Oxnard City Council
March 1, 2022

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 / Council Discussion / Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Council Chambers, 305 West Third Street
March 1, 2022
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 842 9236 9695

3. Passcode: 114515
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:

1. EMAILING COMMENTS OR REQUESTING TO SIGN UP TO SPEAK BEFORE THE MEETING a. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (Please indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record.
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/citymeetings, 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. 1 AMENDED AGENDA
Sections B & C.1 Removed - Closed Session Canceled

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 2
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

C. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 5, 2022, as "Soroptimist STOP Human Trafficking and Sexual Slavery Awareness Day".

2. SUBJECT: Presentation of a Proclamation Designating the Month of March as "Women's History Month."
D. 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.

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

1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5) RECOMMENDATION: That the City Council:

1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency; and

2. Re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) The City’s COVID-19 Comprehensive Policy and Protocol imposes measures to promote social distancing; (ii) The Governor's proclaimed state of emergency remains in effect; (iii) Although the City's facilities reopened to the public on February 14, 2022, to slow the spread of community transmission, the City 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 3
Manager still requires meetings to be held virtually as often as possible; and (iv) As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
F. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

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

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

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

I. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the February 1, 2022 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Public Works Department
SUBJECT: Agreement A-8439 to Venco Electric, Inc. for Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26.

RECOMMENDATION: That the City Council approve and authorize the following for a total $528,000 in Project funds for the Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26 (Project No. 226505):

1. The Mayor to execute Agreement A-8439 with Venco Electric, Inc. in the amount of $440,000 for the Project;

2. A Project contingency amount of $44,000;

3. A Project allocation of $44,000 for engineering, inspection, survey and project management; and

4. A budget appropriation in the amount of $228,000 from the available fund balance in the Water Operating Fund (601).

Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 4
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Caltrans Master Agreement Administering Agency-State Agreement and Resolution, and Caltrans Freeway Maintenance Agreement.

RECOMMENDATION: That the City Council:

1. Approve and Authorize the Mayor to execute Master Agreement Administering Agency-State Agreement No. 07-5129S21 for State-Aid Projects (Agreement No. 9550-22-PW);

2. Adopt a resolution authorizing the Mayor or his or her designee to execute all future project or grant program supplemental agreements and related documents that fall under this Master Agreement; and

3. Approve and Authorize the Mayor to execute Freeway Maintenance Agreement No. VEN134101 (Agreement No. 9552-22-PW).

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

4. Public Works Department
SUBJECT: Agreement A-8422 with Pestmaster Services, L.P. to Provide Gopher Abatement Services.

RECOMMENDATION: 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. (Public Works and Transportation Committee approved 3-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

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

RECOMMENDATION: 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 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 5
$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.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: State of California Senate Bill 619 Resolution - Notification of Intent to Comply.

RECOMMENDATION: 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). (Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Housing Department
SUBJECT: Purchase and sale Agreement between the City of Oxnard and the Oxnard Housing Authority for the sale, in the amount of $1, of a single-family home located at 3139 J Street.

RECOMMENDATION: 1. That the City Council adopt a resolution authorizing the City Manager or designee to execute and take all needed actions in consultation with the City Attorney relative to entering into a purchase and sale agreement, a regulatory agreement, and a declaration of restrictive covenants by and between the City of Oxnard and the Oxnard Housing Authority for the sale of residential real property located at 3139 J Street.

2. That the Board of Commissioners of the Oxnard Housing Authority adopt a resolution approving and authorizing its Executive Director or designee to execute and take all needed actions in consultation with the Authority’s General Counsel relative to entering into a purchase and sale agreement, a regulatory agreement, and a declaration of restrictive covenants by and between the City of Oxnard and the Oxnard Housing Authority for the purchase of residential real properties located at 3139 J Street.

Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

8. Public Works Department
SUBJECT: Aquifer Storage and Recovery (ASR) Completion Project Easement Deed.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Grant of Easement to Southern California Edison Company for the property identified by the County Assessor as APN 202-0-010-720, as particularly described in the Easement Deed. 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 6
(This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

9. Finance Department
SUBJECT: Purchase Order (PO 8173) Increase Request for Tri-County Office Furniture.

RECOMMENDATION: That the City Council authorize the Mayor to execute an amendment for Purchase Order 8173 with Tri-County Office Furniture to increase the Purchase Order by $300,000 for a total amount not to exceed $500,000 for the purchase and installation of office furniture.

Legislative Body: City Council
Contact: Betsy George, 805-200-5400

10. Public Works Department
SUBJECT: Adoption of an Ordinance Repealing and Replacing Chapter 19, Article II, Solid Waste and Recycling.

RECOMMENDATION: That the City Council:

1. Determine that this Ordinance is exempt from California Environmental Quality Act (CEQA) under CEQA Guideline Section 15061 (b)(3), because the enhanced solid waste regulations, as provided for the proposed ordinance, will not have a significant effect on the environment, and the new State mandatory requirements strengthen the City’s handling of solid waste, recyclable materials and organic materials for the protection of the environment; and

2. Adopt an Ordinance repealing and replacing Chapter 19 of the Oxnard City Code relating to solid waste and recycling.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
J. REPORTS

1. Finance Department
SUBJECT: CalPERS Pension Liability Update – Presentation on Unfunded Accrued Liability (UAL), Concept of Restructuring UAL for a Lower Interest Rate and Recommendation to Initiate a Validation Process. (10/20/10)
RECOMMENDATION: That the City Council:

1. Receive a presentation from the City’s municipal advisor on the current status and projections for the CalPERS pension program, and discuss the concept of restructuring the City’s UAL; and

2. Approve a resolution authorizing the initiation of a validation process and form of Trust Agreement.
(Presentation will be live upon consultant's request).

Legislative Body: City Council
Contact: Betsy George, 805-200-5400
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 7

2. Finance Department
SUBJECT: FY 20-21 Annual Comprehensive Financial Report and Summary Presentation. (15/15/10)
RECOMMENDATION: That City Council receive the Fiscal Year 2020-21 Annual Comprehensive Financial Report (ACFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.
(Finance and Governance Committee approved 2-0.)
(Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Betsy George, 805-200-5400

3. Finance Department
SUBJECT: FY 2021-22 Budget Mid-Year Review. (0/10/5)
RECOMMENDATION: That City Council:

1. Receive an update on the FY 2021-22 revenue and expenditure projections for major funds;

2. Approve a budget appropriation request in the amount of $1,000,000 to Public Liability Fund (701) and $162,947 to Workers’ Compensation Fund (702) for an overall total appropriation of $1,162,947;

3. Adopt a resolution approving amendments to the Position Control Resolution; and

4. Adopt a resolution approving amendments to the Classification and Salary Schedule Resolution.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/9mBwVhVj0mU
Legislative Body: City Council
Contact: Betsy George, 805-200-5400

4. City Manager Department
SUBJECT: Update on Status and Accomplishments of Current Measure O Projects and Opening the Conversation regarding the Weaning Schedule. (0/10/10) RECOMMENDATION: That the City Council:

1. Receive and file the annual update; and

2. Open the conversation regarding the Measure O weaning schedule.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/6C11bCPNPN0
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487

5. City Attorney Department
SUBJECT: Introduction of an Ordinance Amending Oxnard City Code Section 2-2.5.Regarding the Boundaries and Identifying Number of Each City Council District. (5/10/10) RECOMMENDATION: That the City Council introduce an Ordinance for first reading (by title 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 1, 2022 PAGE 8
only, waiving further reading) that amends Oxnard City Code Section 2-2.5. regarding the boundaries and identifying number of each City Council district.

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
K. ADJOURNMENT
8 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.1
DATE: March 1, 2022
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Approval of Minutes.

RECOMMENDATION
That the City Council approve the minutes of the February 1, 2022 regular meeting as presented.

BACKGROUND
Approval of Minutes.

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 02 01 2022 CC Regular Meeting
9 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
February 1, 2022
A. ROLL CALL, POSTING OF AGENDA
At 6:01 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, 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. Mayor Pro Tem Bryan A. MacDonald and Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, and Gabriel (Gabe) Teran were present via videoconference. Mayor Zaragoza was present in person.

Councilmember Madrigal joined the meeting virtually at 6:34 p.m.

Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Zaragoza, Deputy City Attorney; and Rose Chaparro, City Clerk.

