Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item time estimates: (Presentation / Committee Discussion / Public Comment) AGENDA
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
February 22, 2022
Regular Meeting - 8:30 to 10:00 PM
(Temporary Time Change)
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 848 5585 7302
3. Passcode: 702129
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.
This meeting is being held in accordance with Assembly Bill 361, allowing members of the City Council, members of the public and staff to participate via teleconference.
Consistent with City policies imposed to promote social distancing, the facility where the City Council regularly meets is temporarily closed to the public. The public is encouraged to view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews. Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city-meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
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b. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/city- meetings, emailing the City Clerk at [email protected], or calling the City Clerk at (805) 385-7803.
2. PROVIDING PUBLIC COMMENTS DURING THE MEETING
a. To provide public comment without requesting to speak prior to the meeting, during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. b. Public comments on agenda items shall be taken following the announcement of the item. After the item is announced, members of the public shall have three minutes to register or otherwise be recognized for the purpose of providing public comment. During this three-minute time period, public comments may be taken and the City Council or staff may discuss the item being considered or briefly respond to public comments.
Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering 1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 22, 2022 - Page 2
public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the February 8, 2022 regular meeting as presented.
Legislative Body: Public Works & Transportation Committee Contact: Rose Chaparro, (805) 385-7805
D. REPORTS
1. Public Works Department
SUBJECT: Channel Islands Water Quality and Quality Assurance Project Plan (QAPP) Report. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council receive and file a report on water quality monitoring efforts in the Channel Islands Harbor.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/nq_-5Spwalk
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Fifth Amendment to Agreement A-7950 with NBS Government Finance Group for Assessment District Consulting Services. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Fifth Amendment to Agreement A- 7950 with NBS Government Finance Group (NBS) in the amount of $380,200 and a total not-to- exceed amount of $1,503,965 and extending the term to June 30, 2023 with the option of two additional one-year extensions for ongoing administrative services for Landscape Maintenance Districts (LMDs) and on-call formation services of Community Facilities Districts (CFDs).
Please click the following link to view the required Measure M pre-recorded presentation 2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 22, 2022 - Page 3
video: https://youtu.be/Ggb1oVv-U4s
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Agreement A-8431 with Executive Facilities Services, Inc. for Custodial Services at Various City Locations. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the:
1. Mayor to execute Agreement A-8431 with Executive Facilities Services, Inc., for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount over the entire possible contract term of $735,000 to provide custodial services for the Water Campus, Blending Stations 3, 4 and 5, Wastewater Treatment Plant, Advanced Water Purification Facility (AWPF) and Del Norte Regional Recycling and Transfer Station (Del Norte); and
2. Purchasing Agent to execute amendments to extend the term of Agreement A-8431 up to a total maximum term of three (3) years.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2qNSCJWdab8
Contact: Michael Wolfe, (805) 385-8055
4. Public Works Department
SUBJECT: Agreement A-8440 with South Coast Industrial Door, Inc. for Roll-Up Door Maintenance and On-Call Repair Services Specification No. PW 22-71. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8440 with South Coast Industrial Door, Inc. in the amount of $750,000 for a three year term for the Roll-Up Door Maintenance and On-Call Repair Services Specification No. PW 22-71.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/BEKO72P6IV4
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Agreement A-8438 with Garcia’s Landscaping Maintenance Inc. for On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services Specification No.
PW 22-73. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8438 with Garcia’s Landscaping Maintenance Inc. in the amount of $1,000,000 for a three year term for On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services Specification No.
PW 22-73.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/x8eAx2Y6guY
Contact: Michael Wolfe, (805) 385-8055
3 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 22, 2022 - Page 4
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
4 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: February 22, 2022
TO: Public Works and Transportation Committee
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Public Works & Transportation Committee approve the minutes of the February 8, 2022 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 02 08 2022 Public Works & Transportation
5 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
February 8, 2022
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:31 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello and Member Vianey Lopez were present via videoconference. Member John C. Zaragoza was present in person.
Staff members present in person were Alexander Nguyen, City Manager; Paul Early, Assistant City Attorney; and Rose Chaparro, City Clerk.
Staff members that participated via videoconference were Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director ; Steve Howlett, Assistant Public Works Director ; Tatiana Arnaout, Senior Civil Engineer ; and Todd Vasquez -Housley, Environme ntal Resources Division Manager.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)
C. CONSENT AGENDA
1. City Clerk Department SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the January 25, 2022 regular meeting as presented.
It was moved by Member Zaragoza, seconded by Member Lopez, to approve the meeting minutes as presented.
VOTE: Lopez, Zaragoza, and Perello voted in favor, the motion carried 3-0.
D. REPORTS
1. Public Works Department
SUBJECT: Agreement A-8422 with Pestmaster Services, L.P. to Provide Gopher Abatement Services. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8422 with Pestmaster Services, L.P. to provide gopher abatement at multiple City properties for a term of one year beginning April 1, 2022, with a maximum of two (2) one-year extensions ending March 31, 2025, and for a total contract not-to-exceed amount of $375,000.
Steve Howlett, Assistant Public Works Director, presented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Zaragoza, seconded by Chair Perello , to approve the recommended action as
presented. VOTE: Perello, Zaragoza, and Lopez voted in favor; the motion carried 3-0. 6 FEBRUARY 8, 2022 OXNARD CITY COUNCIL PAGE 2
PUBLIC WORKS & TRANSPORTATION COMMITTEE
2. Public Works Department SUBJECT: Agreements for On-Call Professional Engineering Services. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:
1. Agreement A-8432 with Huitt-Zollars, Inc. in the amount not to exceed $250,000 for a three year term;
2. Agreement A-8399 with Brown and Caldwell in the amount not to exceed $750,000 for a three year term;
3. Agreement A-8410 with Dudek in the amount not to exceed $1,000,000 for a three year term;
4. Agreement A-8415 with AECOM Technical Services, Inc. in the amount not to exceed $500,000 for a three year term;
5. Agreement A-8417 with Hamner, Jewell & Associates in the amount not to exceed $500,000 for a three year term;
6. Agreement A-8435 with Kier & Wright Civil Engineers and Surveyors, Inc. in the amount not to exceed $500,000 for a three year term;
7. Agreement A-8423 with Wallace Group in the amount not to exceed $500,000 for a three year term;
8. Agreement A-8416 with Pacific Coast Land Design, Inc. in the amount not to exceed $1,000,000 for a three year term;
9. Agreement A-8419 with KTU&A in the amount not to exceed $1,000,000 for a three year term;
10. Agreement A-8420 with Cumming Management Group, Inc. in the amount not to exceed $750,000 for a three year term;
11. Agreement A-8424 with CSG Consultants, Inc. in the amount not to exceed $500,000 for a three year term; and
12. Agreement A-8421 with Transtech Engineers, Inc. in the amount not to exceed $500,000 for a three year term.
Tatiana Arnaout, Senior Civil Engineer , presented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Lopez, seconded by Chair Perello , to approve the recommended action as presented.
VOTE: Zaragoza, Perello, and Lopez voted in favor; the motion carried 3-0.
3. Public Works Department SUBJECT: State of California Senate Bill 619 Resolution - Notification of Intent to Comply. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to notify the California Department of Resources Recycling and Recovery (CalRecycle) of the City of Oxnard’s intent to comply with Senate Bill 1383 (SB 1383), per the requirements of Senate Bill 619 (SB 619).
Michael Wolfe, Public Works Director , and Todd Vasquez -Housley, Environmental Resources Division Manager, presented and answered the Committee’s questions. No public comments were received.
Discussion ensued among the Committee and staff.
7 FEBRUARY 8, 2022 OXNARD CITY COUNCIL PAGE 3
PUBLIC WORKS & TRANSPORTATION COMMITTEE
It was moved by Member Zaragoza, seconded by Chair Perello, to approve the recommended action as presented. VOTE: Perello, Lopez, and Zaragoza voted in favor; the motion carried 3-0.
E. ITEMS FOR FUTURE AGENDAS (No requests were made.)
F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Perello adjourned the meeting at 9:16 p.m.
ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair
8 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: February 22, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Channel Islands Water Quality and Quality Assurance Project Plan (QAPP) Report. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council receive and file a report on water quality monitoring efforts in the Channel Islands Harbor.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/nq_-5Spwalk
BACKGROUND
The change in water quality in Channel Islands Harbor (the Harbor) since the decommissioning of the Mandalay Power Generating Station (Power Plant) has prompted the City of Oxnard (City) and residents of the Harbor communities that include Harbour Island, Mandalay, Seabridge, and Westport (collectively Channel Islands Neighborhood Council, or CINC) to examine the causes of water quality degradation, and to seek funding for mitigation projects. To access available grant funding for these projects, water quality data is needed to identify key contaminants and the sources of the contamination within the Harbor and Edison Canal (Canal). This data is being provided to the Los Angeles Regional Water Quality Control Board (LARWQCB) to determine if the Canal and the Harbor are impaired water bodies that should be identified on the State’s list of impaired and threatened water bodies (303(d) list). If listed, the City would be able to compete for water quality grants that are offered by the State of California.
Mandalay Power Generating Station
In June 2018, an algal bloom occurred in the Harbor. The bloom was followed by widespread low levels of dissolved oxygen in the water. This is presumably related to the bacterial decomposition of algae during warm weather conditions. The bloom and subsequent low oxygen event may have been caused by the changes in the circulation of water within the Harbor that occurred after the Power Plant was decommissioned on March 29, 2018, as part of a mandate from the California State Water Resources Control Board.
Cooling water for the Power Plant was obtained by pumping from a 2.5-mile man-made canal at the north end of the Harbor that was specifically constructed to provide the water necessary to be drawn into the pass-through cooling of the Power Plant. This activity established a significant and constant draw of the water from the Harbor. As a result of the abandonment of the pumps, the consistent flow of water from the Harbor, into the Canal, and back into the ocean had effectively stopped. 9 The City contracted with Aquatic Bioassay Consultants Laboratories (ABC) to conduct a study as to why and how the algal bloom occurred. The study concluded that the residence time of water in the Harbor had increased as much as 92% since the pumps were decommissioned. The residence times of the water currently range from 15-17 days in the southern portion of the Harbor and 53-70 days at the northern end. According to ABC, this may cause excessive algal growth and the subsequent depletion of dissolved oxygen in the water as a result of the algae blooms dying. Since the long residence times of the water persists at the northern end of the Harbor, the possibility of additional algal blooms and associated low dissolved oxygen levels remain a concern.
Nutrient sampling was conducted in the Harbor and Canal following two (2) rain events and during two (2) dry weather periods in fall 2018 and winter 2019. The Nitrogen and phosphorus concentrations within the Canal were elevated following the wet weather sampling and were much lower during dry weather. This indicated that there is a net influx of nutrients during wet weather that contributes to the algae growth in the Canal, presumably from the surrounding agricultural fields.
In response, the City initiated a monitoring program to analyze the conditions in the Harbor. An automated sensor package was deployed in August 2018 to measure dissolved oxygen and chlorophyll fluorescence (indicator of algal biomass). Four new sensors were installed in March 2019 throughout the northern part of the Harbor. Continuous monitoring of the data generated by these sensors has been instrumental in the identification of emerging water quality events. Two (2) of these sensors were removed from non-critical areas in November 2019 as a cost-saving measure.
Based on the data collected, the City installed seven aeration diffusers in areas of the Harbor with the lowest dissolved oxygen levels as reported by the sensors. In other areas nationwide, aerators have been successfully used to improve water circulation and increase dissolved oxygen levels. However, the benefits in the Harbor have mixed results. After the initial installation of the aerators in 2018, an improvement in dissolved oxygen was measured. Then in April 2020, the aerators were removed for two (2) weeks for routine maintenance and there was no measurable decrease in dissolved oxygen during their absence. Regardless of the mixed results, two of the aerators were reinstalled and remain in operation.
Quality Assurance Project Plan
Faced with the continuation of long water residence times for the water and nutrient loading that created the algal bloom, CINC residents and the City began to explore mitigation options. Through meetings with ABC, the City, and residents, it became clear that there was no short-term, or low-cost solution to improve the Harbor water quality. The LARWQCB recommended that additional water testing, which at the time was funded by the State of California’s Surface Water Ambient Monitoring Program (SWAMP) contract, would need to take place in order to expand the analysis of water quality conditions in the Harbor to determine eligibility for the State’s 303(d) list of impaired water bodies. To begin this testing, the LARWQCB required the development of a Quality Assurance Project Plan (QAPP) describing the key stakeholders, sampling methods and locations, sample analysis, parameters for volunteer sample collection, quality assurance, and the goals of the project.
The QAPP is intended to build the dataset necessary to determine if the Harbor and the Canal are meeting water quality objectives pertaining to the beneficial uses such as recreation, boating, and fishing that are specified in the Regional Board Basin Plan. The data will provide the information needed to determine Best Management Practices that would mitigate the pollutants that discharge into the Canal. Additionally, capital projects, reductions in runoff from the surrounding agricultural fields, mechanical filtration, aquatic pumping, and/or treatment of the water in the Canal may also be necessary.
Multiple drafts of the QAPP have been reviewed and revised in close partnership and collaboration with ABC, CINC, the SWAMP Coordinator, and the LARWQCB. As implemented, the QAPP tests for an array of bacteria, toxins, and metals to provide the California Environmental Data Exchange Network (CEDEN) compliant information for the assessment that may place the Harbor on the 303(d) list of impaired water 10 bodies. The CINC volunteers, known as the Clean Water Team, serve as the “boots on the ground” for the testing process.
As part of the implementation of the QAPP, CINC volunteers assisted City staff and ABC in the water sampling effort, including volunteer field mobilization, scheduling coordination with contract laboratories, and data collection and reporting. Through collaboration with the SWAMP Coordinator and ABC, volunteers were trained in proper techniques for the collection of the water samples, completion of the chain of custody forms, and input of the raw data.
DISCUSSION
On September 28, 2020, the LARWQCB conditionally approved the QAPP. City staff coordinated with the LARWQCB to ensure the appropriate contracts were in place for processing of samples with Delta Labs, Wood Labs, and ABC Labs. Due to changes by the State, Delta Labs and Wood Labs were replaced with Babcock Labs for the processing of samples.
On January 21, 2021, CINC and City staff completed the first monthly water sampling in accordance with the QAPP. Monthly sampling continued throughout the year with additional samplings that occurred during wet weather events to measure additional pollutants entering the harbor.
On June 15, 2021, the City applied for a $1,300,000 grant through the Ocean Protection Council as part of the Water Quality, Supply, and Infrastructure Improvement Act (Proposition 1, 2014). This grant would have funded the feasibility study of multiple water quality and habitat-benefiting solutions, as well as developing a conceptual design and plan for the recommended mitigation measures. However, the City was not awarded this grant due to the competitive nature of the grant and the number of applications received.
As of December 31, 2021, all monthly sampling efforts have been completed and one (1) wet- weather sampling event remains to be collected. City staff and CINC have had discussions with the LARWQCB about extending the sampling efforts for another year, with a request for the State’s SWAMP contract to fund these efforts. A response from LARWQCB is pending.
The City, CINC, ABC, and Babcock Labs are working to update the QAPP, including the distribution list, involved parties and roles, the organizational chart, and the sampling and testing methods. This update is expected to be completed by March 2022 and will not impact existing results, or the assessment as needed for the 303(d) list for impaired water bodies.
Additionally, the City, CINC, and representatives from the County of Ventura have had meetings to review efforts, identify all stakeholders, and coordinate future actions regarding the water quality within the Harbor.
In the event the LARWQCB does not fund an additional year of sampling, City staff and the CINC volunteers are evaluating options to continue the water sampling efforts.
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
11 There is no direct financial impact to receive and file this report. ABC will continue to provide sensor monitoring, phytoplankton and bacteria testing, QAPP assistance, and consulting services through November 30, 2023 under agreement A-8093. Fiscal Year 2022-23 expenses are estimated to be $88,243. LARWQCB and SWAMP are currently funding all samples processed through Babcock Labs.
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. Presentation
12 CHANNEL ISLANDS WATER QUALITY AND
QUALITY ASSURANCE PROJECT PLAN
REPORT
Public Works and Transportation Committee
February 2, 2022
Eric L. Storrie
Special Districts Manager
13 That the Public Works and Transportation Committee
recommend that the City Council receive and file a report on water quality monitoring efforts in the Channel Islands Harbor and provide staff with comments.
RECOMMENDATION 2
14 • The water quality in the Channel Islands Harbor (Harbor) has changed since the decommissioning of the Mandalay
Power Generating Station (Power Plant)
• Channel Islands Neighborhood Council (CINC) joined
together to examine the cause(s) of the water quality
degradation and sought solutions and funding
• Water testing is necessary for measuring water quality and in providing data to the Los Angeles Regional Water Quality Control Board (LARWQCB)
• The State is evaluating the Harbor’s qualifications for being placed on the list of impaired or threatened water bodies (303(d) list)
BACKGROUND 3
15 BACKGROUND 4
16 Mandalay Power Generating Station
• In 2018, algae blooms in the Harbor may have been a
result of the decommissioning of the power plant and the related cooling pumps that provided water circulation
• A contracted study concluded that the resident time of the water in the Harbor increased as much as 92% as a result of the non-circulation of water from the power plant cooling pumps
• Extended residence time of water can result in excessive algae growth and depleted of dissolved oxygen
BACKGROUND 5
17 BACKGROUND 6
18 BACKGROUND 7
19 • Nutrient sampling conducted in the fall of 2018 and winter of 2019 indicated there is an influx of nutrients that
contribute to the algae growth presumably from the
surrounding agricultural fields
• The City initiated a monitoring program with instruments to identify and measure emerging water quality events
• In July 2018, the City installed seven (7) aerators in areas with the lowest levels of dissolved oxygen. The results are mixed, but the aerators remain in operation
BACKGROUND 8
20 BACKGROUND 9
Aerators installed in
CIH in July 2018
21 BACKGROUND 10
Aerators installed in
CIH in July 2018
22 Quality Assurance Project Plan (QAPP)
• Identifies stakeholders, sampling methods and locations, sample analysis, training and parameters for the volunteer sampling, quality assurance, and goals of the project
• Builds the data to determine if the Harbor and the Edison Canal (Canal) are meeting the water quality objectives
• LARWQCB funded water sampling costs and the Waterways Special Districts fund the Aquatic Bioassay Consultant
Laboratories (ABC) contract for bacteria sampling, remote sensor monitoring, and consulting services
• CINC provides volunteers for collecting water samples BACKGROUND 11
23 • On September 28, 2020, LARWQCB conditionally approved the QAPP and authorized volunteer water sampling
• January 21, 2021, CINC volunteers completed the first monthly water sampling event
• Monthly dry-weather sampling events occurred throughout the remainder of 2021
• Two (2) of three (3) wet-weather events have been
completed in 2021
• Samples and data collected are processed by ABC and
Babcock Labs, reviewed, and uploaded to the California
Environmental Data Exchange Network (CEDEN)
DISCUSSION 12
24 Ocean Protection Council Grant (OPC)
• On June 15, 2021, the City applied for a $1.3 million OPC Prop 1 grant
• This grant would have funded an evaluation as to the
feasibility of multiple water quality and habitat-benefiting solutions and develop a conceptual design and plan to
implement the prioritized solution
• The City was not awarded this grant due to the competitive nature of the grant and the number of applications the
program received
DISCUSSION 13
25 • City staff and the CINC have had discussions with the LARWQCB about extending the sampling efforts for another year, with a request for the LARWQCB contract to fund it • A response from LARWQCB is pending
• An updated QAPP is expected at the end of January 2022 • The City, CINC, and representatives from the County of Ventura have had meetings to review efforts, identify
stakeholders, and coordinate future actions
• In the event SWAMP does not fund an additional year of sampling, City staff and the CINC volunteers are evaluating options for funding, including identifying and applying for additional grants
DISCUSSION 14
26 FINANCIAL IMPACT 15
• There are no direct costs to
receive and file this report
• ABC will continue to provide
sensor monitoring,
phytoplankton and bacteria
testing, QAPP assistance,
and consulting services
through November 30, 2023
under agreement A-8093
• FY22-23 expenses estimated
at $88,234
• Samples processed through
Babcock Labs are funded by
LARWQCB and SWAMP
27 QUESTIONS
16 28
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: February 22, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Fifth Amendment to Agreement A-7950 with NBS Government Finance Group for Assessment District Consulting Services. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Fifth Amendment to Agreement A-7950 with NBS Government Finance Group (NBS) in the amount of $380,200 and a total not-to-exceed amount of $1,503,965 and extending the term to June 30, 2023 with the option of two additional one-year extensions for ongoing administrative services for Landscape Maintenance Districts (LMDs) and on-call formation services of Community Facilities Districts (CFDs).
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Ggb1oVv-U4s
BACKGROUND
NBS specializes in the administration of California special financing districts and provides services such as database development, budget preparation, assessment computation, analysis, and engineer reports.
On February 7, 2017, the City contracted with NBS through Agreement Number A-7950 to specifically provide a staff support for budget preparation, assessment computation and rate analysis, Engineer’s Report preparation, levy submittal, removal of the LMD exterior improvements, and several additional projects that included general on-call services. The Agreement amount was $166,700 with a term ending June 30, 2018.
Since the original agreement in February 2017, there have been four Amendments for the following:
1. Amendment 1, approved May 22, 2018 updated the scope of work including database development, budget preparation, developing rate analysis, preparing the engineers report for CFDs/LMDs/WADs, special on-call projects, community engagement efforts. This amendment updated the contract not-to-exceed value to $501,115.42 and extended the term through May 31, 2021
2. Amendment 2, approved January 3, 2019, updated Prevailing Wage language. No other changes were incorporated.
3. Amendment 3, approved June 2, 2020, updated the scope of work including services for CFD formation, bond issuance disclosure, public engagement services for the LMDs, and document review. This amendment updated the contract not-to-exceed value to $1,010,765.42 and extended the term through June 30, 2022.
29 4. Amendment 4, approved January 12, 2021, updated the scope of work including Developer construction cost documentation reimbursements as part of Wagon Wheel CFD formation. The total cost for this Fourth Amendment with NBS was an additional $113,000 and was funded by the Developer. This amendment updated the contract not-to-exceed value to $1,123,765.
DISCUSSION
The Fifth Amendment to Agreement A-7950 provides on-call CFD formation services, for the communities such as Waterways Assessment District - Zone 2 (Harbor Island) that have requested assistance, services for community engagement for up to 14 of the 27 LMDs, and on-going support for preparation and submission of annual assessments to the County. This Amendment is for one (1) year with an option for two (2) one year extensions.
All services provided for community engagement will be based on available funding within the individual districts. Additionally, as COVID and personnel turnover have traditionally impacted the day-to-day operations of the Special Districts Division, there is $30,000 included in the cost for on-call administrative assistance. As with all other on-call services within this Agreement, only those services that are actually provided will receive compensation.
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
The total cost for this Fifth Amendment with NBS is $380,200 for Fiscal Year 2022-23 and will be included in the Special Districts budget request based on available funds from the assessments. The cost for the two one- year extensions will be submitted as part of future fiscal year budget requests and are $313,212 and $187,156 respectively, pending approval of each extension (see Attachment 4).
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. A-7950 NBS Fifth Amendment
2. A-7950 and Amendments
3. ExhibitsA-2,B-2,C-2,D-2,E,F,G
4. Oxnard Special Financing Districts Cost Spreadsheet
5. NBS Collaborative Governance Guide for Oxnard Special District
6. City of Oxnard Special Districts Map
7. City of Oxnard Special Districts List
8. Presentation
30 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Agreement No. A-7950
FIFTH AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This Fifth Amendment (“Fifth Amendment”) to the Agreement for Consulting Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 8th day of March, 2022 by and between the City of Oxnard, a municipal corporation (“City”), and NBS Government Finance Group (“Consultant”). This Fifth Amendment amends the Agreement entered into on February 2, 2021, by City and Consultant. The Agreement previously has been amended by a First Amendment on June 1, 2018, a Second Amendment, on January 3, 2019, a Third Amendment, on June 2, 2020, and a Fourth Amendment, on January 12, 2021.
