Oxnard City Council
April 19, 2022

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 members of the same profession currently practicing under similar circumstances at the same time and in the same or similar (“Standard of Care”). The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the Services rendered hereunder.

3. Correction of Errors. Consultant shall correct, at its expense, all negligent 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.

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. 884
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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.

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 Consultant 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 reasonably 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 reasonable 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. 885
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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, (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, 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 negligent 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.

In the event that it is finally adjudicated that an Indemnittee was at fault or shared a proportion of fault, Indemnitee shall reimburse Consultant for the reasonable costs of defense (including attorney fees) in proportion to Indemnitee’s proportionate share of fault. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.

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 negligent performance of this Agreement, or the negligent 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. In the event that it is finally adjudicated that an Indemnittee was at fault or shared a proportion of fault, Indemnitee shall reimburse Consultant for the reasonable costs of defense 886
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(including attorney fees) in proportion to Indemnitee’s proportionate share of fault. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.
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”), excluding any standard designs, details, specifications and other intellectual property to which Consultant held the copyright prior to performing services for this Project, shall be the City’s property without restriction or limitation upon its use, duplication or dissemination upon payment of all undisputed invoices due and owing to Consultant. 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, 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.
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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 confirms 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 to the extent 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 noninfringing 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) nontechnical 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.
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d. Consultant 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 Consultant. 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 Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, 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 Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant 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. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant 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. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’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 Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.

19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will 889
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perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section

19. 20. Consultant’s Representations. Consultant represents, agrees and confirms that: a) Consultant 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 materially limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the generally accepted standard of practice, Consultant 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.

21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall exercise usual and customary professional care in its efforts to comply with all applicable laws, ordinances and regulations in a manner consistent with the Standard of Care. It is understood, however, that various laws, ordinances, and regulations are subject to varying and sometimes contradictory interpretation. Consultant shall exercise its professional skill and care consistent with the generally accepted Standard of Care to provide Services that comply with such laws, ordinances, and regulations.

Consultant cannot warranty that all documents issued by it shall comply with said laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant 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, Consultant 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 Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant 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 Consultant “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 Consultant has been retained pursuant to this Agreement.

23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant 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 Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant. 890
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26. 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.

27. 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.

28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the reasonable control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, widespread infectious disease outbreaks (including pandemics and epidemics, fire, earthquakes, or other disasters, government ordered industry shutdowns, power or server outages, acts of nature, failure of any governmental or other regulatory authority to act in a timely manner, failure of the City to furnish timely information or approve or disapprove of the Consultant’s services or work product, or delays caused by performance by the City or by contractors of any level.

29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.

30. 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.

31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant 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.

32. 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.

33. 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 Consultant 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 Consultant, 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.

34. 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 relief 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.
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35. 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) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.

36. 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 Project Managers’ emails listed in “(11) 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.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD ELS

☐ John C. Zaragoza, Mayor1 Date Clarence Mamuyac, President2 Date ☐ Alexander Nguyen, City Manager
☐ __________, Purchasing Manager
☐ __________, Buyer
Gerald Navarro, 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; 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. 893
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SCOPE OF SERVICES EXHIBIT
The Scope of Work includes the outreach, design, specifications, and bid documents as well as an Operations & Maintenance Manual for the South Oxnard Aquatic Center Improvement Project (Project).

Task 1: Program Management

1. Project Management. Consultant shall coordinate all efforts of the Project Team including representatives from various City of Oxnard (City) departments. The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget.

2. Project Kick-off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City staff to discuss the scope and parameters of the Project. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City. The Consultant shall prepare and distribute meeting minutes within three (3) business days of the meeting. The Consultant shall assume three (3) hours for the kick-off meeting with staff members.

3. Progress Meetings. Consultant shall attend monthly meetings at the City for the duration of the project and budget for eight meetings, exclusive of the Community Outreach meetings outlined in Task 3. As part of the effort, the Consultant is responsible for developing meeting information and agenda prior to the meeting and meeting minutes within three (3) business days following the meeting with a complete action tracking log. The Consultant shall assume two (2) hours for each meeting.

4. Project Schedule. Consultant shall develop a project schedule at the beginning of the project that covers community engagement, schematic design, design development, final plans specifications, and estimates (PS&E), bid/award support services, and construction phase support services.

Project schedule shall be submitted with the proposal and shall be updated within two (2) weeks of the kickoff meeting.

5. Project Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one (1) week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.

6. Project Coordination. Consultant shall coordinate all of the services of sub-consultants including site visits, site inspections, and shall ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City.

7. Quality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two (2) weeks of starting the project. The plan shall 894
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include the staff who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

8. Monthly Invoicing. The Consultant shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to [email protected].

Task 2: Data Gathering, Site Visit, and Preliminary Investigations The Consultant shall review and assess existing data and reports relative to the project and conduct all necessary site visits, investigations and analyses required to identify and mitigate project issues that could impact or be impacted by the project including:
● The City’s Parks and Recreation Master Plan
● College Park Master Plan
● Memorandum of Understanding between the City, the County of Ventura Department of Parks, and the California State Department of Parks and Recreation ● College Park Quitclaim Deed by and between the City and Ventura County ● Regulatory/ code and permitting requirements
● CEQA compliance
● Geotechnical investigation, including soil analysis as needed ● Survey, mapping and utility investigation
Task 3: Community Engagement
The Cultural and Community Services Department (CCS) is leading an education and community outreach effort to gather initial input on the Aquatic Center amenities. The community engagement CCS is leading will target youth, seniors, and stakeholder groups. The Consultant will develop concept plans based on the input the community input CCS receives.

The consultant should develop a play that uses proven methods to gain community feedback on the design concepts. Particular attention should be given to proposing successful community outreach and facilitation methods unique to multicultural communities, and in multiple languages. Public engagement should include a social media presence or any other methods deemed valuable by the consultant and City. The outreach plan will include community workshops and presentations to City Council and City organizations. Consultant will perform all necessary work to conduct community presentations and engagement including but not limited to:

1. Kick-Off Meeting:
○ At a location and time determined by the City, Consultant shall host a Kick-Off Meeting where Consultant shall (1) review project parameters and discuss education outreach efforts delivered by CCS (2) identify materials needed for the various meetings outlined below; and (3) visit the site location
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○ Prepare all community meeting notices and presentation materials

2. Initial Internal Review Meeting:
○ Consultant shall attend and lead an Internal Review Meeting where Consultant shall provide 3 alternative site plans reflecting the community input provided to the Consultant by CCS, and discuss and collect feedback from City staff

3. Initial Community Meeting:
○ At a location and time determined by the City, Consultant shall host a Community Meeting to present alternative site plans (as selected by City) and receive feedback.

4. Progress Internal Review Meeting:
○ At the request of the City, Consultant shall present an update on the alternative site plans and feedback received at previous meetings

5. Progress Commission Review Meeting/Presentation:
○ Conduct a presentation of the selected site plan to the Parks, Recreation and Community Services Commission meeting.

6. Final Review Meeting/Presentation:
○ Conduct a presentation at Bid Award to the Public Works & Transportation Committee as well as City Council meetings.

Task 4: Permitting
The Consultant shall develop a Permit Plan for the project. The Permit Plan will identify all permits required for the design and construction. The Permit Plan shall include, at a minimum, the following:

1. Ventura County Air Pollution Control District.

2. Ventura County Environmental Health Department.

3. City of Oxnard Community Development Department.
○ The Consultant shall perform and prepare all required CEQA documentation (i.e. CEQA checklist, initial study, notice of preparation, etc.) and supporting environmental information (i.e. Categorical Exemption, Negative Declaration, Environmental Impact Report, etc). The Consultant shall be responsible for all public notices, mailings and filing fees. i. For budgetary purposes, Consultant shall include $30,000 in its budget for a categorical exemption, negative declaration, or mitigated negative declaration as a total estimate for the permitting work.
ii. The Consultant shall be responsible for all CEQA documentation, and shall incorporate any mitigation required by an environmental determination into the facility design. iii. The Consultant shall be responsible for presenting at the Planning Commission and preparing presentation materials as necessary.

4. All permits deemed to be the responsibility of the City shall be obtained by the Consultant on the City’s behalf. The Consultant shall prepare and submit all plans and supporting documentation 896
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necessary to obtain permit approvals for all required permits. The City will provide payment for all permit fees.

Task 5: Schematic Design
This phase of work will generate a refined site design for the project through an iterative process. With the information gathered during the data collection and community engagement process, create a design for the project, including, but not limited to:

1. Prepare design study alternatives for areas

2. Refine the concept to a final Schematic Design
○ Assume three (3) iterations total to get to final Schematic Design. One after each review meeting outlined in Task 3.

3. Preparation of Plans, Specifications and Details and Plant Materials List

4. Coordination with the City’s Project Team for design development, review, and discussion (creative design workshops at schematic design phase with Project Team; at kickoff and 70% design)

5. Coordination with City staff stakeholders as needed for design development, review, and discussion

6. Amenity and building locations with architectural renderings

7. Planting locations and plant palettes for native and drought resistant landscaping

8. Identify irrigation needs, feasibility, and resources available

9. Lighting design fixture selection and location

10. Identify locations and feasibility of integration of stormwater infiltration/permeable pavement

11. Cost estimating
Deliverable
Schematic design package shall include three (3) hardcopies of schematic plans, renderings, and palettes along with electronic versions.

