Unit 2 (vacant) and others
with unit vacancies, as needed.

Yes
High
Priority
Low
Priority
Unit 2 11/6
Unit 6 11/6
Additional as
on-going
maintenance
Inappropriate shellack finish should be removed, R/R
flooring as needed, refinish appropriately Refinish front/rear porch flooring Yes Chimney
Regardless of operable status, chimneys require
interior inspection and repair of flues and fireboxes
by chimney sweep; interior/exterior inspection,
repair, and repointing of mortar by mason; rebuilding
of stacks above roofline per code; seismic strapping,
and application of approved penetrating sealer (and
possibly sacrificial anti-graffiti coating) for at least front chimney. Coordinate exterior stack and seismic
tie work with roof work, if possible.

Unit 2 11/13
Units 4,6,8,9 ongoing
maintenance
Landscaping MA/PY 2 (2012) Landscaping in good condition, not urgent. No work needed at this time.

Routine
Maintenance
Landscaping - install sprinklers, cleanup plantings, trim trees as needed Exempt Ongoing HVAC
Furnaces (5) located in cellar. All require
replacement. A few mid-century interior wall heaters
were identified by JMRC. No whole house AC
system; consider future system or split units. Existing tenant window AC units; some problematic, causing
water damage to adjacent historic materials. Tenant
AC window units removed 4/2025. Observed new
window units 11/2025 - will address at start of
window restoration project.

Routine
Maintenance
Replace Unit 2 furnace with interior
wall heater in Phase 1 and Units 4,6,8,9
in Phase 2. Remove furnaces from cellar
in Phase 3. Intention is to minimize
intrusive addition of duct work, intake
vents, etc. Retain historic vents and
appliances in consultation with JMRC
Yes
Lidar
10/3
Survey TBD
1/2026
Furnaces (5 located in cellar. All require
361
Moderate
Priority
Replace exterior cellar door and
weatherproof/seal as needed Yes No Vendor TBD Phase 2 2026 Hazards Find prior or complete hazards investigation Moderate Priority Exempt Exempt TBD Phase 2 2026
2027
Yes TBD
RA Architects
Vendor TBD
Yes
Yes Mackone Phase 1 2025 Phase 3
Pest Control
Termite and dry rot damage noted/suspected. Termite
inspection (2/24), termite treatment (4/28);
coordinate R/R with siding/paint
R/R wood material, as needed Exempt
ADA Compliance
Not accessible; however, appears to meet Section 8
requirements. Checking grant requirements. Rear
entry may be easily made accessible and mailboxes
relocated to exterior if needed/desired.

Determined Section 8 compliant.

Consider accessibility needs in
consultation with JMRC - Phase 3
Yes Phase 3 2027
Exempt TBD Phase 3 2027
Low
Priority
High
Priority
Seal subfloor vents Yes
Seismic Inspected 2/10 - Foundation is not strapped Foundation strapping - pending architectural investigation Yes
Lidar
10/3
Survey TBD
1/2026
Weatherproofing
MA/PY 6 (2016) Reported complete; unlikely. No
evidence provided. Low priority. Coordinate after
electrical and plumbing, if needed. 2/10-2/11 Main
side gable has bat insulation; none in W cross gable.

No attic in carriage house. Schedule after all attic
access work. Numerous intrusions and gaps
identified.

Insulate attic Yes TBD Phase 3 2027
Yes TBD Phase 3 2027
Yes
Low
Priority
Moderate
Priority
High
Priority
High
Priority
Construct fire floor separation per code -
pending architectural investigation Yes
Lidar
10/3
Survey TBD
1/2026
Restore interior steps/access - pending
architectural investigation Yes
Lidar
10/3
Survey TBD
1/2026
Yes RA Architects
Vendor TBD Phase 3 2027
Yes RA Architects
Vendor TBD Phase 3 2027 Low Priority
Start
12/22
South property line wood fence may be out if
alignment in rear at carriage house. Wood fence is in
poor condition and requires replacement.

Moderate
Priority
Replace in kind. Consider vinyl, if
allowable. TBD
Site Work

Walkways are in poor condition and require in-kind
replacement to match in material, scoring pattern,
color, and aggregate texture. Two front curving
walkways are original/early. Dimension, curvature,
and path must also be preserved in replacement.

Salvage and reuse original contractor stamp(s), if
present. MAPY 10 (2020). Incomplete. Minor repairs
reported in Year 4 (2014). Driveway is in poor
condition and requires in-kind replacement to match
in material, scoring pattern, color, and aggregate
texture. Assess salvage and reuse potential of original contractor stamp(s).

Replace concrete driveway and
walkways in consultation with JMRC Yes
Yes Yes
Phase 2 2026
High
Priority
Cellar
2/10 Inspected for code compliance and
rehabilitation. Requires fire floor separation, restore interior stair access, replace exterior cellar door
362

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9
DATE: December 16, 2025
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Federal Asset Forfeiture Funds.

RECOMMENDATION
That the City Council recognize $1,717,379 in federal asset forfeiture funds, and approve a budget appropriation in the amount of $1,717,379 for the use of Federal Asset Forfeiture Funds (Fund 191) allocated to the City of Oxnard's Police Department.
(This item did not originate in Committee.)

BACKGROUND
As established under various state and federal statutes, asset forfeiture is intended to disrupt criminal activities through the seizure, forfeiture, and distribution of the instruments or proceeds of crime, also referred to as "ill-gotten gains." Law enforcement agencies use asset forfeiture to fund things such as training and equipment, enhancing operations, and therefore the ability to promote public safety.

Asset Forfeiture Fund ("AFF") allotments for Oxnard are primarily generated through the Police Department's narcotics investigations. Historically, the Police Department's Drug Enforcement Unit ("DEU") was the principal investigative entity, and partnered with the Federal Bureau of Investigation ("FBI"). The amount being requested for appropriation in this agenda item is a product of that partnership. The Police Department currently participates in a county-wide multi-agency task force, which also partners with federal agencies such as the FBI and the Drug Enforcement Agency ("DEA").

DISCUSSION
The seizure(s) mentioned in this agenda item involve cash that was connected to an illicit narcotics activity and/or money laundering case. The matter was a federally-prosecuted case that has been entirely adjudicated, the defendant having pleaded guilty in federal criminal court proceedings.

Overview of the Asset Forfeiture Process
The asset forfeiture process generally involves three steps:

Seizure: Law enforcement agencies are authorized to conduct seizures for certain types of criminal offenses and under specified circumstances. For example, law enforcement officers must generally have probable cause to believe that an eligible crime has occurred before assets may be seized. A designated Oxnard Police Department detective works with federal agents to identify assets deemed as "ill-gotten gains." The process of federal asset seizures is approved by legal counsel at the federal agencies (FBI, DEA, etc.) and the United States Attorney’s Office. 363
The Oxnard Police Department does not conduct federal seizures of currency less than $1,000. Per Oxnard Police Department policy (606.3.2), the following property types are not seized for forfeiture:
• Cash and property that does not meet the forfeiture counsel's current minimum forfeiture thresholds should not be seized.
• Real property is not subject to seizure, absent exigent circumstances, without a court order (Health and Safety Code §11471).
• A vehicle which may be lawfully driven on the highway if there is a community property interest in the vehicle by a person other than the suspect and the vehicle is the sole vehicle available to the suspect's immediate family (Health and Safety Code § 11470).
• Vehicles, boats, or airplanes owned by an "innocent owner," such as a common carrier with no knowledge of the suspected offense (Health and Safety Code § 11490). • Any property when the associated activity involves the possession of marijuana or related paraphernalia that is permissible under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1).

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

A criminal conviction is required, and forfeiture is part of the defendant’s sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant’s illegal activity. Criminal forfeiture is generally limited to the property involved in the particular counts of which the defendant is convicted. As part of sentencing, a court may order the forfeiture of a specific property listed in the indictment, a sum of money as a money judgment, or other property as substitute property. The government must establish the requisite connection between the crime of conviction and the asset. After a preliminary order of forfeiture is entered, a separate proceeding begins to determine any third-party ownership interests in the property the government seeks to forfeit. The court will then enter a final order of forfeiture.