Staff members Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Jason Benites, Police Chief; Eric Sonstegard, Assistant Chief of Police; Alex Arnett, Police Commander; Christopher Williams, Police Commander; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana Arnaout, Senior Civil Engineer; Jan Hauser, Wastewater Division Manager; Eric L. Storrie, Special Districts Manager; Kevin Thompson, Parks Manager; Philip Schwieder, Streets Division Manager; Rebecca Guevara, PW Environmental Resources Administration; Todd Vasquez-Housley, Environmental Resources Division Manager; Emilio Ramirez, Housing Director; Vyto Adomaitis, Community Development Director; Jeff Pengilley, Community Development Assistant Director; Roger Brooks, CDD Code Compliance Manager (Retired); Betsy George, Chief Financial Officer; and Helen Miller, IT Director; Philip Molina, City Treasurer; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; participated via videoconference.

Kristen Parks, Consultant with National Demographics Corporation; and Todd Mooney, Special Counsel with Kane, Ballmer & Berkman also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.

C. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of February, 2022 as "Black History Month."
Mayor Zaragoza read the proclamation and presented it to Angela M. Landers with the Juneteenth Celebration of Ventura County; Kimberly Thomas-Kelley with the Ventura County Alumnae Chapter, Delta Sigma Theta Sorority, Inc.; and Julia Dixon with the 20th Century Onyx Club, they followed with remarks.

2. SUBJECT: Presentation Resolution #15,534 to Roger Brooks for over Twenty-Seven Years of Service to the City of Oxnard.
10 Mayor Zaragoza read the proclamation and presented it to Roger Brooks, Code Compliance Manager, who made some remarks. Vyto Adomaitis, Community Development Director and Karl Lawson representing the OMMA Board of Directors, acknowledged and thanked Roger for his years of service.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Lopez, to approve Resolution #15,534 as presented. VOTE: Teran, Basua, Zaragoza, Lopez, MacDonald, and Perello voted in favor; the motion carried 6-0. Councilmember Madrigal was absent during this vote.

D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Javier and Raquel (announced food channel events), Lucia Marquez (Public Hearing Request for Environmental Impact Review for the Port of Hueneme, Vehicle Storage Facility Extension, in South Oxnard), Natalia Espina (Public Hearing Request for Environmental Impact Review for the Port of Hueneme, Vehicle Storage Facility Extension, in South Oxnard), Manuel Herrera, Citizens for a Better Oxnard (Community Page on Facebook Page reached 10,000 members and thanked local officials), Deirdre Frank (TD Enterprise LLC dba Oxnard Holistics – Commercial Cannabis Business Retail Special Use Permit (SUP) Appeal) and Barbara Macri-Ortiz (Congratulated Roger Brooks on his retirement and thanked him for his service to the City of Oxnard).

E. REPORT OF CITY MANAGER

1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5) RECOMMENDATION: That the City Council:

1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency; and

2. Re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) The City’s COVID-19 Comprehensive Policy and Protocol imposes measures to promote social distancing; (ii) The Governor's proclaimed state of emergency remains in effect; (iii) Ventura County’s COVID-19 case rate is still considered widespread community transmission by the Centers for Disease Control and Prevention and the California Department of Public Health; (iv) On December 29, 2021, in response to the increased transmission of COVID-19 in Ventura County, the City Manager announced the closure of Oxnard City Hall, and most City facilities and programs; (v) The County of Ventura closed its buildings to the public effective Wednesday, January 5, 2022, for a three-week period, as a precautionary measure to slow the spread of COVID-19; and (vi) As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Alexander Nguyen, City Manager, presented and answered questions from Council.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, Zaragoza, and Basua voted in favor; the motion carried 7-0.

F. CITY COUNCIL REPORTS
Mayor Pro Tem MacDonald selected Red Ribbon Bakeshop as his recommendation for a local business. 11 Councilmember Perello selected Electric Motor Service Moriwaki Bros., as his recommendation for a local business. He announced that he has received several inquiries about the number of animals allowed in resident backyards and asked if this item can be considered for discussion at a future meeting.

He also added that the trash pick-up is not consistent and asked staff to consider additional trash pickups in high density apartment buildings. He reminded the public to utilize the 311 application to report items that need attention from the City.

Councilmember Teran selected Tacos Don Chente as his recommendation for a local business. He virtually attended the League of California Cities Conference for New Mayors and Councilmembers. He attended the RiverPark Neighborhood Council meeting. Thanked Environmental Resources staff for assisting residents. Also, thanked the 311 application staff that responds to illegal dumping reports.

Councilmember Basua selected Dominick’s Italian Restaurant as her recommendation for a local business. Asked staff to consider the request to hold a public hearing regarding the Environmental Impact Review for the Port of Hueneme, Vehicle Storage Facility Extension, in South Oxnard.

Councilmember Lopez selected El Pollo Norteno as her recommendation for a local business. She attended the Port of Hueneme and Navy Leadership Ceremony to celebrate the arrival of the first container vessel with goods from Asia. She reported that she attended the Regional Defense Partnership for the 21st Century (RDP-21) Board meeting and plans to attend the upcoming Camarillo and Oxnard Airport Authority Commission meeting.

Councilmember Madrigal selected The Best Breakfast Restaurant as his recommendation for a local business. He is thankful that students have been allowed to continue to play sports during the pandemic.

Mayor Zaragoza selected Dignity Health as his recommendation for a local business. He also attended the Port of Hueneme and Navy Leadership Ceremony to celebrate the arrival of the first container vessel and thanked Councilmember Lopez for attending as well.

G. REVIEW OF INFORMATION/CONSENT AGENDA
Items I-1 through I-7 were discussed among the Council and staff.

H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) I. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the January 4, 2022 regular meeting and the January 6, 2022 special meeting as presented.

2. Public Works Department
SUBJECT: Second Amendment to Huitt-Zollars, Inc. Agreement 8790-19-PW – Oxnard Boulevard Bicycle Facilities Installation.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8790-19-PW with Huitt-Zollars, Inc., in the amount of $43,598 for a new not to exceed agreement amount of $243,561 for the Oxnard Boulevard Bicycle Facilities Installation, PW 19-96, Project No.183101.
(This item did not originate in Committee as this is a capital improvement project specifically listed 12 in the City's Capital Improvement Program.)

3. Public Works Department
SUBJECT: Agreement A-8427 to GSE Construction Company, Inc. for the Blending Station 4 Pipe Island Improvement Project, Specification No. PW 21-77.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $370,375 in Project funds for the Blending Station 4 Pipe Island Improvement Project, Specification No. PW 21-77 (Project No. 226505):

1. The Mayor to execute Agreement A-8427 with GSE Construction Company, Inc. in the amount of $296,300 for the Project;

2. A Project contingency amount of $44,445; and

3. A Project allocation of $29,630 for engineering, inspection, and project management. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)

4. Police Department
SUBJECT: Tobacco Grant Program Award FY 2021-2025
RECOMMENDATION: That City Council adopt Resolution #15,535:

1. Authorizing the City Manager a prior execution and submission of an application for the U.S.

Department of Justice (DOJ) grant funds in the amount of $410,944.00 from the Tobacco Grant Program FY 2021-2025.

2. Authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the California Department of Justice (DOJ) to receive and expend grant funds, and designating the City of Oxnard as the fiscal agent for the Tobacco Grant Program;

3. Authorizing the City Manager or designee to execute grant agreements and appropriate funds upon notification of grant award;

4. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims, and approve administrative budget appropriation for the use of Tobacco Grant funds upon award; and

5. Authorizing the Chief of Police or designee to submit program-related progress or status reports.

5. Housing Department
SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2021.

RECOMMENDATION: That the City Council receive and file the 2021 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board.

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

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:

1. Agreement A-8409 with Encompass Consultant Group in the amount not to exceed $1,000,000 for a three year term;

2. Agreement A-8405 with MNS Engineers, Inc. in the amount not to exceed $1,000,000 for a three year term;

3. Agreement A-8392 with Kimley-Horn & Associates in the amount not to exceed $1,000,000 for a 13 three year term;

4. Agreement A-8391 with Fehr & Peers in the amount not to exceed $1,000,000 for a three year term;

5. Agreement A-8393 with GHD, Inc. in the amount not to exceed $1,500,000 for a three year term;

6. Agreement A-8394 with Iteris, Inc. in the amount not to exceed $1,000,000 for a three year term;

7. Agreement A-8411 with Kennedy/Jenks Consultants, Inc. in the amount not to exceed $750,000 for a three year term;

8. Agreement A-8412 with Rincon Consultants, Inc. in the amount not to exceed $500,000 for a three year term;

9. Agreement A-8413 with Carollo Engineers, Inc. in the amount not to exceed $750,000 for a three year term;

10. Agreement A-8414 with Environmental Science Associates in the amount not to exceed $500,000 for a three year term;

11. Agreement A-8383 with Leighton Consulting, Inc. in the amount not to exceed $750,000 for a three year term;

12. Agreement A-8388 with RRM Design Group in the amount not to exceed $1,000,000 for a three year term; and

13. Agreement A-8418 with m6 Consulting Inc. in the amount not to exceed $500,000 for a three year term.
(Public Works and Transportation Committee approved 3-0)

7. Public Works Department
SUBJECT: First Amendment with Various Consultants for Wastewater and Recycled Water Treatment Process Support.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to the following wastewater and recycled water treatment process support consultant services:

1. Agreement A-8283 with Dudek in the amount of $300,000 for a new not to exceed amount of $400,000;

2. Agreement A-8285 with GHD, Inc., in the amount of $300,000 for a new not to exceed amount of $400,000;

3. Agreement A-8287 with Kennedy/Jenks Consultants, Inc., in the amount of $300,000 for a new not to exceed amount of $475,000; and

4. Agreement A-8289 with Carollo Engineers, Inc., in the amount of $300,000 for a new not to exceed amount of $475,000.
(Public Works and Transportation Committee approved 3-0.) It was moved by Councilmember Teran, seconded by Councilmember Perello, to approve the Information/Consent items as presented. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez voted in favor; motion passed 7-0.