Task 6: Design Development
Upon Project Team approval and acceptance of the Schematic Design and cost, Consultant will commence with Design Development. This phase of work shall refine the design and identify all key construction systems, materials, and critical coordination issues. The Design Team will refine the selected Schematic Design and identify all key construction systems, materials, and critical coordination issues while initiating the PS&E process.

Tasks will include:

1. Develop the design to describe the character and construction method for all of the key construction and landscape elements

2. Detailed documentation of all elements within the scope of work, including full specifications.

Upon City’s approval of design development drawings and cost, Consultant will fully document all aspects of the design, including all relevant sections of technical specifications

3. Select key materials for site elements

4. Preparation of plans, specifications, details and outline specifications

5. Coordination of landscape design with civil engineering/ grading design and documentation 897
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6. Coordination with the City’s Project Team for design review and discussion

7. Cost estimating

8. Coordination of documents with specialist subcontractors, for example, for the Olympic swimming pool details, instrumentation drawings for mechanical pool equipment, etc.

9. Prepare drawings and data in AutoCAD and pdf formats and provide such drawings and data to Project Manager

10. Perspectives, sketches, and renderings as necessary to indicate the architectural and landscaping character of the project and its relationship to the pedestrian level shall be discussed with the Project Team, and provided to the Project Manager

11. Samples of proposed vegetation and related elements shall be discussed with the Project Team and provided to the Project Manager

12. 100% Design Development Plans (70% Construction Documents)

13. 100% Design Development Details

14. 100% Design Development Outline Specifications

15. 100% Design Development Cost Estimate

16. Meetings with Project Team

17. Coordinate CEQA Compliance Documentation
Deliverable
Design development package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.

Task 7: Final PS&E

1. 90% Design: Drawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the design development review. At the end of the 90% design phase, drawings and specifications shall be complete. The following tasks are to be completed:
● Demolition plans and details
● Architectural drawings and details
● Landscape architectural drawings and details
● Civil drawings and details (grading and public improvements) ● Structural drawings and details
● Mechanical drawings and details
● Electrical drawings (equipment, instrumentation) and details ● Instrumentation and control drawings
● Complete Specifications
● Construction cost estimate
● Incorporation of all plan check comments from permitting authorities into the Final Design Submittal.

Deliverable
90% design package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.
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2. Final Design Submittal: During the final design phase, final comments from the 90% design submittal shall be incorporated into the drawings and specifications. This final submittal will be considered the bid set. Tasks include:
● Production of final architectural and engineering drawings ● Production of final architectural and engineering specifications ● The Consultant shall prepare an estimate of probable construction cost for the 100% design package. The cost estimate shall be transmitted along with the final 100% design package.

Deliverable
Final drawings shall be signed and sealed by a professional engineer and professional architect registered by the State of California. The Consultant shall provide three (3) sets of 11” x 17” drawings, three (3) sets of 22” x 34” (D Size) drawings, four (4) sets of specifications, and an electronic copy in PDF format of the final design package for bid purposes. All drawings shall be prepared using a version of AutoCAD 2018 or later and .dwg files be delivered to the City as part of the final submittal.

Task 8: Operation & Maintenance Plan
The Consultant shall establish operation and maintenance (O&M) standards:

1. Research and develop a manual of O&M requirements for this facility, including maintenance tasks, frequencies, and recommended facility closures to allow for O&M.

2. Specify any maintenance items, the frequency of the maintenance activity and describe any specialized equipment necessary to complete the maintenance activity. The contractor shall utilize published reference materials (e.g., Ventura County Stormwater Technical Guidance Manual) related to O&M and engage the team as needed. The recommended maintenance standards should be consistent with any existing standards for the same practice.

3. Identify and describe any operational tasks for the facility that are either required for effective performance of the project or recommended. These operational tasks are in addition to routine maintenance tasks that may be needed for the effective operation of the project.

4. The draft manual should include the approximate cost of O&M and how that relates to the design life of a project.

5. The final manual should incorporate the comments and feedback from the City’s team prior to final delivery. This shall include updates to the approximate cost of O&M.

Deliverable
The draft O&M manual shall be electronic only and shall be submitted along with Task 5 - Schematic Design. The final O&M manual shall include three (3) hardcopies along with electronic versions and shall be submitted along with Task 7 - Final PS&E.

Task 9: Bid Phase Services
The Consultant shall provide assistance to the City during the project advertisement and award period.

Bid phase assistance shall include, at a minimum, the following:

1. Response to requests for information (RFIs) and requests for clarification (RFCs) received during the bid period. Consultant shall provide a written response to questions within two (2) business 899
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days of questions received during the bidding period. The responses shall be provided in short memorandum format with the question and response shown.

2. Attendance and participation in the mandatory pre-bid meeting.

3. The Consultant shall incorporate all addenda issued during the Bid Period into a conformed set of contract documents.

Task 10: Construction Phase Services
Architectural and engineering services during construction shall include, at a minimum, the following:

1. Preconstruction Meeting: Attendance and participation in the Pre-Construction Meeting.

2. Project Progress Meetings: Attendance and participation in the Monthly Project Progress Meetings with the City and the Construction Manager to discuss the status of the Project and potential Project issues. The Consultant shall budget two (2) hours for each Project Progress Meeting, and one (1) hour travel time to and from meeting for a total of three 3 hours. The Consultant shall budget for a twelve month duration for the construction phase.

3. Submittal Review: Consultant shall review all shop drawing and material submittals transmitted by the construction contractor. The Consultant shall budget for a total of 20 submittals and a minimum of three 3 hours for the first review. The Consultant shall budget for 25% of all submittals will require a resubmittal and additional review with a minimum of 1.5 hours budgeted for each resubmittal.

4. Change Order Review: Consultant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request. The Consultant shall budget for three change order requests to be submitted during the construction phase. The Consultant shall budget a minimum of eight (8) hours for each change order request.

5. Project Close-out: The Consultant shall assist in the development of Project punch lists and coordinate the delivery of all Project-related documentation.

6. Record Drawings: The Consultant shall prepare a record drawing set based on the red-line drawings submitted by the construction contractor. The record drawings shall be prepared using a version of AutoCAD 2018 or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red-line drawings. Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats. In addition, the Consultant shall submit three (3) hard copies of the record drawings on 22” x 34” bond paper.

Task 11: As Needed Support Work

1. As needed support related outreach, design, specification, bid document development, and Operations & Maintenance Manual development for the South Oxnard Aquatic Center Improvement Project.

2. All As-Needed Support Work must be preauthorized in writing by the City Engineer.

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RATES AND COSTS EXHIBIT
ELS

PROFESSIONAL DESIGN FEES
Standard Architectural and Engineering (A/E) Fees $3,093,506 (Includes increases due to site work definition and revised Assumed Direct Construction cost of $32,500,000)
Non‐Standard A/E fees $   186,551
Rincon: CEQA
Earth Systems: Geotechnical Engineering
ECG:  Land Surveyor
Reimbursable Expenses Budget $ 270,000
TOTAL BASIC SERVICES LUMP SUM AMOUNT $3,550,057
Please see attached Fee Matrix for a breakdown of our fees by phase, discipline, and staff.

REIMBURSABLE EXPENSES

1. Reimbursable expenses shall be billed at cost times 1.1 and shall include actual expenditures made in the interest of the project, in the following categories:

2. Outside consultants beyond those listed in the attached matrix

3. Expense of transportation and living expenses in connection with out‐of‐town travel, as authorized by the Client

4. Reproduction and photography

5. Postage,shipping, and delivery

6. Fees paid for securing approval of authorities having jurisdiction over the project

7. Professional renderings and models as requested by the Client

8. Attendance at Workshops/Meetings/Construction Site Visits as described below.

We have established $270,000 as a budget for reimbursable expenses. This budget is included within our Basic Services Lump Sum Fee previously stated and is 7.25% of our total A/E Fees (Standard and Non‐Standard). We understand that if the reimbursables budget needs increasing, upon mutual agreement by the City and ELS, the increase will occur via an Additional Services Request. Thisis especially important to note with respect to services provided by non‐standard A/E consultantsfor land surveying, geotechnical engineering and CEQA. Proposalsfrom each of these consultants are attached and are a part of this ELS Fee Proposal.

ESTIMATED REIMBURSABLE COSTS FOR WORKSHOPS, MEETINGS AND SITE VISITS (Web‐based meetings such as ZOOM or Google Meet, are included in our Standard Basic Services Fee, and may be in lieu of some of the in‐person meetings listed below) 901
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RATES AND COSTS EXHIBIT
ELS (Continued)
Following is the total estimated cost of in‐person attendance at workshops, meetings, and site visit events. These costs will be invoiced against the Reimbursable Expenses Budget as expenses are incurred.

ELS Employee
Event Attendance Rate
Hourly
Rate
Half Day Meeting
4 hours
Full Day Meeting
8 hours
Clarence Mamuyac – Project Principal $300 $1,200 $2,400 William Gordon – Project Manager $180 $   720 $1,440
Christopher Jung – Project Design $170 $  680 $1,360
Dana Vollmer Grant – Programmer $150 $ 600 $1,200
Tracy Chan – Designer $150 $ 600 $1,200
Emilio Ponce – Designer $125 $ 500 $1,000
Antonia Bowman – Construction $150 $  600 $1,200
Travel Expenses
Total Expenses for a single trip from LA to Oxnard/ELS employee $102.00/Trip Typical Trip Cost: ELS Employee (Half or Full Day Rate) + Mileage + Meal Allowance + Misc.