City and Consultant agree as follows:
1. In Section 1 Scope of Services of the Agreement, the phrase “Exhibit A attached hereto and incorporated by this reference in full herein” is replaced with:
“Exhibits A-2 and C-2 attached hereto and incorporated by this reference in full herein”
2. In Section 12 Term of Agreement, “This Agreement shall begin on February 7, 2017, and expire on June 30, 2018.” is hereby deleted in its entirety and replaced with:
“This Agreement shall terminate on June 30, 2023, unless sooner terminated by either party, with the option of two additional one year extensions on the written agreement of both parties”
3. In Section 14 Compensation of the Agreement, Subsection (a) “City agrees to pay Consultant in an amount not to exceed $166,700 for the Services at rates provided in Exhibit B attached hereto and incorporated by this reference in full herein.” is replaced with:
“City shall pay Consultant in an amount not to exceed $68,900 for the Services in Exhibit A-2 at the rates provided in Exhibit B-2; and $86,200 for the Services in Exhibit C-2 at the rates provided in Exhibit D-2. Invoices for Services provided shall reference Exhibit A-2 or C-2.
There shall be no commingling of funds.”
4. Section 44 Additional Services of Agreement, that was added in Amendment 3, is replaced with:
“a. Consultant to provide services as described in Exhibit E - Agreement to Provide Non- Bonded CFD Formation Services for the Harbour Island Zone of the Waterways Maintenance Assessment District, which is attached hereto and incorporated herein by this reference. b. Consultant to provide services as described in Exhibit F - Agreement to provide Northshore CFD Bond Issuance Disclosure Services, which is attached hereto and incorporated herein by this reference
c. Consultant to provide services as described in Exhibit G - Public Engagement Services (Focused Community Efforts) for the City’s Communities with Special Financing Districts” 31 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
5. Section 45 Additional Compensation of the Agreement, that was added in Amendment 3, is replaced with
“a. City agrees to pay the Consultant a not to exceed amount of $54,500 for the Services in Exhibit E.
b. City agrees to pay the Consultant a not to exceed amount of $15,500 for the Services in Exhibit F.
c. City agrees to pay the Consultant a not to exceed amount of $129,150 for the Services in Exhibit G.
d. City agrees to pay the Consultant a not to exceed amount of $30,000 for on-call budget support services.
e. City agrees to pay the Consultant a total not to exceed amount of $1,503,965 for services described in the totality of the Agreement.”
6. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
32 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD NBS GOVERNMENT FINANCE GROUP
________________________________ ___________________________________ ☐ John Zaragoza, Mayor1 Date Michael Rentner Date ☐ Alexander Nguyen, City Manager President/CEO/CFO/Board Secretary ☐ __________, Purchasing Manager
☐ ___________, Buyer ___________________________________ Dave Ketcham, Vice President Date
ATTEST:
__________________________________
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer, City Date
Attorney (always required)
1 33
FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
EXHIBITS ATTACHED SEPARATELY
A-2 - SCOPE OF SERVICES
B-2 - RATES AND COSTS RELATED TO SERVICES LISTED IN EXHIBIT A-2 C-2 - SCOPE OF SERVICES
D-2 - RATES AND COSTS RELATED TO SERVICES LISTED IN EXHIBIT C-2
E - CFD FORMATION SERVICES FOR THE HARBOUR ISLAND ZONE OF
WATERWAYS MAINTENANCE ASSESSMENT DISTRICT
F - NORTHSHORE CFD BOND ISSUANCE DISCLOSURE SERVICES
G - PUBLIC ENGAGEMENT SERVICES (FOCUSED COMMUNITY EFFORTS) FOR THE CITY’S COMMUNITIES WITH SPECIAL FINANCING DISTRICTS
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“EXHIBIT”A-2SCOPE OF SERVICES
A.1972 Act(LMD/MAD)Administration Services of theCity'sMaintenanceAssessment Districts (From January 1st through August 31st of each FiscalYear)
1. DatabaseDevelopment.Consultantwillupdatethe databasewithcurrentCountyAssessor'sinformationincludingpropertyownernames,propertyowneraddresses and any other available data that will augment the existing database.
2. BudgetPreparation.ConsultantwillmeetwithCitystaff to revieweachdistrict'sbudgetfor thecomingfiscalyear. Thisbudgetwillbe basedonhistoricalcosts,actualand/orprojectedchangesincostsand/orimprovementstobe maintained.Costcategoriesmayincludebutarenotlimitedto capitalimprovements,maintenancecosts,incidentalcosts(engineering,legal,districtadministration) and reserve funds.
3. AssessmentComputationandRateAnalysis.Consultantwillcomputetheassessmentfor eachparcelwithineachdistrictaccordingto its methodofassessment.Consultantwillprovideanassessmentsummarywhichwillincludea comparisonofcurrentyearratesversusprioryearrates,separatebyzoneandland use, if applicable, and fund balance information.
4. Engineer’s ReportPreparation.ConsultantwillprepareandprovidetoCitystaff theannualEngineer'sReportforeachdistrict.EachsuchEngineer'sReportwill consist of:
a. Background of the district.b. A detailed and technically supported Method of Assessment.c. A description of the improvements and services funded by the district.d. A cost estimate for the improvements and services being funded.e. Copy or reference to the original district diagram.f. A table showing assessed rates by zone and land use.g. An assessment roll listing assessments by parcel or reference a completeroll on file with the City.
5. MeetwithCityStaff.ConsultantwillmeetwithCitystaff to revieweachEngineer's Report for modifications and approval. 124
6. NoticingandResolutionCoordination.Consultantwillcoordinateactivitiestoensurethatrequiredtasksarecompletedwithinthescheduledtimeframe.ConsultantwillassisttheCitywithpreparationofanynoticeofassessments,publichearings,orothermeetingsrequiringpublication.ConsultantwillassisttheCitywithpreparationofthestaff report,alllegalnoticesandtheassociatedresolutions described below:
a. Resolution describing improvements, initiating proceeding and orderingthe Consultant's engineer to prepare and file a report for the City.b. Resolution preliminarily approving the Engineer's Reportc. Resolution of intention declaring the intention of the City Council to levy andcollect assessments and setting a date for the public hearing.d. Resolution authorizing the placement of assessments on the secured prope1ty taxbills.
7. MeetingAttendance.Consultantwillattendup to a totalof two(2)publicmeetingsperfiscalyearsuchas workshopsandCityCouncilmeetings(inadditiontoandnotincludingthetownhallmeetingsinB(1)ofthisExhibitA-2),as requested by the City.
8. LevySubmittal.ConsultantwillsubmitthelevytotheVenturaCountyAuditor Controllerintherequiredformat.AssessmentsrejectedbytheVenturaCountyAuditor-Controllerwillbe researchedandresubmittedforcollectionon theVenturaCountyTaxRoll.AnyparcelsthatarenotsubmittedtoVenturaCountyfor collection will be invoiced for payment directly to the City.
9. FinalEngineer’s Report.ConsultantwillupdateanddelivertoCitystaffeachannual Engineer's Report.
10.Toll-FreePhoneNumber. Consultantshallprovideatoll-freephonenumberforusebytheCity, otherinterestedpartiesandallpropertyownersduringregularbusinesshours,Monday-Friday8:00a.m.to 5:00p.m.Consultantwillbeavailabletoanswerquestionsregardingeachdistrictandtheongoingcollectionofassessments.Bilingualstaff isavailabletoassistSpanish-speakingpropertyowners.
B.Special Projects Necessary for the Ongoing Administration of theMaintenance Assessment Districts (On-Call Services) 125
1. CommunityOutreach.Consultantwillparticipateandprovidesupportforcommunityoutreacheffortsrelatedto the ongoingadministrationof themaintenanceassessmentdistricts. Consultantwill participateandprovidesupport,includingmailingsupport(withmaterialsandpostagepaidbyCity)fortownhallmeetingsrelatedto,butnotlimitedto,thebiddingandawardingofmaintenancecontracts,settingofmaintenancelevelsofservice,changestothemapsof improvements,and settingof correspondingassessmentlevies.Consultantwillattenduptoatotaloftwo(2)townhallmeetingsperfiscalyear(inadditionto andnotincludingthetwo(2)publicmeetingsin A(7)ofthisExhibit A-2).
C.Assistance to City Staff with the Administration of the MaintenanceAssessment Districts (Starting September 1st of Each Fiscal Year, UponCity’s Request)
1. OnCallAssistance.Consultantwillbeavailableto answerquestionsandassistCitystaff duringregularbusinesshours,Monday-Friday8:00a.mto5:00p.m.onparticularissuesinvolvingtheadministrationoftheassessmentdistricts, as requested. On call assistance may include, but not be limited to:a. Assistance with the preparation of annual Resolutions, engineer’sreports and assessment levies.b. Assistance with direct staff allocations.c. Assistance with indirect cost allocations.d. Assistance with Proposition 218 compliance on an ongoing basis.e. Assistance with maintenance contract specifications and bidding.f. Assistance with the resolution of inquiries by property owners and the public.g. Assistance with the separation of Zone 1 and Zone 2 within the WaterwaysAssessment District.”h. Assistance with public relations and outreach to the community 126
“EXHIBIT”B-2:RATES AND COSTS RELATED TO SERVICES LISTED IN EXHIBIT A-2 1972Act(LMD/MAD)AdministrationServicesof theCity’s MaintenanceAssessmentDistricts (From January 1st through August 31st of each Fiscal Year) TherangeoffeesbelowallowstheCitytoselectsomeorallofthetasksfromthescopeofwork.ConsultantwillrelyupontheCityfortheselectionofdesiredtaskseachFiscalYear.Consultantwill use its hourly rate schedule to calculate fees within the range set forth below.
Districtsor ZoneswithLessthan300Parcels…………….………….…….$350-$950Each*Districtsor Zoneswith300ParcelsorMore………….…………….…….$350-$1,400Each* Total Annually …..……………..…………….....….….………..…….……$13,300-$38,350*PerDistrictFeereflectsatotalof$2,000inexpensesandincludesengineer’ssignatureandstamp of consolidated engineer’s report.
Annual Fee IncreasesCost of living increases may be applied to the Administration and Disclosure services listedabove on October 1 each year, beginning with October 1, 2023. The COLA would be the actualcost of living increase based on the U.S. Department of Labor, Bureau of Labor Statistics,Consumer Price Index for all urban consumers for the Southern California counties.
Breakdown of Administration Fees (First Year)
District Name Parcel Count District FeeLMD No. 03 (River Ridge) 516 $350-$1,400LMD No. 10 (Country Club Estates) 153 350-950LMD No. 11 (St. Tropez) 83 350-950LMD No. 12 (Standard Pacific) 255 350-950LMD No. 13 (Le Village) 160 350-950LMD No. 14 (California Cove) 212 350-950LMD No. 16 (California Lighthouse) 265 350-950LMD No. 23 (Greystone) 61 350-950LMD No. 24 (Vineyards) 100 350-950LMD No. 25 (The Pointe) 216 350-950LMD No. 27 (Rose Island) 50 350-950LMD No. 28 (Harborside) 355 350-1,400LMD No. 30 (Haas Automation) 13 350-950LMD No. 31 (Rancho De La Rosa) 233 350-950 127
LMD No. 32 (Oak Park) 27 350-950LMD No. 33 (El Paseo) 190 350-950LMD No. 34 (Sunrise/Sunset) 273 350-950LMD No. 36 (Carmel/Santa Cruz) 330 350-1,400LMD No. 37 (Pacific Breeze) 119 350-950LMD No. 38 (Aldea Del Mar) 294 350-950LMD No. 39 (Promesa & Sueno) 244 350-950LMD No. 40 (Cantada) 113 350-950LMD No. 41 (Pacific Cove) 120 350-950LMD No. 42 (Cantabria & Coronado) 197 350-950LMD No. 43 (Greenbelt) 164 350-950LMD No. 46 (Daily Ranch) 262 350-950LMD No. 47 (Sycamore Place) 111 350-950LMD No. 49 (Cameron Ranch) 35 350-950LMD No. 50 (Pleasant Valley) 60 350-950LMD No. 51 (Pfeiler) 219 350-950LMD No. 52 (Wingfield) 199 350-950LMD No. 53 (Huff Court) 8 350-950LMD No. 54 (Meadow Crest) 50 350-950LMD No. 55 (Wingfield West) 41 350-950LMD No. 58 (Westwind) 156 350-950LMD No. 60 (Artisan) 1 350-950MAD No. 04 (Mandalay Beach/Colony/Hotel)441 350-1,400Waterways 875 350-1,400Total Annually: $13,300-$38,350 SpecialProjectsNecessaryfortheOngoingAdministrationoftheMaintenanceAssessmentDistrictsandAssistanceto CityStaffwiththe Administrationof the MaintenanceAssessment Districts(Starting September 1st of each Fiscal Year Upon Request or On-Call Services) Hourly per Schedule Below (Initial Authorization) …...……...………………..……...$25,000 *Estimated Expenses ….……................................................................……......……….....$1,500Total Fees…………….…….……………....…….…………………………….......……$26,500* City may authorize additional hours as needed.
Expenses
Customaryout-of-pocketexpenseswillbebilledtotheCityatactualcosttoConsultant.Theseexpensesmayinclude,butnotbelimitedto theassessmentengineer’s signatureandstamp,travel,mailingfulfillment,postage,supplies,telephone,reproduction,meals,andvariousthird-partychargesfordata,maps,andrecordingfees.Anyrequestedreimbursementover$100requirespre-approvalbytheCity;pleasesendallsuchrequeststoEricStorrie,SpecialDistrictsManager [email protected] his designee. 128
Hourly Rates and Additional Services
Thefollowingtableshowsourcurrenthourlyrates.AdditionalservicesauthorizedbytheCity,butnotincludedinthescopesofworkabovewillbebilledatthisrateorthethen-applicablehourly rate.
Maximum HourlyTitleRateDirector $225Associate Director / Engineer $210Senior Consultant / Manager $175Consultant $155Analyst $130Clerical / Support $105 129
“EXHIBIT”C-2SCOPE OF SERVICES
1915 Act Assessment District Administration ServicesKick-OffMeeting,ProjectSchedule.Consultantto meetwithCitystaff, legalcounselandother interested parties to:● Establish lines of communication● Clarify the specific project goals and criteria that will meet the City’s preference● Identifyand resolveanyspecialcircumstancesthatmaybe involvedin theadministration of the districts● Developprojectschedulesto meetlegalrequirementsandprovideforeffectiveinteraction of all involved parties● Establish meeting dates consistent with schedule to achieve project milestonesDataCollection.Consultantwillgatherandreviewdatarelevanttotheadministrationofthedistrict.Datawillbeobtainedfromvarioussources,includingCityrecords,Assessor’s parcelmaps, and County Assessor information and establish a database for the assessment district.PolicyReview. ConsultantwillreviewpoliciesandproceduresthathavebeenestablishedbytheCityforcompliancewiththegoverningdocumentsandlaw. Thesepolicieswillbeincorporatedinto our service to the City.CostRecovery. Consultantwillidentifyall costsassociatedwiththeadministrationoftheAssessmentDistrictandrecoverthosecoststhroughthelevyprocessasoutlinedin§8682and§8682.1of theCaliforniaStreetsandHighwaysCode.Thesecostsmayinclude,butnotbelimitedto Registrar/Transfer/PayingAgentfees,ArbitrageRebatecalculationfees,bankfees,and expenses of the City and its consultants related to the administration of the district.FundAnalysis.Consultantwilldeterminethebalancerequirementsandacquirethecurrentcashbalancesforthedistrict.We willmakerecommendationstoensurethattheflowoffundsandfundbalancesare in compliancewithbonddocuments.Cashflowanalysiswillalsobeperformed to determine any levy shortfall or surplus.AnnualAssessmentLevy. ConsultantwillcalculatetheannualassessmentlevyforeachparcelinthedistrictandsubmittheamountforeachparceltotheCountyintheformatandmedium(i.e.tape, diskette) required by the County Auditor-Controller.ResubmissionofRejects.ConsultantwillresearchthestatusofanyparcelsrejectedbytheCountyAuditor-Controller, andresubmitcorrecteddataforcollectionontheCountyTaxRoll.AnyparcelsthatarenotacceptedbytheCountyforcollectionwillbeinvoiceddirectly, withpayment directed to the City.MaintainAssessmentDistrictData.Consultantwillannuallytrackallparcelchangestoensurethatallchangesaredocumented.Historicalparcelchangeandassessmentapportionmentdatawill be maintained by NBS. 130
AnnualReport.Consultantwillprovidea comprehensiveAnnualReportthatwillshowadetailedlistingoftheamountssubmittedtotheCountyordirectlybilledforcollection,detailsofdelinquentassessments,fundanalysis,paidoffparcelsandreleaseofliens,allbondcallactivity,and assessed valuation information.DelinquencyMonitoring.ConsultantwillprovidetheCitywitha comprehensivelistofdelinquenciesaftereachinstallmentbecomesdue.Thisreportwillshowdelinquencypercentageas well as a detailed list of each delinquent parcel.PrepaymentCalculation/AmortizationSchedule.Consultantwill provideassessmentprepaymentcalculationsandamortizationschedulestointerestedparties.Therequesterwillpaythe cost of this service; however, there will be no charge to the City or property owners.BondCalls.Consultantwillpreparethespreadofprincipaltobecalledwithinmaturitiesforallbond calls and coordinate the call with the Paying Agent/Trustee.ReleaseofLiens.Consultantwillpreparealldocumentsrequiredtoreleasetheliensofparcelsthat have prepaid the assessment.Noticeof SpecialAssessment.Consultantwillprovidea "Noticeof SpecialAssessment"disclosurenoticeto requestingpartiesasrequiredby§53754oftheGovernmentCodeoftheStateofCalifornia.ThefeeofanyNoticeofSpecialAssessmentshallbepaidbythepartyrequesting the disclosure notice.Toll-FreePhoneNumber. Consultantwillprovideatoll-freephonenumberforusebytheCity,otherinterestedpartiesandallpropertyowners.Ourstaff willbeavailabletoanswerquestionsregardingtheformationandongoingcollectionofassessmentsforthedistrict.Bilingualstaff isavailable for Spanish-speaking property owners.CountyAssessorReporting.Consultantwillworkwiththe CountyAssessorto aidincomplyingwiththerequirementsofRevenue&TaxationCode163.Thisincludesprovidingdatasuch as parcel number, original assessment and current principal balance to the County Assessor.
Community Facilities District AdministrationData Collection.Consultant will gather and reviewdata pertinent to the administration of theCommunity Facilities District. Data will be obtained from various sources such as assessor’sparcel maps, building permits and county assessor information as determined to be necessarybased on the requirements of the Rate and Method of Apportionment. Consultant will maintainand periodically update a database of all parcels within the districts and relevant parcelinformation.Administrative Cost Recovery. Consultant will identifyall costs associated with theadministration of the Community Facilities District and recover those costs through the levyprocess as outlined in §53317(e) and §53340 of the Government Code of the State of California.Such costs may include, but are not to be limited to: bank fees, legal fees, county tax collectionfees, and all costs and expenses of the public agency and its consultants related to districtadministration.Cash Flow Analysis. Consultant will determine thecash flow requirement, acquire current fundbalances and make recommendations to keep the flow of funds and fund balances in compliance 131
with the bond documents. Fund transfers might include the transfer of available surplus funds tobe used as levy credits or the transfer of reserve funds to the redemption fund upon theprepayment of special taxes. Cash flow analysis will also be performed to determine any levyshortfall or surplus collections.Special Tax Requirement. Consultant will calculatethe annual Special Tax Requirement thatwill include all necessary components as outlined in the Rate and Method of Apportionment,such as principal and interest due, administrative expenses, collection for direct financing ofservices or facilities, and a fund credit or replenishment as determined from analysis of thedistrict funds.Levy Calculation. Consultant will calculate the annualspecial tax levy for each parcel withinthe Community Facilities District following the guidelines established in the Rate and Method ofApportionment.Meeting Attendance. Consultant will attend districtrelated Council/Board meetings related todistrict administration, as requested by the City.Parcel Tax ReportingConsultantwillpreparea reportwithinformationrelatingto theimpositionofeachlocallyassessedparceltaxrequiredbytheadditionofGovernmentCode(GC)section12463.2(chapter781, statutes of 2014.)Levy Submittal. Consultant will submit the levy tothe County Auditor Controller in therequired format and medium (i.e. e-mail, diskette). Special Taxes rejected by the County AuditorController will be researched and resubmitted for collection on the County Tax Roll. Any parcelsthat are not submitted to the County for collection will be invoiced directly to the parcel owner,with payment submitted to the public agency.Special Tax Levy Report. Consultant will provide anannual Special Tax Levy Report. Thisreport will include a parcel listing with levy amounts and other parcel information, the details ofthe annual Special Tax Requirement, current delinquency information, fund analysis,administrative expenses to be recovered, and status of the project and current issues affecting thedistricts.Delinquency Monitoring. Consultant will provide acomprehensive list of delinquencies aftereach special tax installment becomes due. The delinquency report will provide the district’soverall delinquency percentage as well as a detailed list of each delinquent parcel, with the nameand address of the delinquent parcel owner, the delinquent amount and penalties.Prepayment Calculations. Consultant will provide specialtax prepayment calculations tointerested parties. The party requesting the calculation shall pay the fee of any prepaymentcalculation.Bond Calls. Consultant will prepare the spread ofprincipal to be called within maturities for allbond calls and coordinate the call with the Paying Agent/Trustee.Release of Liens. Consultant will prepare all documentsrequired to release the liens of parcelsthat have prepaid the special tax. 132
CDIAC Reporting. Consultant will perform all necessary reporting to the California Debt andInvestment Advisory Commission as required by §53359.5(b) and §53359.5(c) of theGovernment Code of the State of California.Notice of Special Tax Disclosure. Consultant willprovide Notice of Special Tax Disclosurenotices to requesting parties as required by §53340.2 and §53341.5 of the Government Code ofthe State of California. The fee of any Notice of Special Tax shall be billed to the partyrequesting the disclosure form.Toll-Free Phone Number. Consultant will provide atoll-free phone number for use by the City,other interested parties and all property owners. Our staff will be available to answer questionsregarding the districts and ongoing collection of the special tax. Bilingual staff is available forSpanish-speaking property owners.
