Public Works & Transportation Committee
April 25, 2023

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)

AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
April 25, 2023
Regular Meeting - 8:30 to 10:00 PM

Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 813 7138 5842

3. Passcode: 306345

If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.

*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING

1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE April 25, 2023 - Page 2

a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the April 11, 2023 regular meeting as presented.

Contact: Rose Chaparro, (805) 385-7805
D. REPORTS

1. Public Works Department

SUBJECT: Trade Services Agreement 32300349 with Quinn Company, for Preventative Maintenance and On-Call Repairs for Portable Generators & Heavy Equipment. Specification No.

PW 23-66. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Quinn Company for an amount not to exceed $840,000 for a three-year term for the maintenance of portable generators and heavy equipment.

Please click the following link to view the required Measure M pre-recorded presentation 2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE April 25, 2023 - Page 3

video: https://youtu.be/C0wYjmK5cis
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department

SUBJECT: Second Amendment to Agreement No. 9315-21-PW with Econolite Systems Incorporated for Traffic Signal Preventive, Emergency, and Non-Emergency Maintenance Services. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the execution of a Second Amendment to an Agreement with Econolite Systems Incorporated to increase the not to exceed amount from $300,000 to $500,000 for traffic signal preventive, emergency, and non-emergency maintenance services and extend the contract termination date to June 30, 2025.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lyKms9p0TFE
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS

F. ADJOURNMENT

3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

CONSENT AGENDA
AGENDA ITEM NO. C.1

DATE: April 25, 2023

TO: Public Works and Transportation Committee

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Public Works & Transportation Committee approve the minutes of the April 11, 2023 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item.

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 04 11 2023 Public Works & Transportation

4 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
April 11, 2023

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE

At 8:3 0 p.m., Member John C. Zaragoza called to order the regular meeting of the Oxnard City Council Publ ic Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The Assistant City Clerk called the roll and announced the posting of the agenda. Member Arthur Valenzuela and Member John C. Zaragoza were present in person.

Chair Bert Perello was absent.

Staff members present in person were Alexander Nguyen, City Manager; Michelle (Elle) McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Timothy Beaman, Supervising Civil Engineer; Roberto Serrato, Recycling Manager and Dee Lai, Assistant City Clerk.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the March 28, 2023 regular meeting as presented.

It was moved by Member Valenzuela, seconded by Member Zaragoza, to approve the meeting minutes as presented. VOTE: Valenzuela and Zaragoza voted in favor, the motion carried 2-

0. Chair Perello was absent.

D. REPORTS

1. Public Works Department
SUBJECT: Updates to the Five Year Capital Improvement Program for Fiscal Years 2022-2027.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council:

1. Approve and adopt updates to the 2022-2027 City of Oxnard Five Year Capital Improvement Program; and

5 APRIL 11, 2023 OXNARD CITY COUNCIL PAGE 2

PUBLIC WORKS & TRANSPORTATION COMMITTEE

2. Authorize project budget appropriations of $2,000,000 in Fiscal Year 2022-23 from the Capital Growth Fees Fund for the Fire Station 4 Rebuild Project (C1702/172201).

Michael Wolfe, Public Works Director presented and answered the Committee’s questions.

No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Member Valenzuela , seconded by Member Zaragoza, to approve the recommended action as presented. VOTE: Valenzuela and Zaragoza voted in favor, the motion carried 2-0. Chair Perello was absent.

2. Public Works Department
SUBJECT: State of California's Corrective Action Plan for the City of Oxnard's Solid Waste Operations.

RECOMMENDATION: That the Public Works and Transportation Committee recommends that the City Council receive and file the State of California Senate Bill 619 Corrective Action Plan (CAP) for the City of Oxnard's Solid Waste Operations.

Brian Yanez, Assistant Public Works Director and Roberto Serrato, Recycling Manager presented and answered the Committee’s questions. No public comments were received.

Discussion ensued among the Committee and staff.

The report was received and filed, no formal action was required.