Example: William Gordon (Half Day Trip) ‐ $720 + $102 = $822.00

 122 Miles Round Trip @

58.5 cents/mile/vehicle

 Misc:
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RATES AND COSTS EXHIBIT
ELS (Continued)
Anticipated In‐Person Meetings in Oxnard
Work Phase FTE Number of
In‐Person
Events
Community Engagement and Concept Design Workshops 8 FTE 03 Workshops CM @ $2,400 + $822 = $3,222
WG @ $1,440 + $102 = $1,542
CJ @ $1,360 + $822 = $2,182
DVG @ $1,200 + $102 = $1,302
TC @ $1,200 + $822 = $2,022
EP @ $1,000 + $102 = $1,102
AB @ $1,200 + $102 = $1,302
Travel/Time/Expenses – per Full Day Workshop $12,674 x 3 = $38,022 Schematic Design Phase 4 FTE 03 Meetings
CM @ $1,200 + $822 = $2,022
WG @ $720 + $102 = $822
CJ @ $680 + $102 = $782
TC @ $600 + $102 = $702
Travel/Time/Expenses – ½ Day/Meeting $4,328 x 3 = $12,984 Design Development Phase 4 FTE 03 Meetings
CM @ $1,200 + $822 = $2,022
WG @ $720 + $102 = $822
CJ @ $680 + $102 = $782
TC @ $600 + $102 = $702
Travel/Time/Expenses – ½ Day/Meeting $4,328 x 3 = $12,984 Final Plans Phase 3 FTE 02 Meetings
WG @ $720 + $822 = $1,542
AB @ $600 + $102 = $702
TC @ $600 + $102 = $702
Travel/Time/Expenses – ½ Day/Meeting $2,946 x 3 = $8,838 903
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RATES AND COSTS EXHIBIT
ELS (Continued)
Bidding and Award Phase       2 FTE 02 Meetings
WG @ $720 + $822 = $1,542
AB @ $600 + $102 = $702
Travel/Time/Expenses – ½ Day/Meeting $2,244 x 2 = $4,488 Construction Phase           1 FTE 48 Site Visits
AB @ $600 + $822 = $1,422
Travel/Time/Expenses – ½ Day/Site Visit $ 1,422 X 48 = $68,256

TOTAL REIMBURSABLE COST FOR ANTICIPATED ATTENDANCE AT WORKSHOPS/MEETINGS/SITE VISITS (Invoiced against the Reimbursable Expense Budget as expenses are incurred) $ 145,572.00

POTENTIAL ADDITIONAL SERVICES

1. Project scope in addition to that described in the RFP, or scope that is mentioned in the RFP, but from our perspective requires additional information.

2. Work and scope to be performed by any consultants not included in the fee matrix.

3. Expedited Schedule, including fast‐tracked, multiple early bid and construction packages.

4. Negotiating entitlement agreements, variances with city agencies, and design review approval submittals and presentations are to be provided as an additional service.

5. LEED documentation and certification effort, above and beyond the Schematic Design phase analysis. A proposal to provide registration and certification documentation with the US Green Building Council can be provided upon request.

6. Preparing phased construction documents requiring issuance of separate multiple packages.

7. Providing professional renderings or models, and ELS effort required to coordinate with special rendering or model‐making consultants. ELS will provide, as part of basic services, three renderings of the project. Renderings beyond this count will be charged at a flat rate of $2,500 per renderings and will be invoiced against the Reimbursables Budget.

8. Building code variances or modifications, if required, will be provided as an additional service.

EXCLUSIONS/PROVISIONS

1. The following items of work are excluded from our services:

2. Removal of hazardous materials.

3. Obtaining and paying for construction permits.

4. ADA and/or access compliance survey of existing conditions.

5. Unless otherwise provided, ELS and its Consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. 904
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RATES AND COSTS EXHIBIT
ELS (Continued)

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RATES AND COSTS EXHIBIT
RINCON CONSULTANTS, INC.
906
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RATES AND COSTS EXHIBIT

NINYO & MOORE
907
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RATES AND COSTS EXHIBIT
NINYO & MOORE (Continued)
908
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RATES AND COSTS EXHIBIT
NINYO & MOORE (Continued)
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RATES AND COSTS EXHIBIT

ENCOMPASS CONSULTANT GROUP
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PREVAILING WAGES EXHIBIT

1. Vendor acknowledges that the Project defined in the Agreement between Vendor and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform the Project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement.

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

4. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Vendor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

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

6. Vendor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Vendor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

8. Vendor is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Vendor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

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

10. Vendor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code Section 1815, work performed by Vendor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

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

12. Vendor shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Vendor shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Vendor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Vendor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Vendor under this Section shall survive Agreement termination. 911
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INSURANCE EXHIBIT INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No. A-8456
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects:
liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 912
Agreement No. A-8456

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

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

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

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

A-8456 ELS PW 22-55_S Oxnard Aquatic Center Improvement Project v6

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Agreement No. A-8456

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 [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

CERTIFICATE HOLDER

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
A-8456 ELS PW 22-55_S Oxnard Aquatic Center Improvement Project v6 SAMPLE
915
Agreement No. A-8456

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named 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:

A-8456 ELS PW 22-55_S Oxnard Aquatic Center Improvement Project v6 SAMPLE
916
Agreement No. A-8456

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

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

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary 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
A-8456 ELS PW 22-55_S Oxnard Aquatic Center Improvement Project v6 917
Agreement No. A-8456

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

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

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

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

By (Authorized Signature):

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

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

By (Authorized Signature):

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

918
Agreement A-8456 with ELS Architecture
and Urban Design for Professional Design
Services for the South Oxnard Aquatic
Center Improvement Project
City Council
April 19, 2022
Tatiana B. Arnaout, P.E.

City Engineer
919
That the City Council approve and authorize the Mayor to execute Agreement A-8456 with ELS Architecture and Urban Design, in an amount of $3,900,057 for professional design services for the South Oxnard Aquatic Center Improvement Project (Project No. 225502).

RECOMMENDATION 2
920
• In July 2021, the City, with the assistance of State Senator Monique Limón, was awarded $5,000,000 from the State
of California (State) to design and construct the South Oxnard Aquatic Center in the current vacant City-owned
property adjacent to College Park .
• The proposed Aquatics Center will service the City’s youth, adults, and seniors and provide for expansion of
recreation, water fitness, and competitive aquatics
opportunities.
• It will also equip the residents of Oxnard, a coastal community, with water safety knowledge and provide a
family-friendly environment for the residents of Oxnard.

BACKGROUND 3
921
• The overarching goal is to design and construct a
community-based aquatics center that provides a variety of features which meets the needs of residents of all ages. • At this time the detailed programming has not been
established and the design consultant will assist the City in honing in on the programming through community,
stakeholder, and City staff engagement as well as factoring in cost of construction and subsequent operation and
maintenance.

BACKGROUND 4
922
• The notice inviting request for proposals (RFP) from
qualified consultants for architecture and engineering
design services for the project was published on
November 5, 2021, and all proposals were due on
December 15, 2021.
• The specific work for this contract includes:
• Community Outreach;
• Architecture and Engineering Design Services;
• Development of an Operations & Maintenance Manual; and • Construction Coordination
DISCUSSION 5
923
• The City received a total of seven proposals which
included:
• ELS Architecture and Urban Design (ELS)
• Barker Rinker Seacat Architecture
• IBI Group
• Little Diversified Architectural Consulting, Inc.
• LPA, Inc.
• RJM Design Group
• Roesling Nakamura Terada Architects, Inc.
• The top three highest scored firms were then interviewed on January 19, 2022 for final selection by the following staff:
• Assistant City Manager
• Public Works Director
• Cultural & Community Services Director
• Assistant Cultural & Community Services Director
• City Engineer
• Supervising Civil Engineer
DISCUSSION 6
924
• The outreach phase is anticipated to take approximately three (3) months and will consist of three (3) community workshops each of which will progressively gather input from the community based on an initial conceptual design effort and continue until a preferred, consensus concept is developed.
• Following the community engagement and final selection of programming for the Aquatic Center, the design team
will take approximately ten (10) months to complete the plans, specifications and estimates for this project.

DISCUSSION 7
925
The total cost for this agreement with ELS shall not exceed $3,900,057. There is currently $5 million in available grant funding in the South Oxnard Aquatic Center Improvement
Project (Project No. 225502) for this phase of the project.

FINANCIAL IMPACT 8
926

QUESTIONS
927
9 CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.3
DATE: April 19, 2022
TO: City Council
FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Revisions to Procurement Ordinance Reflecting Preparation of the new Tyler Munis Enterprise Resource Planning (ERP) Financial System. (0/10/10)

RECOMMENDATION
That the City Council introduce an amendment to the City’s Procurement Ordinance in preparation for the launch of the Core Financials phase of Tyler Munis.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/0PWV5fFnoU0

BACKGROUND
At its October 1, 2019, meeting, City Council approved the purchase of a new enterprise resource planning (ERP) system from Tyler Technologies, Tyler Munis, following many years of work to identify, evaluate, and select the best system that will enable the City to modernize and take advantage of current technologies that will provide the functionality for staff to streamline processes, create better access to information, increase productivity, and improve interactions for residents and business. The first phase of the Tyler Munis ERP implementation is the Core Financial phase. Munis Core Financials includes budget, general ledger, grant management, accounts payable, project accounting, general revenue, cash management, capital assets, financial reporting and procurement modules.