Continuing DisclosureIn accordance with the Continuing Disclosure Certificate of the Bonds, Consultant will providesupport with the annual disclosure filing requirements of the SEC Continuing Disclosure Rule15c2-12. Specifically, Consultant will perform the following:Document Review. Consultant will review pertinentdocuments of the Bonds, including theOfficial Statement and Continuing Disclosure Certificate. We will identify material such as theComprehensive Annual Financial Report and/or other operating data that the City has agreed toprovide in the Continuing Disclosure Certificate.Data Collection. Consultant will collect the annualfinancial information and operating data thatthe City has agreed to provide to the Electronic Municipal Market Access system, or EMMA.Report Preparation. Consultant will prepare the AnnualDisclosure Report as required in theDisclosure Certificate.Annual Dissemination. Consultant will disseminatethe Annual Disclosure Report includingCity Financials to EMMA and any SID, and post to our website to allow public access free ofcharge.Significant Events. Consultant will prepare and disseminatea “Notice of Significant Events”, aslisted on the Continuing Disclosure Certificate, to EMMA, as required in the certificate. Actionwill commence upon notification by the City of the occurrence of any of the events.City’s Responsibilities.The City shall furnish Consultantwith any pertinent information that isavailable to the City and applicable to the services. The City shall designate a person to act withauthority on its behalf in respect to the services. The City shall notify Consultant of theoccurrence of any events listed in the Continuing Disclosure Certificate. The City shall promptlyrespond to Consultant’s requests for reviews and approvals of its work, and to its requests fordecisions related to the services. City understands and agrees that Consultant is entitled to rely onall information, data and documents (collectively, “Information”) supplied to Consultant by Cityor any of its agents, Agreementors or proxies or obtained by Consultant from other usual andcustomary sources including other government sources or proxies as being accurate and correctand Consultant will have no obligation to confirm that such Information is correct and thatConsultant will have no liability to City or any third party if such Information is not correct. 133
Delinquency ManagementConsultant will develop a comprehensive delinquency management program which includes adiscussion and interpretation of the issuer’s foreclosure covenant together with a review of theexisting policies and procedures of the City. This service can be provided as part of overallannual administration or as a stand-alone service. When deemed as the appropriate course ofaction, NBS will perform the following.Delinquency Reports. Consultant will provide the Citywith an updated list of delinquenciesprior to sending any of the below letters. This report will also detail each district’s percentage ofdelinquencies, as well as a detailed list of each delinquent parcel.Reminder Letter. At the City’s direction, Consultantwill send a reminder letter to the propertyowner of each delinquent parcel for the December 10th installment. The purpose of the letter isto inform and educate the property owner of their obligation to pay assessments.Demand Letter. At the City’s direction, Consultantwill send a demand letter to the propertyowner of each delinquent parcel for the April 10th installment. This letter will be mailed to anyproperty owner who remains delinquent for both installments or who is delinquent for April 10thonly. The purpose of this letter is to further educate the property owner and advise them of apotential foreclosure.Lienholder Letter. At the City’s direction, Consultantwill send a demand letter to thelienholders of loan-defaulted parcels where a Notice of Default has been filed, notifying them ofthe special tax / assessment delinquency and the loss of their lien position when judicialforeclosure occurs. The purpose of this letter is to educate the lienholders and to spur quickpayment of delinquencies in order to protect their interest in the property.Lienholder Research. At the City’s direction, Consultantwill perform detailed search of publicrecords to identify lienholders on non-loan-defaulted parcels. The purpose of this is to allowfurther communication from the City to educate the lienholders and to spur quick payment ofdelinquencies in order to protect their interest in the property.Foreclosure Letter. This type of letter is typicallysent after the installments for a parcel havebeen removed from the tax roll. The letter delineates what amount must be paid directly to theCity to forestall the turnover of documents to the foreclosure attorney.Tax Roll Removal and Notice. Consultant will providethe information required to removeparcels from the tax roll and coordinate with the County Auditor Controller to verify theremoval. This step is in preparation of turning the parcels over for foreclosure. Once removedfrom the tax roll, each property owner will receive one final foreclosure letter indicating theamount due and payment instructions. NBS will file the Notice of Intent to Remove DelinquentInstallments and remove such Notice upon payment of the delinquency.Payment Plans. At the City’s discretion, Consultantwill offer payment plans to property ownersin lieu of turning parcels over to the City’s foreclosure counsel.Subsequent Foreclosure Services. Consultant will prepareand deliver all information to theCity’s foreclosure counsel. Consultant will also continue to supply the City’s counsel withadditional information throughout the foreclosure process. Consultant will continue to respond to 134
property owner and City staff phone calls regarding the status of all cases, and will coordinateand audit status reports on a bi-monthly basis from the City’s foreclosure counsel.Toll-FreePhoneNumber. Consultantwillprovideatoll-freephonenumberforusebytheCity,otherinterestedpartiesandallpropertyowners.Consultant’s staff willbeavailabletoanswerquestionsregardingtheformationandongoingcollectionofassessments/specialtaxesforthedistricts. Bilingual staff is available for Spanish-speaking property owners.
ApportionmentsParts10and10.5oftheStreetsandHighwaysCodedetailthemethodologyandprocedurethattheCitymustfollowinapportioningtheassessmentlienonparcelsthatarereconfiguredand/orsubdivided.With ourexperiencein districtformationandthedevelopmentof methodsofassessment, we are able to ensure that apportionments are properly performed.AssumingproceedingunderthepreferredprocedureofPart10.5,Consultantwillperformthefollowing:ApplicationForms. ConsultantwillprovideapportionmentapplicationformsandinstructionstotheCity’s Engineeringrepresentativeforinclusionasa conditionofapprovalforsubdivisionwithin an assessment district.Segregation. Consultantwillapportionthespecialassessmentaccordingtothemethodofspreadas described in the engineer’s report.NoticeofApportionment. Consultantwillpreparea noticeofapportionmentandsendit viacertified mail to the issuing underwriter, as required.AssessmentDiagram. Consultantwillprepareanamendedassessmentdiagramandnotice.Thediagram and notice will be filed and recorded with the County Recorder.AmortizationSchedule.Consultantwillpreparean amortizationscheduleforeachnewlycreated assessment type.ApportionmentReport. Consultantwillprepareandsubmitto theCityanApportionmentReport showing the finalized apportionment and the amended assessment diagram.In theeventproceedingsareundertakenunderPart10,thefollowingadditionalitemsarerequired:Resolutions. Consultantwillpreparetherequiredresolutionstoordertheamendedassessment,theamendedassessmentdiagram,noticestothepropertyowner, andfixtheamountofcoststoperform the apportionment.PublicMeetings. Consultantwillbe availableto attendanypublicmeetingsrequiredtocomplete the apportionment. 135
“EXHIBIT”D-2:RATES AND COSTS RELATED TO SERVICES LISTED IN EXHIBIT C-2 1915 Act administration
District Name
AnnualFeeAssessment District 2000-1 $3,350Assessment District 2001-1 $3,350 CFD administration
District Name
AnnualFeeCFD No. 2000-3 $4,200CFD No. 1 $4,200CFD No. 2 $4,200CFD No. 3 $4,200CFD No. 4 $4,200CFD No. 5 $4,200 Continuing DisclosureAD 2000-1 Report Fee…………………………….………………………………..……….$2,200AD 2001-1 Report Fee (1)…………………………….……………………………..……...$1,700CFD No. 2000-3 Report Fee (1) ……………………………………………………..……..$1,700CFD No. 1 Report Fee (1)…………….…………………………………………………….$1,700(1)Reports are combined under the 2012 Revenue Bonds (Series A & B) Developer’s Continuing DisclosureAD 2000-1 Report Fee…………………………….…………………………………..…..….$400 Significant Event Fee hourly or $250 per event
Dissemination Services:Report Dissemination (per recipient) $25Significant Event Dissemination (per recipient) $25 Delinquency ManagementReminder Letters (1) $15Demand Letters (1) 30Lienholder Letters (1, 2) 40Lienholder Research (Notice of Default Not Filed) HourlyForeclosure Letters 50Payment Plan Administration 300Tax Roll Removal (3, 4) 75 136
Removal of the Notice of Intent to Remove Delinquent Installments (4)25Subsequent Foreclosure Fees (4) 100All fees are based on a per parcel/per district basis, except as noted below.1. This fee will be recovered as part of the next levy.2. Letter is sent to lienholders where public Notice of Default has been filed. Fee reduced to$20 when sent jointly with Demand or Foreclosure Letter to the same parcel.3. This fee includes filing of the “Notice of Intent to RemoveDelinquent Installments” but does not include County fees forremoval from the tax roll.
ApportionmentsApportionments will be performed upon request and paid for by the requesting party atconsultant’s then current fee structure, as shown below. Consultant will apportion the assessmentaccording to the original method of spread, prepare the amended assessment diagram, and recordthe notice of apportionment and amended diagram per Parts 10 and 10.5 of the Streets andHighways Code.
Apportionment Fee (Four parcels or less): $950Apportionment Fee (Five or more parcels): $1,800(plus $35 per parcel) Recording Fee (each): $40
PART
10 (INADDITIONTOFEES SHOWNAS
PART
10.5ABOVE
)Resolutions:$300Meeting Attendance: hourly, plus travel costs* Annual Fee IncreasesCost of living increases may be applied to the Administration and Disclosure services listedabove on October 1 each year, beginning with October 1, 2023. The COLA would be the actualcost of living increase based on the U.S. Department of Labor, Bureau of Labor Statistics,Consumer Price Index for all urban consumers for the Southern California counties.
ExpensesCustomary out-of-pocket expenses will be billed to the City at actual cost to Consultant. Theseexpenses may include, but not be limited to, mailing fulfillment, postage, reproduction,telephone, travel, meals and various third-party charges for data, maps, and recording fees. Anyrequested reimbursement over $100 requires pre-approval by the City; please send all suchrequests to Eric Storrie, Special Districts Manager [email protected] his designee.
Hourly Rates and Additional ServicesThe following table shows our current hourly rates. Additional services authorized by the Citybut not included in the scope of services will be billed at this rate or the then applicable hourlyrate. 137
Title Maximum Hourly RateDirector $225Associate Director / Engineer $210Senior Consultant / Manager $175Consultant $155Analyst $130Clerical / Support $105 138
139
A-7950 EXHIBIT E
January 11, 2022
Mr. Eric L StorrieSpecial Districts ManagerCity of Oxnard1060 Pacific Avenue, Building #1Oxnard, CA 93030 Subject: Agreement to Provide Non-Bonded CFD Formation Services for the Harbour Island Zone of theWaterways Maintenance Assessment District (Exhibit E) Dear Eric,
NBS would like to thank you for the opportunity to provide Non-Bonded CFD Formation services for theCity of Oxnard (“City”). We look forward to continuing our professional relationship.
Please print one (1) copy of our Executed Agreement. Upon signing, please email one copy [email protected].
Scope of Services
Non-Bonded Community Facilities District (CFD) Formation Services with Registered Voter Vote KICK
-OFF
MEETING
, PROJECT
SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
● Establish lines of communication● Clarify the specific project goals and criteria that will meet the City’s preference● Identify and resolve any special circumstances regarding the formation of the CFD● Develop project schedules to meet legal requirements and provide for effective interaction of allinvolved parties● Establish meeting dates consistent with schedule to achieve project milestones LOCAL GOALS & POLICIESNBS will review existing local goals and policies or assist the City in developing local goals and policies forthe use of CFDs, as required by the Mello-Roos Community Facilities Act of 1982 (the “Act”).
DATA
COLLECTION
NBS will gather and review data relevant to the formation of the CFD. Data will be obtained from varioussources, including City records, Assessor’s parcel maps, and County Assessor information. helping communities fund tomorrow
140
DISTRICT
BOUNDARIES
NBS will make determinations of the property subject to the Special Tax. ● Establish boundaries for the CFD, giving consideration to both the project area and peripheral lands● Verify ownership based on last equalized tax roll● Formulate concepts with viable alternatives for spreading costs reasonably within the CFDboundary COST
ESTIMATE
NBS will obtain the estimate of project costs and incidental expenses and prepare a total project CostEstimate.
RATE MODELING
NBS will analyze the property data and cost estimate to formulate concepts with viable alternatives forspreading costs reasonable within the CFD boundary, taking into account the overall tax burden on theproperty.
RATE AND
METHODOF
APPORTIONMENT
NBS will formulate and present the Rate and Method of Apportionment to the City, legal counsel, thefinancial advisor and others, as appropriate.
MAPPING
NBS will prepare the Boundary Map and related documents and present to the City as required by the Act.
RESOLUTIONSAND
ORDINANCE
NBS will prepare the required resolutions and ordinance in accordance with the time schedule. Theresolutions and ordinance will comply with the Act. Final form of the resolutions and ordinance will bereviewed and approved by legal counsel and the City.
INTENT MEETINGNBS will present to City Council and the public regarding the CFD formation process, the analysis that led tothe setting of CFD special tax rates, and the methodology developed for the special tax.
CFD REPORT
Based on the results of the aforementioned reviews, discussions and modifications, NBS will prepare adetailed written report including the Cost Estimate, the Rate and Method of Apportionment and theBoundary Map and present to the City, legal counsel, and the public. NBS will file the Special Tax Reportwith the City Clerk.
PUBLIC
HEARING
NBS will present all necessary testimony and respond to public comments regarding the district formationproceedings.
City of OxnardCFD Formation Page2
141
ELECTION
NBS will work with the election official to provide necessary data and documents related to a registeredvoter election.
ADDITIONAL
CFD DOCUMENTS
NBS will prepare the Notice of Special Tax Lien in compliance with the Act. Final form of the Notice ofSpecial Tax Lien will be approved by City staff and legal counsel.
CITY
’S
RESPONSIBILITIES
The City shall furnish NBS with any pertinent information that is available to City and applicable to theServices. The City shall designate a person to act with authority on its behalf in respect to the Services. TheCity shall promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests fordecisions related to the Services. City understands and agrees that NBS is entitled to rely on all information,data and documents (collectively, “Information”) supplied to NBS by City or any of its agents, contractors orproxies or obtained by NBS from other usual and customary sources including other government sources orproxies as being accurate and correct and NBS will have no obligation to confirm that such Information iscorrect and that NBS will have no liability to City or any third party if such Information is not correct.
Fees
Non-Bonded Community Facilities District (CFD) Formation ServicesConsulting Fee per CFD Formation $24,500Estimated Expenses (1) $30,000Total Estimated Cost per CFD Formation $54,500(1) See description of expenses below
EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses mayinclude, but not be limited to, election costs, mailing fulfillment, postage, reproduction, telephone, travel,meals and various third-party charges for data, maps, and recording fees.
ADDITIONAL SERVICESThe following table shows our current hourly rates. Additional services authorized by the City but notincluded in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly RateDirector $225Associate Director / Engineer $210Senior Consultant / Manager $175Consultant $155Analyst $130Clerical / Support $105 City of OxnardCFD Formation Page3
142
TERMSConsulting services will be invoiced on a monthly basis. Expenses will be itemized and included in the nextregular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for workcompleted. Payment shall be made within 30 days of submittal of an invoice. If payment is not receivedwithin 90 days simple interest will begin to accrue at the rate of 1.5% per month. Either party can canceladministration contracts with 30 days written notice.
INDEMNIFICATIONNBS shall defend, indemnify and hold harmless City, its officers, employees, officials and agents from andagainst all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys’ fees,(collectively “Liabilities”) arising out of or resulting from the negligence or willful misconduct of NBS or abreach by NBS of its obligations under this Agreement, except to the extent such Liabilities are caused bythe negligence or willful misconduct of City. NBS will not be liable to the City or anyone who may claim anyright due to a relationship with City, for any acts or omissions in the performance of Services under thisAgreement, unless those acts or omissions are due to the negligence or willful misconduct of NBS. Except inthe case of NBS’ negligence, willful misconduct or breach of its obligations under this Agreement, City shall defend, indemnify and hold harmless NBS, its officers, directors, shareholders, employees and agentsfrom and against all Liabilities to the extent that such Liabilities arise out of NBS performing Servicespursuant to the terms of this Agreement, including, without limitation, any Liabilities arising as a result ofCity or any of its agents or contractors supplying incorrect Information or documentation to NBS. Theprovisions of this Section shall survive termination of this Agreement.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NBS Government Finance Group, City of OxnardDBA NBS
Michael Rentner Name
President and CEOTitle Date Title Date
City of OxnardCFD Formation Page4
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A-7950 EXHIBIT F
January 11, 2022
Mr. Eric L StorrieSpecial Districts ManagerCity of Oxnard1060 Pacific Avenue, Building #1Oxnard, CA 93030 Subject: Northshore CFD Bond Issuance Disclosure Services (Exhibit F) Dear Eric:
NBS would like to thank you for the opportunity to provide Community Facilities District (“CFD”) BondIssuance Disclosure for the City of Oxnard (“City”). This letter serves as a confirmation to proceed withservices for the Northshore Community Facilities District. The Scope of Services and Fees are shown below.All other provisions of the existing contract between the City of Oxnard and NBS remain in effect. We lookforward to continuing our professional relationship.
Please print one (1) copy of our project engagement letter. Upon signing, please return by email [email protected].
Scope of Services
Community Facilities District Bond Issuance Disclosure
KICK
-OFF
MEETING
, PROJECT
SCHEDULE
NBS will meet with City staff, legal counsel, any financial advisor and other interested parties to:
● Establish lines of communication● Clarify the specific project goals and criteria that will meet the City’s preference● Identify and resolve any special circumstances regarding the bond issuance● Develop project schedules to meet legal requirements and provide for effective interaction of allinvolved parties● Establish meeting dates consistent with schedule to achieve project milestones LOCAL GOALS & POLICIESNBS will review existing local goals and policies as required by the Mello-Roos Community Facilities Act of1982 (the “Act”).
DATA
COLLECTION
helping communities fund tomorrow
144
NBS will gather and review data relevant to the bond issuance. Data will be obtained from various sources,including City records, Assessor’s parcel maps, and County Assessor information.
PROPERTY DATANBS will provide certain disclosure data for the bond offering documents. Such data shall include parceldata, assessed value data, land use, development status and special tax classification information. NBS willalso coordinate with the financing team to order overlapping debt data and sample tax bills, as requested.
REVIEW BOND DOCUMENTSNBS will review all bond documents prepared and provided by bond or other legal counsel and the financialadvisor including the Official Statement, the Bond Indenture and the Continuing Disclosure Agreement.
DATAPROCESSING
NBS will process the property data and provide the following as requested:● Current and prior years’ special tax delinquencies.● Assessed Valuation History● Top CFD Property Owners● Value to Lien Calculations City’s ResponsibilitiesThe City shall furnish NBS with any pertinent information that is available to City and applicable to theServices. The City shall designate a person to act with authority on its behalf in respect to the Services. TheCity shall promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests fordecisions related to the Services. City understands and agrees that NBS is entitled to rely on all information,data and documents (collectively, “Information”) supplied to NBS by City or any of its agents, contractors orproxies or obtained by NBS from other usual and customary sources including other government sources orproxies as being accurate and correct and NBS will have no obligation to confirm that such Information iscorrect and that NBS will have no liability to City or any third party if such Information is not correct.
Disclosure of Conflicts of Interest and Legal or Disciplinary EventsPursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, on Duties of Non-SolicitorMunicipal Advisors, Municipal Advisors are required to make certain written disclosures to clients andpotential clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinaryevents of NBS and its associated persons.
CONFLICTS OF
INTEREST
CompensationNBS represents that in connection with the issuance of municipal securities, NBS may receivecompensation from an Issuer or Obligated Person for services rendered, which compensation is contingentupon the successful closing of a transaction and/or is based on the size of a transaction. Consistent withthe requirements of MSRB Rule G-42, NBS hereby discloses that such contingent and/or transactionalcompensation may present a potential conflict of interest regarding NBS’ ability to provide unbiased advice City of OxnardBonded CFD Formation and Bond Issuance Disclosure Page2 145
to enter into such transaction. This conflict of interest will not impair NBS’ ability to render unbiased andcompetent advice or to fulfill its fiduciary duty to the Issuer.
It should be noted that other forms of compensation (i.e. hourly or fixed fee based) may also present apotential conflict of interest regarding NBS’ ability to provide advice regarding a municipal securitytransaction. These other potential conflicts of interest will not impair NBS’ ability to render unbiased andcompetent advice or to fulfill its fiduciary duty to the Issuer.
Other Municipal Advisor RelationshipsNBS serves a wide variety of other clients that may from time to time have interests that could have adirect or indirect impact on the interests of another NBS client. For example, NBS serves as municipaladvisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clientsjust as it does to City of Oxnard. These other clients may, from time to time and depending on the specificcircumstances, have competing interests. In acting in the interests of its various clients, NBS couldpotentially face a conflict of interest arising from these competing client interests. NBS fulfills its regulatoryduty and mitigates such conflicts through dealing honestly and with the utmost good faith with City ofOxnard.
If NBS becomes aware of any additional potential or actual conflict of interest after this disclosure, NBS willdisclose the detailed information in writing to the issuer or obligated person in a timely manner.
LEGAL OR
DISCIPLINARY
EVENTS
NBS does not have any legal events or disciplinary history on NBS’ Form MA and Form MA-I, which includesinformation about any criminal actions, regulatory actions, investigations, terminations, judgments, liens,civil judicial actions, customer complaints, arbitrations and civil litigation. The Issuer may electronicallyaccess NBS’ most recent Form MA and each most recent Form MA-I filed with the Commission at thefollowing website:www.sec.gov/edgar/searchedgar/companysearch.html.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or FormMA-I filed with the SEC. If any material legal or regulatory action is brought against NBS, NBS will providecomplete disclosure to the Issuer in detail allowing the Issuer to evaluate NBS, its management andpersonnel.
Fees
Community Facilities District Bond Issuance DisclosureConsulting Fee $12,500Expenses NTE $3,000Total Estimated Cost per CFD Formation $15,500(1) See description of expenses below
EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses mayinclude, but not be limited to travel, postage, telephone, reproduction, meals, etc.
ADDITIONAL SERVICES
City of OxnardBonded CFD Formation and Bond Issuance Disclosure Page3 146
The following table shows our current hourly rates. Additional services authorized by the City but notincluded in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly RateDirector $225Associate Director / Engineer $210Senior Consultant / Manager $175Consultant $155Analyst $130Clerical / Support $105 TERMS
Services will beinvoicedmonthly. Expenses will beitemizedandincludedinthenextregularinvoice.Iftheproject is prematurelyterminatedbyeitherparty,NBSshallreceivepaymentforworkcompleted.Paymentshall bemadewithin30days of submittal of aninvoice. If payment is not receivedwithin90days’simpleinterest will begintoaccrueattherateof1.5%permonth.Eitherpartycancanceladministrationcontractswith 30 days’ written notice Please feel free to contact me if you have any questions or need further information.
Best regards,
NBS Government Finance Group, City of OxnardDBA NBS
Michael Rentner Name
President and CEOTitle Date Title Date
City of OxnardBonded CFD Formation and Bond Issuance Disclosure Page4 147
A-7950 EXHIBIT G
January 11, 2022
Mr. Eric L StorrieSpecial Districts ManagerCity of Oxnard1060 Pacific Avenue, Building #1Oxnard, CA 93030 Subject: Public Engagement Services (Focused Community Efforts) for the City’s Communities withSpecial Financing Districts (Exhibit G) Dear Eric,
NBS would like to thank you for the opportunity to provide continued Public Engagement services for theCity of Oxnard (the “City”). Services will be providedonly for specific communities authorized by the City.We look forward to continuing our professional relationship.
Please print one (1) copy of our Executed Agreement. Upon signing, please email one copy [email protected].
Scope of Services
PUBLIC ENGAGEMENT – FOCUSED COMMUNITY EFFORTSNBS will continue to develop and deploy content, including but not limited to:● Weekly activity informational updates● Ongoing updates on District activities● Calendar of anticipated events (such as timeline for the election, budget considerations, and tax duedates.)● Legislative updates● Meeting announcements and minutes● Signup forms and specific interest group forms● Specialized mapping and graphics pertaining to each community● Content development and update for website and social media● Digital and printed newsletters that highlight the various engagement items listed above.
Develop online/mailed surveys to gather information from individual communities by:● Providing concise explanations about the survey.● Developing specific questions that allow for focused results.● Engaging a larger demographic within the boundaries.● Measuring the performance of the survey.● Providing useful and detailed results. helping communities fund tomorrow
148
Provide the following meeting services for in-person (or virtual) meetings:● Hosting at least 3 in-person (or virtual) meetings per community to give the community theopportunity to discuss items of importance as well as build a sense of community.● Creation and posting of community meeting notices that will be posted on various outlets such associal media, public locations and in the newspaper and or newsletter.● Lead meetings with particular objectives created with the City prior to the meeting.o Current objectives include finding and implementing solutions for the revitalization andlong-term viability of public improvements in and around various communities in the City toprotect real estate values and enhance the quality of life for its residents.● Development of action items based on feedback received at Community Meetings or fromnewsletters, surveys and other ongoing communication efforts.
Updates to the collaborative governance process which include:● Updates to the collaborative governance report on progress for specific communities with SpecialFinancing Districts in creating solutions for the community.● Creation of detailed plans for next steps within each community.● Creation of Advisory Committees.● Discussion and documentation of recommendations for new funding solutions.
CITY’S RESPONSIBILITIESThe City shall furnish NBS with any pertinent information that is available to City and applicable to theServices. The City shall designate a person to act with authority on its behalf in respect to the Services. TheCity shall promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests fordecisions related to the Services. City understands and agrees that NBS is entitled to rely on all information,data and documents (collectively, “Information”) supplied to NBS by City or any of its agents, contractors orproxies or obtained by NBS from other usual and customary sources including other government sources orproxies as being accurate and correct and NBS will have no obligation to confirm that such Information iscorrect and that NBS will have no liability to City or any third party if such Information is not correct.