As mentioned above, the amount being requested for this appropriation involved a federally-prosecuted case that has been entirely adjudicated, the defendant having pleaded guilty in federal criminal court proceedings.

Distribution of funds: Generally, the United States Marshals Service has primary responsibility for the federal asset forfeiture process. It is those funds that have been through the adjudication and challenge phase that become eligible for distribution. Asset forfeiture proceeds are typically required to be distributed in particular ways and used for specific purposes. Examples of allowable uses include supplementing existing law enforcement equipment and training.

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

The Police Department intends to fund the following categories of purchases:
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• $1,233,242: Hardware and software including additional body-worn cameras ("BWC"), Tasers, interview room equipment, dash mounted cameras for patrol vehicles, and translation equipment. All of these items meet a critical need, and are obtained via an agreement with AXON International, Inc. ("Axon"). • $291,791: Equipment/uniforms, such as helmets, vests and gas masks. • $100,000: Drone First Responder program.
• $50,000: Training, conferences, and seminars, such as investigations related to narcotics, homicide, or related to professional development.

Approval for the above-mentioned agreement with Axon is also being sought from the City Council during its December 16, 2025 meeting in a separate item (see Reports, below).

Asset Forfeiture Funding for materials qualifying as "Military Equipment" Government Code sections 7070-7075 (also more commonly known as Assembly Bill 481) require California law enforcement agencies to obtain approval from the agency's governing body before purchasing, acquiring, or using what the legislature defines as "military equipment." This also includes acquiring surplus military equipment from the federal government (the Police Department ceased this practice many years ago). In the event that the Police Department should seek to use AFF to purchase equipment that is defined by this statute as military equipment, it will be brought to the City Council for approval in a separate agenda item at future meetings.

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

FINANCIAL IMPACT
Approval of the recommended action will recognize revenue of $1,717,379 and appropriate $1,717,379 to the Federal Asset Seizure Fund 191 (Project #M2005) for equipment purchases and training. Approval of this recommendation will have no impact on the General Fund.

For Finance Use Only: Federal Asset Seizure Fund (Org. 1912131 Obj. 43240; 52310 - $50,000, 52400 - $391,791, 53200 - $1,233,242, 57800 - $42,346 Project M2005)

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS
None
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.10
DATE: December 16, 2025
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Phoenix Group Information Systems Agreement Amendment.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with Phoenix Group Information Systems ("Phoenix Group”) (A-8504) extending the agreement one additional year; and amending the total agreement amount to a not-to-exceed amount of $1,466,277, for parking citation processing, administrative citation processing, and alarm management services.
(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on November 22, 2022.)

BACKGROUND
In 2022, the Phoenix Group was selected through a Request for Proposal (RFP) process. Four vendors responded to the RFP. A committee was organized to review the proposals based on the following criteria: services offered, detail and thoroughness of the proposal, cost comparison, customer service, customer satisfaction, and compliance with current state laws and regulations. Based on the reviewed criteria, the committee selected Phoenix Group. The Phoenix Group has been performing citation processing duties for over 30 years. They provide services to over 240 agencies and public entities in California. Some of the California cities currently contracting with Phoenix Group include Arcadia, Del Mar, Irvine, and Westminster.

The Phoenix Group currently processes the City of Oxnard's parking citations, fireworks citations, animal safety citations, administrative citations, and manages false alarm billing. The purpose of this amendment to the services agreement (A8504) is to extend the agreement for one (1) additional year and to amend the total agreement amount to $1,466,277. The services agreement with Phoenix Group had an agreement start date of January 1, 2023, with an ending date of December 31, 2025, with two (2) additional one (1) year options to renew. The original agreement was for a not-to-exceed amount of $810,000.

DISCUSSION
The Police Department conducts parking enforcement throughout the City and issues parking citations for various violations of the Oxnard City Code and the California Vehicle Code. When fully staffed, Police Department employees issue over 37,000 parking citations each year. The animal safety employees, on average, issue over 3,000 citations, and the Police Department and Code Compliance issue over 1,000 administrative citations annually. The Police Department also handles over 4,000 customers for alarm services.

The Phoenix Group addresses uncollected fines through additional collection efforts, such as involving the California Franchise Tax Board to garnish income tax returns for those persons who have been delinquent in paying their parking citation fines. Additionally, Phoenix Group undertakes the collection process for unpaid fines on all other City of Oxnard administrative citations, including fireworks and code compliance violations. 366
Phoenix Group's citation processing works by sending collection notices to the registered owners of vehicles that have been issued parking citations. In the notice, the fines are clearly stated, and the process for collecting delinquent fines through the California Franchise Tax Board is explained. After the fines are collected, Phoenix Group deducts a 15% processing fee and sends the net proceeds to the City of Oxnard.

With the addition of California's "daylighting" law (AB 413), which prohibits parking within 20 feet of the approach side of a marked or unmarked crosswalk, compounded with improved staffing levels that lead to an increase in citations issued in 2025, the costs associated with processing the increased number of citations have exceeded the original agreement amount of $810,000.

To cover the costs associated with processing the increased number of citations for the remainder of 2025 and with a oneyear agreement extension from January 2026 through December 2026, a new not-to-exceed amount of $1,466,277 is needed to cover the anticipated costs associated with processing and collection of the fines for citations.

FINANCIAL IMPACT
The total cost of the agreement shall not exceed $1,466,277. With the approval of the contract amendment, the estimated cost for FY2025-2026 is $424,184. There is sufficient funding in the current FY2025-2026 General Fund Police operating budget for $384,184 and General Fund Code Compliance operating budget for $40,000. Future years’ funding will be requested in the annual budget process.

For Finance Use only: General Fund (Org. 1012111 Obj. 53200, Org. 1012113 Obj. 53200, Org. 1014103 Obj. 53200)

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Dale McAlpine, Commander, Delia Campbell, Police Finance Manager

ATTACHMENTS

1. A-8504 Phoenix Group Amendment

2. A-8504 Phoenix Group
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8504

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 16th day of December, 2025, by and between the City of Oxnard, a municipal corporation (“City”), and Phoenix Group Information Systems (“Contractor”). This First Amendment amends the Agreement entered into on January 1, 2023, by City and Contractor .

City and Contractor agree as follows:

1. Pursuant to Section 5, the City is exercising its first one-year option term/period. The Agreement will be extended for one additional year beginning on January 1, 2026 through December 31, 2026. The City has one option term remaining pursuant to Section 5.

2. In Section 6 of the Cover Page of the Agreement is hereby amended to state: “Total Agreement amount: $1,466,277.”

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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Agreement No. A-8504
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD PHOENIX GROUP INFORMATION

SERVICES

☐Luis A. Mc Arthur, Mayor1 Date Robert Murphy, President Date

Claire Murphy, CFO 2 Date
ATTEST:

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

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 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. 369
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.11
DATE: December 16, 2025
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Second Amendment to The Counseling Team International (TCTI) Agreement.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement (9507-21-PO) with The Counseling Team International (TCTI), for the provision of psychological counseling services, increasing the value of the agreement from $220,000 for a total agreement amount not to exceed $340,000 and extending the agreement through June 30, 2027.
(This item did not originate in Committee.)

BACKGROUND
On January 15, 2022, the Oxnard Police Department entered into a three (3) year agreement (No. 9507-21-PO) with The Counseling Team International (TCTI) to provide professional psychological counseling and support services for department personnel. The original agreement was valued at $200,000. On June 5, 2025, the Oxnard Police Department entered into a first amendment to 9507-21-PO with TCTI, extending the contract through December 31, 2025, and adding $20,000 in funding, for a total agreement amount not to exceed $220,000.