Throughout the implementation phase of the Core Financials, staff has been reviewing the functionality of Munis and the opportunities it provides to improve internal controls and operational efficiency. Staff have identified improvements that require modifications to the City's current Procurement Ordinance.

DISCUSSION
Staff recommends that the City amend its Procurement Ordinance and adjust its approval processes and authority levels (who can approve what dollar amount for all City purchases) to better align with municipal best practices and functionality available in Tyler Munis. The proposed modifications to the Procurement Ordinance do not impact or amend the City's budget appropriation and budget approval processes.

The current procurement process requires departments to initiate a requisition in the City's current ERP system, followed by paper documents that are reviewed and approved outside the current ERP system (HTE Naviline). The paper process is prone to being slow, and it is difficult to track where the documents are within the approval routing queue. Tyler Munis ERP allows requisitions and supporting documents to be located within one system and to proceed through hierarchical electronic approvals without the need for paper. This electronic workflow of approvals is based upon configured approval authority and cannot be circumvented. Procurement transactions in an official City Contract or Purchase Order can only be accomplished once all electronic approvals are completed in the system. Each approval is logged and held in system audit files, with no ability to be amended. Reviewing and tracking of transactions is available 928
at any time.

Electronic approval will not replace the need for signatures on the legally binding executed agreements that the City makes but may be viewed as a replacement of paper routing for internal City approval processes. Staff recommend no changes to purchase orders and agreements that require City Manager or Council approval. The recommended changes are designed to delegate approval authority from the Purchasing Agent to department directors whose budget areas are allocated to pay for the cost of the procured item.

Here are the recommended changes to the Purchasing Ordinance:

1. Amend the Purchasing Agent’s signature authority for annual dollar limit per vendor from $100,000 to $0.

2. Amend City Department Manager signature authority for annual dollar limit per vendor from $0 to $50,000.

3. Amend the City Department Head signature authority from annual dollar limit from $5,000 to $100,000.

City Buyers and the Purchasing Agent must approve all procurement activities as part of the electronic workflow process, and in doing so will review and ensure compliance with all relevant laws and policies.

The major driver to this improved process is to transfer approval of the use of City funds to the operating departments that are responsible for service delivery to the community, rather than the approval resting solely with the Purchasing Division. Upon commencement of a transaction via requisition entry, the ERP system automatically performs a budget check against the general ledger codes selected by the departmental user. Departmental approval is required based upon the amount of the transaction, with additional approvals required to ensure the City has appropriate insurance and legal protection depending on the type of goods/services being procured.

The City recently hired a new Purchasing Manager. She will return to the Finance and Governance Committee this fall or winter with further changes to the Purchasing Ordinance; however, due to the timing of Munis Core Financials, this amendment is pressing.

STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item will be going to the Finance and Governance Committee on April 12, 2022, and this report will be published at the same time as the April 12, 2022 agenda. Any recommended changes from the Finance and Governance Committee will be shared with Council during its meeting.

Prepared by: Mark Sewell, Assistant Chief Financial Officer, Betsy George, Chief Financial Officer

ATTACHMENTS

1. Purchasing Ordinance Amendment

2. Revised Oxnard Ordinance- Redline

3. Revisions to Procurement Ordinance Presentation
929

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING AND REPLACING PORTIONS OF ARTICLE V, OF CHAPTER 4 OF THE OXNARD CITY

CODE, RELATING TO PURCHASING AND CONTRACTING
WHEREAS, the City is implementing a new financial management system with improved internal controls and efficiencies, effective October 1, 2022; and, WHEREAS, in order to align the City’s procurement process with the new financial management system, minor changes are necessary to the City’s Procurement Ordinance.

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

Part 1. Section 4-1, of Article I, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety in the following way:
“For the purposes of Chapter 4, the following definitions and rules shall be observed, unless such would be inconsistent with the manifest intent of the city council:
(A) ANNUAL AUTHORIZATION - The maximum annual value that the city council delegates to an individual to award a purchase order or contract per vendor or consultant. (B) ANNUAL VALUE - The value of the contract per year, or if the contract does not list an annual amount, the total value of the contract divided by the number of years in the term of that contract.
(C) BEST VALUE - The expected outcome of a solicitation that in the city's estimation will provide the greatest overall benefit in response to the requirement, where price, quality, durability, servicing, delivery time, standardization, and/or other factors outlined in the purchasing manual are considered in the evaluation and selection process to minimize negative impacts and enhance the long-term performance and value of a solicitation submission.
(D) DEPARTMENT DIRECTOR - The most senior individual responsible for a City department.
(E) DEPARTMENT MANAGER - An employee entrusted with budgetary responsibility for a City Division, such as a Division Manager, City Engineer, or Assistant Director. (F) EMERGENCY - Either of the following:
(1) Regarding public projects, as defined in this chapter, the meaning provided in Cal.

Pub. Con. Code, Section 22050.
(2) Regarding all procurement unrelated to public projects, a condition or possible safety situation which makes bidding procedures, either formal or informal, impractical or not in the best interests of the city.
(G) FORCE ACCOUNT - Work performed on public projects using internal city resources, including, but not limited to, labor, equipment, materials, supplies and 930
subcontracts of the city.
(H) FORMAL SOLICITATION - A bid or proposal that must be submitted in a sealed envelope by mail, hand delivery or email or other electronic means, and in conformance with a prescribed format to be opened in public at a specified date and time or evaluated as delineated in the solicitation released, as established in the purchasing manual. (I) INFORMAL SOLICITATION - A competitive bid, price quotation, or proposal for any procurement other than a public project that is conveyed by mail, fax, email or other electronic means, or other written manner that does not require a sealed bid or proposal, public opening or other formalities.
(J) MAINTENANCE or MAINTENANCE WORK - The meaning provided in Cal. Pub.

Con. Code, Section 22002(d) and 8 CCR 16000.
(K) NEGOTIATED CONTRACT - A contract in an amount up to $100,000 that is awarded on the basis of a direct contract with a contractor, vendor or consultant without going through the competitive bidding process.
(L) PRINCIPAL BUSINESS OFFICE - The place where the principal officers or owners generally transact business, where reports are prepared, from which orders and payments are made, and that the business represents to government authorities as its principal office or principal place of business.
(M) PROFESSIONAL SERVICES - All services performed by persons or firms in a professional occupation, including, but not limited to, consulting and performance services for accounting, financial, economic, auditing, redevelopment, computer hardware and software support, engineering, architectural, landscape architectural, planning, environmental, land surveying, construction project management, personnel, social services, animal control, lobbying, grant-writing, legal, management, communication and other similar professional functions.
(N) PURCHASING AGENT - An employee whose responsibility it is to procure all supplies, equipment, public projects and services for the city, or that employee’s designee(s).
(O) PURCHASING MANUAL - The purchasing policies and procedures manual for the purpose of implementation of this chapter, as drafted, amended and adopted by the purchasing agent.
(P) PUBLIC PROJECT - The meaning provided in Cal. Pub. Con. Code. Section 22002(c).
(Q) SMALL LOCAL BUSINESS - A business entity that has for at least 36 months immediately preceding submittal of its bid held a current business license issued by the city, and maintained its principal business office within the city’s geographic boundaries, has average annual gross receipts of $20,000,000 or less over the 36 months immediately preceding submittal of its bid, and employs fewer than 100 employees, at least 50% of whom are Oxnard residents and have been Oxnard residents for at least 90 days prior to submission of the bid.
(R) TRADE SERVICE - A service that is not affiliated with a public project and either:
(1) Does not require specialized skill or certification, including, but not limited to, janitorial or maintenance work; or
(2) Requires manual skills and special training, but not particular education or degrees, including, but not limited to, mechanical or plumbing services.” 931
Part 3. Section 4-3(B), of Article I, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“Issue a purchase order or execute a contract for procurement required by any city department, in accordance with procedures prescribed by this chapter up to the purchasing agent’s annual authorization.”
Part 4. Section 4-3(M), of Article I, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“Recommend award of and execute a negotiated contract, subject to a department director or city manager’s approval, when the purchasing agent determines that obtaining bids, quotations and proposals is not in the city’s best interest.” Part 5. Section 4-11(B), of Article II, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The public works director and city manager each may procure, without public bidding, public projects that cost up to $5,000.”
Part 6. Section 4-12(B), of Article II, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The public works director and city manager each may each award, and the purchasing agent may execute, such a contract.”
Part 7. Section 4-13(A), of Article II, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“A public project in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, shall be bid out using the informal bidding procedures contained in Cal. Pub. Con. Code, Section 22034. Notice shall be provided in accordance with Cal.