J. PUBLIC HEARINGS

1. City Attorney Department
SUBJECT: Public Hearing Regarding Redistricting of City Council Districts (15/30/30) RECOMMENDATION: That the City Council conduct a public hearing regarding the redistricting process for City Council districts and receive a presentation from the City’s redistricting consultant regarding the maps that have been submitted.
(This item did not originate in Committee.)
14 The City Clerk announced the affidavit of publication and stated that written communications were received and forwarded to Council.

Kenneth Rozell, Chief Assistant City Attorney, introduced Kristen Parks, Consultant with National Demographics Corporation, who presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Ronald Arruejo, Maria Navarro, and Barbara Macri-Ortiz.

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

Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

K. REPORTS

1. City Treasurer
SUBJECT: City Treasurer's Quarterly Investment Report for the Period Ending December 31, 2021. (0/10/10)
RECOMMENDATION: That the City Council receive and file the Quarterly Investment Report for the period ending December 31, 2021.
(This item did not originate in Committee.)
Philip Molina, City Treasurer, was available to answer questions. No public comments were received.

Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

2. Information Technology Department
SUBJECT: Oxnard 311 - Performance Update Report. (0/10/10) RECOMMENDATION: That the City Council receive an update on the fifth year (and first half of year 6) performance of the Oxnard 311 Constituent Relationship Management System. (Community Services, Public Safety, Housing & Development Committee approved 3-0.) Shiri Klima, Deputy City Manager, introduced Helen Miller, IT Director, who presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

3. Housing Department
SUBJECT: Designation of Fifty-Three Parcels as Surplus Lands. (0/10/5) RECOMMENDATION: 1. That the City Council adopt Resolution #15,536. a. affirming the City Council’s declaration of certain surplus lands described in Exhibit A to Resolution #15,536;
b. authorizing the City Manager or designee to send notices of availability as to the surplus lands; and
c. authorizing the City Manager or designee to do all things which are deemed necessary or proper to effectuate the purposes of the Resolution, including but are not limited to, negotiating in good faith in accordance with the requirements of the Surplus Land Act. 15 2. That the Parking Authority adopt a Parking Authority Resolution #28. a. affirming the Parking Authority’s declaration of certain surplus lands described in Exhibit A to the Parking Authority Resolution #28;
b. authorizing the City Manager or designee to send notices of availability as to the surplus lands; and
c. authorizing the City Manager or designee to do all things which are deemed necessary or proper to effectuate the purposes of the Resolution, including but are not limited to, negotiating in good faith in accordance with the requirements of the Surplus Land Act.

Emilio Ramirez, Housing Director, presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Councilmember Teran, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Lopez, Perello, Teran, and Zaragoza voted in favor, MacDonald, Madrigal, and Basua, voted against; motion passed 4-3.

At 9:56 p.m. City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

It was moved by Councilmember Perello, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, Zaragoza, and Basua voted in favor; the motion carried 7-0.

4. Public Works Department
SUBJECT: Agreement A-8433 to Taft Electric Company for Traffic Signal Modifications Project (7 Signals), Specification No. PW 19-98. (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the following for a total of $3,599,880 in Project funds for the Traffic Signal Modifications Project (7 Signals), Specification No. PW 19-98 (Project No. 183114):

1. The Mayor to execute Agreement A-8433 with Taft Electric Company in the amount of $2,999,900 for the Project;

2. A Project contingency amount of $299,990;

3. A Project allocation amount of $299,990 for engineering, inspection, survey and project management; and

4. A budget appropriation recognizing grant revenue and appropriation of $860,783 from the Federal Transportation Grant Fund (275) and appropriation of $954,145 from the fund balance of the Air Pollution Buydown Fee Fund (118) for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Tatiana Arnaout, Senior Civil Engineer, presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Zaragoza, Basua, Lopez, MacDonald, Madrigal, Perello, and Teran voted in favor; motion passed 7-0.
16 5. Public Works Department
SUBJECT: Introduction of Ordinance #3007 Repealing and Replacing Chapter 19, Article II, Solid Waste and Recycling. (0/10/10)
RECOMMENDATION: That the City Council:

1. Determine that the proposed ordinance is exempt from California Environmental Quality Act (CEQA) under CEQA Guideline Section 15061 (b)(3), because the enhanced solid waste regulations, as provided for the proposed ordinance, will not have a significant effect on the environment, and the new State mandatory requirements strengthen the City’s handling of solid waste, recyclable materials and organic materials for the protection of the environment; and

2. Introduce Ordinance #3007 for first reading (by title only, waiving further reading), repealing and replacing Chapter 19 of the Oxnard City Code relating to solid waste and recycling.

Michael Wolfe, Public Works Director, presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Mayor Zaragoza, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Perello, Teran, Zaragoza, Basua, Lopez, MacDonald, and Madrigal voted in favor; motion passed 7-0.

6. City Attorney Department
SUBJECT: Council Procedures Manual Update. (0/10/10)
RECOMMENDATION: That the City Council adopt Resolution #15,537 adopting the updated Council Procedures Manual.
(Finance and Governance Committee approved 2-0.)
Stephen M. Fischer, City Attorney, presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Teran, Lopez, Perello, and Zaragoza voted in favor; motion passed 7-0.

L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:25 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
17 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.2
DATE: March 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement A-8439 to Venco Electric, Inc. for Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26.

RECOMMENDATION
That the City Council approve and authorize the following for a total $528,000 in Project funds for the Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26 (Project No. 226505):

1. The Mayor to execute Agreement A-8439 with Venco Electric, Inc. in the amount of $440,000 for the Project;

2. A Project contingency amount of $44,000;

3. A Project allocation of $44,000 for engineering, inspection, survey and project management; and

4. A budget appropriation in the amount of $228,000 from the available fund balance in the Water Operating Fund (601).

BACKGROUND
Blending Station No. 3 consists of four groundwater wells, a connection to United Water Conservation District, a connection to Calleguas Municipal Water District, and pipework required to blend the different water sources. The Blending Station No. 3 Variable Frequency Drive Replacement Project (the “Project”) includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to replace all four (4) Variable Frequency Drives (VFD) at Blending Station No. 3 located at the intersection of Solar Drive and Wankel Way in Oxnard. The VFDs at the blending station are beyond their useful life cycle, no longer supported by the manufacturer, and currently nonoperational. A VFD is an electronic drive that adjusts the well motor speed providing continuous and precise control of the well pumping process.

Capital Improvement Project (CIP) Reference:

Project No. 226505 – Blending Station No. 3 Variable Frequency Drive Replacement Project PW 22-26 - CIP 2021- 2026 - Adopted May 18, 2021 – Page 178.

DISCUSSION
As the Blending Station 3 VFDs have reached the end of their useful life, parts and components have been replaced at an increasing rate. As the VFDs are no longer supported by the manufacturer, replacement parts are difficult to procure. The replacement of the VFDs will allow for full operation of Blending Station 3, ensuring the maximum use of local groundwater.

The notice inviting formal bids (NIFB) on the Project was published on December 30, 2021, and all bids were due on 18 January 24, 2022. The City received the following bids:

Venco Electric Inc.: $440,000
Oilfield Electric & Motor: $458,600
Taft Electric Co.: $485,000
Waisman Construction, Inc.: $514,000
Smith Mechanical, Electrical, Plumbing: $522,240 (rejected)

The lowest bidder is Venco Electric, Inc. (“Venco”) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Venco 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 Venco.

In addition to the construction amount noted above, a 10% project contingency of $44,000 and 10% engineering service and staff time of $44,000 are necessary to perform inspection, survey, labor compliance, and project management, for a project total of $528,000.

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

FINANCIAL IMPACT
The total cost for this Project is $528,000 which includes the construction agreement, contingency and project allocation.