Fees
PUBLIC ENGAGEMENT (FOCUSED COMMUNITY EFFORTS) PER COMMUNITYFocused Efforts for Communities Authorized by the City $16,500 per communityEstimated Expenses (1) $1,950 per communityTotal Not to Exceed per Community(2) $18,450 percommunityAnticipated Number of Communities 14 communitiesTotal Not to Exceed (If City authorizes for all 14 communities) $258,300 per community(1) See description of expenses below(2) Covers up to 3 in-person (or virtual) meetings. Additional meetings subject to additional fees perhourly rate schedule below.
EXPENSES
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149
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses mayinclude, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals andvarious third-party charges for data, maps, and recording fees.
ADDITIONAL SERVICESThe following table shows our current hourly rates. Additional services authorized by the City but notincluded in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly RateDirector $225Associate Director / Engineer $210Senior Consultant / Manager $175Consultant $155Analyst $130Clerical / Support $105 TERMSFees for focused community efforts will be invoiced monthly upon completion of tasks. Expenses will beitemized and included in the next regular invoice. If the project is prematurely terminated by either party,NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of aninvoice. If payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% permonth. Either party can cancel administration contracts with 30 days written notice.
INDEMNIFICATIONNBS shall defend, indemnify and hold harmless City, its officers, employees, officials and agents from andagainst all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys’ fees,(collectively “Liabilities”) arising out of or resulting from the negligence or willful misconduct of NBS or abreach by NBS of its obligations under this Agreement, except to the extent such Liabilities are caused bythe negligence or willful misconduct of City. NBS will not be liable to the City or anyone who may claim anyright due to a relationship with City, for any acts or omissions in the performance of Services under thisAgreement, unless those acts or omissions are due to the negligence or willful misconduct of NBS. Except inthe case of NBS’ negligence, willful misconduct or breach of its obligations under this Agreement, City shalldefend, indemnify and hold harmless NBS, its officers, directors, shareholders, employees and agents fromand against all Liabilities to the extent that such Liabilities arise out of NBS performing Services pursuant tothe terms of this Agreement, including, without limitation, any Liabilities arising as a result of City or any ofits agents or contractors supplying incorrect Information or documentation to NBS. The provisions of thisSection shall survive termination of this Agreement.
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150
Please feel free to contact me if you have any questions or need further information.
Best regards,
NBS Government Finance Group, City of OxnardDBA NBS
Michael Rentner Name
President and CEOTitle Date Title Date
City of OxnardPublic Engagement Services Page4
151
Oxnard Special Financing Districts Cost Spreadsheet
Special Financing District NameCounty Fund No.Parcel Count 2021/22 Levy Amount NBS Fees Year 1 NBS Fees Year 2 NBS Fees Year 3 Notes AD 2000-1 Oxnard Blvd/Highway 101 Interchange 1057 (199) 185,532.62( 3,350) ( 3,451) ( 3,554) AD 2001-1, Series 2012 Refunding Bonds1058 (286) 950,980.40( 3,350) ( 3,451) ( 3,554) CFD No. 1 Westport at Mandalay Bay1612 (313) 700,041.88( 4,200) ( 4,326) ( 4,456) CFD No. 2 Westport at Mandalay Bay1613 (321) 513,730.74( 4,200) ( 4,326) ( 4,456) CFD No. 2000-3 Oxnard Blvd/Highway 101 Interchange 1611 (704) 572,839.54( 4,200) ( 4,326) ( 4,456) CFD No. 3 Seabridge at Mandalay Bay1619 (535) 1,778,820.18( 4,200) ( 4,326) ( 4,456) CFD No. 4 Seabridge at Mandalay Bay1620 (542) 665,014.16( 4,200) ( 4,326) ( 4,456) CFD No. 5 Riverpark 1621 (1,896) 2,987,472.46( 4,200) ( 4,326) ( 4,456) CFD No. 7 Wagon Wheel N/A Unknown Unknown( 4,200) ( 4,326) ( 4,456) Managed by David Taussig and Associates
currently. NBS does not have any levy
information on this district.
CFD No. 8 Sakioka Farms N/A (44) 0.00( 4,200) ( 4,326) ( 4,456) County fund number not obtained due to
NBS not levying nor completing
administration per City direction. Wet
signature resolution will be required to
provide to County for fund number.
CFD No. 8 Northshore at Mandalay BayN/A (214) N/A( 4,200) ( 4,326) ( 4,456) Due to reformation of original district (CFD
6) this CFD will require a new County fund
number. Wet signature resolution will be
required to provide to County. Prior CFD 6
last levy was 4 parcels in FY 2014/15 in the
amount of $66,344.98.
LMD No. 10 (Country Club Estates)1262 (153) 24,076.08( 950) ( 979) ( 1,008) LMD No. 11 (St. Tropez) 1266 (83) 6,990.26( 950) ( 979) ( 1,008) LMD No. 12 (Standard Pacific) 1267 (255) 22,394.10( 950) ( 979) ( 1,008) LMD No. 13 (Le Village) 1278 (160) 18,044.80( 950) ( 979) ( 1,008) LMD No. 14 (California Cove) 1269 (212) 36,692.96( 950) ( 979) ( 1,008) LMD No. 16 (California Lighthouse)1274 (265) 19,551.70( 950) ( 979) ( 1,008) LMD No. 23 (Greystone) 1295 (61) 5,587.60( 950) ( 979) ( 1,008) LMD No. 24 (Vineyards) 1296 (100) 18,300.00( 950) ( 979) ( 1,008) LMD No. 25 (Pointe) 1297 (216) 23,798.88( 950) ( 979) ( 1,008) LMD No. 27 (Rose Island) 1705 (50) 20,771.00( 950) ( 979) ( 1,008) LMD No. 28 (Harborside) 1706 (355) 38,269.00( 1,400) ( 1,442) ( 1,485) LMD No. 3 (River Ridge) 1248 (516) 84,035.76( 1,400) ( 1,442) ( 1,485) LMD No. 30 (Haas Automation) 1708 (13) 11,441.26( 950) ( 979) ( 1,008) LMD No. 31 (Rancho De La Rosa)1711 (233) 87,705.86( 950) ( 979) ( 1,008) LMD No. 32 (Oak Park) 1239 (27) 3,726.54( 950) ( 979) ( 1,008) 152
Oxnard Special Financing Districts Cost Spreadsheet
LMD No. 33 (El Paso) 1724 (190) 65,204.20( 950) ( 979) ( 1,008) LMD No. 34 (Sunrise Pointe & Sunset Cove) 1725 (273) 67,736.76( 950) ( 979) ( 1,008) LMD No. 36 (Villa Santa Cruz & Villa Carmel) 1727 (330) 97,897.80( 1,400) ( 1,442) ( 1,485) LMD No. 37 (Pacific Breeze) 1728 (119) 8,882.16( 950) ( 979) ( 1,008) LMD No. 38 (Aldea Del Mar) 1731 (294) 108,944.64( 950) ( 979) ( 1,008) LMD No. 39 (DR Horton) 1732 (65) 34,669.70( 475) ( 489) ( 504) LMD No. 39 (Promesa & Sueno)1732 (179) 100,540.72( 475) ( 489) ( 504) LMD No. 40 (Cantada) 1743 (113) 42,827.00( 950) ( 979) ( 1,008) LMD No. 41 (Pacific Cove) 1744 (120) 44,193.60( 950) ( 979) ( 1,008) LMD No. 42 (Cantabria & Coronado)1742 (197) 10,184.90( 950) ( 979) ( 1,008) LMD No. 43 (Greenbelt) 1745 (164) 113,821.06( 950) ( 979) ( 1,008) LMD No. 46 (Daily Ranch) 1753 (262) 178,803.00( 950) ( 979) ( 1,008) LMD No. 47 (Sycamore Place) 1748 (111) 30,700.38( 950) ( 979) ( 1,008) LMD No. 49 (Cameron Ranch) 1750 (35) 19,412.40( 950) ( 979) ( 1,008) LMD No. 50 (Pleasant Valley Senior Housing) 1751 (60) 24,523.20( 950) ( 979) ( 1,008) LMD No. 51 (Pfeiler) 1757 (219) 105,737.58( 950) ( 979) ( 1,008) LMD No. 52 (Wingfield) 1758 (199) 10,212.68( 950) ( 979) ( 1,008) LMD No. 53 (Huff Court) 1759 (8) 3,775.84( 950) ( 979) ( 1,008) LMD No. 54 (Meadow Crest Villas)1766 (50) 12,080.00( 950) ( 979) ( 1,008) LMD No. 55 (Wingfield West) 1767 (41) 30,996.82( 950) ( 979) ( 1,008) LMD No. 58 (Westwind) 1770 (156) 29,047.20( 950) ( 979) ( 1,008) LMD No. 60 (Artisan) 1794 (1) 41,922.34( 950) ( 979) ( 1,008) MAD No. 4 (Mandalay Beach) 1249 (441) 39,446.00( 1,400) ( 1,442) ( 1,485) Waterways Assessment District 0602 (875) 492,206.98( 1,400) ( 1,442) ( 1,485) Estimated Continuing Disclosure Reports, Significant Events, and Dissemination (Annually):( 9,200) ( 9,476) ( 9,760) Estimated (3%) Annual Cost of Living Inflator for Administration and Continuing Disclosure (Starts on Year 2): N/A Reflected Above Reflected Above Estimated Delinquency Management Activities (Annually):( 15,000) ( 15,000) ( 15,000) Estimated Lien Apportionments (1915 Act Districts Only) (If Parcels Merge or Subdivide) (Annually):( 10,000) ( 10,000) ( 10,000) Special Projects Necessary for the Ongoing Administration of the Landscape Maintenance Districts (Annually):( 26,500) ( 26,500) ( 26,500) Estimated Out-Of-Pocket Expenses (Annually):( 7,500) ( 7,750) ( 8,000) Bond Issuance Disclosure for Northshore CFD (One-Time Project):( 15,500) ( - ) ( - ) CFD Formation for Harbour Island Zone of Waterways MAD (One-Time Project):( 54,500) ( - ) ( - ) Estimated Focused Community Engagement (7 per year up to a total of 14 communities) (2-Year Plan Shown):( 129,150) ( 129,150) ( - ) Special On-Call Budget Additional Assistance (COVID or City Staff Turnover Coverage) (Annually as Needed):( 30,000) ( 30,000) ( 30,000) Totals:( 380,200) ( 313,212) ( 187,156)
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civicmic.com
Corporate Headquarters
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Temecula, CA 92592
Toll free: 800.676.7516
Collaborative Governance Guide for the:
Special Districts Division
September 2020
154
TABLE OF CONTENTS
INTRODUCTION .............................................................................................................. 1
1.1 Spectrum of Collaborative Governance Efforts ........................................................ 1 MISSION STATEMENT ..................................................................................................... 2
2.1 Neighborhoods .......................................................................................................... 2 FEASIBILITY ASSESSMENT ............................................................................................... 3
3.1 Assessment of the City .............................................................................................. 3
3.2 Assessment of Residents and Property Owners (1st Assessment) ............................ 5
3.3 Survey of Residents and Property Owners (Complete) ............................................ 6
3.4 Prioritization Based on Representation, Interests, Engagement and Location ...... 20 PARTICIPATION............................................................................................................. 22
4.1 Neighborhood Committees ..................................................................................... 22
4.2 Decision-Making ...................................................................................................... 22
4.3 City’s Commitment .................................................................................................. 22
4.4 Convener’s Commitment ........................................................................................ 23
4.5 CivicMic’s Commitment .......................................................................................... 23
4.6 Agreement ............................................................................................................... 24
4.7 Committee Meetings ............................................................................................... 24
4.8 Guidelines for Participation..................................................................................... 25 WORK PLAN.................................................................................................................. 26
5.1 Initial Timeline and Approach ................................................................................. 26
5.2 Special Considerations ............................................................................................ 27
5.3 Conducting Meetings .............................................................................................. 27 155
5.4 Citizens’ Advisory Committee and Adaptive Management Plan ............................ 28 IMPLEMENTATION ACTION PLAN (IAP) ......................................................................... 29
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1 INTRODUCTION1
Demands on public and private resources are increasing, political polarization and gridlock are worsening, our population is growing more diverse, and citizens increasingly expect to have a say in public issues. At the same time, governmental jurisdictions and traditional decision-making processes established over the past 200 years have remained essentially static. Many have discovered that top-down unilateral decision- making does not result in comprehensive, lasting solutions.
Today’s problems call for a kind of collaborative governance in which leaders play new roles, bringing people together from various interests and perspectives to work to address difficult issues. Acting in their roles as conveners, leaders do not impose solutions, but rather get people involved in finding effective solutions together. Collaboration thus enables leaders to act without taking sides.
First, every stakeholder must be brought in at the very start of the process. The very point of the process is that everyone gets to see the cards dealt, everyone gets to kick the tires on the technical issues.
Second, it is best if the City signals in unambiguous terms that the process and what comes out of the process will likely prevail as public policy.
Third, the process needs professional facilitation and access to extensive technical advice on Special Financing Districts.
Finally, such a process must have as its goal some viable and sustainable solution.
1.1 Spectrum of Collaborative Governance Efforts
There are four main points on the spectrum of collaborative governance efforts.
1. Inform. Leaders or staff members meet with representatives from the private and civic sectors, as well as individual citizens, to give them information or obtain information from them. This approach can be useful to get reactions to proposals, gain insight into the public’s viewpoints, and help allay controversies due to misinformation.
2. Consult. Leaders can use consultative meetings or committees to gain feedback, advice, or input from a broad array of stakeholders; this can be done on a one-time or on-going basis. It can also be used to identify data needs and policy options.
3. Engage. The objective is to actively engage citizens in proposing solutions to difficult problems, choosing priorities, or providing feedback. However, engagement does not involve sharing decision-making power, as often happens in the collaborative processes.
4. Collaborate. Collaborative processes seek consensus recommendations from the public or stakeholders and invite shared responsibility in decision-making as well as implementation.
1 Carlson, C. (2007). A Practical Guide to Collaborative Governance. Portland: Policy Consensus Initiative 157
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2 MISSION STATEMENT
The City of Oxnard wishes to engage constituents in a collaborative governance effort to find and implement solutions for the revitalization and long-term viability of public improvements in and around various neighborhoods in the City thus protecting real estate values and enhancing the quality of life for its residents. Solutions are expected to include the creation of citizen advisory committees, ongoing monitoring, and adaptive management techniques to ensure the sustainability of desired outcomes and successful implementation of the agreed-upon solutions.
2.1 Neighborhoods
Collaborative governance efforts seek to revitalize the interior, perimeter, and median public improvements of the following neighborhoods. Revitalization efforts are being approached in phases and will be prioritized based on available funds. To see a list of current prioritizations please refer to Section 3.4. • California Cove
• California Lighthouse
• Country Club Estates
• Greystone
• Harbour Island
• Huff Court
• Le Village
• Meadowcrest Villas
• Pacific Breeze
• Pacific Cove
• Pleasant Valley Senior Housing
• The Pointe
• River Ridge
• Rose Island
• St. Tropez
• Standard Pacific
• Sycamore Place
• Vineyards
• Wingfield
• Wingfield West
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3 FEASIBILITY ASSESSMENT
The City, as the sponsor of this collaborative process, must assess the situation to determine whether a collaborative process is feasible to achieve the Mission Statement. CivicMic as the Facilitator has worked with the City to complete this assessment and conclude a collaborative process is feasible and preferred.
3.1 Assessment of the City
1. Are the issues clear?
a. Yes, public improvements in and around specific communities of the City are in disrepair and residents desire a revitalization of the improvements to protect real estate values and improve quality of life among other reasons.
2. Are the issues negotiable?
a. Yes, there are various ways of addressing the issues and a need to achieve consensus on the best solution.
3. Are the issues a priority for the City?
a. Yes, the City is committed to finding and implementing a workable solution.
4. Are the issues a priority to other parties?
a. Yes, City staff has been approached by residents, homeowner associations, and other constituents prompting the City for a solution, thus showing this is a priority to other parties.
5. Is there a deadline? Is there enough time for the parties to engage in a collaborative process? a. Time is of the essence as public improvements such as trees, plants, and green areas continue to deteriorate and the cost of revitalizing the improvements rises. Nevertheless, there is enough time for parties to engage and ensure a viable long-term and sustainable solution is agreed upon and implemented. A collaborative process is particularly necessary as solutions may include the implementation of funding requiring approval by registered voters and/or property owners. Bringing everyone to the table into a collaborative process increases the odds that agreed-upon funding solutions will be approved by the registered voters and/or property owners as required by law.
6. What decisions does the City need to make? Does the City have a mandate in this matter? a. The City needs to determine if proposed solutions are consistent with guidelines of the City and can be implemented by the City or through private contractors. Also, the City must estimate costs and determine funding options for the implementation of proposed solutions. The City may be limited by mandates such as, but not limited to, procurement rules, Proposition 218, Proposition 26, and Special Financing District statutes.
7. Who will be needed to make the decisions? Would implementation be better if affected parties helped to develop the decision?
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4 a. Participation by residents and property owners of each neighborhood is paramount as they are impacted directly by the issues.
8. Who are the parties? What are their interests? Is a collaborative process their best alternative for achieving those interests?
a. City staff, elected officials, residents, property owners, and homeowner associations, when applicable, all share the same interests and desires for the revitalization of the public improvements in and around each neighborhood. The collaborative process is specifically suited to achieving these shared interests.
9. What is the context, history, and dynamics around the issue? What are the relationships among the parties? Is there a history of conflict, or are the issues a one-time occurrence? a. There is a history of distrust and conflict around the issues and the relationship between residents, property owners, and the City can be adversary depending on the neighborhood. The issues have surfaced before and require special attention and an outside the box approach to achieve a viable and sustainable permanent solution.
10. Is it likely that key decision-makers will support a collaborative process? Do the parties have resources or influence that would help the sponsor implement the decision? a. The City is committed to the process and the parties have the resources and influence to help the City implement the solution.
11. What are the obstacles to addressing the issue through collaboration? Can obstacles be overcome?
a. Given the high level of distrust, it is anticipated that residents and property owners will want to see where their money is currently going before considering solutions that may involve additional funding. CivicMic will facilitate the sharing of information and full transparency early in the process so participants can move to the next stage of collaboration.
12. Is the City willing to share control of the process and formulation of a decision? Does the City have the time and resources to support a collaborative process? a. The City is willing to share control in the formulation of a decision and needs the support of the residents and property owners to implement any solution involving additional funds.
The City is committed to dedicating time and resources to support the collaborative process.
13. Will a Facilitator and a Convener be helpful in planning and carrying out the process? a. CivicMic will serve as Facilitator in this process. CivicMic also has access to Special Financing District technical expertise required to address current issues and proposed solutions live as questions come up during the collaborative process. b. The participation of the Council member applicable to the neighborhood based on the electoral district as a Convener would be extremely helpful. 160
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5 3.2 Assessment of Residents and Property Owners (1st Assessment) As stakeholders in this process, each resident should answer the following questions before beginning collaboration efforts. This feedback will provide a starting point to understanding each resident’s desire or perceived need to participate. These questions will be presented to residents immediately following the Introduction Meeting, but prior to the first individual community meetings.
1. What are the issues from your perspective? Are they negotiable? a.
2. Are the issues a priority for you?
a.
3. Is there a need for a decision?
a.
4. Do you believe you have something to gain by participating in meetings with the City or something to lose by not participating?
a.
5. In your opinion, who from the neighborhood needs to be involved to make the effort successful? a.
6. What is the history of the situation? What are the relationships among the parties, including the City, on this issue?
a.
7. Would it be helpful to have a respected leader convene the group? Who could do that? a.
8. Which spokesperson from the neighborhood should represent the group? a.
9. Do you have enough time to participate effectively?
a.
10. What types of information do you need? What kinds of information can you provide? a.
11. Do you have specific concerns that need to be addressed before you can agree to participate? a.
12. Do you have any suggestions about how the process ought to operate? a.
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6 3.3 Survey of Residents and Property Owners (Complete) An online survey of residents and property owners in the nineteen (19) neighborhoods for which the maintenance of public improvements is funded by Landscape Maintenance Districts (“LMDs”) was conducted during the months of August and September 2019. The survey was closed on November 5th, 113 survey responses were received from 18 of the neighborhoods that were mailed postcards and 2 additional neighborhoods (neighborhood shown as “Other” below) representing 20 neighborhoods total.
A breakdown of the responses received is shown in the table below.
Neighborhood
LMD Lots
Responses
Received
Neighborhood
LMD Lots
Responses
Received
California Cove
(LMD No. 14)
225 16
Pleasant Valley SH
(LMD No. 50)
60 4
California Lighthouse
(LMD No. 16)
265 4
The Pointe
(LMD No. 25)
218 7
Country Club Estates
(LMD No. 10)
156 4
River Ridge
(LMD No. 3)
542 17
Greystone
(LMD No. 23)
62 1
Rose Island
(LMD No. 27)
50 2
Harbour Island
(Zone 2 of
Waterways)
129 13
St. Tropez
(LMD No. 11)
83 1
Huff Court
(LMD No. 53)
8 Standard Pacific
(LMD No. 12)
257 15
Le Village
(LMD No. 13)
177 1
Sycamore Place
(LMD No. 47)
111 2
Meadowcrest Villas
(LMD No. 54)
50 3
Vineyards
(LMD No. 24)
102 3
Pacific Breeze
(LMD No. 37)
119 1
Wingfield
(LMD No. 52)
201 10
Pacific Cove
(LMD No. 41)
124 5 Other* 4
Totals: 1,315 48 1,624 65
* includes Southwinds and Mandalay Bay (Zone 1 of Waterways) 162
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7 Each survey question is listed below followed by a visual depiction of the current survey results.
1. Are you aware that your property tax bill includes a charge for a maintenance assessment district by the City?
a. Yes - _____
b. No - _____
Most of the residents that responded to the survey are already aware of the assessment.
Are you aware that your property tax bill includes
a charge for a maintenance assessment district
by the City?
No Yes
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8 2. If aware, do you know how much you pay for the maintenance assessment district? a. Under $200 per year - _____
b. $200 to $300 per year - _____
c. Over $300 per year - _____
Almost 30% of the responders did not know how much they pay for assessments.
This provides useful insight for education on the actual assessment amounts charged to each property owner.
Do you know how much you pay for the
maintenance assessment district?
Over $300 per year $200 to $300 per year Under $200 per year Don't know 164
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9 3. Are you aware of the boundaries of your district and what landscaping is included? a. Yes - _____
b. No - _____
Educating residents on the boundaries of their district and the landscaping included within the district will be extremely beneficial as many residents have concerns about landscaping that is not within the boundaries of an assessment district.
Are you aware of the boundaries of your district
and what landscaping is included?
Yes No
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10 4. Please select how you believe the City uses revenue collected from the maintenance assessment districts.
a. For general services - _____
b. For landscaping maintenance specific to my neighborhood - _____ c. For other maintenance throughout the City and not specific to my neighborhood - _____
CivicMic has and will continue to provide educational materials on this topic.
Residents should understand, and have documentation that supports, how the City spends assessment district funds.
How you believe the City uses revenue collected
from the maintenance assessment districts.
For general services
For landscaping maintenance specific to my neighborhood For other maintenance throughout the City and not specific to my neighborhood 166
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11 5. Are you satisfied with the level of landscaping maintenance provided to your neighborhood by the City?
a. Yes - _____
b. No - _____
The survey results show a 5% satisfaction rate.
Are you satisfied with the level of landscaping
maintenance provided to your neighborhood by
the City?
Yes No
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12 6. If not satisfied, how should the City address the level of maintenance for your District? a. I don't have enough information. I would like to learn more about the options before I make a decision - _____
b. I would consider paying more to receive a higher level of maintenance if revenue is used for landscaping and services specific to my neighborhood. I would like to learn more about this option - _____
The majority of residents that responded to the survey feel they need additional information to make a decision. CivicMic has and will continue to provide educational information on this topic.
How should the City address the level of
maintenance for your District?
I don't have enough information. I would like to learn more about the options before I make a decision.