Pub. Con. Code, Section 22034(a)(2). The public works director may award Tier 2 public project contracts up to $100,000; the city manager may award, and the purchasing agent may execute, any Tier 2 public project contracts.”
Part 8. Section 4-18, of Article II, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The public works director and city manager each may approve, and the purchasing agent may execute, any task order thereto that, collectively with all other task orders on the project, does not exceed the total contract value previously approved for the project.” 932
Part 9. Section 4-19, of Article II, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The public works director and city manager each may award, and the purchasing agent may execute, any change order to a contract that, collectively with all other change orders on the project, does not exceed the contract plus contingency amount, if any, previously approved for the project.”
Part 10. Section 4-31(B), of Article III, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:

“The director of each department and city manager may procure, without public bidding, purchases or leases of supplies or equipment that collectively cost up to $5,000 per vendor or consultant, per fiscal year.”
Part 11. Section 4-36, of Article III, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“When no responsive bids are received, subject to the department director or city manager’s award, the purchasing agent is authorized to negotiate for a written bid, and if the bid is for an amount over the city manager’s annual authorization, this contract shall be presented to the city council for award, and to the most senior available member of the city council for execution.”
Part 12. Section 4-39, of Article III, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“Where a contract has been awarded, the department director and city manager each may award, and the purchasing agent may execute, any purchase order thereto that, collectively with all other purchase orders, does not exceed the total contract value.” Part 13. Section 4-40, of Article III, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The department director and city manager each may approve, and the purchasing agent may execute, any change order to a purchase order or contract that, collectively with all other change orders on the project, does not exceed the contract plus contingency amount, if any, previously approved for the purchase or lease of supplies or equipment.” Part 14. Section 4-52(B), of Article IV, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The director of each department and city manager each may procure, without public bidding, trade or professional services that collectively cost up to $5,000 per vendor or 933
consultant, per fiscal year.”
Part 15. Section 4-59, of Article IV, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The department director and city manager each may approve, and the purchasing agent may execute, any task order that, collectively with all other task orders, does not exceed the total contract value previously approved for the trade or professional service.” Part 16. Section 4-60, of Article IV, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“The department director and city manager each may approve, and the purchasing agent may execute, any change order to a contract that, collectively with all other change orders related to that contract, does not exceed the contract plus contingency amount, if any, previously approved for this procurement. Once the contract plus contingency amount is met, any further change orders shall be submitted for approval by the city council”.

Part 17. Section 4-70, of Article V, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“Each department shall provide the purchasing agent with an annual report, listing all procurements awarded by that department within that reporting period.” Part 18. Section 4-72, of Article V, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“(A) Other than for the rental, lease or license of real property, a contract related to an exemption listed in section 4-5, or public projects listed in sections 4-12 and 4-13, a department manager may award any procurement contract or purchase order up to an annual authorization in the amount of $50,000.
(B) Other than for the rental, lease or license of real property, a contract related to an exemption listed in section 4-5, or public projects listed in sections 4-12 and 4-13, a department director may award any procurement contract or purchase order up to an annual authorization in the amount of $100,000.
(C) Other than for the rental, lease or license of real property or a contract related to an exemption listed in section 4-5, the city manager may award any procurement contract or purchase order up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time.
(D) Other than for the rental, lease or license of real property or a contract related to an exemption listed in section 4-5, the purchasing agent may execute any procurement contract, purchase order or amendment awarded by a department manager, department director or the city manager.
(E) Any amendment that, collectively with the original purchase order or contract and all 934
amendments thereto, does not exceed an individual’s annual authorization may be approved by him or her.
(F) If an individual has authority to award a purchase order or contract, he/she has the authority to amend such purchase order or contract, provided the total amount of that purchase order or contract, and all amendments thereto, does not exceed his/her annual authorization.
(G) The purchasing agent may terminate any purchase order or contract for procurement. (H) It shall be unlawful to split or separate into smaller purchase orders or contracts any procurement for the purpose of evading the provisions of this chapter.” Part 19. Section 4-75, of Article V, of Chapter 4 of the Oxnard City Code, is hereby amended in its entirety to read as follows:
“Other than for public projects, if the city council is not in session, or if there exists in the view of the purchasing agent an immediate need to do so, a purchase order, contract (including, but not limited to, a lease or license), change order or task order that otherwise would be submitted to the city council may be approved jointly by the city manager and the most senior available member of the city council, as executed by the purchasing agent. The city manager shall place the jointly executed document on the agenda for ratification at one of the next three regular city council meetings. Any document that is jointly approved in this way shall contain a provision that the authority to perform work under that document will automatically terminate on the date that ratification is denied, if it is.” Part 20. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
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Part 21. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 22. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. --- was first read on , 2022, and finally adopted on , 2022.

Part 23. This ordinance shall become effective on October 1, 2022.

Part 24. The City Council determines and finds that this ordinance is exempt from the California Environmental Quality Act under section 15061(b)(3) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
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CHAPTER 4: PUBLIC PROJECTS; PURCHASING AND CONTRACTING
ARTICLE I. GENERAL PROVISIONS
4-1. Definitions
4-2. Purpose
4-3. Purchasing agent
4-4. Conflict
4-5. Exemptions
4-6. No obligation to contract
ARTICLE II. PUBLIC PROJECTS
4-10. Uniform Public Construction Cost Accounting Act
4-11. Bids required
4-12. Tier 1 public projects
4-13. Tier 2 public projects
4-14. Tier 3 public projects
4-15. Rejecting all bids
4-16. Bonds
4-17. Contracts
4-18. Task orders
4-19. Change orders
4-20. Emergencies
ARTICLE III. SUPPLIES AND EQUIPMENT
4-30. Applicability
4-31. Bids required
4-32. Brand and trade names
4-33. Informal solicitation
4-34. Formal solicitation
4-35. Publication
4-36. No responsive bids
4-37. Receipt or rejection of bids
4-38. Purchase orders and contracts
4-39. Purchase orders pursuant to contract
4-40. Change orders
4-41. Urgency
ARTICLE IV. TRADE AND PROFESSIONAL SERVICES
4-50. Applicability
4-51. [Reserved for living wage policy]
4-52. Bids or proposals required
4-53. Brand and trade names
4-54. Informal solicitation
4-55. Formal solicitation
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4-56. Publication
4-57. Receipt or rejection of bids or proposals
4-58. Contracts
4-59. Task orders
4-60. Change orders
4-61. Urgency
ARTICLE V. ADDITIONAL PROCEDURES
4-70. Regular reporting
4-71. Small local business purchasing preference program 4-72. Annual authorization
4-73. Approval as to form
4-74. Contract term
4-75. Immediate need
4-76. Real property
4-77. Credit cards
ARTICLE VI. SALE OF SUPPLIES, EQUIPMENT AND SERVICES
4-80. Sale of supplies, equipment and services
ARTICLE I. GENERAL PROVISIONS
SEC. 4-1. DEFINITIONS.

For the purposes of Chapter 4, the following definitions and rules shall be observed, unless such would be inconsistent with the manifest intent of the city council:
(A) ANNUAL AUTHORIZATION - The maximum annual value that the city council delegates to an individual to award and execute a purchase order or contract per vendor or consultant.
(B) ANNUAL VALUE - The value of the contract per year, or if the contract does not list an annual amount, the total value of the contract divided by the number of years in the term of that contract.
(C) BEST VALUE - The expected outcome of a solicitation that in the city's estimation will provide the greatest overall benefit in response to the requirement, where price, quality, durability, servicing, delivery time, standardization, and/or other factors outlined in the purchasing manual are considered in the evaluation and selection process to minimize negative impacts and enhance the long-term performance and value of a solicitation submission.
(D) DEPARTMENT DIRECTOR - The most senior individual responsible for a City department.
(E) DEPARTMENT MANAGER - An employee entrusted with budgetary responsibility for a City Division, such as a Division Manager, City Engineer, or Assistant Director. (DF) EMERGENCY - Either of the following:
(1) Regarding public projects, as defined in this chapter, the meaning provided in Cal.

Pub. Con. Code, Section 22050.
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(2) Regarding all procurement unrelated to public projects, a condition or possible safety situation which makes bidding procedures, either formal or informal, impractical or not in the best interests of the city.
(EG) FORCE ACCOUNT - Work performed on public projects using internal city resources, including, but not limited to, labor, equipment, materials, supplies and subcontracts of the city.
(FH) FORMAL SOLICITATION - A bid or proposal that must be submitted in a sealed envelope by mail, hand delivery or email or other electronic means, and in conformance with a prescribed format to be opened in public at a specified date and time or evaluated as delineated in the solicitation released, as established in the purchasing manual. (GI) INFORMAL SOLICITATION - A competitive bid, price quotation, or proposal for any procurement other than a public project that is conveyed by mail, fax, email or other electronic means, or other written manner that does not require a sealed bid or proposal, public opening or other formalities.
(HJ) MAINTENANCE or MAINTENANCE WORK - The meaning provided in Cal. Pub. Con.