The Blending Station No. 3 Variable Frequency Drive Replacement Project No. 226505 has an available project budget balance of approximately $300,000 from the Water Operating Fund (601). An additional budget appropriation of $228,000 is needed to award the contract and will be funded from the available fund balance of the Water Operating Fund (601).

COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-9349 Venco Electric PW 22-26
19 Agreement No. A-8349
1 CONTRACT

CITY OF OXNARD CONTRACT FOR
BLENDING STATION NO. 3 VARIABLE FREQUENCY DRIVE REPLACEMENT PROJECT SPECIFICATION NO. PW 22-26
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 VENCO ELECTRIC, INC., (“Contractor”). Contractor’s license number is 446770.

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 Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Blending Station No. 3 Variable Frequency Drive Replacement Project Specification No. PW 22-26 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of four hundred forty thousand dollars ($440,000) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. 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. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are 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.

6. 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 20 Agreement No. A-8349
2 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.”

7. 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.

8. 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.

9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

10. Amendment. No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. 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.
[signatures on following page]

21 Agreement No. A-8349
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD VENCO ELECTRIC, INC.

John C. Zaragoza, Mayor1 Date Roy Martin, CEO2 Date
Alexander Nguyen, City Manager
Purchasing Manager
[name] , Buyer
Jennifer Morris, 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.
22 Exhibit INS-E

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(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 $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. 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 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-E. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No. A-8349
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-E or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or 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 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.

23 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 sample accord form.

INS-E.doc
24 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 $2,000,000 PRODUCTS COMP/OP AGG. $2,000,000 PERSONAL & ADV. INJURY $2,000,000 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, 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-8349
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

25 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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

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:

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.

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 maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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.

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.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No.______ A-8349_
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
SAMPLE
26 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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE 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 insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8349
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
SAMPLE
27 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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26.

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 Payment 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 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 referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this amount
being not less than a hundred percent (100%) of the total 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.

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 may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 28 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 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)
Notes: 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. Date of Bond must not be before the Effective Date of the Contract. 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.

29 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to _______

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as Blending Station No. 3 Variable Frequency Drive Replacement Project Specification No. PW 22-26.

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 Dollars ($ ), this
amount being not less than a hundred percent (100%) of the total 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, assignees, 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, 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, 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, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; 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 thereunder or the Specifications accompanying the same 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 or to the Specifications. 30 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.

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)
Notes: 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. Date of Bond must not be before the Effective Date of the Contract. 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.
31 EXHIBIT A
32 33

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.3
DATE: March 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Caltrans Master Agreement Administering Agency-State Agreement and Resolution, and Caltrans Freeway Maintenance Agreement.

RECOMMENDATION
That the City Council:

1. Approve and Authorize the Mayor to execute Master Agreement Administering Agency-State Agreement No. 07- 5129S21 for State-Aid Projects (Agreement No. 9550-22-PW);

2. Adopt a resolution authorizing the Mayor or his or her designee to execute all future project or grant program supplemental agreements and related documents that fall under this Master Agreement; and

3. Approve and Authorize the Mayor to execute Freeway Maintenance Agreement No. VEN-134101 (Agreement No. 9552-22-PW).

BACKGROUND
The California Department of Transportation (Caltrans) has updated their 2006 boilerplate Master Agreement Administering Agency-State Agreement. Caltrans intends to ensure the agreement language is in accordance with current state requirements and procedures. In order to qualify for state grants, public entities must first execute a master agreement that lays the foundation for the relationship between the two agencies. Later, Caltrans and the public agency execute supplemental agreements and related documents that outline particular grants and their related projects. The City’s existing Master Agreement Administering Agency-State Agreement and accompanying Resolution was executed in November 2016.

Caltrans has also updated their boilerplate Freeway Maintenance Agreement, which identifies freeway rights of way within and immediately adjacent to the City and the states associated facilities, such as bridges and bicycle facilities. In the past Caltrans would request additional agreements as changes to the state highway system were made. The new boilerplate will encompass all existing Freeway Agreements from 1969-1971 and Freeway Maintenance Agreements from 2006 and 2009. Project specific maintenance agreements such as the Rice Avenue/U.S.101 Interchange and new Rice Avenue & Fifth Street/State Route 34 grade separation project will remain in effect.

DISCUSSION
Caltrans is requiring that the City execute a new master agreement for forthcoming state grant funded projects. This will supersede the City’s existing agreement adopted in 2016. Much of the agreement remains the same, however some of the notable updates include language relating to the local agency employee in responsible charge (a full-time public employee shall be responsible), invoice procedures, audit requirements, and updates to fair employment practices.

Caltrans does not issue amendments to their master agreements, but rather replaces them. The City must execute the new master agreement before the City can process invoices for grant reimbursements. As grants are awarded, Caltrans will 34 issue a Program Supplement Agreement (PSA) and related documents for each grant or project. The PSA’s will state the particular grant’s requirements if they are more specific than those listed in the master agreement, such as if particular funds need to be used for specific purposes. PSA’s and related documents have quick turnaround times, so having to bring each supplemental agreement to the City Council could result in the City losing the state funding due to passing deadlines. Thus, the City Council has authorized the Mayor or his designee to execute supplemental agreements and related documents with Caltrans without further City Council authorization as per Resolution 14,967. Since Caltrans is requiring the City to enter into a new master agreement, staff requests that the City Council once again authorize the Mayor or his designee to execute all future supplemental agreements and related documents with Caltrans that fall under this particular master agreement without further City Council authorization. Staff requests that the City Council authorize the Mayor to execute the new Master Agreement Administering Agency-State Agreement No. 07-5129S21 for State-Aid Projects (Agreement No. 9550-22-PW) and Resolution 21xxx.

Caltrans is also requiring that the City execute a new Freeway Maintenance Agreement, which will combine and supersede existing agreements adopted in 2006 and 2009. In prior years the City and Caltrans executed Freeway Agreements (maintenance not in the title). The new Freeway Maintenance Agreement also identifies the proposed Rice Avenue & Fifth Street/State Route 34 grade-separation bridge, and the Wagon Wheel development flood wall/berm work to be located along Caltrans right of way adjacent to the U.S. 101 Ventura Road Exit. Staff requests that the City Council authorize the Mayor to execute the new Freeway Maintenance Agreement No. VEN-134101 (Agreement No. 9552-22- PW).

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

FINANCIAL IMPACT
There are no fiscal impacts with the recommended actions. The Master Agreement Administering Agency-State Agreement outlines the general terms and conditions of obtaining and utilizing state grants. It lists state requirements and limitations on how state funds can be used. The Freeway Maintenance Agreement outlines the state’s right of way and general terms of maintenance expectations between Caltrans and the City. These master agreements are not related to particular projects and do not have any financial impact on their own.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. SFM No. 9550-22-PW No.07-5129S21

2. Resolution

3. FMA No. 9552-22-PW No.VEN-134101 (3)
35 Agreement No. 9550-22-PW

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
07 City of Oxnard
-------- ---------------------------------------------- District Administering Agency
Agreement No. 07-5129S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Oxnard, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:
36 Agreement No. 9550-22-PW

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
37 Agreement No. 9550-22-PW

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities. 38 Agreement No. 9550-22-PW

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING 39 Agreement No. 9550-22-PW

AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. 40 Agreement No. 9550-22-PW

(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING 41 Agreement No. 9550-22-PW

AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. 42 Agreement No. 9550-22-PW

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall 43 Agreement No. 9550-22-PW

not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304.

If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period 44 Agreement No. 9550-22-PW

as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, 20from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other 45 Agreement No. 9550-22-PW

evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance 46 Agreement No. 9550-22-PW

Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT.

ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These 47 Agreement No. 9550-22-PW

disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable, any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pending of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse 48 Agreement No. 9550-22-PW

condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. 49 Agreement No. 9550-22-PW

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By______________________________
________________________________
Chief, Office of Project Implementation
Division of Local Assistance
Date __________________________

CITY OF OXNARD
By______________________________
________________________________
Mayor,
City of Oxnard
Date __________________________
50 Agreement No. 9550-22-PW

EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For 51 Agreement No. 9550-22-PW

willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
52 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AUTHORIZING

THE MAYOR TO EXECUTE ALL SUPPLEMENTAL AGREEMENTS AND RELATED DOCUMENTS REQUIRED UNDER CALTRANS MASTER AGREEMENT NO. 07-5129S21

WITHOUT FURTHER COUNCIL AUTHORIZATION
WHEREAS, the City of Oxnard (City) utilizes and relies on grants and other funding from the California Department of Transportation (Caltrans); and WHEREAS, the City wishes to continue obtaining grants and other funding from Caltrans; and WHEREAS, Caltrans has required the City to enter into Master Agreement Administering Agency-State Agreement for State-Funded Projects No. 07-5129S21 (Master Agreement) in order to obtain such Caltrans grants and funding in the future; and WHEREAS, the City Council has approved the Master Agreement and authorized the Mayor to execute the Master Agreement; and
WHEREAS, in the past, the City Council has authorized the Mayor or his designee to execute all project-specific supplemental agreements and related documents with Caltrans without further City Council authorization; and
WHEREAS, the City now wishes to again authorize the Mayor or his or her designee to execute all future supplemental agreements and related documents that fall under this Master Agreement without further City Council authorization.