Under this agreement, TCTI provides the following services:

Pre-Employment Psychological Evaluations: TCTI conducts state-mandated psychological evaluations for all police department applicants as part of the hiring process. These evaluations are performed in compliance with the California Peace Officers’ Standards and Training (POST) Psychological Screening Manual.

Employee Counseling Services: TCTI offers confidential counseling services to Oxnard Police Department Employees seeking support from clinicians trained in law enforcement-specific issues. The service also includes 24/7 critical incident response, such as after officer-involved shootings or other traumatic events.

Peer Support Program Training: TCTI provides specialized training for the department’s peer support team to enhance their capacity to provide effective assistance to colleagues.

DISCUSSION
The current agreement is set to expire on December 31, 2025. The Police Department is seeking approval of a Second Amendment to the agreement, to extend the term through June 30, 2027, and to increase the contract by $120,000, resulting in a revised total not to exceed amount of $340,000.

The agreement provides for a 5% rate increase for all services provided by TCTI through the expiration of this agreement. 391
Service Description All Inclusive Fee
per Candidate
Contract Year
2022
All Inclusive Fee
Per Candidate
Contract Year
2023
All Inclusive Fee
Per Candidate
Contract Year
2024
All Inclusive Fee
Per Candidate
Contract Year
2025/26-End of
Agreement
Pre-employment
Psychological
Evaluations
$325 per
applicant
$325 per
applicant
$350 per
applicant
$367.50 per
applicant
On-site 24/7/365
for officer-involved
shootings
$225 per hour $225 per hour $245 per hour $257.25 per hour In-Office/ Telehealth
visits
$135 per hour $135 per hour $150 per hour $157.50 per hour Training $150 per hour $150 per hour $175 per hour $183.75 per hour Peer Support Training (3-
Day training)
$299 per student
(POST Rate)
$299 per student
(POST Rate)
$315 per student
(POST Rate)
$315 per student
(POST Rate)
Beginning in FY 2022-2023, the Police Department began mandatory one-on-one counseling sessions for all first responder personnel. The Police Department plans to continue mandatory one-on-one counseling sessions for first responder personnel in FY 2025-2026, reaffirming the commitment to supporting employee wellness and mental health.

The Counseling Team International has provided reliable, professional, and law enforcement-specific psychological services since the inception of the agreement. The extension ensures uninterrupted access to these essential services, which support both employee wellness and the department’s compliance with state-mandated psychological screening requirements.

FINANCIAL IMPACT
The total cost of the contract shall not exceed $340,000. With the approval of the contract amendment, the additional amount for FY 2025-2026 is $45,000. There is sufficient funding in the FY 2025-2026 General Fund Police budget.

Subsequent fiscal year General Fund funding will be requested in the annual budget process.

For Finance Use only: General Fund (Org. 1012131 Obj. 53200)

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Edgar Fernandez, Police Commander
392

ATTACHMENTS

1. Agreement -9507-21-PO The Counseling Team Int'l (TCTI) (1)

2. TCTIExecutedFirstAmendmentAgreement9507-21-PO062725

3. TCTIRequestedSecondAmendmentAgreement TCTI 2025
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Agreement No. 9507-21-PO
SECOND AMENDMENT TO TRADE SERVICES AGREEMENT (9507-21-PO)

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment (“Second Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 16th day of December, 2025, by and between the City of Oxnard, a municipal corporation (“City”), and The Counseling Team International, TCTI, (“Contractor”). The Second Amendment amends the Agreement entered into on January 15, 2022, by the City and Contractor. The Agreement previously was amended on June 5, 2025, by a First Amendment.

City and Contractor agree as follows:

1. The agreement will be extended for an additional eighteen months beginning on January 1, 2026 through June 30, 2027.

2. In Section 6 of the Cover Page of the Agreement is hereby amended to state: “Total Agreement amount: $340,000.”

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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Agreement No. 9507-21-PO
SECOND AMENDMENT TO TRADE SERVICES AGREEMENT (9507-21-PO) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD THE COUNSELING TEAM

INTERNATIONAL (TCTI)

☐Luis Mc Arthur, Mayor1 Date , Julie Koot, CFO2 Date
☐Libertad Macias, Purchasing Agent __________________________ _________ Stephen Odom, Ph.D., President Date
ATTEST:

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

Stephen M. Fischer, Date
City Attorney (always required)
__________________
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 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 differentstructure, 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. 428

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.12
DATE: December 16, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Resolution to Accept a Southern California Edison Quitclaim for an Existing Easement on the Oxnard Wastewater Resource Recovery Facility and Easement Deed (A-8608) (APNs 231-0-091-105 and 231-0- 051-200).

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute:

1. A resolution accepting a Southern California Edison (SCE) Company Quitclaim Easement at the Oxnard Water Resource Recovery Facility (WRRF) for APNs 231-0-091-105 and 231-0-051-200; and

2. An Easement Deed (Agreement No. A-8608) for APNs 231-0-091-105 and 231-0-051-200. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

BACKGROUND
On December 5, 2023, City Council approved Agreement 32400156 with Roesling Nakamura Terada Architects, Inc. for Architecture and Engineering Services for the Maintenance Office Building, Machine Shop, and Storage Project (“Project”). During the development review process for the new maintenance building, the Community Development Department included a condition of approval requiring the quitclaim of an existing SCE easement located within the WRRF property on APNs 231-0-091-105 and 231-0-051-200.

The 10-foot wide SCE easement, originally recorded for public utilities purposes but never used, runs east and west across the south side of the property and intersects the footprint of the new maintenance building.

Capital Improvement Program (CIP) Reference:

Project No. C2236 - Wastewater OWTP: Maintenance Office Building, Machine Shop, and Storage Project - CIP 2025- 2029 - Adopted June 4, 2024 - Page 152.

DISCUSSION
To comply with City planning requirements, the proposed Project footprint must not overlap any active easements. If such overlaps exist, the project must assess whether the affected easements can be reasonably quitclaimed or vacated prior to the approval of final construction plans and issuance of building permits.

The SCE easement in question is shown on Parcel Map No. 88 as Easement No. 12, recorded with the County of Ventura on September 21, 1962, under Deed Book 2208, Page 111. In order to proceed with the construction of the Project in accordance with the City-approved design plans, it was necessary for this easement to be quitclaimed. 429
SCE approved the City’s request for a quitclaim and provided executed documentation on August 29, 2025. City staff members have reviewed the proposed easement quitclaim and agree with its terms. Therefore, staff recommends that the City Council approve and authorize the City Clerk to accept and execute the Resolution for the SCE Easement Quitclaim related to the Wastewater Maintenance Building Project.

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 associated with documentation review, execution, and recordation of the SCE quitclaim easement is approximately $500 and will be funded under the WRRF New Maintenance Building Project (C2236). This project is supported by available funding in the amount of $12,650,000, allocated from the Wastewater Capital Fund 612 (6123610- 53200-C2236), funded from the Wastewater Development Impact Fund (613).

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

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Resolution and Attachments
430

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO._________

A RESOLUTION TO ACCEPT A SOUTHERN CALIFORNIA EDISON QUITCLAIM FOR

AN EXISTING EASEMENT ON THE WATER RESOURCE RECOVERY FACILITY PROPERTY; APNS 231-0-091-105 AND 231-0-051-200
WHEREAS, Southern California Edison Company (“SCE”) currently holds a public utility easement located on the property of the City of Oxnard's Wastewater Facility, located at 6001 Perkins Road, Oxnard, California 93033; APNS 231-0-091-105 and 231-0-051-200; and WHEREAS, the easement is identified as Easement No. 12 on Parcel Map No. 88 (Attachment 1), recorded on September 21, 1962, as Instrument No. 46348 in Deed Book 2208, Page 111, in the Official Records of the County Recorder of Ventura County, State of California; and WHEREAS, Southern California Edison has determined that the easement is no longer required for its operations and desires to relinquish and release all rights in said easement by executing a Quitclaim Deed in favor of the City of Oxnard, dated August 29, 2025 (Attachment 2);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oxnard as follows:

Acceptance of Quitclaim Deed
The City Council hereby authorizes the acceptance of the Quitclaim Deed from Southern California Edison for the public utility easement described above, subject to the following conditions:
a. The Quitclaim Deed dated August 29, 2025, executed by Southern California Edison Company, is authorized and accepted.
b. The City Clerk is directed to record the executed Quitclaim Deed with the Ventura County Recorder’s Office.