E. ITEMS FOR FUTURE AGENDAS (No requests were made.)

F. ADJOURNMENT
There being no further business on the agenda, and without objection, Member Zaragoza adjourned the meeting at 8:57 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Member

6 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: April 25, 2023

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Trade Services Agreement 32300349 with Quinn Company, for Preventative Maintenance and On-Call Repairs for Portable Generators & Heavy Equipment. Specification No. PW 23-66. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Quinn Company for an amount not to exceed $840,000 for a three- year term for the maintenance of portable generators and heavy equipment.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/C0wYjmK5cis

BACKGROUND

As part of normal operations, the Water, Wastewater, Stormwater, and Environmental Resources Divisions own and operate a multitude of heavy machinery and equipment. This equipment includes, but is not limited to skid-steers, skip loaders, excavators, backhoes, and backup generators. This equipment has commonly been used to move earth and sand, uncover underground utilities, and provide reliable power during power outages.

In an effort to keep these crucial pieces of equipment at an optimal operational capacity, the Public Works Department has set up an on-call agreement for regular and as-needed maintenance. The Public Works Department has been using this type of service for various divisions for the past nine years under a purchase order.

DISCUSSION

The Purchasing Department released a Request for Bid (RFB) PW23-66 for Preventative Maintenance and On- Call Repairs for Portable Generators & Heavy Equipment on December 29, 2022, with a bid due date of February 22, 2023. RFB PW23-66 received one bid from Quinn Company (Quinn).

The bid was reviewed by the Purchasing Division, AWPF, Wastewater, and Environmental Resources Divisions. Staff has determined Quinn to be a responsive bidder pursuant to the process outlined in the Oxnard Municipal Code. The RFB includes site-specific service requirements to ensure each individual location has the required level of service. Additionally, through this agreement, the City will be allowed to rent out heavy machinery from Quinn on an as-needed basis for emergencies and day to day operations.

7 Staff has confirmed that Quinn meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the vendor is capable of satisfactorily providing the necessary services. Despite receiving only one bid, staff has determined that the amount is reasonable based upon current and past service with Quinn. Quinn is local to the Oxnard area and has previously provided good service.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement 32300349 shall not exceed $840,000 over the term of three years. The estimated annual spending plan is $280,000 commencing July 1, 2023. Funding for subsequent fiscal years will be requested during the annual budget process for the City Council’s consideration.

ESTIMATED SPENDING PLAN
Division Account FY 23-24 FY 24-25 FY 25-26 Total
Wastewater 6113615-53200 $35,000 $35,000 $35,000 $105,000 Stormwater 1143502-57000 $45,000 $45,000 $45,000 $135,000 Environmental Resources 6313636-52110 $40,000 $40,000 $40,000 $120,000 Environmental Resources 6313630-53200 $45,000 $45,000 $45,000 $135,000 Environmental Resources 6313636-57000 $25,000 $25,000 $25,000 $75,000 Water 6013600-53200 $20,000 $20,000 $20,000 $60,000
Fleet 7413750-55030 $50,000 $50,000 $50,000 $150,000
Facilities 7353740-57000 $20,000 $20,000 $20,000 $60,000 Total $280,000 $280,000 $280,000 $840,000

Prepared by: Brian Yanez, Assistant Public Works Director, Steve Howlett, Assistant Public Works Director, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300349

2. Presentation

8 Agreement No. 32300349
T

RADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND QUINN COMPANY
B
y This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of QUINN COMPANY (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SU
MMARY DESCRIPTION OF SERVICES. On-Call Preventative Maintenance and Repairs for Portable Generator and Heavy Equipment Services

2. P
ARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Q
uinn Company (“SERVICE PROVIDER”), a corporatio n of the State of California, located at 801 Del Norte Blvd. Oxnard, California 93030

3. TE
RM OF AGREEMENT: From : July 1, 2023 To : June 30, 2024

3. 1 Time is of the essence in this Agreement.

3. 2 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 day
s written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY ’s ex
ercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with section 20 of this Agreement.

3. 3 The CITY shall have the option for ( 2) tw o consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.4 All services required of SERVICE PROVIDER under this Agreement shall be c
ompleted on or before the end of the term of the Agreement.

4. A
GREEMENT AMOUNT: $840,000

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

9 Agreement No. 32300349
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Schedule of Services
Exhibit D: Insurance Requirements
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Cliff Reilly Name: Fernando Gonzalez
Title: Wastewater Maint. Manger Title: Product Support Serv. Rep.