I would consider paying more to receive a higher level of maintenance if revenue is used for landscaping and services specific to my neighborhood. 168
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13 7. How do you prefer to learn more about the options? a. I will attend a community meeting with City staff and others to discuss options in person - _____
b. I would like to receive all the information and ask questions via email, blog, or Facebook Group - _____
c. I am interested in both types of communication listed above - _____
Over 50% of the residents that responded to the survey would like multiple types of communication. CivicMic plans to engage residents using both types of communication to reach as many residents as possible.
How do you prefer to learn more about the
options?
I will attend a community meeting with City staff and others to discuss options in person.
I would like to receive all the information and ask questions via email, blog, or Facebook Group.
I am interested in both types of communication listed above. 169
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14 8. If attending an in-person meeting, what days and times work best for you? d. Monday to Friday between 8 AM and 5 PM - _____
e. Monday to Friday 6 PM and after - _____
f. Saturday between 12 PM and 4 PM - _____
Most residents that responded to the survey would like to meet on weekday evenings. We will continue to gauge this issue on a community by community basis to ensure the involvement of as many residents as possible.
If attending an in-person meeting, what days and
times work best for you?
Monday to Friday 6 PM and after
Monday to Friday between 8 AM and 5 PM
Saturday between 12 PM and 4 PM
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15 9. What immediate questions would you like answered? (Responses have been sorted by topic only, the responses are unaltered and shown exactly as typed in the survey.) a. Use of Assessment Funds.
• How can I get a copy of what our assessment money is being spent on? • What is allowable to be paid from our fund?
• How is money allocated to projects?
• What has happened to all the money from my property taxes that has been collected to maintain my neighborhood?
• Receive more for our dollar~!
• How is our money budgeted and how can we get updates on expenses & account balances?
• Were funds from special tax assessment allocated to infrastructure projects; roads, sewer lines, landscaping maintenance?
• How much from my property tax bill is taken to pay for maintenance assessment district in my community?
• We wouldn't even be having this discussion if you used the money assessed for landscaping properly. I think the Ventura County grand jury would love to dig into the actual use of those assessments since they did not go for landscaping! • Where are our assessment funds being used since they're not being used for our neighborhood?
• Why hasn't the City been performing the landscape maintenance they are obligated to do? Do your job now, and maybe we will consider increases based on CPI inflation. You've been getting my tax money for years, yet maintenance isn't performed; where is this money going? I'm not willing to pay more for landscaping maintenance that isn't being performed now; what would paying more accomplish??
• Why do we pay so much and yet the exterior landscaping has gone to weeds and seeds? We found a switchblade, trash, and leaves a foot deep; Gonzales Road is the way students walk to school. The neglect is shameful and sends a bad message. And yes, we had a neighborhood cleanup but were only able to rake and clean 1/3 of the stretch. • Where does the money listed on my tax bill go to?
• How much money, from my neighborhood is collected for this purpose and how is it being spent?
• Why have the assessments gone up and the landscaping become virtually nonexistent? The weeds are overgrown, broken sprinkler heads, trash in greenbelt garden area, trees lifting sidewalks, etc.
• Why do I pay such high property taxes when Oxnard won’t even take care of the lawns and landscape of California Cove?
• How are property taxes apportioned for landscape maintenance? • Are you going to water South Bank Park? It is very dry and yellow. • Inside the wall vs outside the wall. The inside wall contractors are doing great. The trees need trimming along the sidewalks. Outside of the walls aren't included in our fees. This is 171
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16 area needs attention. The medians outside the walls aren't included. The above questions were regarding the LMDs. So, what are you discussing? Outside or Inside? • I would like to have the city improve their landscaping for the areas maintained by the city especially Pleasant Valley blvd between Butler Rd. End of our development. • How are our current funds budgeted and accounted for and how is public benefit determined for waterways and main public streets - like Harbor Blvd. • How can we be assured that the moneys we pay is used only for our neighborhood?
b. Service Levels
• How are vendors held accountable to perform the work they are paid for? • How can we provide feedback on performance?
• Why are the city hired landscapers doing such a lousy job? • What landscaping maintenance is annually performed in my district? • Why has the maintenance been lacking for so long? The maintenance has been lacking for about 2 years now but I'm still paying - seems the monies I'm paying are not being directed to my district. Where are these funds being diverted and should we consider this misappropriation of funds since they are supposed to only be used for maintenance in our district?
• How does a community get a new landscaping company working on the grounds? The one provided is very poor.
• What level of landscaping services should we be receiving at this point? If it wasn't for the Dallas Cowboys coming into town, our neighborhood landscaping would not have been tended to. The shrubs, trees, etc. were overgrown.
• The area between Dallas Dr and Cota alongside of Channel Islands blvd. has not been maintained unless homeowner start complaining. Homeless encampments along major entrance to our city and weeds all along Channel Islands Blvd for example, go to Camarillo along Las Posas and it's maintained throughout the city. Consider outsourcing landscaping? • Due to water issues that plague our state, why are not more water tolerant plants used around the city.
• How we can increase our maintenance to keep our landscape from dying? • Service Level B in Wingfield 52 is not being carried out, particularly in landscaped traffic round-abouts. Dead trees and shrubs, weeds more than 2 feet tall. • Why landscaping has not been maintained
• Why has the city let landscaping, grass, and trees die? • When city put in the trees past the sidewalk and the roots of trees tore up my whole drive way, ruined all my water lines and yet city said do not touch their tree and they let the trees grow till you could not park your car who pays for that? • More service re tree trimming, park clean up; weed pulling; fix sidewalks for safe walking; better service from landscaper; planting;
• Landscape maintenance in my Wingfield community - it looks bad in recent with overgrown weeds in turnabouts and along roads
• Who will take care of the landscaping and what happens when the landscaping isn’t done? 172
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17 • Why does the tree maintenance require an emergency as in a limb falling on the sidewalk or street before action is taken? Follow up to eliminate further limbs from falling is non- existent.
• Why do homeowners need to schedule tree trimming sessions for trees along the parkway that are the property of the city?
• Why do we have to call and complain about the deplorable condition of our neighborhood to get someone to come in and mow the lawn? This is not the neighborhood we were first attracted to. The bulk of the budget was clearly spent on sprucing up the River Ridge area in anticipation of the Cowboys.
• Why is our park so poorly maintained (dead trees, a play area that holds water during the rains and a grass area that isn't green but full of weeds)? • When will the City trim the palm trees?
• When will the City make safe the many sidewalks that are cracked or raised (causing a trip hazard)?
• Our city park adjacent to the elementary school is in sad repair with dead trees and weeds.
Some dead trees have been removed but stumps remain as well as more dead trees. • Why are the Green Belts not maintained? Why are the trees on Willow Creek maintained? There is no service, but we pay taxes and receive nothing in return. • Trees in Oxnard seem to be neglected. Lots of branches breaking off the coral trees, for example. When I take walks around the neighborhood there appears to be a lot of water leaks along the landscaped parkways which seem wasteful if not fixed. I've heard that some areas fell off the grid when the city requested landscaping bids, which is why some areas are not maintained well. Would like to know what is being done about it. • I would like to know if you can water all the greenbelt around California Cove, because the greenbelt on Ventura Rd behind Yearling PL is very dry and yellow. Also South Bank Park it is getting yellow again. I don't care if we have to pay a little more, we like to see and enjoy our GREEN AREAS GREEN! THANK YOU.
• Are going to give more maintenance to south bank park? It is looking abandoned! • In the area nearest the curb there is a tree that the city maintains. They never ask my permission to trim the tree. I think they should also remove the weeds and do at least a minimal amount of landscaping in that area. Right now the homeowners do what they can.
However I live on social security and it is a hardship for me to do it. So the weeds remain and nothing is done. Since the City asserts ownership over this area by maintaining the trees, it should also do the landscaping. Even minimal like rocks and low maintenance improvements.
• Why has my neighborhood landscaping turned to weeds?
• What’s the difference between my neighborhood and Del sol park? Del sol park has the sprinkler systems working every day at 6:30 am and is all green. And landscape in my area looks like some México areas, when I know we pay more in property taxes that Colonia neighborhood, even the city of Dinuba Ca with temperatures of 100 degrees, and is located 200 miles from the ocean is all green because the sprinkles really work or because simple 173
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18 they care for 29,400 people the city have. I really appreciate if are leaders in my city take care the beautiful location of Oxnard. Thank you.
• Why the bushes and trees that border Cal Lighthouse along Ventura Road (7th -9th Streets) are not trimmed properly and often enough. Bushes should be trimmed low enough for police and public to see if there are any homeless and vagrants hiding behind them. The vegetation at the corners at 7th & 9th Streets provide ideal places to hide, sleep, and congregate for vagrants, homeless, and possible illegal activity. This situation has not improved in over 25 years.
• Landscape maintenance
• Perimeter Park is deteriorating rapidly. Options need to be outline quickly. What is the timing? Hundreds use this park every day
• Why aren't city owned trees, trimmed or removed if dead. • Why isn’t the agreed landscape maintenance not being performed on Vineyard/Patterson to Gonzales Rd
• When the city is going to replace the tree at the East side of Ruby Dr.? It was put on a list Long time ago. Thank you!
• The landscaping just outside my wall is over grown and allows for the homeless to sleep and smoke meth, loiter and liter just outside my yard causing rats and possum to come around. I have called about the issue and told there was nothing that could be done. Is there a better way to report and resolve these types of issues and get better feedback instead of a closed door?
• When is our development and all walkways along Gonzales Road leading to Oxnard Blvd. going to get some attention? What an embarrassment!!! Where are the monies, we all pay annually to take care of our development going? We’d like to know. • Vineyard Ave. needs more maintenance between Oxnard Blvd and Ventura Rd. • Would like to see more maintenance of the medium divider on North Ventura road: fake grass instead of mulch.
• Why is it that contractors do a better job than city workers? Is the city sending the funds wisely?
• Why don’t the medians and the areas next to the sidewalks get maintenance on North Ventura Road from 5th street to Town Center Drive?
• The park (especially the playground) and the roundabouts in Wingfield needs refurbishment. Are there plans to make improvements?
c. Timing of Events
• How soon can we get started?
• When will Waterways Zone 1 be available?
• How and when the City waters the trees that were planted in front and the side if a corner lot residence’s property? We paid for water usage of this purposes! • Perimeter Park is deteriorating rapidly. Options need to be outline quickly. What is the timing? Hundreds use this park every day.
• When will my neighborhood be cleaned up?
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19 • When will the city improve recreational/learning opportunities for children?
d. Historical
• Why was Pacific Cove upkeep done so well and kept nice for years then suddenly the sharp decline over the past 3 years or so?
• What's changed? The neighborhoods have all gone downhill. Weeds taller than myself. • During the drought, the city reduced watering at Cabrillo park. This resulted in a significant number of trees dying. As of this date, the city has not replaced those trees. Will the city ever bring the park back to its original state?
• Why did you let our city get in its current status and where is the money?
e. Other
• Why does the city of Oxnard keep building when they cannot maintain what they already have? This city looks unkept and uncared for! It’s embarrassing to call this home even though I was born and raised here. Poorly managed!
• On the streets leading to the elementary school, please consider adding speed bumps as those parents that run late in delivering their kids to school drive too fast. • Why can’t the City of Oxnard govern and contract companies that perform? • Why were we forgotten for so long?
• Thank you for trying to help us.
• Why does the city of Oxnard keep building when they cannot maintain what they already have? This city looks un-kept and uncared for! It’s embarrassing to call this home even though I was born and raised here. Poorly managed! Why our city looks so uncared for, it’s horrible.
• What should residents pay for public park maintenance. Is it true for other public parks in Oxnard?
• Maintenance of landscaping across city - Why some areas well maintained and others not.
Trash along roadways etc. Homeless encampments and trash they build up in neighborhood parks.
• What is being done about trash pickup, watering and maintaining the green zones? Looking bad at times.
• How come the entire city of OXNARD has gone downhill! • Can we have a meeting at the park or a big poster to remind others to take the survey? Or can we get flyers to go door by door and remind our neighbors to do the survey? Some neighbors do not have computer or phone access. Just a thought. Several neighbors and I are willing to help out.
• How do get rid of landscape districts and let the home owners associations take over • General cleaning of streets and area around them: Oxnard blvd from pleasant valley to Rose Ave and from Pleasant valley to Rose Ave. It appears that this area has not been maintained for years! Also, homeless people camp out in this area adding to the poor conditions leaving behind so much trash.
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20 • Living in this area for 14 years and not once have I seen a street cleaning vehicle or road crew cleaning up around Pacific Pointe and Butler road!!! • Why is such a low priority given to landscape maintenance? • How to combat the trash problem, weeds are out of control, street racing + loud exhaust noises, fireworks and ‘bomb’ noises.
• What are the boundaries of my LMD #50?
• When I have a concern about my LMD landscaping who do l address it to? • Why are my LMD tax assessments different each year?
• Can Harbour Island take over the Linear Park with a lease option?
3.4 Prioritization Based on Representation, Interests, Engagement and Location The City desires to implement an ongoing collaborative process leading to the implementation of viable and sustainable solutions based on the interests and representation identified through the assessment and survey. As identified, interests and levels of participation by neighborhood vary; thus, it becomes necessary to prioritize and customize the collaborative effort for each neighborhood. Each neighborhood will move along the spectrum of collaborative governance as its own pace and based on its own needs.
Below is our initial proposal for Phase 1 neighborhoods grouped with other neighborhoods to maximize consolidation of efforts and economies of scale while considering representation, interests, direct engagement and geographical location.
Group 1 (Phase 1) Neighborhoods (Could Batch Groups 1, 2 and 3) • California Cove LMD 14
• Greystone LMD 23
• Le Village LMD 13
• St. Tropez LMD 11
• Vineyards LMD 24
Group 2 (Phase 1) Neighborhoods (Could Batch Groups 1, 2, and 3) • Country Club Estates LMD 10
• River Ridge LMD 3
• Standard Pacific LMD 12
• Victoria Estates LMD 48 (Dissolved)
• Meadowcrest Villas LMD 54
Group 3 (Phase 1) Neighborhoods
• Pacific Cove LMD 41
• Non-LMD Community Next to Pacific Cove (same median and perimeter) • Pacific Pointe (Pleasant Valley Senior Housing) LMD 50
Group 4 (Phase 1) Neighborhoods (Could Batch Groups 4 and 5) • California Lighthouse LMD 16
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21 • Pacific Breeze LMD 37
• The Pointe LMD 25
• Wingfield LMD 52
• Wingfield West LMD 55 (not included in the survey)
Group 5 (Phase 1) Neighborhoods (Could Batch Groups 4 and 5) • Harbour Island Waterways Zone 2 (pending funding)
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22 PARTICIPATION
Stakeholders that are impacted directly or indirectly must be part of the process as Participants.
Participants may include City staff, City Council members, residents, property owners (when as landlords), community groups (such as homeowners associations or others), consultants for technical support, and any other affected parties. Participants make up the neighborhood Committees.
4.1 Neighborhood Committees
Each neighborhood will have a Committee with the following Participants:
1. Residents and property owners of specific neighborhood.
2. Homeowners Association of specific neighborhood, if applicable.
3. City Special Districts Division as the Sponsor.
a. Jeri Cooper, Project Manager.
4. City Manager’s Office.
a. Luly Lopez, Assistant to City Manager.
5. City Council member for the applicable electoral district as Convener, if available.
6. City Attorney’s Office, as needed.
7. CivicMic as Facilitator.
a. Pablo Perez
b. Danielle Wood
8. Consultants for technical support, as needed.
a. NBS
4.2 Decision-Making
The Committee will operate by consensus. There must be no dissent by any member for the Committee to be considered as having achieved consensus; thus, no member can be outvoted. Members should not block or withhold consensus unless they have serious reservations about the solution that is proposed for consensus. Absence will be equivalent to not dissenting. All consensus agreements reached during meetings are assumed to be tentative until members of the Committee agree to make them final agreements.
4.3 City’s Commitment
The City is committed to the collaborative efforts of each Committee. The City seeks consensus recommendations from Participants and will share responsibility in decision-making and implementation.
The City will accept the final agreements made in the collaborative processes and is committed along with the Participants to implementation for the fulfillment of the Mission Statement. 178
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23 The City agrees to the following special responsibilities during the collaborative efforts:
1. The City will set a tone of collaboration by modeling good listening skills, being willing to collaborate, and acting in good faith.
2. The City will provide the Committee with information as needed.
3. The City will work with the Committee to find mutually acceptable solutions.
4. The City will keep the Committee informed about the City’s interests and views.
5. The City will keep its leadership updated on progress made by the Committee, including discussing any tentative agreements to bring suggested changes back to the Committee.
6. The City will work to implement the needed actions from the final agreement, monitor results and adapt for desired results.
4.4 Convener’s Commitment
The Convener, if applicable, is committed to the collaborative efforts of each Committee. The Convener agrees to the following special responsibilities during the collaborative efforts:
1. The Convener is committed to getting people involved in finding effective solutions together.
2. The Convener will be impartial and will not seek to impose his/her own solutions.
3. The Convener will aid the Facilitator in having Participants talk to each other.
4. The Convener will listen and ask questions to help Participants make progress and continue to work together.
5. The Convener will demonstrate ongoing commitment to the collaborative process.
4.5 CivicMic’s Commitment
CivicMic as the Facilitator is committed to the collaborative efforts of each Committee. CivicMic agrees to the following special responsibilities during the collaborative efforts:
1. CivicMic will conduct assessments, surveys, and gather information.
2. CivicMic will foster a climate for collaboration gathering and preparing parties to participate.
3. CivicMic will manage logistics.
4. CivicMic will design, organize and facilitate meetings and the process.
5. CivicMic will prepare an Agenda and take notes for each meeting.
6. CivicMic will run the meetings and flow of information.
7. Upon conclusion of the process, CivicMic will stay on to coordinate implementation and ongoing management to ensure sustainable long-term solutions.
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24 4.6 Agreement
1. The goal of each Committee is to develop an agreement of actionable items that reflect a final consensus by the Committee and that if successfully implemented, is expected to fulfill the Mission Statement.
2. If the Committee reaches a final consensus on all issues, but specific, actionable items are dependent on or subject to approval by the registered voters and/or property owners, then the Committee shall collect and provide the City with signed petitions (by registered voters and/or property owners as applicable) supporting the specific, actionable items before the City initiates the formal proceedings for consideration by the registered voters and/or property owners. The City will not be able to implement these specific, actionable items without lawful approval.
3. If the Committee reaches a final consensus on all issues, but specific, actionable items are subject to approval by City Council and/or other administrative/legal entity, then the Committee shall be instrumental in supporting the effort to obtain such approval before the specific actionable items can be implemented. The City will not be able to implement these specific, actionable items without proper approval.
4. Unless otherwise agreed upon at the close of the meetings, Committee members will refrain from commenting negatively on the consensus-based language and the collaborative process.
5. The City will not alter the consensus language of the agreement unless such substantive changes are required by law or for special administrative reasons. If the City makes such changes, the City will identify the changes made subsequent to consensus and allow the Committee to comment positively or negatively on those changes.
4.7 Committee Meetings
1. The Committee meetings will be guided by the principles of collaborative governance:
a. Transparency and accountability. Discussions should take place in public view. When agreements are reached, mechanisms must exist to ensure that parties follow through on their commitments.
b. Equity and inclusiveness. Diverse interests and all who are needed to work on the issue must be present or represented.
c. Effectiveness and efficiency. Good processes must be designed to produce outcomes that make practical sense.
d. Responsiveness. Public concerns need to be authentically addressed. e. Forum neutrality. The process should be conducted impartially, in an atmosphere in which participants share responsibility for setting ground rules and generating outcomes. f. Consensus-based decision-making. Consensus is the desired way of making decisions in collaborative processes. A consensus agreement is usually a package of small agreements.
Participants probably have varying levels of enthusiasm and support for each component, but they can accept the overall package as a course of action. 180
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25 2. Meetings will be announced through the CivicMic website and direct email prior to the meeting, to the extent that time permits, and will be open to the public. Members of the public (not in the Committee) will be permitted to file written comments on Committee proceedings. Brief opportunities for oral public comments will be provided at each meeting. The time and manner of such comments shall be as determined by CivicMic.
3. Summaries of Committee meetings will be provided by CivicMic and, after review and approval by the Committee, will be made available through the CivicMic website.
4. Meetings for the purposes of consultation may be requested of CivicMic at any time by any member of the Committee.
5. CivicMic will be responsible for developing an agenda for all meetings of the Committee. This agenda will be developed in consultation with members of the Committee.
4.8 Guidelines for Participation
1. Participation must be voluntary.
2. Participants must share responsibility for both process and outcome.
3. Only one participant speaks at a time.
4. Participants must express their own views not of others.
5. Participants must listen carefully and be open-minded.
6. Participants must not make personal attacks.
7. Participants must stay on track (no grandstanding).
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26 WORK PLAN
An initial work plan and approach has been developed based on feedback received through the assessment and survey to get the collaborative process started. However, a real work plan, approach and timeline will be created for each neighborhood based on discussions and agreements made at the on-site Committee meetings.
5.1 Initial Timeline and Approach
Below is the initial timeline and approach outlining the stages of the process and subject to change.
Date Activity Anticipated Outcome
July to August
2019
Research state of public improvements and
feedback received by the City, determine
candidate neighborhoods, perform
assessment, release survey, make initial
contact with residents and property owners,
gather data, and start creating and releasing
information through the CivicMic website.
Start engaging Participants and
build a contacts list for ongoing
communications throughout the
process.
September to
October 2019
Continue survey, research questions from
responses to the survey, post answers
through the CivicMic website and share
directly via email and create this report.
Continue to engage Participants
and gather information to
prioritize and plan efforts,
including the scheduling of on-
site Committee meetings.
October 2019 to
May 2020
Efforts placed on hold pending approval of
third amendment to NBS contract.
None.
June to August
2020
Project kick-off meeting, approach design
and preparation
CivicMic and City to agree on
approach and prepare to
commence community
meetings.
August to
November 2020
Initial round of Committee meetings
(organizational meeting) for phase 1
neighborhoods to review mission statement,
scope, ground rules, determine special
considerations, and better define issues,
interests, needs, approach, and timeline.
Updated mission statement,
scope, ground rules, work plan
and timeline for each
neighborhood.
December 2020 Research and gather information to provide answers and address needs for the next
round of Committee meetings.
Preparation for next round of
Committee meetings.
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27 January to
February 2020
Second round of Committee meetings for
phase 1 neighborhoods to review answers,
identify further questions, discuss various
scenarios, and possibly reach agreement on
an initial list of solutions.
Depending on outcomes: Draft
Agreement for review and
approval; research needed for
additional meetings; or re-
prioritize neighborhoods.
5.2 Special Considerations
The initial round of Committee meetings may yield procedural matters that require special consideration.
Below is a sample list of procedures that may need special consideration.
1. What information do Participants need before the process can begin in earnest?
2. What procedures are necessary to ensure CivicMic functions as the clearinghouse for all the information?
3. Will some Participants need more help understanding information than others?
4. How will confidential information, if any, be protected?
5. What information is missing? Can the process continue without it?
6. How will information be communicated to people not at the table?
7. Are there any special considerations as to date, time, and location of Committee meetings? For example
a. Is the location comfortable (good seats and proper lighting)? b. Are there wall spaces for notes and flip charts?
c. Is the location accessible?
d. Is it easy to reach via public transit?
e. Is there a need for an interpreter or material in other languages?
5.3 Conducting Meetings
1. Discussions will focus on interests not on positions.
2. Discussing interests, concerns and needs will be encouraged.
3. Issues will be addressed for joint problem solving as “how can we.”
4. Brainstorming will occur in a large group setting to accommodate all interests.
5. Discussing options for mutual gain and insisting on objective criteria for choosing among the options will be encouraged.
6. Fact finding teams may be created to research and reach agreement on a specific issue and ideas.
7. Small groups may develop proposals to share.
8. The Committee will seek assistance from technical experts when needed. 183
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28 9. Ideas will be evaluated by the City to make sure they are viable and can be implemented. The City shall evaluate ideas in a timely manner.
10. A set of criteria, approved by the Committee, will be used to evaluate options before they become part of a draft agreement.
11. The draft agreement will be updated as needed and tested for consensus. a. Wholeheartedly agree with it.
b. Support it.
c. Live with it.
d. Have reservations.
e. Serious concerns.
f. Reject it.