Code, Section 22002(d) and 8 CCR 16000.
(IK) NEGOTIATED CONTRACT - A contract in an amount up to $100,000 that is awarded on the basis of a direct contract with a contractor, vendor or consultant without going through the competitive bidding process.
(JL) PRINCIPAL BUSINESS OFFICE - The place where the principal officers or owners generally transact business, where reports are prepared, from which orders and payments are made, and that the business represents to government authorities as its principal office or principal place of business.
(KM) PROFESSIONAL SERVICES - All services performed by persons or firms in a professional occupation, including, but not limited to, consulting and performance services for accounting, financial, economic, auditing, redevelopment, computer hardware and software support, engineering, architectural, landscape architectural, planning, environmental, land surveying, construction project management, personnel, social services, animal control, lobbying, grant-writing, legal, management, communication and other similar professional functions.
(LN) PURCHASING AGENT - An employee whose responsibility it is to procure all supplies, equipment, public projects and services for the city, or that employee’s designee(s).
(MO) PURCHASING MANUAL - The purchasing policies and procedures manual for the purpose of implementation of this chapter, as drafted, amended and adopted by the purchasing agent.
(NP) PUBLIC PROJECT - The meaning provided in Cal. Pub. Con. Code. Section 22002(c). (OQ) SMALL LOCAL BUSINESS - A business entity that has for at least 36 months immediately preceding submittal of its bid held a current business license issued by the city, and maintained its principal business office within the city’s geographic boundaries, has average annual gross receipts of $20,000,000 or less over the 36 months immediately preceding submittal of its bid, and employs fewer than 100 employees, at least 50% of whom are Oxnard residents and have been Oxnard residents for at least 90 days prior to submission of the bid.
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(PR) TRADE SERVICE - A service that is not affiliated with a public project and either:
(1) Does not require specialized skill or certification, including, but not limited to, janitorial or maintenance work; or
(2) Requires manual skills and special training, but not particular education or degrees, including, but not limited to, mechanical or plumbing services.

SEC. 4-2. PURPOSE.
(A) The purpose of this chapter is to ensure that the city establishes an efficient centralized procurement system, and that goods, materials, public projects and services are procured at fair and competitive prices.
(B) This chapter provides procedures for the performance of public projects, the purchase of supplies and equipment, and contracting for services. (C) This chapter shall be interpreted and construed to be consistent with State law.

SEC. 4-3. PURCHASING AGENT.

Except as otherwise ordered by city council, the purchasing agent shall provide the services stated in this chapter on behalf of all city departments. In the performance of his/her duties, the purchasing agent shall comply with applicable law and city council orders, including limitations on purchasing procedures. The purchasing agent may:
(A) Prepare and issue all solicitations.
(B) Issue a purchase order or award and execute a contract for procurement required by any city department, in accordance with procedures prescribed by this chapter up to the purchasing agent’s annual authorization.
(C) Amend any contract for supplies, equipment and services in any way that does not change the annual value, including, but not limited to, amendments extending the contract term, changing a vendor, contractor or consultant’s legal name, or authorizing higher costs and rates.
(D) Negotiate and recommend award of contracts for the purchase of supplies, equipment and services.
(E) Act to procure for the city the needed quality in supplies, equipment, and services at the best value to the city.
(F) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases.
(G) Prepare and maintain for the city manager the purchasing manual, procurement card manual, and recommend revisions to both of these documents. (H) Keep informed of current developments in the field of purchasing, prices, market conditions and new products.
(I) Maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations.
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(J) Recommend to the city manager the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment that cannot be used by any department or that have become unsuitable for city use. (K) Use cooperative purchasing, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant.
(L) “Piggyback,” whereby the city utilizes another agency or jurisdiction’s solicitation results, but enters into a separate contract or issues a separate purchase order with the vendor.
(M) Recommend aAward of and execute a negotiated contract, subject to a department director or city manager’s approval, when the purchasing agent determines that obtaining bids, quotations and proposals is not in the city’s best interest. (N) Develop and maintain a list of contractors, vendors and professionals identified according to categories of work.
(O) Prequalify or prescreen contractors, vendors and consultants. (P) Maintain a list of the construction trade journals, as determined for the county by the California Uniform Construction Cost Accounting Commission, to which the city must deliver notice of all informal and formal construction contracts being bid for work within the county.

SEC. 4-4. CONFLICT.
(A) The provisions of this chapter shall not apply to the extent that they conflict, and shall be interpreted and construed to be consistent, with any applicable State or federal laws or regulations, or the terms and conditions of any grant, contract, gift or bequest otherwise consistent with law.
(B) Any evaluation or selection practice under this chapter that would result in unlawful activity, including, but not limited to, any rebate, kickback or unlawful consideration is expressly prohibited. Any award of a contract where a public official has used his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has a financial interest in any person or entity who seeks such a contract, or in the outcome of the selection process in any way, is expressly prohibited. (C) Prior to participating in any procurement, a staff member will have to state the nature and length of his/her relationship, if any, to all bidders or proposers as well as any other personal interest in the outcome of the solicitation. A staff member must immediately notify the purchasing agent and not review any materials or attend any meetings regarding the procurement until further instruction from the purchasing agent if that staff member has, or reasonably should know that he/she has, a prior relationship or personal interest in the outcome of the solicitation.

SEC. 4-5. EXEMPTIONS.
(A) The city manager may authorize, in writing, any department to procure specified supplies, equipment, public projects and services independently of the purchasing agent. 941
(B) The following are exempted from obtaining competitive bids and proposals:
(1) Contracts unrelated to the procurement of goods, materials, public projects or services.
(2) Advertising (e.g., air time and newspaper and magazine advertising space, but not including advertising agencies or design services).
(3) Bank service fees.
(4) Government printed publications.
(5) Common carrier transportation.
(6) Travel payments directly to a hotel, motel, airline or other transportation (but not a conference or meeting room rental).
(7) Insurance.
(8) Memberships in professional organizations.
(9) Credit card payments to a bank.
(10) Contracts with other governmental entities.
(11) Permit fees, including, but not limited to, those to another governmental agency for operation of a city utility.
(12) Postage and United States Postal Service post office box fees (not private mail companies).
(13) Real property purchases, escrow fees and lease payments. (14) Subscriptions to publications.
(15) Any utilities the city uses, including, but not limited to, payments for electricity or gas.
(16) Voting materials.
(17) Any other procurement exempted from bids or proposals in State or federal law. (18) Legal brief printing and transcription.
(19) Legal services and services relating to legal matters. (20) Anything relating to a confidential, ongoing police investigation and to other confidential police business.
(C) A purchase order, contract, or task order for legal services or services relating to legal matters may be awarded and executed by the city attorney, up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, or may be awarded and executed jointly by the city attorney and the most senior available member of the city council if over that amount. (D) A purchase order, contract, or task order relating to a confidential, ongoing police investigation or other confidential police business may be awarded and executed jointly by the police chief and city manager up to an annual authorization in the amount listed in Cal.

Pub. Con. Code, Section 22032(b), as may be changed from time to time, or may be awarded and executed jointly by the city manager and the most senior available member of the city council if over that amount.

SEC. 4-6. NO OBLIGATION TO CONTRACT.
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Nothing in this chapter shall require the city to authorize any purchase order or enter into any contract with any person or firm.

ARTICLE II. PUBLIC PROJECTS
SEC. 4-10. UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT.

The city council has elected to subject the city to the Uniform Public Construction Cost Accounting Act (Cal. Pub. Con. Code, Sections 22000 et seq.) in the performance of public projects. The procedures contained in this chapter are intended to implement and be consistent with such Act.

SEC. 4-11. BIDS REQUIRED.
(A) Other than for public projects in the amount listed in Cal. Pub. Con. Code, Section 22032(a), as may be changed from time to time, that are performed by force account, price quotations or bids shall be obtained for all public projects that cost over $5,000. (B) The purchasing agent, public works director and city manager each may procure, without public bidding, public projects that cost up to $5,000.

SEC. 4-12. TIER 1 PUBLIC PROJECTS.
(A) A public project in the amount listed in Cal. Pub. Con. Code, Section 22032(a), as may be changed from time to time, and costing over $5,000 that is not performed by force account requires at least three written bids. The purchasing agent shall use his/her discretion if three written bids cannot be obtained.
(B) The purchasing agent, public works director and city manager each may each award, and the purchasing agent may execute, such a contract.

SEC. 4-13. TIER 2 PUBLIC PROJECTS.
(A) A public project in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, shall be bid out using the informal bidding procedures contained in Cal. Pub. Con. Code, Section 22034. Notice shall be provided in accordance with Cal. Pub. Con. Code, Section 22034(a)(2). The purchasing agent and public works director may award and execute Tier 2 public project contracts up to $100,000; the city manager may award, and the purchasing agent may execute, any Tier 2 public project contracts.
(B) If all bids received are in excess of the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, the city council may, by adoption of a resolution by a four-fifths vote, award the contract up to the higher amount listed in Cal.

Pub. Con. Code, Section 22034(d) to the lowest responsible bidder if the council determines the city’s cost estimate was reasonable.
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SEC. 4-14. TIER 3 PUBLIC PROJECTS.
(A) A public project in the amount listed in Cal. Pub. Con. Code, Section 22032(c), as may be changed from time to time, shall be bid out using the formal bidding procedures contained in Cal. Pub. Con. Code, Section 22037.
(B) The city engineer shall adopt plans, specifications and working details for all Tier 3 public projects.

SEC. 4-15. REJECTING ALL BIDS.

The purchasing agent may at any time reject all bids.

SEC. 4-16. BONDS.

In awarding a contract involving an expenditure in excess of the amount listed in Cal. Civil Code, Section 9550, the city shall require both faithful performance and payment bonds, each in the amount required by Cal. Civil Code, Section 9554. Such bonds shall be issued by an admitted surety insurer.

SEC. 4-17. CONTRACTS.

Any public project over the amount listed in Cal. Labor Code, Section 1771, as may be amended from time to time, per contractor, shall be made by contract.

SEC. 4-18. TASK ORDERS.

The purchasing agent, public works director and city manager each may approve, and the purchasing agent may execute, any task order thereto that, collectively with all other task orders on the project, does not exceed the total contract value previously approved for the project.