Certificate of Acceptance
The City Council authorizes and directs the Mayor to execute the Certificate of Acceptance pursuant to Government Code Section 27281, evidencing the City’s acceptance of the Quitclaim Deed.

Further Actions
The City Council authorizes and directs the Mayor, or their designee, to take any and all actions necessary to carry out the intent and purpose of this Resolution ///
///
431
Resolution No. ___________
Accept a Southern California Edison Quitclaim Deed

Page 2 ends

PASSED AND ADOPTED THIS 16th day of December, 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
432
PARCEL MAP NO. 88
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434
435

RECORDING REQUES TED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

CITY OF OXNARD

WASTEWATER DIVISION
6001 PERKIN S ROAD
OXNARD , CA 93033
ATTN: JULIE JANG
DOCUMENTARY TRANSFER TAX$

SPACE ABOVE THIS LINE FOR RECORDER'S USE

QUITCLAIM DISTRICT FIM APN

EASEMENT COMPUTED ON FULL VALUE OF PROPERTY CONVEYED

NOTIFICATION
204367365
---OR COMPUTED ON FULL VALUE LESS LIENS AND
--- ENCUMBRANCES REMAINING AT TIME OF SALE
--- NO CONSIDERATION AND VALUE LESS THAN $100.00
39 SCE
22-25 231-0-091-105
231-0-051-200
Approved by Map Size
By
KB

SERVICE ORDER DATE
801728549 SO, C&,IF, !;DISON QO

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAXFIRM NAME Document
266354
Real Properties 56-67 8/29/2025
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, does hereby REMISE, RELEASE and FOREVER QUITCLAIM unto CITY OF OXNARD, a municipal corporation, owner of the real property affected hereby, all rights acquired under and by virtue of that certain Grant of Easement from THE CITY OF OXNARD, a municipal corporation to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, executed September 5, 1962 and recorded SEPTEMBER 21, 1962 as Instrument No. 46348 in Book 2208, Page 111 of Official Records, in the Office of the County Recorder of Ventura County, State of California. Said easement was described as being within:

That portion of Subdivision 84 of the Rancho El Rio de Santa Clara O' La Colonia, as said Subdivision is designated and delineated upon that certain Map filed in the Office of the County Clerk of Ventura County, State of California, in an action entitled " Thomas A. Scott, et al., Plffs., vs Rafael Gonzales, et al., Defis" and of Parcel Fas shown on that certain Map entitled, "Re-Plot of a portion of Ormond Beach Tract No. 2" as per Map recorded in Book 16, page 53 et seq. (Maps) in the office of the County Recorder of said County of Ventura.

This instrument shall not operate to remise, release or quitclaim any right, title or interest now held or owned by said Southern California Edison Company, other than the rights hereinbefore specifically referred to.

IN WITNESS WHEREOF,
= �¢
d Southern California Edison Company has caused this
instrument to be executed this ____,� ......... - day of fw&l s.l . 20�.

SOUTHERN CALIFORNIA EDISON COMPANY.
a corporation
ByRG),-David Guder, CCIM
Manager - Title & Valuation
Real Properties
Transmission & Distribution
Agreement No. A-8608
436
Quitclaim Deed (Easement)
S.C.E. Co., a corp., to

CITY OF OXNARD
Notification No.204367365
Affects SCE Doc. 266354
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Or11�
onAvqv�± '29, '2l>'2S' bef9re� � itAYl �ha.,n k , a Notary Public, personally appea&d DA), a oL liV cl ?,JC , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ---C::-"'llo,--=-----::S--a,J,a-.,, ___ _
Agreement No. A-8608
437
Agreement No. A-8608

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the Easement Deed dated ________________________ from Southern California Edison to the City of Oxnard, a municipal corporation and government agency, is hereby accepted, and pursuant to City Council Resolution No. 1939, recorded in book 1591, Official Records of Ventura County at page 273, the City Council consents to recordation thereof by its duly authorized officer.

In Witness Whereof, I have hereunto set my hand this ____ day of ___________, 20____.

CITY OF OXNARD, a municipal corporation
Luis A. Mc Arthur, Mayor Date
ATTEST:

Lourdes A. López, City Clerk Date
APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
pg. 1
438

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.13
DATE: December 16, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32600227 with Northern Digital, Inc. for Water System Supervisory Control and Data Acquisition (SCADA) Improvements Project.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Northern Digital, Inc. (NDI) for an initial term of one year from December 17, 2025, to December 16, 2026, with an option for a one-year extension ending December 16, 2027 for a total amount not to exceed $237,348.00 for the Water System Supervisory Control and Data Acquisition (SCADA) Improvements Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

BACKGROUND
On July 2, 2024, City Council approved and authorized the Mayor to execute Agreement 32500032 with Innovative Engineering Systems, Inc. (Agilitech) in the not-to-exceed amount of $686,658 for Construction Services related to the Water System SCADA Improvement Project (C2026). The project scope includes procurement and installation or equipment and software for a new SCADA system at the Water Division. Programming and integration were purposely not included in the scope of work due to system security and limiting access to the system from entities outside of the City. As such, there is a need for a system programmer for integration. There is a current on-call agreement (Agreement 32400003) with NDI for Water and Water and Wastewater On-call SCADA Services. However, the on-call agreement will not be used. The purpose of establishing a standalone contract is to establish these services for a specific capital improvement program (CIP) project and align these required services to comply with the newly established purchasing ordinance. This approach improves expenditure tracking and supports the Department’s goal of streamlining contract administration for large capital projects.

As the selected system programmer and integrator, and to ensure continuity, maintain efficiency, security, and better align with the specific needs of this project, the Water Division is now requesting to establish a standalone contract with NDI to complete programming, commissioning, and start-up of the new SCADA system, as it relates to the Water System SCADA Improvement Project. The Capital Improvement Program project is currently 25% complete and remains in active construction.

Capital Improvement Program (CIP) Reference:

Project No. C2026 - Water System SCADA Improvements - CIP 2025-2029 - Adopted June 4, 2024 - Page 167.

DISCUSSION
A negotiated sole source contract is requested as NDI is the most reasonable source for this work due to their extensive involvement with the City’s facilities, programming and control logic, ongoing coordination with the construction 439
contractor, and professional liability as the City’s on-call integrator. Their continued involvement is essential for providing timely responses to requests for information, reviewing submittals, issuing design clarifications, and evaluating potential field changes. The standalone NSS contract ensures adherence to the new purchasing Ordinance 3053 passed by City Council on April 15, 2025, specifically Section 4-9, which states:
4-9 ON-CALL AGREEMENTS
(G) Task Orders issued for professional services subject to Article III and related to a Capital Improvement Project shall not exceed $220,000.

Given that NDI requires additional funding through the end of Project C2026, a standalone contract is recommended to be established as task orders may not be issued in excess of $220,000 for capital improvement projects under the new Purchasing Ordinance.

FINANCIAL IMPACT
The total cost for this Agreement with NDI shall not exceed $237,348 through the contract term ending December 16, 2027 and funded from the Water System Supervisory Control and Data Acquisition (SCADA) Improvements Project (C2026). There is currently $591,839 available in the Water Capital Fund (602), funded from the Water Operating Fund (601), to fund this agreement.

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32600227
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PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND NORTHERN DIGITAL, INC.

By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Northern Digital, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth.

City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED].