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

1. The City Council hereby determines that all recitals listed above are true and correct and hereby incorporates those recitals into this resolution.

2. The City Council hereby authorizes the Mayor or his or her designee to execute all supplemental agreements and related documents under the Master Agreement without further City Council authorization.

PASSED, APPROVED AND ADOPTED on this ____ day of ______, 2022 by the following vote:

AYES:

NOES:
53 ABSENT:

ABSTAIN:
________________________________________
John C. Zaragoza, Mayor
ATTEST:
___________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
54 1
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW

FREEWAY MAINTENANCE AGREEMENT
WITH

CITY OF OXNARD
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Oxnard; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. On February 3, 1969, March 10, 1970, January 26, 1971 Freeway Agreements were executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SR) 1 and 101, declared a freeway, within the jurisdictional limits of the CITY.

2. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits.

3. There are existing Freeway Maintenance Agreements, with CITY dated; July 18, 2006 and March 3, 2009. This Agreement is meant to replace or supersede the earlier Freeway Maintenance Agreements.

NOW THEREFORE IT IS AGREED:

SECTION II

AGREEMENT

1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES on July 18, 2006 and March 3, 2009.

2. Pursuant to Section 5 of the Freeway Agreements, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other STATE constructed local roads, except for any portion which is adopted by STATE as a part of the freeway proper.

3. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 55 2
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW

4. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that attached hereto, Exhibit A, B and C and made a part hereof by this reference.

5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES’ maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A, B and or C by a mutual written-execution of each of the exhibits.

6. CITY must obtain the necessary Encroachment Permits from STATE’s District 07 Encroachment Permit Office prior to entering STATE right of way to perform CITY’s maintenance responsibilities. This permit will be issued at no cost to CITY.

7. VEHICULAR OVERCROSSINGS

7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, fibers, etc.) that may be required for the benefit or control of traffic using that overcrossing.

7.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense.

8. PEDESTRIAN/BICYCLE OVERCROSSINGS (non-vehicular) constructed as a permitted encroachment within STATE’s right of way. CITY is solely responsible for, but not limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities, graffiti removal, sweeping and debris removal, signing, and striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle use along the entire length of the structure and the public use of the STATE highway beneath, by providing structure inspection, and structure maintenance.

9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS

9.1. CITY will maintain the CITY paved roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities, and fiber 56 3
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
that may be required for the benefit or control of traffic using that undercrossing.

9.2 CITY will request STATE’s District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE’s Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way.

10.WALLS, SOUNDWALLS, AND COLUMNS – CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.

11. LANDSCAPED AREAS CITY/COUNTY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.

12.INTERCHANGE OPERATION - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.

13.ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES

13.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges and at ramp connections to CITY streets and roads of SR 1, 34, 101 shall be shared by the PARTIES through an “Electrical Cost Sharing Agreement”. There is an existing “Agreement of Sharing Cost for State Highway Electrical Facilities with the State of California” dated; August 1, 1986.

13.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE.

14.BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the 57 4
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

15.CITY is solely responsible to inspect and maintain the entire structure of flood wall/berm and flood protection system constructed as permitted encroachments over and near old Wagon Wheel, including but not limited to, landscape and irrigation. drainage devices and fencing, and slope stabilization, as shown on Exhibit C. CITY is responsible to keep the flood wall and berm free of dirt and graffiti.

16. LEGAL RELATIONS AND RESPONSIBILITIES

16.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

16.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

16.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

17.PREVAILING WAGES:

17.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, 58 5
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

17.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

17.3. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the Agreement location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

17.4. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY ‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

18. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

19. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
59 6
FMA with the Entire City of Oxnard
City of Oxnard Agreement No. 9552-22-PW
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF OXNARD STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION
By: __________________________ __________________________ Mayor TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: __________________________ __________________________ City Manager Godson Okereke
Deputy District Director, Acting
Maintenance District
ATTEST
By: __________________________
City Clerk
As to Form and Procedure:

By: __________________________ By: __________________________ City Attorney Attorney
Department of Transportation
60 7

EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
61 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 1, 34, 101 1 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE
VARIES

TITLE SHEET
DEL NORTE Blvd OCBRIDGE No. 52 0271
BRIDGE No. 52 0456RICE Ave OC
ROSE Ave OC
BRIDGE No. 52 0438
VINEYARD Blvd OC
BRIDGE No. 52 0454
OXNARD Blvd OC
BRIDGE No. 52 0188
CITY
OF
OXNARD
CITY
OF

VENTURA
LEGEND:

CITY'S JURISDICTION LINITS
BRIDGE No. 52 0499
VENTURA Rd UC
RICE Ave OC
PLEASANT VALLEY Rd OCBRIDGE No. 52 0443

COUNTY OF VENTURACITY OF OXNARD C

OUNTYOFVENTURA

CITYOFOXNARD
ROUTE 101
ROUTE34
ROUTE 1
62 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 101 7 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

23.7 BRIDGE NUMBER 52 0499

VENTURA ROAD UNDERCROSSING
LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS ROUTE 101
OXNARD
Blvd
63 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 101 6 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

22.0 BRIDGE NUMBER 52 0188

OXNARD BOULEVARD OVERCROSSING
ROUTE 101
OXNARD
B
lvd
LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS 64 EXHIBIT "A"

NO SCALE

POST MILES
07 LA 101 5 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

21.98 VINEYARD
Ave
ROUTE 101
BRIDGE NUMBER 52 0454

VINEYARD AVENUE OVERCROSSING
LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS 65 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 101 4 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

21.01 LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS BRIDGE NUMBER 52 0438

ROSE AVENUE OVERCROSSING
R
O
S
E
A
v
e
O
V
E
R
C
R
O
S
S
IN
G
66 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 101 3 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

20.08 LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS BRIDGE NUMBER 52 0456

RICE AVENUE OVERCROSSING
RICE
Av
e

OVERCRO
S
S
ING ROUTE 101
67 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 101 2 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

19.17 DELNORTEBlvd
ROUTE 101
LEGEND:

BRIDGE NUMBER 52 0271

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS

DEL NORTE BOULEVARD OVERCROSSING
68 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 34 8 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

6.4 LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS

RICE AVENUE OVERCROSSING
RICE
Av
e
ROUTE 34

CITY OF OXNARDCOUNTY OF VENTURA

CITY'S JURISDICTION LINITS
69 EXHIBIT "A"

NO SCALE

POST MILES
07 VEN 1 9 9
SHEETS

SHEET TOTAL
No. DIST COUNTY ROUTE

15.01 LEGEND:

CITY IS RESPONSIBLE TO MAINTAIN AT CITY'S EXPENSESTATE'S RIGHT OF WAY LIMITS P
L
E
A
S
AN
T
V
A
L
L
E
Y
R
d
BRIDGE NUMBER 52 0443

PLEASANT VALLEY ROAD OVERCROSSING
70 EXHIBIT B
(Letter of Certificate of City of Oxnard Statement of Self Insurance) California Department of Transportation
100 South Main Street, MS 03
Los Angeles, CA 90012 March 1, 2022
ATTN: Godson Okereke, Acting Deputy District Director, Maintenance RE: Statement of Self Insurance for the City of Oxnard (CITY) Related to Freeway Maintenance Agreement with State of California Department of Transportation (“STATE”) for the maintenance responsibilities of CITY within STATE’s right of way along Highway 1, 34, 101.

Dear Mr. Okereke,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering thirdparty claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 16.3 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,
Betsy George,
Chief Financial Officer
City of Oxnard
71 EXHIBIT C
(Individual maintenance items that are not provided for in the body of the Agreement.) None.
72 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.4
DATE: March 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement A-8422 with Pestmaster Services, L.P. to Provide Gopher Abatement Services.

RECOMMENDATION
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. (Public Works and Transportation Committee approved 3-0.)

BACKGROUND
On October 11, 2021, the City issued a formal Request for Proposal (RFP) PW 22-24 for gopher abatement services at citywide facilities. The RFP closed on November 4, 2021. Of the five vendors that submitted bids, Pestmaster Services, L.P., was selected as the most qualified provider of gopher abatement services.