SEC. 4-19. CHANGE ORDERS.

The purchasing agent, public works director and city manager each may award, and the purchasing agent may execute, any change order to a contract that, collectively with all other change orders on the project, does not exceed the contract plus contingency amount, if any, previously approved for the project.

SEC. 4-20. EMERGENCIES.
(A) In cases of emergency, including, but not limited to, states of emergency defined in Cal. Gov’t Code, Section 8558, when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, 944
specifications or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contractor, or by a combination of the two. Cal. Pub. Con. Code, Section 22050 shall apply when a notice for bids to let contracts is not given.
(B) The city manager and purchasing agent each may order any action pursuant to Cal.

Pub. Con. Code, Section 22050.

ARTICLE III. SUPPLIES AND EQUIPMENT
SEC. 4-30. APPLICABILITY.

This article shall not apply to supplies or equipment associated with a public project.

SEC. 4-31. BIDS REQUIRED.
(A) Except when the supplies or equipment can be obtained from only one source, or when the purchasing agent determines that obtaining bids and price quotations is not in the city’s best interest, at least three written price quotations or bids shall be obtained for all purchases or leases of supplies or equipment that collectively cost over $5,000 per vendor or consultant, per fiscal year. The purchasing agent shall use his/her discretion if quotes and bids should not or cannot be obtained.
(B) The purchasing agent and the director of each department and city manager may procure, without public bidding, purchases or leases of supplies or equipment that collectively cost up to $5,000 per vendor or consultant, per fiscal year.

SEC. 4-32. BRAND AND TRADE NAMES.
(A) A request for quotations or bids shall not be drafted calling for designated supplies and equipment by specific brand or trade names, unless immediately followed by the words “or equal” so that bidders may furnish any equal supplies or equipment. A request to substitute equivalent supplies or equipment must be in writing and submitted by the time listed in the request for quotations or bids, or if no such time is written therein, with the quotation or bid submission. A request to substitute equivalent supplies or equipment must include all data necessary to demonstrate acceptability. The burden of proof as to the comparative quality and suitability of the alternative supplies or equipment shall be upon the bidder, and the bidder shall furnish, at his/her/its own expense, all information necessary or related thereto as required by the purchasing agent. (B) Subsection (A) is not applicable if:
(1) The purchasing agent makes a written finding in the request for quotations or bids that particular supplies or equipment are designated by specific brand or trade names for any of the following purposes:
(a) In order that a field test or experiment may be made to determine the supplies’ or equipment’s suitability for future use.
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(b) In order to match other supplies or equipment in use on a particular project, either completed or in the course of completion, or on a service already provided or being provided.
(c) In order to obtain necessary supplies or equipment that are only available from one source.
(d) In order to respond to an emergency declared by the city, the State, a State agency, a political subdivision of the State or the federal government. (2) The individual or entity with the authority to award a purchase order or contract determines that the purchase of supplies or equipment of a particular brand or trade name are for a valid purpose.

SEC. 4-33. INFORMAL SOLICITATION.

The purchasing agent shall perform informal solicitations for the purchases of supplies and equipment (unrelated to a public project) up to $100,000.

SEC. 4-34. FORMAL SOLICITATION.

The purchasing agent shall perform formal solicitations for the purchases of supplies and equipment (unrelated to a public project) over $100,000.

SEC. 4-35. PUBLICATION.

Notice inviting bids shall be published either in a newspaper of general circulation, an eprocurement website, and/or by any other method of advertising that is recognized and accepted for public agency purchasing and is consistent with applicable State law. It shall be the responsibility of the purchasing agent to encourage as wide a response as possible from prospective vendors.

SEC. 4-36. NO RESPONSIVE BIDS.

When no responsive bids are received, subject to the department director or city manager’s award, the purchasing agent may elect to award and execute a negotiated contract. The purchasing agent is authorized to negotiate for a written bid, and if the bid is for an amount over the city manager’s annual authorization, this contract shall be presented to the city council for award, and to the most senior available member of the city council for execution.

SEC. 4-37. RECEIPT OR REJECTION OF BIDS.
(A) The city may accept a bid or proposal on the basis of the lowest bid or the best value. 946
(B) If two or more bids received are for the same total amount or unit price, the city may accept the one it chooses on the basis of the lowest bid made by negotiation or the best value.
(C) The purchasing agent may at any time reject all bids.

SEC. 4-38. PURCHASE ORDERS AND CONTRACTS.
(A) Any supplies and equipment over $5,000 per vendor per fiscal year shall be made only by a purchase order or contract.
(B) Every purchase order or contract shall be awarded either to the most responsive, responsible bidder, or to the bidder offering the best value.

SEC. 4-39. PURCHASE ORDERS PURSUANT TO CONTRACT.

Where a contract has been awarded, the purchasing agentdepartment director and city manager each may award, and the purchasing agent may execute, any purchase order thereto that, collectively with ail other purchase orders, does not exceed the total contract value.

SEC. 4-40. CHANGE ORDERS.

The purchasing agentdepartment director and city manager each may approve, and the purchasing agent may execute, any change order to a purchase order or contract that, collectively with all other change orders on the project, does not exceed the contract plus contingency amount, if any, previously approved for the purchase or lease of supplies or equipment.

SEC. 4-41. URGENCY.

Sections 4-31 through 4-37 shall not apply to a situation that, at the city manager’s discretion:
(A) Does not permit obtaining price quotations or bids; and (B) Public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property, or to mitigate severe economic expenses.

ARTICLE IV. TRADE AND PROFESSIONAL SERVICES
SEC. 4-50. APPLICABILITY.

This article shall not apply to trade or professional services associated with a public project.
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SEC. 4-51. [RESERVED FOR LIVING WAGE POLICY]
SEC. 4-52. BIDS OR PROPOSALS REQUIRED.
(A) Except when the service can be obtained from only one source, or when the purchasing agent determines that obtaining price quotations, bids and proposals is not in the city’s best interest, at least three written price quotations, bids or proposals shall be obtained for all trade or professional services that collectively cost over $5,000 per vendor or consultant, per fiscal year. The purchasing agent shall use his/her discretion if price quotations, bids and proposals should not or cannot be obtained. (B) The purchasing agent and the director of each department and city manager each may procure, without public bidding, trade or professional services that collectively cost up to $5,000 per vendor or consultant, per fiscal year.

SEC. 4-53. BRAND AND TRADE NAMES.
(A) A request for quotations, bids or proposals regarding a service shall not be drafted calling for designated supplies and equipment by specific brand or trade names to be used in providing that service, unless immediately followed by the words “or equal” so that bidders or proposers may furnish any equal supplies or equipment in providing that service. A request to substitute equivalent supplies or equipment must follow the process outlined in section 4-22, and the burden of proof is likewise on the bidder or proposer as explained in that section.
(B) Subsection (A) is not applicable if any exemption listed in section 4-22 applies.

SEC. 4-54. INFORMAL SOLICITATION.

The purchasing agent shall perform informal solicitations for the purchase of trade and professional services (unrelated to a public project) up to $100,000.

SEC. 4-55. FORMAL SOLICITATION.

The purchasing agent shall perform formal solicitations for the purchase of supplies and equipment (unrelated to a public project) over $100,000.

SEC. 4-56. PUBLICATION.

Notice inviting bids or proposals shall be published either in a newspaper of general circulation, an e-procurement website, and/or by any other method of advertising that is recognized and accepted for public agency purchasing and is consistent with applicable State law. It shall be the responsibility of the purchasing agent to encourage as wide a response as possible from prospective vendors or consultants. 948
SEC. 4-57. RECEIPT OR REJECTION OF BIDS OR PROPOSALS.
(A) The city may accept a bid or proposal on the basis of the lowest bid or the best value. (B) In the case of bids for price only, if two or more bids received are for the same total amount or unit price, the city may accept the one it chooses on the basis of the lowest bid made by negotiation or the best value.
(C) The purchasing agent may reject all bids or proposals.

SEC. 4-58. CONTRACTS.
(A) Any trade services over the amount listed in Cal. Labor Code, Section 1771, as may be amended from time to time, per vendor, per fiscal year, shall be made only by contract. Every contract shall be awarded either to the most responsive, responsible bidder, or on the basis of demonstrated competence and on the qualifications necessary for the satisfactory performance of the services.
(B) Any professional services over $5,000 per consultant, per fiscal year, shall be made only by contract. Every contract shall be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services.

SEC. 4-59. TASK ORDERS.

The purchasing agentdepartment director and city manager each may approve, and the purchasing agent may execute, any task order that, collectively with all other task orders, does not exceed the total contract value previously approved for the trade or professional service.

SEC. 4-60. CHANGE ORDERS.

The purchasing agentdepartment director and city manager each may approve, and the purchasing agent may execute, any change order to a contract that, collectively with all other change orders related to that contract, does not exceed the contract plus contingency amount, if any, previously approved for this procurement. Once the contract plus contingency amount is met, any further change orders shall be submitted for approval by the city council.

SEC. 4-61. URGENCY.

Unless otherwise required by law, sections 4-52 through 4-57 shall not apply in a situation in which, at the city manager’s discretion:
(A) Does not permit obtaining price quotations, bids or proposals; and 949
(B) Public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property, or to mitigate severe economic expenses.