2. SUMMARY DESCRIPTION OF SERVICES.

For professional engineering services supporting the City’s Water System SCADA Improvement Project.

3. PARTIES.

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

Northern Digital, Inc., a corporation of the State of California, located at 4701 Corporate Ct., Bakersfield, California 93311.

4. TERM OF AGREEMENT: From: December 17, 2025 To: December 16, 2026.

A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (1) one-year term extension, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

C. This Agreement shall not exceed a total of two (2) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

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

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5. AGREEMENT AMOUNT NOT TO EXCEED: $237,348.00.

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

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Reserved
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy

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

City Designated Representative
Name: Tim Beaman
Title: Asst. Public Works Director
Phone: (805) 385-8141
Email: [email protected]
Address:6001 Perkins Rd.

Oxnard, CA 93033
Consultant Designated Representative
Name: Joseph Marcus
Title: VP, Business Development
Phone: (661) 322-6044
Email: [email protected]
Address:4701 Corporate Ct.

Bakersfield, CA 93311

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

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

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

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C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

D. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

9. CONSULTANT’S SERVICES.

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

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

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

A. Cost Proposal for Phases
B. Allowance for Price Adjustments.

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

A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of Agreement No. 32600227 Page 3 of 31
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those Services, and total amount due for the month. Invoices may be emailed to: [email protected].

B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.

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

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

12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of two (2) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.

13. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but Agreement No. 32600227 Page 4 of 31
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which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.

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

15. [RESERVED]

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

Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City.

Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, Agreement No. 32600227 Page 5 of 31
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represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.

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

18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

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

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

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20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.

A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.

B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

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

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

D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to Agreement No. 32600227 Page 7 of 31
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be a member of the public as that term is used in Government Code Section 7920.515.

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

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

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

22. NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its Agreement No. 32600227 Page 8 of 31
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officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

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

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

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

26. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

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C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.

27. [RESERVED]

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

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

Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

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

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

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

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

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

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

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

35. AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may Agreement No. 32600227 Page 12 of 31
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examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

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

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

38. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

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

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

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

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

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

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

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

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

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

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

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

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

CITY OF OXNARD NORTHERN DIGITAL, INC.
☐Luis A. Mc Arthur, Mayor1 Date Date
☐Libertad Macias, Purchasing Manager2
Joseph Marcus, VP
Business Development
Monica Hummel, 3 Date
Corporate Secretary
ATTEST:

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

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

Agreement No. 32600227 Page 16 of 31
456

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

SCOPE OF SERVICES

PROJECT MANAGER: Tim Beaman
PHONE: (805) 385-8141
EMAIL: [email protected]
Phase 1 – Contractor Completion Focus (BS1, N. Gen, BS4, RO/Desalter, North Generator)

1. North Generator PLC Programming:

Development of PLC logic and SCADA integration for the North Generator building, integrating with the new PLC and SCADA equipment. This will include:
o PLC logic review and program development to align with current SCADA architecture
o SCADA integration with newly developed screens
o Controls workshop discussion and tag development
o Simulation testing and documentation
o Participation in the Phase 1 cutover and Factory Acceptance Testing (FAT)

2. Support of Phase 1 Contractor Cutover completion:

Support Phase 1 cutover, including testing, commissioning support, and coordination with the Contractor.

Phase 2 – RO/Desalter Migration (Planned Q1 2026)

1. Migration of Existing RO/Desalter Systems to New SCADA:
o High-level assessment of current Desalter PLC logic
o Mapping and porting data tags into new SCADA structure o Configuration of Ignition SCADA screens using existing IO and HMI tag sets
o Documentation and reprogramming with existing hardware o Coordination with City staff to ensure alignment with future upgrades Agreement No. 32600227 Page 17 of 31
457

2. Dual System Support:

NDI will implement and manage dual system functionality (old and new SCADA systems running in parallel) between Phase 1 and Phase 2 to ensure continuous operation and transition without data loss or functional degradation.

Agreement No. 32600227 Page 18 of 31
458

WORK BREAKDOWN STRUCTURE (WBS)
The following outlines the engineering services provided by Northern Digital, Inc (NDI).

Task List Hours Class Description

MOBILIZATION AND DATA ANALYSIS
Project Plan Development (Mobilization) Review Scope of Work, initial planning, and project - [5010-510-500) 40.00 C mobilization for N. Gen and RO/Desalter

ANALYSIS OF EXISTING PROGRAMS NOT REVIEWED DURING ORIGINAL SCOPE Review of Existing Program - High-level review of PLC programs to support N. [5010-511-500] 80.00 C Gen and RO/Desalter integration
1 PROGRAMMING - DEFINITION & DOCUMENTATION
Process Controls Requirements Development and collaboration with City on Definition 40.00 C requirements for N. Gen and RO/Desalter Remote workshops (3 x 6 hours) to support detailed
Conduct Three (3) Process Control control narrative documentation for N. Gen and Workshops - [5010-512-500] 40.00 C RO/Desalter
Control Philosophy Development - N. Develop a Control Narrative document for N. Gen, Gen - [5020-522-510) 80.00 C review with City
Control Philosophy Development - Develop a Control Narrative document for RO/Desalter - [5020-522-520) 80.00 C RO/Desalter, review with City Submittal Review Process - [5020-530-
500) 24.00 SE Submittal review and revision process with City I I I

PROGRAMMING - DEVELOPMENT
PLC Programming & Testing - N. Gen -
[5040-540-510) 120.00 SE Program development and testing for N. Gen PLC PLC Programming & Testing - RO and Program development and testing for RO/Desalter Desalter - [5040-540-511) 80.00 SE PLC
Data Collection for Graphic Screens - 2D/3D modeling for graphic screens for N. Gen and [5040-541-511) 120.00 SE RO/Desalter
Ignition SCADA Programming & Testing - Develop SCADA screens for process, control, data, [5040-542-511] 168.00 SE trend, and alarm for N. Gen and RO/Desalter 1 1 1

PROGRAMMING - TESTING
Develop Simulation Test Code- N. Gen Develop simulation code for N. Gen acceptance - [5040-540-520) 40.00 SE testing
Develop Simulation Test Code- Develop simulation code for RO/Desalter RO/Desalter - [5040-540-521) 40.00 SE acceptance testing HMI & PLC Test Procedure and Internal Develop test procedures and perform internal Testing - [5040-542-512) 32.00 SE unwitnessed testing for N. Gen and RO/Desalter

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

SCHEDULE OF COMPENSATION
Agreement No. 32600227 Page 19 of 31
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Task List Hours Class Description
Witnessed PLC & HMI System Factory
Acceptance Test (N. Gen, RO/Desalter) - Conduct witnessed Factory Acceptance Test with [5040-545-500] 40.00 SE City, includes test documentation

SOFTWARE CONFIGURATION
Setup and configuration of the new VM.

Setup & Configuration of new VM - All hardware will be furnished by the Contractor [5040-543-510] 80.00 SE based on the specification requirements.

Setup and configuration of new network equipment
(Routers, Switches and DMZ).

Setup & Configuration of New Routers, All hardware will be furnished by the Contractor Switches, DMZ - [5040-543-51 0] 80.00 SE based on the specification requirements.

Setup and Configuration of the 7 New Workstations
including the View application, virus protection and
point-to-point Gateway.

Setup & Configuration of New All hardware will be furnished by the Contractor Workstations (7) - [5040-543-520] 40.00 SE based on the specification requirements.