DISCUSSION
This Agreement with Pestmaster Services, L.P. includes monthly treatments at two (2) Wastewater facilities and all City and Special District Parks. If new gopher activity is identified within the same month of treatment, the vendor will return and treat those areas at no additional charge. There are also provisions for treatments that are not identified in the monthly services, should the need arise for treatments at other public facilities. The cost for additional treatments range from $84.98 per acre to $134.98 per acre each month depending on the level of infestation. These areas are not assigned to specific budgets since they are identified "As-needed” services that will be paid only if funds are available within the budgets assigned to the areas requiring treatment. Additionally, this agreement also allows for the adjustment of service levels to match Citys’ field and budget needs.

Staff has confirmed that Pestmaster Services, L.P. meets all required City contractual provisions including pest control licenses, possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.

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
73 The total cost for this Agreement with Pestmaster Services, L.P. shall not exceed $375,000 over 3 years. Services will commence on April 1, 2022 and there are sufficient funds available in the FY 2021-22 Parks operating budget (101-5701- 805-8209), the Special Districts operating budget (174-1606-805-8209), and the Wastewater operating budget (621-6205- 842-8209). The funding for future years will be included in the Department/Division budget requests for each fiscal year.

There is an estimated 5% inflation increase factored starting in FY 2022-23.

The following table shows the estimated spending plan for the Parks, Special Districts, and Wastewater divisions. “Asneeded” costs are estimated within the Agreement to address additional services that may be requested for other Facilities provided the funding is available within the associated budgets.

Estimated Spending Plan
FY 2021-22
3 months
FY 2022-23
12 months
FY 2023-24
12 months
FY 2024-25
9 months TOTAL
Parks $17,251 $72,455 $76,078 $59,911 $225,696
Special Districts $6,749 $28,346 $29,764 $23,439 $88,298 Wastewater $1,198 $5,031 $5,283 $4,160 $15,673
As-needed $3,000 $15,000 $15,000 $12,333 $45,333
Total $28,198 $120,832 $126,125 $99,843 $375,000

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on February 8, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement No. A-8422
74 AGREEMENT FOR TRADE SERVICES

COVER PAGE
(1) Agreement Start Date: April 1, 2022
(2) Vendor: Pestmaster Services, L.P.
(3) Services: Gopher control in City Parks
(4) Schedule of Services: Monthly Gopher Treatment at City Locations (5) Agreement Ending Date: March 31, 2023
(6) Total Agreement Amount: $375,000
(7) City’s Project Manager: Kevin Thompson
(8) Vendor’s Project Manager: Terry Carvey
(9) Insurance Coverage: INS-D
(10) What wages are required for this Project?
☐ Living 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.
☐ Prevailing 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 living wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neither 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:

Pestmaster Services, L.P. City of Oxnard
Attn: Terry Carvey, Operations Manager Attn:, Kevin Thompson, Parks Manager 9716 S. Virginia St. Ste E-F 305 West Third St. 3rd Floor Reno, NV 89511 Oxnard, CA 93030
(12) Contact Emails:

VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] [email protected]
The Agreement 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 of Services Exhibit ☐ Living Wage Policy Exhibit ☐ Rates and Costs Exhibit ☐ Prevailing Wages Exhibit
☐ Schedule of Services Exhibit ☐ Insurance Exhibit (INS-D) Agreement No. A-8422 Page 1 of 78
75 AGREEMENT FOR TRADE SERVICES
THIS 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 Page (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 the Rates 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 there 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 to 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, finished 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 any Vendor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties.

No such 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 Agreement No. A-8422 Page 2 of 78
76 unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

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 the Services. Vendor may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing 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 the process of providing the Services or any portion thereof, the City’s Project Manager 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 City’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 in 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 maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. 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 the notice, 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. Such termination 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 performance Agreement No. A-8422 Page 3 of 78
77 by 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 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.

To 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 misconduct of any of the Indemnitees.
a. The 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 City Attorney immediately upon tender to Vendor of the claim in any form or at any stage of an action 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 defense 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. The 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. Maintenance 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. All 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 Vendor 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, AGREEMENT FOR TRADE SERVICES (V-11/29/18)
Agreement No. A-8422 Page 4 of 78
78 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. 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 expense to the City. In both situations, if Vendor prepares Documents and Materials on a computer, Vendor shall provide City with said Documents 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 to the City pursuant to this Agreement.
c. Any substantive 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. Vendor 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 Services 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, claim 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 and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 17 shall survive the termination of this Agreement.

18. Confidentiality of Information.
a. For 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, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source 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 Vendor in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, 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. Notwithstanding 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 Agreement No. A-8422 Page 5 of 78
79 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 and a reasonable opportunity for 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, direction, 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 shall 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 authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Vendor and its employees are not employees of City. Vendor 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 prevailing wages. In the event of a conflict between the Agreement No. A-8422 Page 6 of 78
80 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.

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. 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. If either the second or third option is selected in response to (10) on the 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, sexual 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 shall 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 extent 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.

Agreement No. A-8422 Page 7 of 78
81 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 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 Government 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 assign 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 any reason 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 protection 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 way 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 shall 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 Agreement 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.

Agreement No. A-8422 Page 8 of 78
82 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.

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 construction 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, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation 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 business 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 Project 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]
Agreement No. A-8422 Page 9 of 78
83 Agreement No. A-8422 Page 10 of 78
84 SCOPE OF SERVICES EXHIBIT
Scope:

The vendor will inspect all identified treatment areas monthly. In any areas showing recent gopher activity the contractor will provide intensive treatments sufficient enough to gain full control of that area. Full control is defined as no new visible gopher activity. If new gopher activity is identified within that same month, the vendor will return and treat those areas at no additional charge. The vendor will develop an Integrated Pest Management plan, if necessary, to gain control of gopher infestations, if traditional methods are not successful.

Pest Coverage:

Pocket gophers.

Documentation:

Treatment schedules, written reports and recommendations will be provided to City Staff at agreed upon intervals, but no less than monthly. Vendor will grant City access to its online software for access inspection schedules, treatments, and record keeping.

Control Methods:

The preferred treatment method is with a machine using heated smoke and carbon monoxide through the use of a Pressurized Exhaust Rodent Control machine. Bait may be used with City Staff’s prior approval in areas where full control is not being achieved with the carbon monoxide method. All alternatives methods utilized will be approved by City Staff and must be AB 1788 compliant.

Locations:
● Beck Park
● Cabrillo Park
● Carty Park
● Civic Center/City Hall
● College Estates Park
● College Park
● Colonia Park
● Connelly Park
● Del Sol Park
● Durley Park
● East Village Park
● Eastwood Memorial Park
● Fire Station #5
● Fremont Tot Park
● Garden City Acres Park
● Johnson Creek Park
● Kohala Park
● Lathrop Memorial Park
● Lemonwood Park
● Marina West Park
● Orchard Park
● Oxnard Beach Park
● Oxnard Community Park East
● Oxnard Community Park West
● Plaza Park
● Pleasant Valley Park
● Rio Lindo Park
● Sea Air Park
● Sea View Park
● Sierra Linda Park
● Southbank Park
Agreement No. A-8422 Page 11 of 78
85 ● Southwest Community Park
● Southwest Community Park Extension
● Southwinds Park
● Thompson Park
● Via Marina Park
● Wilson Park
● Central Park
● Crescent Park
● East Park
● Vineyards Park
● Windrow Park
● Rio Vista Ballfields
● Rio Del Mar Ballfields
● Westport Park North
● Westport Park South
● Seabridge East
● Seabridge West
● Seabridge South
● Harbor Island Linear Park
● Gateway Park
● Children’s Park
● Oxnard Wastewater Treatment Plant
● Headworks Facility
Locations may be added or removed from this agreement as deemed necessary by the City. Future City Locations (Parks or City locations) may be added to this agreement. Prior to the addition of any locations, a written quote for the initial treatment and monthly maintenance costs will be required.