ARTICLE V. ADDITIONAL PROCEDURES
SEC. 4-70. REGULAR REPORTING.

Each department shall provide the purchasing agent with an annual report, listing all procurements awarded and/or executed by that department within that reporting period.

SEC. 4-71. SMALL LOCAL BUSINESS PURCHASING PREFERENCE PROGRAM. (A) In cases where the city code requires a written competitive bid for the purchase of goods or services, in determining the lowest responsible bidder, when responsibility and quality are equal, a credit in a percentage of the bid submitted by the lowest responsible bidder meeting specifications shall be given to a bidder that meets the definition of a “small local business” in this chapter as follows: 5% of the amount up to $500,000; 4% of the amount between $500,001 and $750,000; 3% of the amount between $750,001 and $1,000,000; 2% of the amount between $1,000,001 and $1,250,000 and 1% of the amount between $1,250,001 and $1,500,000. For example, if the lowest responsible bid is $1,000,000, the preference would be $42,500 ($500,000 x .05 + $250,000 x .04 + $250,000 x .03). The preference applies to all contracts, including contracts over $1,500,000, but the amount of the preference is limited, as provided herein, so that the maximum preference is $50,000.
(B) As an alternative to the employment requirements described in the definition of a “small local business,” and only with respect to trade services or construction contracts to perform for which the contractor intends to hire employees or to subcontract, a contractor submitting a bid shall satisfy the resident employment requirements for obtaining preference as follows. With the submission of its bid, the contractor shall submit a certification, under penalty of perjury, that it has verified its own proposed employee base for performance of the contract and confirmed with all subcontractors providing bids used to formulate the contractor's bid, all of whom have subcontracted with or will subcontract with the contractor, that at least 50% of the labor hours devoted to performance of the contract will be provided by residents of the city. During or within one year after performance of the contract, the city manager shall have the right to audit all the contractor’s records to confirm the accuracy of the contractor’s certification. The contractor shall provide to the city all documents (including subcontractors’ records) appropriate to perform such an audit. Should it be determined, after such audit by the city manager, that the requirements of this subsection have not been met, or should the contractor not upon request provide documents sufficient for the audit required by this subsection to be performed, the contractor shall be required to pay upon demand to the city the entire amount of any preference granted, which amount may be withheld from any payment otherwise due the contractor. The foregoing is in addition to any other 950
consequences that may be imposed upon the contractor for violation of the provisions of a city ordinance. The city manager’s determination under this subsection may be reviewed pursuant to sections 1-55 et seq. of the city code.
(C) Subject to review by the city manager, the requirements to obtain a small local business preference may be established by submission with the bid of certification, under penalty of perjury, that the business meets such requirement, including a list showing all employee addresses, and affirming that the employees have granted permission for the use of their addresses.
(D) The city manager shall determine whether a business is a small local business under this section, including whether the principal office of the business is in the city, and whether employees are residents of the city. The city manager's determination shall be final and not appealable under any provision of the city code, except for the determination described in subsection (B) of this section.
(E) The city manager may adopt, or instruct the purchasing agent to adopt, such regulations, applications and forms as the city manager determines are appropriate to implement the provisions of this section.
(F) The provisions of this section shall not apply when the small local business preference described herein is contrary to or precluded by requirements of State or federal law, or contrary to or precluded by requirements of a State or federal funding source or program providing assistance to the city for the particular project. (G) In addition to any other consequence that may be imposed for violation of a city ordinance, the city manager may prohibit a business entity that he/she determines has falsely claimed to be a small local business from bidding on city contracts for a period of up to five years. The city manager’s determination may be reviewed pursuant to sections 1-55 et seq. of the city code.

SEC. 4-72. ANNUAL AUTHORIZATION.
(A) Other than for the rental, lease or license of real property, a contract related to an exemption listed in section 4-5, or public projects listed in sections 4-12 and 4-13, department managers may award any procurement contract or purchase order up to an annual authorization in the amount of $50,000.
(A)(B) Other than for the rental, lease or license of real property, a contract related to an exemption listed in section 4-5, or public projects listed in sections 4-12 and 4-13, department directors may award any procurement contract or purchase order up to an annual authorization in the amount of $100,000.
(B) Other than for the rental, lease or license of real property or a contract related to an exemption listed in section 4-5, the purchasing agent may award and execute any procurement contract or purchase order up to an annual authorization in the amount of $100,000.
(B C) Other than for the rental, lease or license of real property or a contract related to an exemption listed in section 4-5, the city manager may award and execute any procurement contract or purchase order up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time. 951
(A)(D) Other than for the rental, lease or license of real property or a contract related to an exemption listed in section 4-5, the purchasing agent may execute any procurement contract, purchase order or amendment awarded by a department manager, department director or the city manager.
(CE) Any amendment that, collectively with the original purchase order or contract and all amendments thereto, does not exceed an individual’s annual authorization may be approved and executed by him or her.
(DF) If an individual has authority to award a purchase order or contract, he/she has the authority to amend such purchase order or contract, provided the total amount of that purchase order or contract, and all amendments thereto, does not exceed his/her annual authorization.
(EG) The purchasing agent may terminate any purchase order or contract for procurement.
(FH) It shall be unlawful to split or separate into smaller purchase orders or contracts any procurement for the purpose of evading the provisions of this chapter.

SEC. 4-73. APPROVAL AS TO FORM.

All purchase orders, contracts, amendments, task orders, change orders and terminations shall be approved as to form by the city attorney.

SEC. 4-74. CONTRACT TERM.

The city may enter into a contract for a term consistent with the industry standard term for that particular supply, equipment or service.

SEC. 4-75. IMMEDIATE NEED.

Other than for public projects, if the city council is not in session, or if there exists in the view of the purchasing agent an immediate need to do so, a purchase order, contract (including, but not limited to, a lease or license), change order or task order that otherwise would be submitted to the city council may be approved jointly by the city manager and the most senior available member of the city council, as executed by the purchasing agent. The city manager shall place the jointly executed document on the agenda for ratification at one of the next three regular city council meetings. Any document that is jointly approved in this way shall contain a provision that the authority to perform work under that document will automatically terminate on the date that ratification is denied, if it is.

SEC. 4-76. REAL PROPERTY.

The purchasing agent may award and execute up to an annual authorization of $50,000, and the city manager may award and execute up to an annual authorization of $100,000, any contract for the rental, lease or license of real property for periods of time not to exceed three years.
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SEC. 4-77. CREDIT CARDS.

City staff may use city-issued credit cards to pay for supplies and equipment purchased for the city and for city-related training and travel. The purchasing agent shall develop and maintain a procurement card manual for the issuance, oversight, and use of such credit cards.

ARTICLE VI. SALE OF SUPPLIES, EQUIPMENT AND SERVICES
SEC. 4-80. SALE OF SUPPLIES, EQUIPMENT AND SERVICES.
(A) The purchasing agent may sell, trade or otherwise dispose of supplies and equipment that are no longer used or have become obsolete or worn out, including awarding and executing contracts to sell, trade in or otherwise dispose of such supplies and equipment.
(B) The city manager may award and execute contracts to provide city staff s trade or professional services to another entity.
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REVISIONS TO THE CITY’S

PROCUREMENT ORDINANCE
Presentation to City Council
Mark Sewell, Assistant Chief Financial Officer
April 19, 2022
954
That theCity Council introduce an amendment to the
City’s Procurement Ordinance in preparation for launch
of the Core Financials phase of Tyler Munis.

RECOMMENDATION 2
955
• Defines Rules for all City Procurement.
• Adopted June 19, 2018.
• Recommendation to Amend Signature Authority
• To Align with Municipal Best Practices
• To Align with New, Modern System Functionality
• Amend the Purchasing Agent’s approval authority for
annual dollar limit per vendor from $100,000 to $0.
• Amend City Department Manager approval authority for
annual dollar limit per vendor from $0 to $50,000.
• Amend the City Department Director approval authority from annual dollar limit from $5,000 to $100,000.

RECOMMENDED CHANGES TO PROCUREMENT ORDINANCE 3
956

WHAT CHANGES ARE RECOMMENDED
Approval Authority for Contracts/Purchase Orders/Change Orders/ Task Orders Other Than for Real Property
4 Annual Limit Per Vendor Per Fiscal Year / Citywide
Position Current Recommended
Department Director $5,000 $100,000*
Department Manager $0 $50,000
Purchasing Agent** $100,000 $0
Public Works Director (Public Projects) $100,000 $100,000 City Manager $200,000 $200,000
City Council >$200,000 >$200,000
* Except public projects (construction); that is only for the Public Works Director ** Purchasing Agent will execute to be included in all procurement approvals ensuring compliance to policies.
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• Opportunity to Update existing Ordinance to Leverage
ERP.
• Centralized Purchasing
• Electronic Cross Functional Approval Processes
• System Audit Logs Track all Actions
• Electronic Document Storage and Retrieval
• Automated Budget Checking
• Enhanced Consolidated Vendor / Transaction Reporting
• Transfer approval of the use of City funds to the
operating departments that are responsible for service
delivery to the community.
• Increased Operational Efficiency
• Automated Budget Checking, Electronic Approval Routing WHY CHANGES ARE RECOMMENED? 5
958
That theCity Council introduce an amendment to the
City’s Procurement Ordinance in preparation for launch
of the Core Financials phase of Tyler Munis.

RECOMMENDATION 6
959
QUESTIONS?
7 960