Phone: (805) 271-2228 Phone: (805) 278-8715 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
6001 Perkins Road 10006 Rose Hills Road
Oxnard, California 93033 City of Industry, California 90601

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

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

7.3. All proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

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

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

10 Agreement No. 32300349

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

9. COMPENSATION.

CITY shall pay SERVICE PROV IDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount that is listed in “Exhibit B.” Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within forty - five (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore.

The CITY may withhold payment for such disputed items until resolution of the dispute.

10.1 Payment Request. SERVICE PROVIDER sh all 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. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER 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.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER 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 SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumpti on of responsibility or liability by CITY for any defect or error in the Services performed

11 Agreement No. 32300349
by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

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

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2 and 3.3, this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

13. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER 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 SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER 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 SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services

12 Agreement No. 32300349
for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER 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.

SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER 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. SERVI CE PROVIDER 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.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

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

13 Agreement No. 32300349

17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

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

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure

14 Agreement No. 32300349
to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

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

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

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement.

15 Agreement No. 32300349

20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE P ROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE

16 Agreement No. 32300349
PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is establishe d. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be res tricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER 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. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’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 SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager

17 Agreement No. 32300349
waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. A
pplication. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

27. CO NFLICT OF INTEREST

18 Agreement No. 32300349
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall b e employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. [RESERVED] -

29. [RESERVED] -

30. DISPUTES.

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

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

19 Agreement No. 32300349
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER 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 SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER 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.

33. ADVERTISING AND PUBLICITY

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

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER 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.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

20 Agreement No. 32300349

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

37. SEVERABILITY.

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

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefi t of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

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

42. INCONSISTENT OR CONFLICTING TERMS.

21 Agreement No. 32300349

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

43. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.

[Signatures on next page]

22 Agreement No. 32300349

In witness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD QUINN COMPANY

☐John C. Zaragoza, Mayor1 Date Spencer Quinn, Date ☐Jennifer Yates, 2 ___________ Senior Vice President Purchasing Manager Date

Michelle Locke, CFO3 Date

ATTEST:

Rose Chaparro, CITY Clerk Date
(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 execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
• For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
• For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or • For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, pleas e submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

23 Agreement No. 32300349

EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Quinn Company)

SCOPE OF SERVICES

The Service Provider shall furnish all necessary labor, materials, equipment, and other incidental and appurtenant Work to provide Generator and Equipment Preventative Maintenance and Repair Services for the City of Oxnard.

The Service Provider is the Manufacturer’s authorized sales and service provider for the products in the scope of work

The Service Provider is an authorized representative of the products in the scope of work in the territory/ local area where the service shall be performed.

The scope of Work shall include, but not be limited to:

PM Level 1 (Multi-Point Inspection)

• One (1) visit per year
• Comprehensive detailed inspection of unit(s)
• Check/ adjust all fluid levels and pressures for correct operation • Check and inspect air cleaner restriction gauge and filter element • Check primary source fuel tank for water with water finding paste • Check Day Tank. Fuel Tank, Fuel line fittings for leaks • Check cooling system hoses, caps, clamps for brittleness. leaks. cracks and weakness
• Check battery voltages, charging rates, fluids, and specific gravities/ lCV's • Engine cranking batteries will be tested under start-up load for voltage drop • Block Heater elements and inlet/outlet t-stats are checked for proper output and operation
• Engine Fan Drive and belts are inspected and adjusted for proper tension and condition
• Check Turbo Charger rotation/end play if necessary
• Check generator brushes for proper tension/setting as equipped • Check and document Control Panel instruments for proper operation and values
• Grease bearings, fan shafts, linkages, and equipment fittings as required • Hot oil sample taken and submitted for analysis
• Test safety alarms and contacts
• Run unit under load for up to 15 minutes when authorized by City • Change crankcase oil, oil filter(s) fuel filter(s), water separator(s), as necessary • Change air filter if necessary
• Submit report to City

24 REPAIR AND MAINTENANCE WORK

The City reserves the right to remove and/or add equipment to the agreement based on the needs of the City.