FIELD LOOP CHECKS, COMMISSIONING & STARTUP (Not Applicable - Development Only) I

MEETINGS & PROJECT MANAGEMENT
Project Coordination and Oversight -
[5090-590-500]
Meetings & Conference Calls - [5090-
591-500]

96.00 56.00
I I
Manage and coordinate project activities to ensure
PM timely and efficient delivery
Scheduled meetings and conference calls to
PM maintain alignment with project goals
L Total Hours 1,376.00
LABOR SUMMARY:

Labor Code Rate Hours Total Cost
PM $185 152 $28,120.00
C $205 360 $73,800.00
SE $185 864 $159,840.00
LABOR TOTAL $230,680.00
TRAVEL SUMMARY:

Travel Budget Total: $6,668.00
COST SUMMARY:

Proposal Not-to-Exceed Budget: $237,348.00
Agreement No. 32600227 Page 20 of 31
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Exhibit INS-A

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

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

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

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or 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. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/23

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc. )

INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
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Exhibit INS-A

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

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

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

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

INS-A.doc
Agreement No. 32600227 Page 22 of 31
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Exhibit INS-A

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

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

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER - CANCELLATION

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

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

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

AUTHORIZED REPRESENTATIVE
Rev. 1/23 INS-A.doc
Agreement No. 32600227 Page 23 of 31
463
Exhibit INS-A
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

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE
: Underwriter’s representative for claims pursuant to this insurance. Name:

Address:

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
- Broker/Agent Underwriter
I (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

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

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

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
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. 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. 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.

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc. )
[RESERVED]
Agreement No. 32600227 Page 26 of 31
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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

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

A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2026
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E.

While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.

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EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Northern Digital, Inc.)

PREVAILING WAGE

1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.

Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.

Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor.

The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.

6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all Agreement No. 32600227 Page 29 of 31
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apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.

8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a Agreement No. 32600227 Page 30 of 31
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requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.

Agreement No. 32600227 Page 31 of 31
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.14
DATE: December 16, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Eighth Amendment to Agreement 7167-15-CM with Ventura Regional Sanitation District.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Eighth Amendment to Agreement 7167-15-CM with Ventura Regional Sanitation District (VRSD) in the amount of $150,000 for a new total not-to-exceed amount of $1,300,000 and to extend the term to June 30, 2026, with one optional one-year term extension ending June 30, 2027, for monitoring and reporting of the closed Santa Clara Landfill. (This item is a continuation of an item previously approved by the City Council on May 17, 2022.)

BACKGROUND
The City of Oxnard owns the closed Santa Clara landfill and the River Ridge Golf Club. The Ventura Regional Sanitation District (VRSD) owns the neighboring closed Coastal Landfill. On November 14, 2000, the City and VRSD entered into the Golf Course Lease and Landfill Postclosure Maintenance Agreement (A-5906) for the lease of two VRSD parcels, which includes the Coastal Landfill parcel, for the purpose of constructing and maintaining the second golf course. The term of this Agreement will remain in effect until December 31, 2099.

On November 17, 2015, the City Council retroactively approved Agreement 7167-15-CM with VRSD, effective July 1, 2015, to provide the regulatory testing and reporting services for groundwater and gas emissions as required by the State of California’s Post Closure Maintenance Plan. Since VRSD is the owner of the groundwater and gas emissions equipment that is shared for both closed landfills, it is necessary for this Agreement to remain in place until the State of California deems the testing and reporting is no longer necessary.

On May 17, 2022, the City and VRSD approved the Seventh Amendment for VRSD to continue providing the monitoring and reporting services. This Amendment had an expiration date of June 30, 2025, but still has City Council-approved contract capacity remaining. The legal staff from both VRSD and the City have been negotiating a new agreement, but did not conclude the negotiations prior to the June 30, 2025 expiration. Therefore, both parties agreed that the best course of action was to continue using the existing Agreement, with the remaining contract capacity in the not to exceed amount, on a month-to-month basis.

DISCUSSION
The Public Works Department is requesting an Eighth Amendment to the Agreement to extend the term to June 30, 2026, with an option to extend one additional year to June 30, 2027, if needed, and to increase the Agreement value by $150,000 for a new not-to-exceed amount of $1,300,000. The table below shows the history of the Agreement and Amendments.
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AGREEMENT/

AMENDMENT

COUNCIL

APPROVAL
VALUE
AMOUNT

AMENDMENT
AMOUNT
TOTAL

AMOUNT TERM
7167-15-CM November 17, 2015 $75,050.91 NA $75,050.91 June 30, 2016 First Amendment April 11, 2017 $75,050.91 $129,457.00 $204,507.91 June 30, 2017 Second Amendment January 23, 2018 $204,507.91 $113,721.00 $318,228.91 June 30, 2018 Third Amendment March 5, 2019 $318,228.91 $99,987.00 $418,215.91 June 30, 2019 Fourth Amendment June 18, 2019 $418,215.91 $102,568.00 $520,783.91 June 30, 2020 Fifth Amendment June 30, 2020 $520,783.91 $97,960.00 $618,743.91 June 30, 2021 Sixth Amendment May 5, 2021 $618,743.91 $99,815.00 $718,558.91 June 30, 2022 Seventh Amendment May 17, 2022 $718,558.91 $431,441.09 $1,150,000 June 30, 2025 Eighth Amendment December 16, 2025* $1,150,000.00 $150,000.00 $1,300,000 June 30, 2027 *Pending Council approval

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

FINANCIAL IMPACT
There is currently $220,000 remaining in contract capacity with VRSD. However, through June 30, 2027, a total of approximately $370,000 is anticipated to be needed, inclusive of allowable annual CPI/rate increases. Therefore, staff recommends increasing the contract capacity by $150,000 for a revised not-to-exceed amount of $1,300,000. Sufficient appropriations are included in the FY 2025-26 Golf Course Operations Adopted Budget to cover the costs of services provided under this Agreement (6513640-53200). Funding for the subsequent fiscal year will be requested during the annual budget process.

There is no impact on the General Fund.

COMMITTEE OUTCOME
This item is a continuation of an item previously approved by the City Council on May 17, 2022.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 7167-15-CM VRDS Eighth Amendment

2. 7167-15-CM VRSD Original Agreement and Previous Amendments

3. A-5906 VRSD Agreement
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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: December 16, 2025
TO: City Council
FROM: Brenda Lopez, Housing Director, (805) 385-8092, [email protected] SUBJECT: TEFRA Hearing - Casa de Carmen Apartments.

RECOMMENDATION
That the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing regarding the issuance of tax-exempt bond financing not to exceed $32,000,000 by the California Statewide Communities Development Authority (CSCDA) for the benefit of Community Development Partners, to provide financing for the acquisition and development of a multi-family rental housing project located at 241 West Second Street, known as Casa de Carmen Apartments (Bonds); and

2. Adopt a resolution approving the issuance of Bonds by the CSCDA. (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/z8mi9n8KNRY

BACKGROUND
A Tax Equity Financial Responsibility Act (TEFRA) hearing was held and a resolution was approved for the 2nd & B Apartments on April 5, 2022. The 2nd & B Apartments are now known as Casa de Carmen Apartments and are located at 241 West Second Street (“Project”).The mixed-use Project will include 55 permanent supportive housing units, which are to be occupied by low and extremely-low income individuals, plus one unrestricted manager’s unit, a navigation center with 110 shelter beds, and office space for leasing and supportive services. The Project is estimated to receive its certificates of occupancy for the residential units and navigation center by the end of the calendar year and has already received a Temporary Certificate of Occupancy for the residential portion of the Project on October 30, 2025. The Project will then be preparing to convert from construction financing to permanent financing. Since it has been more than three years since the original TEFRA hearing, a new TEFRA hearing is required for this technical re-issuance.

Community Development Partners is the developer of the Project and has an ownership interest in 2nd & B LP. as its sole Administrative General Partner. 2nd & B LP. (“Borrower”) is the entity that presented an application to the California Statewide Communities Development Authority (CSCDA) for a bond issuance to finance the acquisition and development of the Project. The Borrower requested that the CSCDA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $32,000,000 of Exempt Facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986.