12. A final agreement will be developed to be signed by all Committee members.
13. The final agreement will include agreed upon solutions, a timeline, an implementation action plan, how resources will be allocated, contingencies, oversight responsibilities, and provisions, for an advisory committee and ongoing adaptive management of the plan.
5.4 Citizens’ Advisory Committee and Adaptive Management Plan The final agreement will propose the creation of a citizens’ advisory committee and an adaptive management plan to ensure agreed-upon solutions are implemented, monitored, and adjusted to ensure desired outcomes. The advisory committee meetings and adaptive management plan cycle will continue as needed to ensure the viability and sustainability of the agreement and the public improvements. The cycle repeats annually resulting in updates to the implementation action plan, budgets, and funding solutions, as needed. The adaptive management plan will include the following:
1. Problem assessment.
2. Final agreement resulting from the Committee meetings.
3. Forecasted results based on agreement’s implementation action plan.
4. Monitoring program.
5. Evaluation of monitoring results vs. forecasted outcomes.
6. Adjustments.
7. Re-implementation for next cycle.
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IMPLEMENTATION ACTION PLAN (IAP)
The following action plan provides a breakdown of deliverables and anticipated due dates. Each deliverable is categorized by the type of public engagement concept.
Recommendation Steps Estimated
Timeline
Lead
Staff Project Status
Inform Community
about Assessment
Districts, funding options
and the public
engagement process
General/Educational/Foundation for Program (All Districts) • Review state of public
improvements, previous findings
reports, and feedback received by
the City, determine candidate
neighborhoods
5/2019 NBS Complete
• Create the Civicmic.com webpage
for each engaged community. 6/2019 NBS Complete
• Create Facebook, Instagram and
Twitter pages for the City’s
Maintenance Assessment Districts.
6/2019 NBS Complete
• Share background information on
Landscape Maintenance Districts
including the formation process,
service level details and the 2019
budget information to webpages
and social media sites.
6/2019 NBS Complete
• Create a link on the City’s webpage
dedicated to public engagement for
the City’s Maintenance Assessment
Districts.
7/2019 NBS Complete
• Create and mail 1st postcard
announcing the 1stsurvey to focused
communities.
9/2019 NBS Complete
• Develop a preliminary timeline for
community outreach efforts and
share it to webpages and social
media sites.
9/2019 NBS Complete
• Share and answer questions from
survey responses on webpages and
social media sites.
10/2019 NBS/City Complete
• Share Special District Division
staffing updates on webpages and
social media sites.
10/2019 NBS Complete
• Share maintenance calendar, CFD
formation steps, updates regarding
COIVD-19 on webpages and social
media sites.
3/2020 NBS Complete
• Create and mail 3rd mailing
announcing the Introduction to
ReNew Oxnard Program (1st
Community Meeting)
9/2020 NBS
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Special Districts Division 30
• Host the Introduction to ReNew
Oxnard Program (1st Community
Meeting)
10/2020 NBS/City
Staff
• Share recorded meeting to
webpages and social media sites. 10/2020 NBS
District Specific Outreach (Individual Districts)
• Create a CivicMic.com page for
each neighborhood. 7/2020 NBS Complete
• Share 2020 budget information for
each engaged landscape
maintenance district.
7/2020 NBS Complete
• Design and prepare a public
informational mailer to educate
property owners about the ReNew
Oxnard Program and encourage
participation in upcoming meetings.
8/2020 NBS Complete
• Create and mail 4th mailing
announcing the second survey. This
survey will be community-specific
and include an assessment of
residents discussed in Section 3.2.
11/2020 NBS
• Share and answer questions from
community-specific survey
responses on webpages and social
media sites.
11/2020 NBS
• Create and mail 5th mailing
announcing community-specific
meeting (2nd Meeting).
12/2020 NBS
• Share recorded community-specific
meeting to webpages and social
media sites.
1/2021 NBS
• Share answers to questions from
community-specific meetings to
webpages and social media sites.
Content should focus on improved
or changed landscaping, levels of
maintenance, or funding options.
1/2021 NBS
• Share next steps including more
engagement efforts and or
implementation efforts to
webpages and social media sites.
3/2021 NBS
Recommendation Steps Estimated
Timeline
Lead
Staff Project Status
Consult community to
understand priorities
and concerns for each
community
• Create 1st survey to focused
communities to determine general
priorities for improvements and
common concerns.
9/2019 NBS Complete
• Communicate with residents about
the ReNew Oxnard program via 9/2020 NBS
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City of Oxnard
Special Districts Division 31
phone, social media, Civicmic.com
and email.
• Create community-specific surveys
(2nd survey) to get an assessment of
residents discussed in section 3.2 and
to get detailed feedback on
improvements and common
concerns.
10/2020 NBS
• Host a polling event at the
community-specific meeting to
determine if concerns from the
surveys have been prioritized
correctly.
1/2021 NBS
Recommendation Steps Estimated
Timeline
Lead
Staff Project Status
Engage community
members to develop
solutions for improved
maintenance
• Communicate with residents about
the Introduction Meeting via phone,
social media, Civicmic.com and email
after the Introduction meeting.
10/2020 NBS
• Host community-specific meeting
(2nd Community Meeting) to discuss
priorities of the community.
1/2021 NBS/City
Staff
Recommendation Steps Estimated
Timeline
Lead
Staff Project Status
Collaborate with
community members to
maintain effective
programs
• Request input on the implementation
plan created from prior engagement
activities.
2/2021 NBS
• Creation of advisory committee to
assist with additional engagement
efforts and implementation of agreed
upon solutions.
3/2021 NBS
Recommendation Steps Estimated
Timeline
Lead
Staff Project Status
Update staff, council
members and
advisory/steering
committee
• Analyze survey results, available
funding and need for change to
service levels or improvements to
determine communities in need of
expanded public engagement efforts.
10/2019 NBS Complete
• Create a detailed Collaborative
Governance Guide that outlines
feasibility assessment, survey
findings, standards for participation,
and work plan.
10/2019 NBS Complete
• Update Collaborative Governance
Guide to include Implementation
Action Plan.
9/2020 NBS Complete
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City of Oxnard
Special Districts Division 32
• Present Collaborative Governance
Guide to City Council along with the
Implementation Action Plan.
9/2020 City Staff
• Host dry run Introduction to ReNew
Oxnard Program (1st Community
Meeting)
10/2020 City/NBS
• Host dry run community-specific
meeting (2nd Community Meeting) 1/2021 City/NBS
• Document recommendations for
next steps to review with City staff
that will allow for the creation of an
implementation plan.
2/2021 NBS
• Update City Council with progress to
date and outline next steps in the
engagement efforts or
implementation plan.
3/2021 NBS/City
Staff
188
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)
CITY OF OXNARD ASSESSMENT DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:
Geographic Information Systems Division
January 2022
Data Source:
City of Oxnard GIS Division
County of Ventura GIS Program
189
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island
MAINTENANCE ASSESSMENT DISTRICT
WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony
LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS
COMMUNITY FACILITIES DISTRICTS
190
APPROVAL OF FIFTH AMENDMENT TO
AGREEMENT A-7950 WITH NBS
GOVERNMENT FINANCE GROUP FOR
ASSESSMENT DISTRICT CONSULTING
SERVICES
Public Works and Transportation Committee
February 22, 2022
Eric L. Storrie
Special Districts Manager
191
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute a Fifth Amendment to Agreement A-7950
with NBS Government Finance Group (NBS) in the amount of $380,200 and a total not-to-exceed amount of $1,503,965 and extending the term to June 30, 2023 with the option of two additional one-year extensions for ongoing administrative services, community outreach for Landscape Maintenance
Districts (LMDs), on-call formation services of Community Facilities Districts (CFDs).
RECOMMENDATION 2
192
MAP OF ASSESSMENT DISTRICTS IN THE CITY OF OXNARD 3
More information can be
found at:
oxnard.org/city-
department/finance/spec
ial-assessment-districts/
193
• NBS specializes in California special financing district administration services such as database development, budget preparation, assessment computation, analysis, & engineer reports
• In February 2017, the City & NBS entered into Agreement No. A-7950 for consulting services & has since been amended 4 times:
BACKGROUND 4
Date Type Not-to-Exceed Amount Expiration
February 7, 2017 Agreement $166,700 June 30, 2018
May 22, 2018 1st Amendment $501,115 May 31, 2021
January 3, 2019 2nd Amendment N/A N/A
June 2, 2020 3rd Amendment $1,010,765 June 30, 2022
February 2, 2021 4th Amendment $1,123,765 June 30, 2022 March 15, 2022 5th Amendment $1,503,965 June 30, 2023
194
• In Summer 2019, NBS began community outreach efforts to underfunded and utility-capped LMDs
• Online surveys and phone calls to HOAs and residents led to the development of the Collaborative Governance Guide for Special Districts
• The goals of this Guide are to inform, consult, educate, and collaborate with stakeholders on what services are desired and improved ways to reach collaborative governance.
Reformation as a CFD is just one of many options for the residents to consider.
• Nine (9) of the 27 LMDs were engaged
BACKGROUND 5
195
• Fifth Amendment for additional $380,200 to the NBS
agreement includes:
• Focused Community Outreach - alternatives to LMDs
• CFD Formation – community outreach and bonding
services
• Services for continuing and on-call budget development support
• Extends term through June 30, 2023, with two (2) one- year extensions
DISCUSSION 6
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FINANCIAL IMPACT 7
• The Fifth Amendment is $380,200 in FY 2022-23, with a not to exceed amount of $1,503,965.
• The one-year extensions (FY 2023-24 and FY 2024-25) are $313,212 and $187,156 respectively.
• Future funding will be requested during the annual
budgeting process
197
QUESTIONS
8 198
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.3
DATE: February 22, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement A-8431 with Executive Facilities Services, Inc. for Custodial Services at Various City Locations. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the:
1. Mayor to execute Agreement A-8431 with Executive Facilities Services, Inc., for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount over the entire possible contract term of $735,000 to provide custodial services for the Water Campus, Blending Stations 3, 4 and 5, Wastewater Treatment Plant, Advanced Water Purification Facility (AWPF) and Del Norte Regional Recycling and Transfer Station (Del Norte); and
2. Purchasing Agent to execute amendments to extend the term of Agreement A-8431 up to a total maximum term of three (3) years.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2qNSCJWdab8
BACKGROUND
Currently, there are seven utility facilities, at a total of 66,600 square feet, that are not serviced by the City’s custodial staff and have been contracted out over the past 18 years to several companies following competitive solicitations. Typically, the City enters into custodial agreements for 2-3 years at a time to ensure the most competitive rates for the size of the agency.
Due to staffing levels, the City has been outsourcing custodial services for these facilities which delivers a full complement of services, including rubbish disposal, anti-bacterial agents, vacuuming, drain clearing, floor waxing, dusting, window cleaning, polishing and thorough break and restroom sanitation. In addition, the vendor provides all cleaning supplies and provisions.
DISCUSSION
On October 5, 2021, the City issued a formal Request for Proposal (RFP) PW 22-40 for custodial cleaning services at the following utility facilities: Water Campus, Blending Stations 3, 4, and 5, Oxnard Wastewater Treatment Plant (OWTP), Advanced Water Purification Facility (AWPF) and Del Norte Regional Recycling 199
and Transfer Station (Del Norte). A mandatory walk-through of all facilities was conducted on October 20, 2021 and the RFP closed on November 4, 2021. The City received seven proposals and all were reviewed by four staff members consisting of the Material Recovery Facility Manager, Water Operations Manager, AWPF Operations Manager and Management Analyst.
Executive Facilities Services, Inc. was selected through the awarding process, pursuant to the process outlined in the Oxnard Municipal Code. Executive Facilities Services, Inc. was selected based upon meeting lowest bid criteria and supporting documentation supporting the required service levels. The RFP includes the site- specific custodial service requirements to ensure each individual location has the required level of service. Staff has confirmed that Executive Facilities Services, Inc. meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.
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
The total cost for this agreement with Executive Facilities Services, Inc. shall not exceed $735,000 through April 15, 2025, if extended. Services are provided to the Water, Wastewater, and Environmental Resources utility divisions and will commence April 16, 2022. Sufficient funds are available in each respective operating budget for Fiscal Year 2021/22. Funding for future years will be included in the proposed operating budgets for City Council’s consideration.
No General Fund money will be used for this Agreement. The following table shows the estimated spending plan for each utility division. There is an estimated 5% inflation increase factored starting in FY 2023-24. “As- needed” costs are estimated within the Agreement to address additional one-time services that may be requested.
Fund Account FY 21-22
3.5 months
FY 22-23
12 months
FY 23-24
12 months
FY 24-25
8.5 months
TOTAL
Water 601-6010-842-8209 $21,000 $70,000 $73,500 $52,000 $216,500 Wastewater 621-6205-842-8209 $19,000 $65,000 $68,500 $48,500 $201,000 AWPF 601-6012-842-8209 $12,000 $40,000 $42,000 $30,000 $124,000 Del Norte 631-6301-842-8209 $12,000 $40,000 $42,000 $30,000 $124,000 As-Needed Various $7,000 $22,500 $23,000 $17,000
$69,500
Total $71,000 $237,500 $249,000 $177,500 $735,000
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Prepared by: Omar Castro, Water Division Manager, Jan Hauser, Wastewater Division Manager, Todd Vasquez-Housley, Environmental Resources Division Manager
ATTACHMENTS
1. Executive Facilities - A-8431
2. Presentation
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Agreement No. A-8431
AGREEMENT FOR TRADE SERVICES
COVER PAGE
(1) Agreement Start Date: April 16, 2022
(2) Vendor: Executive Facilities Services, Inc.
(3) Services: Custodial services for various City locations (4) Schedule of Services: Services to be completed through April 15, 2025 if extended (5) Agreement Ending Date: April 15, 2023 subject to renewal for up to two (2) consecutive one (1) year terms upon the written agreement of b oth parties for a maximum total contract term of three (3) years (6) Total Agreement Amount: Not to Exceed $735,000
(7) City’s Project Manager: Brian Yanez, Assistant Public Works Director (8) Vendor’s Project Manager: RJ Storm-Larsen, Director of Business Development (9) Insurance Coverage: INS-B
(10) What wages are required for this Project?
☒ Livin g wage but not prevailing wages, in which case: Section 20(a) through (d) and the Living Wage Policy Exhibit are incorporated and are required; but Section 20(e) and the Prevailing Wage Exhibit are not incorporated and are not required.
☐ Prev ailing wages but not living wage, in which case: Section 20(e) and the Prevailing Wages Exhibit are incorporated and are required; but Section 20(a) through (d) and the Living Wage Policy Exhibit are not incorporated and are not required.
☐ Both l iving wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neit her living wage nor prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are not incorporated and are not required. (11) Addresses for Notice:
FOR VENDOR: FOR CITY:
PO Box 1700 305 West Third Street, East Wing, Third Floor Riverside, CA 92504 Oxnard, CA 93030
Attn: RJ Storm-Larsen, Director of Attn: Brian Yanez, Assistant Public Works Director Business Development
(12) Con
tact Emails:
VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] brian
[email protected]
The Ag
reement for Trade Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☒ Scope o f Services Exhibit ☒ Livin g Wage Policy Exhibit ☒ Rates and Costs Exhibit ☐ Prev ailing Wages Exhibit
☐ Schedu le of Services Exhibit ☒ Insura nce Exhibit (INS-B)
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AGREEMENT FOR TRADE SERVICES
T
HIS AGREEMENT FOR TRADE SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Vendor” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Vendor shall provide to City the services listed as “(3) Services” on the Cover Pag e (the “Services”). Vendor shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.
2. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
3. Compensation . For the Services performed during the term of this Agreement, City shall pay Vendor an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in th e Ra
tes and Costs Exhibit shall be in effect through the end of this Agreement unless otherwise stated therein.
4. Invoices. Vendor shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
5. Most Favored Nation . Throughout the term of the Agreement, in the event Vendor provides the Services having terms more favorable than this Agreement to any person or entity other than City, Vendor shall notify City within 10 calendar days of signing the other contract, or if t here is no other contract, of finalizing that deal or providing any services, whichever occurs first in time. In that notice, Vendor shall offer City to amend this Agreement to reflect such more favorable terms into this Agreement without any contingency t o amend any other provision of this Agreement.
6. Acceptance of Payment. Vendor’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Vendor for anything completed , f
inished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Vendor 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 Vendor and its employees, agents and subcontractors. Vendor 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 Vendor or materials or products provided to City by Vendor, Vendor shall pay the sales tax. City shall not reimburse Vendor for sales taxes paid by Vendor.
7. Non-binding Terms. Any terms and conditions that are typed, printed, or otherwise included in a ny Vendor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties.
No su ch term or condition shall be binding upon City, and no action by City (including, without limitation, the payment of any such invoice in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or condition has been previously agreed to by Vendor and City in this Agreement or in a binding amendment thereto.
8. Non-Appropriation of Funds. Payments to be made to Vendor 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 th e
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conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
9. Coordination of Services . The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager or Department Director. Vendor hereby designates the person in the position listed in “(8) Vendor’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Vendor.
10. Personnel. Vendor represents that it has or shall secure at its own expense all personnel required to perform the Services. Vendor shall make reasonable efforts to maintain the continuity of Vendor’s staff who are assigned to perform th e Services. Vendor may associate with or employ associates or subcontractors in th e p
erformance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of provi ding the Services. Should any of Vendor’s employees, assigns or subcontractors not conduct him - or herself appropriately, as determined by the City’s Project Manager, in th e p
rocess of providing the Services or any portion thereof, the City’s Project Manag er may notify the Vendor’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.
11. Additional Work . City may request additional specified work under this Agreement. The C ity’s Project Manager must authorize all such work in writing before commencement. Vendor shall perform such work, and City shall pay for such additional work, in accordance with the Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Vendor shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Vendor for any work that does not fall under a rate or cost listed i n the Rates and Costs Exhibit, and for which Vendor did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Advertising and Publicity . Vendor 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.
13. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Vendor in preparing its billings to City as a condition precedent to any payment to Vendor; or for other purposes relating to the Agreement. Vendor will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Vendor for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Vendor 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. Vendor shall maint ain 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. Vendor shall include a copy of this Section in all contracts with its subcontractors, and Vendor 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.
14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 calendar days’ prior written notice. Such termination shall be effective on the date specified in th e n
otice, or if no date is specified, then 15 calendar days from the date of the notice. Vendor may terminate this Agreement at any time, with or without cause and without penalty, upon 30 calendar days’ prior written notice. Suc h te
rmination shall be effective on the date specified in the notice, or if no date is specified, then 30 calendar days from the date of notice and only if all assignments accepted by Vendor have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of perfo rmance b
y Vendor, City shall pay Vendor compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Vendor receive an amount exceeding that which would have been paid to Vendor for
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the full performance of the Services. If City pays for any materials, City shall be entitled to the title and possession of such.
15. Hold Harmless, Defense and Indemnity.
T
o the fullest extent permitted by law, Vendor shall immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with Vendor’s performance of this Agreement or Vendor’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Vendor’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section 15 are the result of the sole active negligence or sole willful miscondu ct of any of the Indemnitees.
a. T
he duty to defend is a separate and distinct obligation from Vendor’s duty to indemnify.
Vendor shall be obligated to defend in all legal, equitable, administrative, or special proceedings with counsel approved by the Cit y Attorney immediately upon tender to Vendor of the claim in any form or at any stage of a n a
ction or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve Vendor from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent def ense counsel if Vendor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, Vendor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs. b. T
he review, acceptance or approval of Vendor’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Vendor’s indemnification or defense obligations. This Section 15 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 15 shall not be restricted by and do not affect the provisions of this Agreement relating to insurance.
16. Insurance. Vendor shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverages.
Such insurance must be issued by a company satisfactory to the Risk Manager. Vendor shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Mainte nance of insurance coverages by Vendor is a material element of this Agreement. Vendor’s failure to maintain or renew insurance coverages or to provide renewal evidence may be considered a material breach of this Agreement.
17. Documents and Materials.
a. A
ll final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Ven dor pursuant to this Agreement (“Documents and Materials”) shall be the property without restriction or limitation upon its use, duplication or dissemination by the City. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Vendor shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Vendor hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 17.
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b. Vendor shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Vendor shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expen se to the City. In both situations, if Vendor prepares Documents and Materials on a computer, Vendor shall provide City with sai d D
ocuments and Materials both in a printed format and in an electronic format that is acceptable to the City. Vendor may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination these Documents and Materials for any purpose other than for the Services provided t o th
e City pursuant to this Agreement.
c. A
ny subs tantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of uncompleted Documents and Materials, without the written consent of Vendor, shall be at City’s sole risk and without liability or legal exposure to Vendor. d. V
endor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Se rvices and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Vendor shall defend, indemnify and hold Indemnitees harmless from any loss, clai m or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents an d
M
aterials so that they become non -infringing while remaining in com pliance with the requirements of this Agreement.
e. T
his Section 17 shall survive the termination of this Agreement.
18. Confidentiality of Information.
a. F
or the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, model s, inventions, processes, apparatus, equipment, algorithms, software programs, softwar e s
ource documents, and formulas; or (ii) non -technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Vendor or is developed by Ve ndor in whole or in part at the City’s expense.
b. A
ll Documents and Materials shall be considered Confidential Information and shall not b e r
eproduced, transmitted, disclosed or used by the Vendor without the written consent of the City, except as may be necessary for Vendor to fulfill its obligations to the City. c. N
otwithstanding the above, these limitations shall not apply to information that (i) is already known to Vendor at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Vendor, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Vendor and has no relation to this Agreement, or (iv) is required by law, court order, court -issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Vendor shall immediately provide City with written notice
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and a reasonable opportunity f or City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
d. Vendor shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Vendor. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. 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 Vendor in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 18 shall survive the termination of this Agreement.
19. Independent Contractor . Vendor 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 Vendor or any of its employees, except as stated in this Agreement. Vendor has and shall retain the right to exercise full control over the employment, direc tion, means of performance, location, compensation and discharge of all persons assisting Vendor, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Vendor from rendering any services for Vendor’s own account or to any other person or entity as Vendor in its sole discretion s hall determine; provided, however, that performing such services shall not materially interfere with the Services Vendor shall perform for the City. Except as City’s Project Manager specifies in writing, Vendor and its employees and agents have no authorit y, 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. Vendor and its employees are not employees of City. Vend or 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. Vendor shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Vendor shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Vendor’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer -employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Vendor under this Agreement any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
20. Wages. If the first option is selected in response to (10) on the Cover Page and, thus, the payment of living wage is required, only this paragraph and subsections (a) through (d) of this Section 20 shall apply. If the second option is selected in response to (10) on the Cover Page and, thus, the payment of prevailing wages (and related Labor Code provisions) is required, only this paragraph and subsection (e) of this Section 20 shall apply. If the third option is selected in response to (10) on the Cover Page and, thus, both the payment of living wage and prevailing wages (and related Labor Code provisions) is required, this paragraph and subsections (a) through (e) shall apply, meaning Vendor shall compensate all of its employees providing services to City in accordance with both the City’s Living Wage Policy and State -required pre vailing wages. In the event of a conflict between the City’s Living Wage Policy and State -required prevailing wages, the higher of the two shall prevail. If the fourth option is selected in response to (10) on the Cover Page and, thus, neither the payment of living wage nor prevailing wages (and related Labor Code provisions) is required, no part of this Section 20 shall apply.
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If either the first or third option is selected in response to (10) on the Cover Page, Vendor shall compensate any employee of Vendor who provides Services to the City under this Agreement in accordance with the Living Wage Policy Exhibit, which is attached hereto and incorporated herein by this reference. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, 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, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year. a. V
endor 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. I
f Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. I
n addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of thr ee t
imes the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
d. I
f either the second or third option is selected in response to (10) on th e Cover Page, in accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The Vendor shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director and are available to any interested party upon request. The Vendor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at the job site. The Vendor shall comply with all provisions of the Prevailing Wage Exhibit, which is attached hereto and incorporated herein by this reference.