Agreement No. A-8422 Page 12 of 78
86 RATES AND COSTS EXHIBIT
Location Initial Treatment Monthly Cost
General Fund Parks
Beck Park $84.98 $84.92
Cabrillo Park $149.98 149.15
Carty Park $84.98 $84.92
Civic Center/City Hall $149.98 $149.98
College Estates Park $249.98 $138.38
College Park $149.98 $134.62
Colonia Park $166.98 $164.87
Connelly Park $84.98 $84.92
Del Sol Park $199.98 $154.17
Durley Park $124.98 $124.90
East Village Park $149.98 $149.98
Eastwood Memorial Park $124.98 $124.90
Fire Station #5 $149.98 $149.98
Fremont Tot Park $84.98 $84.92
Garden City Acres Park $224.98 $134.62
Johnson Creek Park $199.98 $164.87
Kohala Park $424.98 249.73
Lathrop Memorial Park $84.98 $84.92
Lemonwood Park $474.98 $184.32
Marina West Park $114.98 $114.25
Orchard Park $219.98 $224.50
Oxnard Beach Park $334.98 $139.52
Oxnard Community Park East $249.98 $224.35
Oxnard Community Park West $199.98 $197.14
Plaza Park $84.98 $84.92
Pleasant Valley Park $249.98 $199.97
Rio Lindo Park $84.98 $84.92
Sea Air Park $234.98 $149.27
Sea View Park $109.98 $109.25
Sierra Linda Park $219.98 $224.50
Southbank Park $374.98 $284.92
Southwest Community Park $449.98 $399.65
Southwest Community Park Extension $249.98 $235.15
Southwinds Park $199.98 $134.60
Thompson Park $84.98 $84.92
Via Marina Park $166.98 $164.87
Wilson Park $259.98 $94.65
Agreement No. A-8422 Page 13 of 78
87 Location Initial Treatment Monthly Cost
Special District Parks
Central Park $149.98 $149.98
Crescent Park $149.98 $149.98
East Park $149.98 $149.98
Vineyards Park $149.98 $149.98
Windrow Park $149.98 $149.98
Rio Vista Ballfields $149.98 $149.98
Rio Del Mar Ballfields $149.98 $149.98
Westport Park North $149.98 $149.98
Westport Park South $149.98 $149.98
Seabridge East $149.98 $149.98
Seabridge West $149.98 $149.98
Seabridge South $149.98 $149.98
Harbor Island Linear Park $149.98 $149.98
Gateway Park $149.98 $149.98
Childrens’ Park $149.98 $149.98
Wastewater
Oxnard Wastewater Treatment Plant $279.41 $279.41
Headworks Facility $179.00 $119.91
Cost for locations currently not identified in scope
The period of performance anticipated for this agreement shall be for three (3) years, with each year renewable in one (1) year increments beginning April 1st 2022 or 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 January 1st preceding the renewal date. Increases shall not exceed the Consumer Price Index for all Urban Consumers (CPI-U) for Los Angeles from the U.S. Bureau of Labor Statistics based on 12- month CPI-U for November.

Invoicing:

Invoices will be sent monthly combined into a single invoice for individual divisions (i.e. General Fund Parks, Special District Parks, and Wastewater). Invoices should be electronically submitted to [email protected]
Low Infestation $84.98/acre $84.98/acre
Medium Infestation $109.98/acre $109.98/acre
High Infestation $134.98/acre $134.98/acre
Agreement No. A-8422 Page 14 of 78
88 LIVING WAGE POLICY EXHIBIT
The 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. Pursuant 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 the time during which the employee is providing services to the City and 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 the 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. The 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 which 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 the payments 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. This 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. This Living Wage Policy shall not govern the following service contractors: (a) nonprofit entities organized under IRS Code section 501(c)(3); (b) public entities such as cities, counties, special districts, states and the federal government; and (c) businesses 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. If 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. The 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. The 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. This Living Wage Policy may be changed only by City Council and only after a duly noticed public hearing.

12. The 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.

Agreement No. A-8422 Page 15 of 78
89 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.

Agreement No. A-8422 Page 16 of 78
90 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 Wage 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.

Agreement No. A-8422

91 INSURANCE EXHIBIT

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.

1. 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 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. P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

2. 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.

3. 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 containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

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

5. 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 Agreement No. A-8422

92 administration and defense expenses.

6. 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.
11/21
Agreement No. A-8422

93 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
Agreement No. A-8422

94 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
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._______
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
Agreement No. A-8422

95 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 NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


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 maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

5. PROVISIONS REGARDING THE 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 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
Rev. 11/21 INS-D.doc
Agreement No. A-8422

96 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 NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE 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 insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

5. PROVISIONS REGARDING THE 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

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
Rev. 11/21
Agreement No. A-8422

97 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: LINEAR PARK
CFD Maintained Parks Landscape Areas

1.98 Acres Landscaping
Agreement No. A-8422

98 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: CENTRAL PARK
CFD Maintained Parks Landscape Areas

4.17 Acres Landscaping
Agreement No. A-8422

99 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: VILLAGE GREEN PARK
CFD Maintained Parks Landscape Areas

1.07 Acres Landscaping
Agreement No. A-8422

100
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: EAST PARK
CFD Maintained Parks Landscape Areas

3.85 Acres Landscaping
Agreement No. A-8422

101
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: GATEWAY PARK
CFD Maintained Parks Landscape Areas

2.55 Acres Landscaping
Agreement No. A-8422

102
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: WINDROW PARK
CFD Maintained Parks Landscape Areas

4.41 Acres Landscaping
Agreement No. A-8422

103
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: VINEYARDS PARK
CFD Maintained Parks Landscape Areas

4.21 Acres Landscaping
Agreement No. A-8422

104
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: WESPORT PARK NORTH
CFD Maintained Parks Landscape Areas

2.89 Acres Landscaping
Agreement No. A-8422

105
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: WESPORT PARK SOUTH
CFD Maintained Parks Landscape Areas

1.03 Acres Landscaping
Agreement No. A-8422

106
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: CRESCENT PARK
CFD Maintained Parks Landscape Areas

1.91 Acres Landscaping
Agreement No. A-8422

107
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: CHILDRENS' PARK
CFD Maintained Parks Landscape Areas

0.31 Acres Landscaping
Agreement No. A-8422

108
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: SEABRIDGE EAST
CFD Maintained Parks Landscape Areas

1.64 Acres Landscaping
Agreement No. A-8422

109
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: SEABRIDGE SOUTH
CFD Maintained Parks Landscape Areas

0.89 Acres Landscaping
Agreement No. A-8422

110
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: SEABRIDGE WEST
CFD Maintained Parks Landscape Areas

0.92 Acres Landscaping
Agreement No. A-8422

111
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: RIO DEL MAR
CFD Maintained Parks Landscape Areas

3.62 Acres Landscaping
Agreement No. A-8422

112
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 700 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: RIO VISTA
CFD Maintained Parks Landscape Areas

8.5 Acres Landscaping
Agreement No. A-8422

113
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: BECK PARK
Gopher Management Areas
~7.75 ACRES
Agreement No. A-8422

114
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: CABRILLO PARK Gopher Management Areas
~5.19 ACRES
Agreement No. A-8422

115
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: CARTY PARK
Gopher Management Areas
~3.52 ACRES
Agreement No. A-8422

116
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COLLEGE ESTATES PARK Gopher Management Areas
~5.58 ACRES
Agreement No. A-8422

117
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50100 200 300 400 500 600 700 800 900 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COLLEGE PARK
Gopher Management Areas
~26.79 ACRES
Agreement No. A-8422

118
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COLONIA PARK
Gopher Management Areas
~5.42 ACRES
Agreement No. A-8422

119
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COMMUNITY CENTER PARK EAST Gopher Management Areas
~7.04 ACRES
Agreement No. A-8422

120
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COMMUNITY CENTER PARK WEST Gopher Management Areas
~5.49 ACRES
Agreement No. A-8422

121
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: CONNELLY PARK Gopher Management Areas
~1.85 ACRES
Agreement No. A-8422

122
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: DEL SOL PARK
Gopher Management Areas
~11 ACRES
Agreement No. A-8422

123
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: DURLEY PARK
Gopher Management Areas
~9.3 ACRES
Agreement No. A-8422

124
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: EAST VILLAGE PARK Gopher Management Areas
~5.47 ACRES
Agreement No. A-8422

125
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: EASTWOOD PARK Gopher Management Areas
~3.79 ACRES
Agreement No. A-8422

126
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: FIRE STATION #5 Gopher Management Areas
~1.08 ACRES
Agreement No. A-8422

127
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: FREMONT TOT PARK Gopher Management Areas
~0.46 ACRES
Agreement No. A-8422

128
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: GARDEN CITY ACRES PARK Gopher Management Areas
~3.85 ACRES
Agreement No. A-8422

129
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 700 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: JOHNSON CREEK PARK Gopher Management Areas
~7.46 ACRES
Agreement No. A-8422

130
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50100 200 300 400 500 600 700 800 900 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: KOHALA PARK
Gopher Management Areas
~1.01 ACRES
Agreement No. A-8422

131
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: LATHROP PARK
Gopher Management Areas
~2.33 ACRES
Agreement No. A-8422

132
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: LEMONWOOD PARK Gopher Management Areas
~7.43 ACRES
Agreement No. A-8422

133
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: MARINA WEST PARK Gopher Management Areas
~5.65 ACRES
Agreement No. A-8422