DISCUSSION
Prior to issuance, Section 147(f) of the Internal Revenue Code of 1986, requires bonds to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a 706
governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing (“TEFRA hearing”) is held, following reasonable public notice. The Internal Revenue Code does not specify which governmental entity must hold the TEFRA hearing, however; they are commonly hosted by the city council of the city where projects are located. Therefore, the City of Oxnard is conducting a TEFRA hearing providing members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance. Adoption of the resolution is solely for the purposes of satisfying the requirements of the TEFRA hearing, the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to the TEFRA hearing, reasonable notice must be provided to the members of the community.

Following the close of the TEFRA hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The California Statewide Communities Development Authority (CSCDA) was created in 1988 pursuant to California's Joint Exercise of Powers Act to provide California's local governments with an effective tool for the timely financing of community-based public benefit projects. Currently, more than 500 cities, counties and special districts have become Program Participants to CSCDA, which serves as their conduit issuer and provides access to an efficient mechanism to finance locally-approved projects.

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

FINANCIAL IMPACT
There is no fiscal impact to the City of Oxnard. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds.

The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing.

COMMITTEE OUTCOME
This is a Public Hearing, therefore this item did not originate in Committee.

Prepared by: Brenda Lopez, Housing Director

ATTACHMENTS

1. Attachment 1- Resolution

2. Attachment 2- Presentation
707
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING

THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES

DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR 2ND & B APARTMENTS AKA CASA DE CARMEN
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the “Agreement”), among certain local agencies throughout the State of California, including the City of Oxnard (the “City”), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and
WHEREAS, 2nd & B LP., a California limited partnership or a partnership of which Community Development Partners (the “Developer”) or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $32,000,000 in outstanding aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at 241 West 2nd Street, Oxnard, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, the Bonds are required to be approved by the “applicable elected representative” of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and
WHEREAS, the members of this City Council (this “City Council”) are the applicable elected representatives of the City; and
WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and
WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and
WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the “Refunding Bonds”), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and 708

WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any fund whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby.

Section 6. This resolution shall take effect immediately upon its passage. 709
ADOPTED by the City Council of the City of Oxnard at a regular meeting of said Council held on the 16th day of December, 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
710

TEFRA HEARING FOR STATE BOND ISSUANCE
FOR

CASA DE CARMEN APARTMENTS
Brenda Lopez, Director
Housing Department
City Council
December 16, 2025
711

1. The developer of the 2nd & B Apartments, now known as Casa de Carmen Apartments (“Project”), has applied for issuance of $32,00,000 of tax-exempt residential rental project facility bonds from the California Statewide Communities Development Authority (CSCDA).

2. The purpose is to finance the acquisition and development of the Project which is a mixed-use multifamily rental project located at 241 West Second Street.

3. The Tax Equity Fiscal Responsibility Act (TEFRA) requires a public hearing (TEFRA hearing) in order for Bonds to qualify as tax-exempt.

4. The TEFRA hearing is intended to allow for community input on the use of tax-exempt bonds for financing projects.

5. There is no City financial obligation or liability arising from state bond issuance.

6. A TEFRA hearing was previously held and a resolution was approved for this project on April 5, 2022. Since it has been more than three years, a new TEFRA hearing is required for this technical re-issuance.
2 TEFRA HEARING
712
3 CASA DE CARMEN APARTMENTS

1. Community Development Partners is the developer of the Project and has ownership interest in 2nd & B LP. as its sole Administrative General Partner. 2nd & B LP. is the entity that applied for the tax-exempt bonds.

2. The Project will provide 55 units of Permanent Supportive Housing, one unrestricted manager’s unit, and a navigation center with 110 shelter beds for low-income and extremely low-income persons.

3. The project is estimated to receive its certificates of occupancy for the residential units and navigation center by the end of the calendar year and received a Temporary Certificate of Occupancy for the residential portion of the Project on October 30, 2025. 713
That the City Council:

2. Adopt a resolution approving the issuance of Bonds by the CSCDA. 4 RECOMMENDATION
714
End of Presentation
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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2
DATE: December 16, 2025
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Request to designate a property as a Historical Landmark and enter a Mills Act Contract with the City, located at 119-127 South D Street, Planning and Zoning Permit Nos. 25-680-01 (Mills Act Agreement) and 25-681-02 (Landmark Designation) (APN: 202-0-044-020).

RECOMMENDATION
That the City Council:

1. Conduct a Public Hearing; and

2. Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15331 (Historical Resource Restoration/Rehabilitation); and

3. Adopt a resolution upholding the City of Oxnard Cultural Heritage Board’s recommendation to designate property known as Schuster Court, located at 119-127 South D Street, as Ventura County Historical Landmark No. 184; and

4. Approve and authorize the Mayor to execute a Mills Act contract (Agreement No. A-8605) with Southern California 2022 Properties LLC (Property Owner) to maintain and preserve a historic property located at 119-127 South D Street (Landmark No. 184) for the benefit of reduction in property taxes.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Al_4leMhbVg

BACKGROUND
Executive Summary
The applicant is seeking a Mills Act contract that would provide property tax savings for the purpose of rehabilitating and maintaining a local historic development. A property applying for a Mills Act contract must be designated as a Landmark or within an area designated as a Landmark. The County of Ventura Cultural Heritage Board (CHB) reviewed the request and recommended the application for approval as the property is an exemplary example of post-war courtyard style multifamily developments that were primarily built between the 1920s and 1950s. The proposed contract includes a 10-year rehabilitation plan that defines specific rehabilitation items that would be carried out to preserve and enhance the historical integrity of the property.

Property Background
The subject site consists of two lots of a 1901 subdivision map, which have since been combined into a single parcel. The two lots originally had a single family residence. The lots were purchased by general contractor Albert E. Schuster in 1941, who completed the further development of multi-family on the property in 1942, historically named Schuster Court.

Today the property consists of 7 detached buildings organized around a courtyard. There are 3 units on both the north and south sides of the courtyard and the larger building on the west side of the courtyard (rear of the property) has 3 attached units.
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Cultural Heritage Board, LandMark Designation, and the Mills Act Oxnard City Council Resolution 10,135 establishes procedures and standards for declaring landmarks and historical points of interest within the City, and Resolution 13,215 establishes requirements for Mills Act Contracts in Oxnard (Attachment 6). Resolution 10,135 established the County of Ventura Cultural Heritage Board as the CHB for the City of Oxnard. Since that time, the City of Oxnard has contracted with the County of Ventura Resource Management Agency to review and make recommendations on historical applications, including Mills Act applications.

A Landmark Designation for the property would designate the property as a Ventura County Historical Landmark. Due to the adoption of the County’s Cultural Heritage Ordinance (Attachment 7) through City Council Resolution 10,135, a Landmark must meet the criteria in the ordinance. This is within section 1367 (Attachment 7), which lays out 4 criteria, one or more which must be met to qualify as a potential Landmark, in addition to the development also maintaining a high level of historic integrity. There are 3 additional findings in subsection 1367-1 that must be met as well.

The Mills Act is part of the state government code, section 50280, which allows a City to adopt an ordinance and engage in contracts with property owners to preserve historic resources. Government Code 50280 mandates much of what is within the contract, such as the 10-year initial time frame, the process for non-renewal or cancellation, the cancellation fee, and the requirement to have a 10-year rehabilitation plan, which lays out yearly work items for the development to maintain and enhance its historical integrity.

The goal of the Mills Act is to incentivize maintaining historic resources and revitalize elements that have lost their historic integrity. As stated in Oxnard City Council Resolution 13,215, “preservation of cultural and historic resources of the City contributes to the quality of life in the City and to the welfare of City residents and visitors.” (Attachment 6).

The subject application required a hearing for the CHB to provide input and recommendations, as well as find the proposal in compliance with the Secretary of the Interior’s Standards. This site’s CHB hearing was held on October 13, 2025, where both the proposed Landmark Designation and the requested Mills Act contract were reviewed and recommended for approval by the Oxnard City Council.