Scheduled

The Service Provider must verbally respond within 24 hours of telephone notification by the City. The scope of Work and schedule shall be mutually agreed to between City staff and service provider before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

Non-Scheduled Urgent

The Service Provider must verbally respond within one hour of telephone notification by the City. The scope of Work and schedule shall be mutually agreed to between City staff and service provider before work begins. Work under this category shall include weekends, holidays, and be between the hours of 5:01 pm and 7:59 am. All costs for labor for these requests shall be included in the Bid Sheets.

EQUIPMENT RENTAL (non-emergency & emergency)

City may require equipment rental of Wheel Loaders, Skid Steers, Forklifts, Generators, Engines and other related or ancillary equipment. Rental equipment during regular business hours (non- emergency) will be ready for pick -up or delivery to City locations within 4 hours of placement of order. Rental equipment after hours (emergency) weekends, and holidays. The Call-out minimum is 4 hours.

Payment

All Work will be pre -approved by the respective division’s Project Manager prior to starting Work. Invoices shall include all materials, labor, and taxes. A separate invoice is required for each work request issued pursuant to the Contract.

The Service Provider’s markup on the purchase of materials or rental of equipment shall not exceed fifteen percent (15%) of the Service Provider’s costs. The Service Provider shall only invoice for time spent at the locations of service. The City shall not pay for time spent in route or traveling to acquire parts or supplies unless approved by the Project Manager.

25 EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Quinn Company)

SCHEDULE OF COMPENSATION

A. PREVENTATIVE MAINTENANCE

DESCRIPTION UNIT PERIOD PER HOUR RATE
Generator PMCS Straight Time Annual Service $ 150.00
Generator PMCS Overtime Annual Service $ 225.00
Generator PMCS Double Time Annual Service $ 300.00
Air Compressor Straight Time Only Annual Service $ 150.00 Trailer Mounted
Pumps (2)
Straight Time Only Annual Service $ 150.00
Fork Lift (LP) Straight Time Only Annual Service $ 144.00 80’ Boom Lift Straight Time Only Annual Service $144.00

B. ON-CALL REPAIRS

DESCRIPTION UNIT PER HOUR RATE
Repair Services (Straight Time) 8:00 AM – 5:00 PM (M-F) $ 205.00 Repair Services (Straight Time) After Hours (M-F) $ 307.50 Repair Services (Straight Time) Weekends, Holidays $ 307.50 Repair Services (Overtime) Anytime $ 307.50
Repair Services (Double Time) Anytime $ 410.00
Emergency Call-Out (Straight
Time)
Anytime $ 205.00
Emergency Call-Out (Overtime) Anytime $ 307.50
Emergency Call-Out (Double Time) Anytime $ 410.00
Material Mark-up Percentage Rate % Variable
Other1 $

26 PREVENTATIVE MAINTENANCE PM1 (WITH OIL & FILTER CHANGES)

DIVISION BRAND MODEL TYPE SN # # Of
Units
PRICE
Water (Recycled
Water)
Cummins QSB7-G3 Generator 73123393 1 $1,661.76
Wastewater Nissan 110 Forklift JGIF4-940036 1 $783.97
Wastewater CAT GP30N Forklift AT13604902 1 $693.48
Wastewater CAT GP25N Forklift AT35A08116 1 $693.48
Wastwater CAT 420ST Backhoe CAT00420LH
8T00386
1 $2,439.54
Wastewater CAT 415IL Backhoe CAT00415PH
6L00453
1 $2,424.04
Wastewater Genie Z-45/25J Manlift Z452513A-
48336
1 $1,395.34
Wastewater MQ/ Isuzu BR 4HK1X Generator 7511670 1 $1,689.22 Wastewater MQ/ Isuzu BR 4HK1X Generator 7511783 1 $1,689.22 Wastewater MQ/ Isuzu BR 4HK1X Generator 7511784 1 $1,689.22 Wastewater MQ/ Isuzu BR 4HK1X Generator 7512695 1 $1,689.22 Wastewater John Deere 6090HFG06 Generator 9110165 1 $1,986.19 Wastewater John Deere 6090HFG06 Generator 9110190 1 $1,412.05 Wastewater John Deere 6090HFG06 Generator RG6090U107
447
1 $2,127.35
Wastewater Kubota/Atla
s Copco
XAS185KDF
T4
Air Comp HOP058961 1 $1,489.77
Wastewater Godwin CD-1500 6 In Pump 16MPF09158
D051595
1 $1,489.77
Wastewater Godwin CD-1500 6 In Pump 16MPF09158
D051596
1 $1,489.77
Wastewater CAT 320 Excavator MYK00430 1 $2,320.47
Wastewater John Deere 4045HF275
C
Air Comp PE4045H376
314
1 $1,557.56