21. Nondiscriminatory Employment. Vendor 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, s exual orientation, age, immigration status, citizenship or military and veteran status. Vendor understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Vendor s hall be responsible for such subcontractor’s compliance with this Section.
22. Vendor’s Representations . Vendor represents, covenants and guarantees that: a) Vendor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Vendor’s full performance under this Agreement; c) to the ext ent required by the standard of practice, Vendor has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
23. Compliance with Laws . In performing the Services under this Agreement, Vendor shall comply with all applicable laws, ordinances and regulations. Before performing the Services under this Agreement, Vendor shall obtain all required licenses and permits, including a City business tax certificate.
24. Conflict of Interest. If, in performing the Services set forth in this Agreement, Vendor makes, or participates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Vendor shall be subject to City's
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conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Vendor’s personnel providing the Services set forth in this Agreement. Furthermore, Vendor shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Vendor “financially interested,” as provided in California Govern ment Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Vendor has been retained pursuant to this Agreement.
25. Fictitious Name. If Vendor has a fictitious name, Vendor shall submit to City a new Fictitious Business Name Statement approved by any California county before Vendor’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
26. Non-Assignability. Vendor shall not as sign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for an y r
eason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Vendor shall hold harmless, defend and indemnify Indemnitees regarding all Claims arising from or relating to any unauthorized assignment.
27. Protection of Services. Vendor shall continuously maintain adequate protecti on of all of Vendor’s work from damage and shall protect the City’s property from any and all injury or loss arising in connection with this Agreement. Vendor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to any premises where the Services are being performed.
28. Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Vendor.
29. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
30. Titles. The titles used in this Agreement are for convenience only and shall in no w ay define, limit or describe the scope or intent of this Agreement or any part of it.
31. Force Majeure. Neither City nor Vendor shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shal l include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
32. Authority. Any person executing this Agreement on behalf of Vendor warrants and represents that s/he has the authority to execute this A greement on behalf of Vendor and to bind it to the performance of these obligations.
33. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.
34. Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance for the enforcement of this Agreement, and temporary and permanent injunctive relief.
35. Integration; Amendment . This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Vendor regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
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36. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of constru ction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
37. No Waiver . Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
38. Attorneys’ Fees . The prevailing party shall be entitled to recover reasonable costs, att orneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, includin g in
vestigation fees and expert witness fees, in addition to any other relieve to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.
39. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received —on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) on the third busi ness day following deposit in the United States mail, postage prepaid—to the addresses listed as “(11) Addresses for Notice” on the Cover Page or to such other address as one party may notify the other in writing.
40. Counterparts . This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement.
A signed copy of this Agreement transmitted by email to either of City or Vendor’s Pro ject Managers’ emails listed in “(12) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
41. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
[
Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.
CI
TY OF OXNARD EXECUTIVE FACILITIES SERVICES, INC.
☒ J ohn C. Zaragoza, Mayor 1 Date Christian Ferraro, CFO 2 Date ☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ B uyer
D ebra Ferraro, Board Secretary Date
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
A
PPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
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 m
anagers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must b e a g
eneral partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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SCOPE OF SERVICES EXHIBIT
This proposed Scope of Work describes the services to be performed by successful vendor for the City of Oxnard Public Works Departments.
T
here are seven (7) Public Works Department locations located at:
▪ W
ater Campus, 251 South Hayes Avenue, Oxnard, CA 93030
▪ Wastewater Treatment Plant, 6001 Perkins Road, Oxnard, CA 93033 ▪ Advanced Water Purification Facility, 5700 Perkins Road, Oxnard, CA 93033 ▪ Blending Station No. 3, 1700 Solar Drive, Oxnard, CA 93036 ▪ Blending Station No. 4, 3637 North Rose Avenue, Oxnard, CA 93036 ▪ Blending Station No. 5, 908 East Pleasant Valley Road, Oxnard, CA 93033 ▪ Del Norte Regional Recycling and Transfer Station, 111 Del Norte Boulevard, Oxnard, CA 93030 W
ASTEWATER TREATMENT PLANT
6001 Perkins Road
Oxnard, CA 93033
V
endor shall provide services on a daily basis, beginning at 5:00 p.m., Monday through Thursday and on alternating working Fridays for the City. Vendor shall perform services at the following locations at the Wastewater Treatment Plant:
1. A
dministration Building (7,090 sq. ft.).
2. Collection Systems Maintenance Building (2,400 sq. ft.).
3. Maintenance Shop Building (2,165 sq. ft.).
4. Solids Processing Building (1,985 sq. ft.).
5. North Area Electrical Building (1,190 sq. ft.).
6. Plant Control Center (3,275 sq. ft.).
7. Digester Control Building (750 sq. ft.).
8. Carpeted Exercise Room (570 sq. ft.).
9. Headworks Facility (800 sq. ft.).
T
his includes all reception areas, restrooms, kitchenettes, and offices at all locations, as applicable.
Daily Services
1. E
mpty all waste baskets and replace liners, as necessary.
2. Empty all paper recycling bins.
3. Vacuum all carpeted areas.
4. Spot clean floors and carpets, as needed.
5. Empty all sand urns.
6. Clean and sanitize all restrooms and replace/refill paper products (toilet seat covers, toilet tissue, hand towels) and soaps (liquid or powder) – make sure product is installed correctly in the dispensing unit.
7. Clean counters, table tops and sinks in conference rooms and kitchenettes (replace/refill paper products as needed)
8. Secure all windows and doors prior to leaving.
9. Turn off lights.
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Weekly Services
1. C
lean hard surface floors.
2. Dust and polish all flat surfaces, including desk tops, counter tops, file cabinets; windowsills, door jams, book shelves, etc.
3. Dust and wax all conference tabletops.
4. Clean all furniture as needed.
5. Treat all drains with bacterial enzymes (urinals, sinks, toilets and floor drains).
Semi Annual Services
1. W
ax/Polish floors.
2. Carpet deep clean.
ADVANC
ED WATER PURIFICATION FACILITY
5700 Perkins Road
Oxnard, CA 93033
V
endor shall provide services on a daily basis, beginning at 5:00 p.m., Monday through Thursday and on alternating working Fridays for the City. Vendor shall perform services at the following locations at the Advanced Water Purification Facility (AWPF):
1. Administration Building including restrooms (10,848 sq. ft.). a. 1st Floor (6,135 sq. ft.).
b. 2nd Floor (4,713 sq. ft.).
2. Conference Center, including restrooms and catering area (2,552 sq. ft.).
3. Downstairs Catering Area, Toilet and Shower (1,027 sq. ft.).
Daily Services
1. Wipe out inside of trash containers, empty and replace all container liners as necessary.
2. Empty all paper recycling bins.
3. Spot clean floors and carpets, as needed.
4. Clean and polish water fountains and sinks.
5. Clean and sanitize all restrooms and replace/refill paper products (toilet seat covers, toilet tissue, hand towels) and soaps (liquid or powder) – make sure product is installed correctly in the dispensing unit.
6. Clean counters, table tops and sinks in conference rooms and kitchenettes.
7. Wipe down chairs in conference room and kitchenettes, as necessary.
8. Clean and polish all chrome fixtures and mirrors.
9. Secure all windows and doors prior to leaving.
10. Clean entry glass doors, both sides, and any windows on inside conference room, offices and doors.
Twice-Weekly Services
1. V
acuum all carpeted areas.
2. Empty all sand urns.
Weekly Services
1. C
lean hard surface floors.
2. Dust and polish all flat surfaces, including desk tops, counter tops, file cabinets, windowsills, door jams, book shelves, etc.
3. Dust and wax all conference tabletops.
4. Clean all furniture as needed.
5. Treat all drains with bacterial enzymes (urinals, sinks, toilets and floor drains).
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Semi Annual Services
1. W
ax/Polish floors.
2. Carpet deep clean.
W
ATER DIVISION ADMINISTRATION
251 South Hayes Avenue
Oxnard, CA 93030
T
he vendor shall provide services on a daily basis, beginning at 6:00 a.m. and completing before 5:00 p.m. on Mondays through Thursdays and on alternating working Fridays for the City. Vendor shall perform services at the following locations at the Water Division Facilities:
W
ater Campus Administration, 251 South Hayes Avenue, Oxnard, CA 93030
1. M
ulti-Purpose Training Facility (1,200 sq. ft.).
2. Two-Story Desalter Building (1,790 sq. ft.).
3. Administration Building (10,400 sq. ft.).
4. Distribution area, Distribution Meter Shop (700 sq. ft.).
5. South Administration Building (1,750 sq. ft.).
6. Dispatch Building (1,800 sq. ft.).
B
lending Station No. 3, 1700 Solar Drive, Oxnard, CA 93036 (1,260 sq. ft.)
1. L
aboratory (170 sq. ft.) with cork flooring and stainless steel sink.
2. Control Room (190 sq. ft.) with cork flooring and formica counters.
3. Bathroom (56 sq. ft.) with tile floor, one (1) toilet, tile/drywall walls.
4. Storage Room/Shower (84 sq. ft.) with tile floor.
5. Meeting/Break Room (368 sq. ft.) with cork flooring and formica counters.
6. Hallway (315 sq. ft.).
B
lending Station No. 4, 3637 North Rose Avenue, Oxnard, CA 93036 (200 sq. ft.)
1. B
athroom (70 sq. ft.) with tile floor, one (1) toilet, tile/rough plaster walls.
2. Office (120 sq. ft.) with linoleum square tile floor and cinder block walls.
B
lending Station No. 5, 908 East Pleasant Valley Road, Oxnard, CA 93033 (160 sq. ft.)
1. B
athroom (48 sq. ft.) with concrete floor, one (1) toilet, tile/drywall walls and storage cabinet.
2. Main Room (84 sq. ft.) with concrete floor, stainless countertops, stainless steel sink, cinder block walls.
T
his includes all reception areas, restrooms, kitchenettes, and offices at all locations, as applicable.
H
and sanitizer dispensers to be provided by Vendor at the following areas:
1. W
ater Campus distribution administration building one (1) restroom.
2. Water Campus distribution wellness center one (1) restroom.
3. Blending Station Four (4) one (1) restroom.
Daily Services – Water Campus
1. R
emove all trash and recycled materials from offices, restrooms, kitchenettes, and conference rooms.
Dispose in correct outside building containers.
2. Wipe out inside of trash containers and replace all container liners as necessary.
3. Vacuum all carpets.
4. Clean and polish water fountains and sinks.
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5. Clean counters, table tops and sinks in conference rooms and kitchenettes.
6. Wipe down chairs in conference room and kitchenettes, as necessary.
7. Restrooms:
a. Clean and disinfect all restrooms, including spot cleaning tiled walls around washbasins, toilets and showers.
b. Disinfect all commodes and sinks, including undersides and tops of toilet seats. c. Mop tile floors with disinfectant/germicidal solution. d. Replace/refill paper products (toilet seat covers, toilet tissue, hand towels) and soaps (liquid or powder). Make sure they are not installed upside down.
8. Clean and polish all chrome fixtures and mirrors.
9. Use stainless steel cleaner on all metal surfaces.
10. Mop/dust bare/concrete floors.
11. Dust all flat surfaces, using a non-feather duster, includes desk tops, file cabinets, tables, window sills and window ledges, door jams, and bookshelves.
12. Spot clean walls, light switches, doors, and door frames.
13. Spot clean carpets and upholstered office furniture.
14. Clean entry glass doors, both sides, and any windows on inside offices and doors.
15. Pour water down all drains for odor control (floor drains).
16. Remove hard water deposits on all sinks.
17. Replenish all hand sanitizer dispensers and batteries as necessary in the following restrooms:
a. Administration building upstairs two (2) restrooms.
b. Administration building downstairs two (w) restrooms. c. Desalter building front lobby two (2) restrooms.
d. Desalter building upstairs two (2) restrooms.
e. Water training facility two (2) restrooms.
f. Meter Shop two (2) restrooms.
Twice-Weekly Services – Blending Station Nos. 3, 4 and 5
1. Remove all trash and recycled materials from offices, restrooms, kitchenettes and conference rooms. Trash and recycled materials need to be disposed off-site.
2. Wipe out inside of trash containers and replace all container liners, as necessary.
3. Clean and polish sinks (important to remove residual buildup due to constant running water).
4. Clean counters, table tops and sinks in conference rooms and kitchenettes.
5. Wipe down chairs in conference room and kitchenettes, as necessary.
6. Restrooms:
a. Clean and disinfect all restrooms, including spot cleaning mirrors and tiled walls around wash basins, toilets and showers.
b. Disinfect all commodes and sinks, including undersides and tops of toilet seats. c. Mop tile floors with disinfectant/germicidal solution. d. Replace/refill paper products (toilet seat covers, toilet tissue, hand towels) and soaps (liquid or powder) – make sure product is not installed incorrectly in dispensing unit.
7. Mop/dust bare/concrete floors.
8. Pour water down all floor drains for odor control.
9. Remove hard water deposits on all sinks.
10. Replenish all hand sanitizer dispensers and batteries as necessary at Blending Station Control Rooms three (3) and five (5).
Semi Annual Services
1. Wax/Polish floors.
2. Carpet deep clean.
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DEL NORTE REGIONAL RECYCLING AND TRANSFER STATION
111 South Del Norte Boulevard
Oxnard, CA 93030
V
endor shall provide services on a daily basis, beginning at 5:00 p.m. (but no earlier than 6:00 p.m. for the Administration Building), Monday through Friday.
1. A
dministration Building (10,136sq. ft.).
a. 1st Floor, including Lobby, and Education Center (7,713 sq. ft.). b. Elevator (63 sq. ft.).
c. 2nd Floor (2,360 sq. ft.).
2. North Side of Materials Recovery Facility (962 sq. ft.). a. Restroom 1 (324 sq. ft.).
b. Restroom 2 (360 sq. ft).
c. Locker Area (278 sq. ft.).
3. Dispatch Building (700 sq. ft.).
a. Common Area (500 sq. ft.).
b. Office 1 (75 sq. ft.).
c. Office 2 (75 sq. ft.).
d. Restroom (50 sq. ft.).
4. Buyback Office (190 sq. ft.).
5. Scale House (150 sq. ft.).
6. Materials Recovery Facility Breakroom (400 sq. ft.).
7. Maintenance Shop Building (150 sq. ft.).
a. Office (100 sq. ft.).
b. Restroom (50 sq. ft.)
Daily Services
1. R
emove all trash and recycled materials from offices, restrooms, kitchenettes, and conference rooms – dispose in correct outside building containers.
2. Wipe out inside of trash containers and replace all container liners as necessary.
3. Vacuum all carpets.
4. Clean, disinfect, and polish sinks.
5. Clean and disinfect counters, table tops, door handles and knobs, and sinks in conference rooms, breakrooms, and kitchenettes.
6. Wipe down chairs in conference room, breakrooms, and kitchenettes, as necessary.
7. Restrooms:
a. Clean and disinfect all restrooms, including spot cleaning tiled walls around washbasins, toilets and urinals.
b. Disinfect all door knobs, railings, flush levers, commodes, and sinks, including undersides an d
to
ps of toilet seats.
c. Mop tile floors with disinfectant/germicidal solution. d. Replace/refill paper products (toilet seat covers, toilet tissue, hand towels) and soaps (liquid or powder) – make sure product is not installed incorrectly in dispensing unit. e. Clean and polish mirrors.
8. Use stainless steel cleaner on all metal surfaces.
9. Dust mop hard floor surfaces.
10. Spot clean walls, light switches, doors, and door frames.
11. Spot clean carpets and upholstered office furniture.
12. Clean entry glass doors, both sides, and any windows on inside offices and doors.
13. Pour water down all drains for odor control (floor drains).
14. Replenish all hand sanitizer dispensers and batteries as necessary.
15. Replenish all air freshener dispensers and batteries as necessary.
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Weekly Services
1. D
ust all flat surfaces using a non-feather duster, including desk tops, partition tops, file cabinets, tables, window sills, window ledges, door jams, and bookshelves.
2. Clean and polish all metal fixtures such as elevator panels and stairwell railings.
3. Remove hard water deposits on sinks and water fountains.
4. Clean and disinfect microwave and toaster ovens in kitchenettes and break rooms.
5. Wet mop hard floor surfaces.
Monthly Services
1. D
ust high reach areas including shelves, ledges, vents, and HVAC grills.
2. Dust blinds.
3. Remove spider webs.
4. Clean baseboards, carpet edges and corners, including stairs wells.
5. Vacuum/clean upholstered furniture.
Semi-Annual Services
1. S
trip and wax hard floor surfaces (wax/polish floors). This includes all restrooms, first floor lobby area, dispatch area, Materials Recovery Facility (MRF) break room and employee restrooms on the north side of the building.
2. Dry clean or hot water extraction clean all carpet floor surfaces (carpet deep clean). This includes the first floor administration offices, second floor administration offices, staircase area and the Education Center.
Invoicing
S
eparate invoices shall be provided for each operation location. Each invoice shall include the following:
● Vendor shall email all invoices to [email protected] ● Days and dates of services
● N
umber of employees (names included) including employee title ● Em
ployee rate per hour (upon request)
● C
opies of daily work tickets for each site (upon request)
MATERIAL, SUPPLIES AND LABOR TO BE PROVIDED BY THE VENDOR T
he Vendor, at his/her own cost and expense, shall furnish all necessary equipment, labor, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance. The supplies and materials shall include, but not limited to:
A
ll necessary cleaning equipment, supplies, dispensers, application bottles and related items.
A
ll necessary paper products including toilet paper, toilet seat liners, towels and related items. (The use of paper products made from recycled products is required).
A
ll trash container supplies, including any trash liners.
A
ll necessary hand soap, room deodorant, urinal deodorant, disinfectant, enzymes, and related items.
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RATES AND COSTS EXHIBIT
Public Works Administration Location(s) Weekly Cost
Cost per Hour for
Special/ Emergency
Cleaning
Water Campus, 251 South Hayes Avenue $800.43 $31.56
Blending Station No. 3, 1700 Solar Drive $157.74 $31.56 Blending Station No. 4, 3637 North Rose
Avenue $134.42 $31.56
Blending Station No. 5, 908 East Pleasant
Valley Road $134.42 $31.56
Wastewater Treatment Plant, 6001 Perkins Road $1,090.09 $31.56 Advanced Water Purification Facility, 5700
Perkins Road $707.72 $31.56
Del Norte Regional Recycling and Transfer
Station, 111 Del Norte Boulevard $659.04 $31.56
The period of performance anticipated for this agreement shall be for three (3) years, with each year renewable in one (1) year increments effective upon signature of an Agreement by both parties, unless terminated earlier. This annual renewal shall be based on mutually acceptable services, cost adjustments, and the City requirements and there is no obligation by the City to purchase any specified amount of goods or services. Updated annual pricing must be submitted to the City in writing, no later than the February 1st preceding the renewal date. Increases shall not exceed the Consumer Price Index for all Urban Consumers (CPI-U) for Los Ang eles from the U. S. Bureau of Labor Statistics based on 12-m onth CPI-U for March.
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LIVING WAGE POLICY EXHIBIT
T
he Living Wage Policy of the City of Oxnard is hereby adopted by the City Council on July 9, 2002 to be effective October 1, 2002.
1. P
ursuant to this Living Wage Policy, Vendor shall pay those employees who provide services to the City under contract:
(
a) Effective October 1, 2002, at least $9.00 an hour for the time during which the employee is providing services to the City;
(b
) Effective July 1, 2003, at least $9.25 an hour for the time during which the employee is providing services to the City and 32 hours of paid leave per every calendar year in which an employee provides services to the City; (
c) Effective July 1, 2004, at least $10.59 an hour for th e time during which the employee is providing services to the Cit y an
d 64 hours of paid leave per every calendar year in which an employee provides services to the City; and (d
) Effective July 1, 2005, at least $12.22 an hour for the time during which th e employee is providing services to the City and 96 hours of paid leave per every calendar year in which an employee provides services to the City.
2. T
he hourly rates established in Section 1 shall be adjusted July 1, 2006 and, each July 1 thereafter, according to the percentage change since July 1, 2005 in the Consumer Price Index prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers.
3. A
service contractor executing a service contract with the City for whi ch the City will pay the contractor $25,000 or more during the contract term shall be subject to the Living Wage Policy.
4. A
service contractor executing more than one service contract with the City, and the combined monetary total of th e p
ayments by the City pursuant to such contracts is $25,000 or more for the combined contract terms shall be subject to the Living Wage Policy.
5. T
his Living Wage Policy shall not govern the following types of contracts for: (a) the purchase, rental or lease of goods, products, equipment, supplies or other personal property; (b) public works projects as defined in State or local law; and (c) professional services.
6. T
his Living Wage Policy shall not govern the following service contractors: (a) nonprofit entities orga nized under IRS Code section 501(c)(3); (b) public entities such as cities, counties, special districts, states and the federal government; a nd (c) b
usinesses employing fewer than five persons.
7. The City Attorney is directed to include in all standard trade services contracts and all contracts involving unique trade services, the language set forth in Exhibit 1 attached hereto and incorporated herein by this reference.
8. I
f Vendor fails to comply with this Living Wage Policy, the City Manager is directed to terminate the subject service contract immediately and to impose appropriate fines and penalties as set forth in the service contract.
9. T
he City Manager and the City Attorney are responsible for the administration and enforcement, respectively, of the Living Wage Policy. If an employee of a service contractor governed by the Living Wage Policy concludes that he/she has been retaliated against for the exercise of rights under the Living Wage Policy, the employee should contact the City Manager at 385-7430.
10. T
he City Manager shall reasonably cooperate with representatives of the Ventura County Living Wage Coalition to ensure the effective administration and enforcement of the Living Wage Policy.
11. T
his Living Wage Policy may be changed only by City Council and only after a duly noticed public hearing.
12. T
he City Manager is directed to ensure that the City Council will review the Living Wage Policy as part of the FY 2003- 2004/05 budget process.
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Exhibit 1
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 trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wag e Policy Exhibit. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Vendor 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 Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.
D. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor 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. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
220
Agreement No. A-8431
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2021
42. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit 1. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, 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, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Vendor 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 Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.
c. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor 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. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
d. The foregoing requirements are restated on page 5 of the Agreement for Trade Services.
221
Exhibit INS-B
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance agai nst 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 Cont ractual Liability , in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insura nce Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto”;
c. Workers’ compensation insurance in com pliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements affecting coverage required by this Exhibit INS -B. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance polici es at any time.
The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No.
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endors ement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorse d to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- B or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available. C G 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self -insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the contractor shall procure a bond guaranteeing payment of losses and rel ated 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.
222
Exhibit INS-B
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.
You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notes of cancellation.
Endorsement Forms
Original endorse ments are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute f orms will be accepted, however, as long as they include provisions comparable to the attached.
INS-B.doc
223
Exhibit INS-B
SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] 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
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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. 12/21 INS-B.doc
224
Exhibit INS-B
R
ev. 12/21 INS-B.doc
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured
Retention (check which) of $
with an Aggregate of $
coverage. Per Occurrence
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
C
ITY 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
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintai ned by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this en dorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
225
Exhibit INS-B
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of th e n
amed insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsemen t now or hereafter attached thereto, insurance company agrees as follows:
1 . INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying pr imary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES . Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be 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
CI
TY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
R
ev. 12/21 INS-B.doc
226
Agreement A-8431 with Executive
Facilities Services, Inc. for Custodial
Services at Various City Locations
Public Works and Transportation Committee
February 22, 2022
Omar Castro
Water Division Manager
227
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the:
1. Mayor to execute Agreement A-8431 with Executive Facilities Services, Inc., for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount over the entire possible contract term of $735,000 to provide custodial services for the Water Campus, Blending Stations 3, 4 and 5, Wastewater Treatment Plant, Advanced Water Purification Facility (AWPF) and Del Norte Regional Recycling and Transfer Station (Del Norte); and
2. Purchasing Agent to execute amendments to extend the term of Agreement A-8431 up to a total maximum term of three years.