DISCUSSION
The project is eligible to be a Landmark since the development meets the required criteria (Attachment 7) as supported by the historical survey performed on the property (within Attachment 2). It is in proximity to the historic district and is clearly of architectural significance due to the style of housing that was popular in Southern California during the postwar housing boom. As noted in the historic survey, only 15 of these courtyard style multi-family developments were constructed in Oxnard with 7 remaining. Two of these remaining courtyard style developments are already designated individually as landmarks and have Mills Act contracts.

The Landmark Designation is a critical piece of this application as it is necessary for a Mills Act contract. All current Mills Act properties are either designated as a Landmark directly, such as the architecturally similar McColm Apartments at 534-545 South F Street, or they are part of a Landmark District such as the Henry T. Oxnard District. The subject property, located at 119-127 South D Street, is slightly outside the Historic District boundary, therefore necessitating its own Landmark Designation to be approved for a Mills Act contract.

The ten-year rehabilitation list within Attachment 4 was created by the property owner with recommendations by the Cultural Heritage Board staff, with input from City staff. One of the primary items on the ten-year rehabilitation list, is repairing of window frames in year one and the replacement of non-original windows in years 2 and 3 with historically accurate windows in look and material (Attachment 3). Some other key items include refurbishing the iconic address plates and their lighting, installing a landmark plaque at the property, and refinishing the original tubs and sinks, among the restoration of other interior elements.

The Mills Act contract will afford a reduced property tax on the subject property, as calculated by the County Assessor based on the Mills Act and the Revenue & Taxation Code. Either the property owner or the City of Oxnard may end the contract by filing a ‘notice of non-renewal’, which would allow the contract to stop its annual renewal and ‘wind down’ the tax savings over the following years. If the terms of the contract are violated by the property owner and the City 717
cancels the contract, the owner must pay a cancellation fee of 12.5% of the current fair market value of the property at the time of cancellation.

The subject property is eligible for both the Landmark Designation and a Mills Act contract, and based on evidence that supports its history and current historical integrity, staff recommends City Council approval of the Landmark Designation as well as the Mills Act contract.

Environmental Determination
In accordance with Section 15331 (Class 31, Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act (CEQA) Guidelines, projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings may be found to be exempt from the requirements of the CEQA. No exceptions to the exemptions (section 15300.2) apply. The property has no sensitive habitat or environmental features and would also not result in a substantial adverse change in a historical resource.

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

FINANCIAL IMPACT
When the City engages in a contract with a property owner under the Mills Act, property taxes are reduced through the County Assessor’s office in exchange for the continued preservation of the property. The property taxes are recalculated using a formula in the Mills Act and Revenue and Taxation Code. This results in a range of potential tax savings, due to the different variables that are a part of the formula which the County Assessor’s office will use for calculating the savings. If the property taxes were reduced by 50% due to the Mills Act contract, a reasonable but approximate estimate, then the property taxes collected would be reduced by approximately $19,000 per year (based on the current tax assessment) which would result in a reduction in property tax revenue to the City of Oxnard of $3,344 per year (assuming

17.6% of the property tax is allocated to the City of Oxnard, based on 2021 Oxnard Budget data).

COMMITTEE OUTCOME
This is a Public Hearing, therefore this item did not originate in Committee. In addition, the recommended actions were reviewed by the County of Ventura Cultural Heritage Board (CHB). County staff and Cultural Heritage Board members were in consensus that the property met criteria 1 and 3, giving the property eligibility as a Landmark (Attachment 2).

There was limited discussion prior to the approval of the item. Questions were asked of staff about the 10-year rehabilitation plan to seek understanding on the work items and the order, whether the garage is part of the contract, as well as if the contract can be amended. The applications were recommended for approval by the Oxnard City Council as voted by the CHB 5-0.

Prepared by: Daniel Houck, Associate Planner

ATTACHMENTS

1. Maps (Aerial, Vicinity, General Plan, Zoning)

2. Cultural Heritage Hearing Staff Report 10.13.25

3. List of Significant Character Defining Features

4. Mills Act Contract

5. Draft Landmark Designation Resolution

6. Resolution Nos. 10,135 and 13,215

7. Ordinance 4604 (County Cultural Heritage Ordinance)

8. Staff Presentation
718
Dean Dr
Ventura Blvd
N Ventura Rd
E Main St
101
101
Olivas Links
Golf Course

MONTALVO
SERRA

PIERPONT
OLIVAS

NORTH BANK

ARUNDELL
THILLE
Doris Ave
S E St
S C St
Hill St
N
Ventura Rd
Doris Ave
W Gonzales Rd
Victoria Ave
S Ventura Rd
S J St
S J St
N Patterson Rd
S Victoria Ave
N H S t
S
Harbor Blvd
S
Harbor Blvd
Naval Cbc Port
Hueneme
River Ridge
Golf Club
Seabee Golf
Course
McGrath State
Beach
Oxnard Airport
S J St
Port Hueneme
Beach Park
Channel
Islands Beach
Port Hueneme
Santa
Clara
River
Central Ave
Santa
Clara
Ave
118

STRICKLAND
El Rio
Sturgis Rd Sturgis
Hailes Rd
Kohala St
N Juanita Ave
Snow
Ave
E Bard Rd
E Pleasant Valley
Rd
S Rice Ave
N
Rose Ave E Wooley Rd
N Rice Ave
Saviers Rd N
O
xnard Blvd
S Oxnard Blvd
1 1
34 101

NYELAND
ACRES
Oxnard
Casper Rd
Etting R
Arnold Rd
Olds Rd
Edison Dr
Rice Ave
E Hueneme Rd
E Plea sant Valley Rd
Saviers Rd
Ventura County
Game Reserve
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I. APPLICANT/PROPERTY OWNER:

Applicant/Property Owner: Southern California 2022 Properties, LLC 4130 Arrowhead Circle
Westlake Village, CA 91362
II. REQUEST:

A request for a recommendation regarding landmark designation and adoption of a Mills Act contract for a property located at 119-127 S D Street, Oxnard, CA 93030. (Case No. CH24-0026).

III. LOCATION AND PROPERTY INFORMATION:
119-127 S D Street, Oxnard, CA 93030
Assessor’s Parcel Number (APN): 202-0-044-020
Historic Designation: undesignated, determined eligible for landmark listing Common/Historic Name: Schuster Court
The subject property is a 0.32-acre parcel containing a 9-unit courtyard apartment complex originally built in 1942. The complex was built as part of a postwar population boom that created an urgent need for housing throughout Southern California. The property is an example of the “u-parti” form of courtyard apartment complex, which is defined by building masses enclosing a courtyard on three sides with an opening facing the street.

IV. PROJECT SCOPE:

On August 18, 2025, City of Oxnard staff forwarded to CHB staff a request for a recommendation regarding landmark designation (Exhibit 2) and adoption of a Mills Act contract for a property located at 119-127 S D Street, Oxnard, CA 93030. The property owner requested to enter into a Mills Act contract with the City of Oxnard for the potential benefit of property tax savings in exchange for continued preservation of the subject property. On September 5, 2025, CHB staff visited the subject property and provided recommendations regarding potential work items to include in the contract’s Ten-Year Rehabilitation Plan. Landmark designation is a required prerequisite in order for the property owner to be eligible to enter into a Mills Act contract. In accordance with Section 1365-1 et seq. of Ventura County Ordinance No. 4604 and Resolution 10,135 of the City of Oxnard, the Oxnard City Council is the final authority for landmark designation and adoption of a Mills Act contract. Refer to Figure 1 for a historical view of the subject property and Figure 2 for a contemporary view.

Staff Report and Recommendations
Agenda of October 13, 2025, Item 7b
County of Ventura • Resource Management Agency
800 S. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • rma.venturacounty.gov/divisions/planning/ 723
Cultural Heritage Board Staff Report – Item 7b
Case No. CH24-0026
October 13, 2025

Page 2 of 7 ends

Oxnard City CouncilDecember 16, 2025

Oxnard City Council
December 16, 2025