134
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: ORCHARD PARK
Gopher Management Areas
~9.08 ACRES
Agreement No. A-8422

135
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 700 800 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: OXNARD BEACH PARK Gopher Management Areas
~10.1 ACRES
Agreement No. A-8422

136
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50100 200 300 400 500 600 700 800 900 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: OXNARD BEACH PARK Gopher Management Areas
~2.65 ACRES
Agreement No. A-8422

137
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: PLAZA PARK
Gopher Management Areas
~1.38 ACRES
Agreement No. A-8422

138
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: PLEASANT VALLEY PARK Gopher Management Areas
~8.11 ACRES
Agreement No. A-8422

139
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: RIO LINDO PARK Gopher Management Areas
~6.34 ACRES
Agreement No. A-8422

140
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SEA AIR PARK
Gopher Management Areas
~7.2 ACRES
Agreement No. A-8422

141
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SEAVIEW PARK
Gopher Management Areas
~5.33 ACRES
Agreement No. A-8422

142
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SIERRA LINDA PARK Gopher Management Areas
~5 ACRES
Agreement No. A-8422

143
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHBANK PARK Gopher Management Areas
~5.66 ACRES
Agreement No. A-8422

144
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 500 600 700 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHWEST COMMUNITY PARK Gopher Management Areas
~18.39 ACRES
Agreement No. A-8422 Page 71 of 78
145
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHWEST COMMUNITY PARK EXT Gopher Management Areas
~5.08 ACRES
Agreement No. A-8422 Page 72 of 78
146
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHWINDS PARK Gopher Management Areas
~5.91 ACRES
Agreement No. A-8422 Page 73 of 78
147
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: THOMPSON PARK Gopher Management Areas
~2.1 ACRES
Agreement No. A-8422 Page 74 of 78
148
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 400 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: VIA MARINA PARK Gopher Management Areas
~11.11 ACRES
Agreement No. A-8422 Page 75 of 78
149
City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 50 100 200 300 Feet
Data Sources: City of Oxnard GIS Division
.

County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: WILSON PARK
Gopher Management Areas
~2.37 ACRES
Agreement No. A-8422 Page 76 of 78
150
Headworks Facility 5741 Perkins Rd
City of Oxnard GIS
Parcels
11/17/2021, 3:43:54 PM
0 0.01 0.02 0.04mi
0 0.01 0.03 0.06km
1:1,200
City of Oxnard
City of Oxnard GIS Division | The City of Oxnard GIS Division | City of Oxnard GIS | Agreement No. A-8422

151
Wastewater Treatment Plant 6001 Perkins Rd
City of Oxnard GIS
Parcels
11/17/2021, 3:44:29 PM
0 0.02 0.04 0.08mi
0 0.03 0.07 0.13km
1:2,400
City of Oxnard
City of Oxnard GIS Division | The City of Oxnard GIS Division | City of Oxnard GIS | Agreement No. A-8422

152

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.5
DATE: March 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreements for On-Call Professional Engineering Services.

RECOMMENDATION
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. (Public Works and Transportation Committee approved 3-0)

BACKGROUND
On June 30, 2021, the Public Works Department sent out a Request For Qualifications (RFQ) for multi-year on-call professional engineering services. The RFQ solicited proposals for various professional on-call engineering services that include: Roadway & Structures Engineering, Traffic Engineering, Utility Engineering, Environmental Services, Real Property Services, Surveying, Geotechnical Engineering, Material & Laboratory Testing, Drainage, Hydrology, & Hydraulic Engineering, Landscape Architecture & Park Design, Architectural & Engineering Design, Labor Compliance, and Development Plan Check. These services are required due to the specialized nature of various projects as well as the need to complete the projects within the Capital Improvement Program (CIP) in a timely manner. A panel that consisted of several City staff members across multiple Departments selected 33 firms that best met the City’s criteria from the RFQ, consistent with the City’s municipal code. Additional agreements will be brought forward to Committee and Council once agreements are completed by staff.

DISCUSSION
153
The Public Works Department will be bringing forward various agreements to establish On-Call Professional Engineering Services with successful consultants or firms to provide professional and technical expertise once agreements are prepared. These agreements are necessary due to the volume and nature of work within the Public Works Engineering and Transportation & Mobility Divisions and will continue to support the departmental needs for various projects. Additionally, having pre-approved on-call agreements for professional services can reduce the amount of time necessary to complete certain types of smaller CIP projects. The scope of work under these agreements are as follows:

No. Consultant Term Amount Scope of Services
1 Huitt-Zollars, Inc. 3
Year $250,000  Roadway & Structures Engineering
2 Brown and Caldwell 3
Year
$750,000  Utility Engineering
3 Dudek 3
Year
$1,000,000  Utility Engineering
 Drainage, Hydrology, Hydraulic
Engineering
4 AECOM Technical Services, Inc. 3
Year
$500,000  Utility Engineering
5 Hamner, Jewell & Associates 3
Year
$500,000  Real Property Services/Right of Way
Acquisition Mapping
6 Kier & Wright Civil Engineers
and Surveyors, Inc.
3 Year
$500,000  Surveying
7 Wallace Group 3
Year
$500,000  Drainage, Hydrology, Hydraulic
Engineering
8 Pacific Coast Land Design, Inc. 3
Year
$1,000,000  Landscape Architecture & Park Design
9 KTU&A 3
Year
$1,000,000  Landscape Architecture & Park Design
10 Cumming Management Group,
Inc.
3 Year
$750,000  Labor Compliance
11 CSG Consultants, Inc. 3
Year
$500,000  Development Plan Check
12 Transtech Engineers, Inc. 3
Year
$500,000  Development Plan Check
Professional services under this agreement will be composed of task orders for each individual project assigned by the City and under the supervision of a Project Manager. The task order proposal will identify a concise description of the scope of work to be performed by the consultant, the method by which the consultant plans on completing the work, and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective 154
method to complete the work so that the assigned task order can be completed to the satisfaction of the City of Oxnard.

Projects with special requirements (i.e. federally funded) will be publicly bid separately when required.

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 amount of each agreement shall not exceed the amounts noted above over the term of three years. Funding will be charged to a given project or funding source dependent upon the services performed by task orders. The respective Department/Project Manager will ensure sufficient funding is available in the approved operating budget or CIP project budget for related tasks prior to initiating task order or services performed.

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on February 8, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Agreement A-8432

2. Agreement A-8399

3. Agreement A-8410

4. Agreement A-8415

5. Agreement A-8417

6. Agreement A-8435

7. Agreement A-8423

8. Agreement A-8416

9. Agreement A-8419

10. Agreement A-8420

11. Agreement A-8424

12. Agreement A-8421
155
Agreement No. A-8432

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: March 1, 2022
(2) Consultant: HUITT-ZOLLARS, INC.
(3) Services: On-Call Professional Roadway and Structures Engineering Services (4) Schedule of Services: The services must be completed within three (3) years of the Agreement Start Date stated above.
(5) Agreement Ending Date: February 28, 2025
(6) Total Agreement Amount: The Total Agreement Amount shall not exceed two hundred and fifty thousand dollars ($250,000) during the three (3) year Agreement Term. (7) City’s Project Manager: Tatiana Arnaout, P.E., City Engineer (8) Consultant’s Project Manager: Kevin C. Carter, PE, Vice President/Managing Principal (9) Insurance Coverage: INS-A
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:

Huitt-Zollars, Inc. City of Oxnard Public Works Engineering 90 E. Thousand Oaks Blvd, Suite 201 305 West Third Street, 2nd Floor East Thousand Oaks, CA 91360 Oxnard, CA 93030
Attn: Kevin C. Carter, PE, Vice President Attn: Tatiana Arnaout, P.E., City Engineer (11) Contact Emails:

CONSULTANT’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] [email protected]
The Agreement for Professional 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 of Services Exhibit
☒ Rates and Costs Exhibit
☒ Prevailing Wages Exhibit
☒ Insurance Exhibit (INS-A)
☐ Iran Contracting Act Certification Form
156
Agreement No. A-8432

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL 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) Consultant” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant 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. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.

3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.

4. 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.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. 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].

7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
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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 and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’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 Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’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 City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant 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 Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant 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. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice.

Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant 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 performance by Consultant, City shall pay Consultant 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 Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, 158
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injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.

15. Insurance. Consultant 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 City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit.

Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.

16. Documents and Materials.
a. All 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 Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. 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. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant 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 16. b. Consultant 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, 159
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anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement. c. Any substantive 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 incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.
d. Consultant 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 Services 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.

Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim 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. Consultant 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, Consultant, 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 and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.
a. For 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, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source 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 Consultant or is developed by Consultant in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (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 Consultant 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, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible. 160
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