RECOMMENDATION 2
228
• City has seven utility facilities with a total of 66,600 square feet
• Custodial services have been contracted out over the past 18 years • City enters into custodial agreements for 2-3 years
• Contractor delivers a full complement of services and all cleaning supplies and provisions
BACKGROUND 3
229
• October 5, 2021: City issued a formal Request for Proposal (RFP) PW 22 -40 for custodial services at utility facilities
• November 4, 2022: RFP closed and seven bids were received • Executive Facilities Services, Inc. was selected through the awarding process based upon meeting lowest bid criteria and supporting documentation supporting the required service levels
DISCUSSION 4
230
● Agreement includes: site-specific custodial service requirements which vary but are not limited to:
• Trash disposal, floor cleaning, dusting, window cleaning, polishing, and sanitation
• Additionally, the vendor provides all necessary equipment, cleaning supplies and provisions
• Allows for adjustment in service level to match City needs • Staff has confirmed that Executive Facilities Services, Inc. meets all required City contractual provisions
DISCUSSION 5
231
• Total cost for this Agreement with Executive Facilities Services, Inc. shall not exceed $735,000 over three (3) years, if extended.
• Sufficient funds are available in each of the respective utility budgets in FY 2021-22
• Estimated 5% inflation increase factored starting in FY 2023-24 • The “As-Needed” amounts are a contingency that will be applied for any one-time or unforeseen emergencies
FINANCIAL IMPACT 6
232
QUESTIONS
7 233
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.4
DATE: February 22, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement A-8440 with South Coast Industrial Door, Inc. for Roll-Up Door Maintenance and On-Call Repair Services Specification No. PW 22-71. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8440 with South Coast Industrial Door, Inc. in the amount of $750,000 for a three year term for the Roll-Up Door Maintenance and On-Call Repair Services Specification No. PW 22-71.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/BEKO72P6IV4
BACKGROUND
Because of the specialized and emergency-type work involved, the Public Works Department requires support for the inspection, maintenance and repairs to roll up doors located at various facilities throughout the City as detailed below. The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to provide roll up door maintenance, after-hour response, and on-call repair services for the following:
INCLUDED DOORS LOCATION
21 bay doors Del Norte Regional Recycling Center and Transfer Station (ER) 24 doors Oxnard Wastewater Treatment Plant (OWTP)
7 doors Advance Water Purification Facility (AWPF)
8 doors Main Water Campus (Water)
3 doors Two blending stations @ Hayes Ave. (Water)
27 doors Fire Stations (8 locations) (Fire)
45 doors City Facility yard and parks (Facilities)
234
The work will include both regular maintenance and repair services during normal business hours as well as responding to emergency calls as needed.
This will be a not to exceed agreement amount of $750,000 and the term will be for three (3) years. All work will be issued through task orders at the direction of the Facilities Manager.
DISCUSSION
The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to provide rollup door maintenance and on-call repair services for roll up doors and bay doors located at various locations throughout the City.
The notice inviting formal bids (NIFB) on the Project was published on January 6, 2022, and all bids were due on January 26, 2022. The City received two bids. However, the Bid from Ventura County Overhead Door was determined to be non-responsive to the call for bids. The following represents the total of each hourly rate for on-call services and door inspection and report fees:
SOUTH COAST INDUSTRIAL DOOR, INC: $1,282.00
VENTURA COUNTY OVERHEAD DOOR: N/A
The bid from South Coast Industrial Door, Inc. is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from South Coast Industrial Door, Inc. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to South Coast Industrial Door, Inc.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this agreement with South Coast Industrial Door, Inc. shall not exceed $750,000 for roll-up door maintenance and on-call repair services over the term of three years. This agreement will be used as needed and as funding is available. The Public Works Facilities Division will issue task orders prior to initiating any services to be performed. The estimated spending plan will be funded from various funds dependent on each location serviced. There is $83,334 in funding available this Fiscal Year in the City Council approved Operating Budget. Estimated costs for subsequent fiscal years will be requested during the annual budget process.
Estimated Spending Plan
Fund Account
FY 2021-22
4-months FY 2022-23 12-months
FY 2023-24
12-months
FY 2024-25
8-months TOTAL
235
ER 631-6301-842.82-09 $16,667 $50,000 $50,000 $33,333 $150,000 OWTP 621-6205-842.82-09 $13,889 $41,667 $41,667 $27,777 $125,000 AWPF 601-6012-842.82-09 $2,778 $8,333 $8,333 $5,556 $25,000 Water 601-6010-842.82-09 $11,111 $33,333 $33,333 $22,223 $100,000 Fire 101-2201-802.83-01 $13,889 $41,667 $41,667 $27,777 $125,000 Facilities 735-7401-852.82-09 $25,000 $75,000 $75,000 $50,000 $225,000 TOTAL $83,334 $250,000 $250,000 $166,666 $750,000
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. A-8440 South Coast Industrial Door PW 22-71
2. Presentation
236
Agreement No. A-8440
1 CITY OF OXNARD CONTRACT FOR
ROLL UP DOOR MAINTENANCE AND ON-CALL REPAIR SERVICES PROJECT SPECIFICATION NO. PW 22-71
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and SOUTH COAST INDUSTRIAL DOOR, INC. (“Contractor”). Contractor’s license number is 726936.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all do cuments referenced in either the General or Special Provisions as well as the Cont ractor’s Bid Response. These documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as Roll Up Door Maintenance and On-Call Repair Services Project Specification No. PW 22-71 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.
3. Compensation. In consideration of the serv ices rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed seven hundred fifty thousand dollars ($750,000.00) during the Contract Term.
4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.
5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents.
This assignment shall be made and become effectiv e at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any in terested party on request. Contractor and all Subcontractors are 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 registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
237
Agreement No. A-8440
2 7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.
11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.
12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract trans mitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]
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3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD SOUTH COAST INDUSTRIAL DOOR, INC.
John C. Zaragoza, Mayor1 Date Clint McDaniel, Vice President 2 Date Alexander Nguyen, City Manager
Purchasing Manager
[ n a m e ] , B u y e r
Danny J. McDaniel, Board Secretary Date
A T T E S T :
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
2 The City requires the following for any contract:
For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
For an LLC, the signatures of at least two managers of the LLC (company directors, not lower‐level managers); or For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above‐listed persons are not the appropriate signers, please submit to the City Attorney legally‐binding documentation stating who can sign and bind your company.
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4 EXHIBIT INS-C
INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES
CONTRACTS
(WITH BUILDER’S RISK REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Serv ices Office Commercial General Liability Coverage (Occurrence Form CG 0001) If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.
e. Workers' Compensation Insurance in compliance with th e laws of the State of California, and Employer's Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2 Contractor shall, prior to performance of any serv ices, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-C. 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 th e attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time.
The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. A-8440
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3 Contractor agrees that all insurance covera ges shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days' prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4 Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special En dorsement Form attached to 240
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5 this Exhibit INS-C or s ubstitute forms containing the same in formation and acceptable to the Risk Manager shall be used to provide the endorsements (I SO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5 The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6 Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager.
At the option of the Risk Manager, either the insurer sh all reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7 All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreem ents with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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6 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 t he insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable ce rtificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
A-8440 South Coast Industrial Door PW 22-71
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7 SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE
(MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMAT ION 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 PERIO D INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N 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
[x] 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
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8440
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone:
( ) Date Si gned
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8 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH
OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured t o the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respect s 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. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditi ons, agreements or excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
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9 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the o perations, products and/or tenancy of the named insured under all written agreement s and permits in force with the City unless checked here in which case only the following s pecific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inco nsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured t o the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as res pects 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. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .
Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, condit ions, agreements or exclusions of the policy to wh ich this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
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10 Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to SOUTH COAST INDUSTRIAL DOOR, INC., 1275 Graphite Drive, Corona, CA 92881(“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Roll Up Door Maintenance and On-Call Repair Services Project Specification No. PW 22-71 (the “Project”).
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors a nd administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the per formance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Seven Hundred Fifty Thousand Dollars ($750,000), this amount being not less than one hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor that the Surety will pay th e same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforci ng this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee 246
Agreement No. A-8440
11 may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
“Surety”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of the Bond must not be before the Contract’s Effe ctive Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
Bond No. __________
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12 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to SOUTH COAST INDUSTRIAL DOOR, INC., 1275 Graphite Drive, Corona, CA 92881 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Roll Up Door Maintenance and On-Call Repair Services Project Specification No. PW 22-71 (the “Project”).
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Seven Hundred Fifty Thousand Dollars ($750,000), this amount being not less than one hundred percent (100%) of the total not to exceed Contract Price, in lawful money of th e United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to t he Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
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13 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
D a t e d :
“Principal”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
“Surety”
By:
Its: _________________________
By:
Its: _________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of Bond must not be before the Contra ct’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
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14 EXHIBIT A
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15 EXHIBIT B
SPECIAL PROVISIONS
1000-1 LOCATION AND SCOPE OF WORK
The Contractor shall provide the necessary equipment, materials, parts and labor to conduct inspections, maintenance and repairs to the roll up doors located at the facilities listed below.
1. Del Norte Regional Recycling Center and Tran sfer Station at 111 S. Del Norte Blvd - 21 doors and 4 dock levelers
2. Oxnard Wastewater Treatment Plant at 6001 Perkins Road - 24 doors.
3. Advanced Water Purification Facility at 5700 Perkins Road - 7 doors.
4. Main Water Campus at 251 South Hayes Avenue – 8 doors
5. Water Blending Station 2 at 1061 Richmond Avenue – 2 doors
6. Water Blending Station 4 at 3637 N. Rose Avenue – 1 door
7. Fire Station 1 located at 491 S. K Street - 6 doors.
8. Fire Station 2 located at 531 E. Pleasant Valley Road – 2 doors.
9. Fire Station 3 located at 150 Hill Street – 2 doors.
10. Fire Station 4 located at 230 W. Vineyard Avenue – 2 doors.
11. Fire Station 5 located at 1450 E. Colonia Road – 2 doors.
12. Fire Station 6 located at 2601 Peninsula Road – 2 doors.
13. Fire Station 7 located at 3300 Turnout Park Circle – 6 doors.
14. Fire Station 8 located at 3000 S. Rose Avenue – 9 doors (5 roll up and 4 bifold).
15. City Facility Yard at 1060 Pacific Avenue - 43 doors.
16. College Park – 1 door.
17. Beck Park – 1 door.
The scope of Work shall include, but not be limited to:
1. Perform inspections as requested by the City, including minor and major repairs on such items as needed.
2. Inspections should include, but not be limited to, the inspections of rollers, door tension balancing, cables, shafts, tracks, bumper springs, bearings, spring assemblies, pull rope, chain operators, wind lock operations, door slats, el ectrical control box, and the overall proper operation of the doors and provide detailed in spection report with defective findings and recommendations for corrective actions.
3. In addition to the doors at the Del Norte Regi onal Recycling Center and Transfer Station, there are 4 dock levelers located at the facility which also require quarterly inspection and on call repair services. Dock leveler inspec tion should include, but not be limited to, the inspections of the rear hinges, angle and cu rb steel, undercarriage welds for cracks, hold down assembly, hip lock/walk down assembly, cam, cam roller and cam follower assembly, inspect the safety leg and toe guard are functi onal, cable and chains are in place, deck lips plates and hinges for defects, bumper intact and secure, check for any leaks in hydraulic cylinders and hoses, check for motor, hydraulic controls operating correctly, main spring assembly is serviceable, and all air bags for leaks, and over all proper operation of dock levelers, and provide detailed inspection report with defec tive findings and recommendations for corrective actions
4. Perform repairs and maintenance services for the doors and dock levelers as requested.
5. Contract must be able to provide maintenan ce and repairs for all doors described in section 1000-1.
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Agreement No. A-8440
16 1000-2 RESPONSE TIME.
Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid sheets. Response time by the Contractor shall be as stated below:
1. Non-Scheduled Urgent Repair Work: Contractor must verbally respond within thirty (30) minutes of telephone notification by the City. Contractor must be on the site within two (2) hours of the notification and begin work immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.
2. Scheduled Repair and Maintenance Work: Contractor must verbally respond within twenty (24) hours of telephone notification by the City. The scope of work and schedule shall be mutually agreed to between City staff and contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
1000-3 PAYMENT
All Work will be pre-approved by a Task Order issued by the Project Manager prior to starting Work.
Parts will be reimbursed at cost plus not to exceed 10% for material handling and equipment rental will be reimbursed at cost plus not to exceed 5% for mate rial handling and Contractor is required to itemize supplies and rental costs within the proposal for Work to be completed within the Task Order. The proposal must include all materials, labor, and taxes. Contractor is required to itemize the number of hours it will take for completion of a Task Order. A separate invoice is required for each Task Order issued pursuant to the Contract.
Contractor shall only invoice for time spent at the lo cation of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless approved by the Project Manager and included in the Task Order.
252
Agreement with South Coast Industrial Door,
Inc. for Roll-Up Door Maintenance and On-
Call Repair Services
Public Works and Transportation Committee
February 22, 2022
Brian Allen
Facilities Manager
253
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute Agreement A-8440 with South Coast
Industrial Door, Inc. in the amount of $750,000 for a three year term for the Roll-Up Door Maintenance and On-Call Repair Services Specification No. PW 22-71.
RECOMMENDATION 2
254
• Public Works Department requires support for the
inspection, maintenance and repairs to roll up doors
located at various facilities throughout the City as detailed below
• Work will include both regular maintenance and repair services during normal business hours as well as
responding to emergency calls as needed
BACKGROUND 3
255
Specific work for this Project includes furnishing all
necessary labor, materials, equipment and other incidental and appurtenant work to provide roll up door maintenance and on-call repair services for the following:
BACKGROUND 4
INCLUDED DOORS LOCATION
21 bay doors Del Norte Regional Recycling Center and Transfer Station (ER) 24 doors Oxnard Wastewater Treatment Plant (OWTP)
7 doors Advance Water Purification Facility (AWPF)
8 doors Main Water Campus (Water)
3 doors Two blending stations @ Hayes Ave. (Water)
27 doors Fire Stations (8 locations) (Fire)
45 doors City Facility yard and parks (Facilities)
256
Fire Station #8
Oxnard Wastewater (1 of 24)
BACKGROUND 5
257
• The notice inviting formal bids (NIFB) on the Project was published on January 6, 2022, and were due on January
26, 2022
• Lowest bidder is South Coast Industrial Door, Inc. and its bid is responsive to the City’s NIFB
• Thus, staff recommends that the City Council award the contract for this Project to South Coast Industrial Door, Inc.
DISCUSSION 6
258
• Total cost for this agreement with South Coast Industrial Door, Inc. shall not exceed $750,000 for roll-up door
maintenance and on-call repair services over three years • Agreement will be used as needed and as funding is
available
• Public Works Facilities Division will issue task orders prior to initiating any services to be performed. The estimated spending plan will be funded from various funds
dependent on each location serviced
• Estimated costs for subsequent fiscal years will be
requested during the annual budget process.
FINANCIAL IMPACT 7
259
QUESTIONS
8 260
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.5
DATE: February 22, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement A-8438 with Garcia’s Landscaping Maintenance Inc. for On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services Specification No. PW 22-
73. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8438 with Garcia’s Landscaping Maintenance Inc. in the amount of $1,000,000 for a three year term for On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services Specification No. PW 22-73.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/x8eAx2Y6guY
BACKGROUND
Due to many years of budget cuts and inadequate resources in the Parks Division, there has been a severe lack of maintenance to the City’s landscape irrigation systems. This has resulted in the loss of ground cover, shrubs and trees throughout the city. It has also contributed to a significant amount of water-waste from broken fixtures and improper spray patterns. Additionally, because the City has a vast amount of irrigation in parks, medians, and parkways, the City will be at the forefront of water stewardship. Recent State directives and notices have indicated a near-future where water use for irrigation and water-waste from poorly operating irrigation systems will be heavily scrutinized.
This will be a not to exceed agreement amount of $1,000,000 and the term will be for three years. All work will be issued through task orders at the direction of the Parks Manager.
DISCUSSION
This on-call agreement will allow for the repair, replacement and adjustment of existing irrigation systems as identified by city staff. The agreement also allows contractors to maintain and replace vegetation, when applicable and in accordance with any water-use restrictions that may be implemented by the State or local Water jurisdictions having authority.
The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to provide on call repairs and maintenance services for landscape vegetation and irrigation systems throughout the City. Contractor may be asked to assist with work for multiple 261
divisions/departments throughout the City.
The notice inviting formal bids (NIFB) on the Project was published on December 23, 2021, and all bids were due on January 14, 2022. The City received the following two (2) bids which was a representation of specific hourly rates to determine the lowest bidder:
Garcia’s Landscaping Maintenance Inc.: $305.00/hour
Venco Western Inc.: $570.00/hour
The lowest bidder is Garcia’s Landscaping Maintenance Inc. and its bid is responsive to the City’s NIFB.
Following this determination, procurement staff reviewed all documentation received from Garcia’s Landscaping Maintenance Inc. and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR).
Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Garcia’s Landscaping Maintenance Inc.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this agreement with Garcia’s Landscaping Maintenance Inc. shall not exceed $1,000,000 for on-call landscape vegetation and irrigation systems repair and maintenance services. This agreement will be used as needed and as funding is available. All work will be issued through task orders at the direction of the Parks Manager.
The primary divisions using this agreement will be Parks and Special Districts. The cost will be funded using 101-5701-805-8209 and 101-5705-805-8209. Special Districts will likely have capacity in their existing agreement to finish off this year’s work. Estimated costs for subsequent fiscal years will be requested during the annual budget process.
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. A-8438 - Garcia's Landscaping - PW 22-73
2. Presentation
262
Agreement No.: A-8438
1 CITY OF OXNARD CONTRACT FOR
ON-CALL LANDSCAPE VEGETATION AND IRRIGATION SYSTEMS REPAIR AND MAINTENANCE SERVICES, SPECIFICATION NO. PW 22-73
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2022 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and GARCIA’S LANDSCAPING MAINTENANCE INC. (“Contractor”). Contractor’s license number is 963018.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services Specification No. PW 22-73 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Ter m. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.
3. Compensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed one million dollars ($1,000,000.00) during the Contract Term.
4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.
5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Business and Professions Code Sec tion 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents.
This assignment shall be made and become effective at the time City tender’s final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are 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 registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with 263
Agreement No.: A-8438
2 the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.
11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.
12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original , but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]
264
Agreement No.: A-8438
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD GARCIA’S LANDSCAPING
MAINTENANCE INC.
☒ John C. Zaragoza, Mayor1 Date Pablo Garcia, President 2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
☐ Buyer
Tenley Garcia, Secretary Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
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.
265
Agreement No.: A-8438
4 Exhibit INS-D
INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)
1 Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $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 location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2 Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -D. 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 certifica tes and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. A-8438
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3 Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.
Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4 Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -D or substitute forms c ontaining the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5 The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self- insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance sha ll 266
Agreement No.: A-8438
5 apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6 Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7 All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
267
Agreement No.: A-8438
6 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.
Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-D.doc
268
Agreement No.: A-8438
7 SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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 PER IOD 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. LIMIT S 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
[x] 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 Agreement
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8438
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
269
Agreement No.: A-8438
8 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respec ts 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. 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 li mits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organ ization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8438
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
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Agreement No.: A-8438
9 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE
(MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary ins urance 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. 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 organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of t he City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to compl y with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the p olicy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8438
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
271
Agreement No.: A-8438
10 Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to Garcia’s Landscaping Maintenance Inc. located at 167 Lambert Street, #115, Oxnard, CA 93036 (“Principal”) a contract (the “Contract”) for the Work described as On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services , Specification No. PW 22-73 (the “Project”).
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Bond with the Agency to secure the claims to which reference i s made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ONE MILLIO N DOLLARS ($1,000,000), this amount being not less than one hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code 272
Agreement No.: A-8438
11 Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its: ________________________
By:
Its: ________________________
(Seal)
“Surety”
By:
Its: ________________________
By:
Its: ________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. The date of the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most curre nt list (Circular 570 as amended) and be authorized to transact business in the State of California. 273
Agreement No.: A-8438
12 Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to Garcia’s Landscaping Maintenance Inc. located at 167 Lambert Street, #115, Oxnard, CA 93036 (“Principal”) a contract (the “Contract”) for the Work described as On-Call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services, Specification No. PW 22-73 (the “Project”).
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of ONE MILLION DOLLARS ($1,000,000), this amount being not less than one hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, admini strators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included cos ts and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
274
Agreement No.: A-8438
13 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its: ________________________
By:
Its: ________________________
(Seal)
“Surety”
By:
Its: _______________________
By:
Its: _______________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. The date of Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current l ist (Circular 570 as amended) and be authorized to transact business in the State of California.
275
Agreement No.: A-8438
14 EXHIBIT A
276
Agreement No.: A-8438
15 EXHIBIT B
SPECIAL PROVISIONS
1000 Scope of Maintenance Services
The work may take place in any location throughout the City as designated by the Project Manager. This on-call contract may be utilized by all divisions or departments throughout the City.
The Contractor shall provide on-call maintenance and repair of vegetation and irrigation systems located within the City of Oxnar d as requested through Task Order. Such services may include but are not limited to:
1. Inspect irrigation systems and identify required maintenance needs.
2. Repair, maintain, or replace worn, damaged, or potentially faulty components in irrigation systems.
3. Install new irrigation systems.
4. Maintain or replace existing landscape vegetation. Install new landscape vegetation.
5. Provide reports on the condition of the landscape vegetation and irrigation system as requested.
All costs for labor for these calls shall be included in the Bid sheets.
1002 Response Time
Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these calls shall be included in the Bid sheets.
1. Non-Scheduled Urgent Repair Work:
Contractor must verbally respond within thirty (30) minutes of telephone notification by the City.
Contractor must be on the site within four (4) hours of the notification and begin work immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.
2. Scheduled Repair and Maintenance Work:
Contractor must verbally respond within four (4) hours of telephone notification by the City. The scope of Work and schedule shall be mutually agreed to between City staff and contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
1003 Payment
277
Agreement No.: A-8438
16 All Work will be pre-approved by a Task Order issued by the Project Manager prior to starting Work. Parts, irrigation materials and vegetation material will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus 20% for material handling and Contractor will be required to itemize the supplies cost within the Task Order. The Task Order may include all materials, labor, and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work. Contractor is required to itemize the number of hours it will take for completion of a Project. A separate invoice is required for each Task Order issued pursuant to the Contract.
Contractor shall only invoice for time spent at the location of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless pre-approved by the Project Manager and included in the Task Order.
278
Agreement for On-Call Landscape Vegetation
and Irrigation Systems Repair and Maintenance
Services
Public Works and Transportation Committee
February 22, 2022
Steve Howlett
Assistant Public Works Director
279
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8438 with Garcia’s Landscaping Maintenance Inc. in the amount of $1,000,000 for a three year term for On-Call Landscape Vegetation and Irrigation Systems Repair and
Maintenance Services Specification No. PW 22-73.
RECOMMENDATION 2
280
• The City has approximately 81 miles of General Fund street landscapes and 36 General Fund parks.
• Regular and proactive maintenance of the City’s landscape irrigation systems have been deferred for nearly 10 years • The significant amount of deferred irrigation maintenance and current drought conditions necessitate a near-term focused approach for repairs that are more efficiently handled by a contractors.
BACKGROUND 3
281
• The City needs to take a leadership role based on recent State directives and notices regarding water conservation and water waste
• The On-call Landscape Vegetation and Irrigation Systems Repair and Maintenance Services contract will expedite the needed repairs and maintenance that are necessary
• The notice inviting formal bids was published on December 23, 2021, and all bids were due on January 14, 2022
• The City received 2 bids, with the lowest responsive bidder being Garcia’s Landscaping Maintenance Inc.
DISCUSSION 4
282
This 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.
STRATEGIC PRIORITIES 5
283
• Total cost for this agreement with Garcia’s Landscaping Maintenance shall not exceed $1,000,000 for on-call landscape vegetation and irrigation systems repair and maintenance services over 3 years
• Agreement will be used as needed and as funding is available • Public Works Parks Division will issue task orders prior to initiating any services to be performed. The estimated spending plan will be funded from various funds dependent on each location serviced
• Estimated costs for subsequent fiscal years will be requested during the annual budget process.
FINANCIAL IMPACT 6
284
QUESTIONS
7 285