27 DIVISION BRAND MODEL TYPE SN # # Of
Units
PRICE
Environmental
Resources
Caterpillar 950K Wheel
Loader
R4A02474/R4
A02489
2 $6,009.10
Environmental
Resources
Caterpillar 950M Wheel
Loader
MLJ03365/M
PJLS03387
2 $5,705.08
Environmental
Resources
Caterpillar 914 Wheel
Loader
AJC3003387 1 $2,793.20
Environmental
Resources
Caterpillar 262D Skid Steer DKDTB01219

$2,263.92
Environmental
Resources
Caterpillar 262D3 Skid Steer EZB202328/C
BZ200329
2 $3,747.84
Environmental
Resources
Hyster H50 Forklift H177B40019
A
1 $738.35
Environmental
Resources
CAT 2P5000 Forklift AT3540411/A
T3540412
2 $1,386.96
Environmental
Resources
Mitsubishi FG25NG Forklift AF17E02796 1 $693.48
Environmental
Resources
CAT GP40 Forklift AT4011440/A
T4011437
2 $1,277.94
Environmental
Resources
Genie S-85 Boom Lift
80'
S851613234 1 $3,409.17
Environmental
Resources
Doosan 185 HP150 Air Comp 4FVCABAA
9NU506023
1 $1,677.08
Environmental
Resources
Caterpillar 262D Skid Steer LZB205422 1 $1,873.92

28 EXHIBIT C

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Quinn Company)

SCHEDULE OF SERVICES

ITEM
#

DIVISION

LOCATION

BRAND

MODEL

TYPE

STATIONARY
/ PORTABLE

SN#

QTY
1 Water
(Recycled
Water)
5700 Perkins
Rd. (AWPF) Cummins QSB7-
G3 Generator Portable 73123393 1
2 Wastewater 6001 Perkins
Rd Nissan 110 Fork Lift Portable JGIF4-940036 1
3 Wastewater 6001 Perkins
Rd CAT GP30N Forklift 1 Portable AT13604902(C
HASSIS #) 1
4 Wastewater 6001 Perkins
Rd CAT GP25N Forklift 2 Portable AT35A08116(
CHASSIS #) 1
5 Wastewater 6001 Perkins
Rd CAT 420ST Backhoe Portable
CAT
00420LH8T003
86 1
6 Wastewater 6001 Perkins
Rd CAT 415IL Skip loader Portable CAT00415PH6
L00453 1
7 Wastewater 6001 Perkins
Rd Genie Z-45/25J Manlift Portable Z452513A-
48336 1
8 Wastewater 6001 Perkins
Rd
MQ/
Isuzu
BR-
4HK1X Generator Portable 7511670 1
9 Wastewater 6001 Perkins
Rd
MQ/
Isuzu
BR-
4HK1X Generator Portable 7511783 1
10 Wastewater 6001 Perkins
Rd
MQ/
Isuzu
BR-
4HK1X Generator Portable 7511784 1
11 Wastewater 6001 Perkins
Rd
MQ/
Isuzu
BR-
4HK1X Generator Portable 7512695 1
12 Wastewater 6001 Perkins
Rd John Deere 6090HF
G06 Generator Portable 9110165 1

13 Wastewater 6001 Perkins
Rd John Deere 6090HF
G06 Generator Portable 9110190 1

14 Wastewater 6001 Perkins
Rd John Deere 6090HF
G06 Generator Portable RG6090U1074
47 1
15 Wastewater 6001 Perkins
Rd
Kubota/At
las Copco
XAS185
KDFT4
Air
Comp Portable HOP058961 1

29 ITEM
#

DIVISION

LOCATION

BRAND

MODEL

TYPE

STATIONARY
/ PORTABLE

SN#

QTY
16 Wastewater 6001 Perkins
Rd Godwin CD-1500 6 in Pump Portable 16MPF09158D
051595
1 17 Wastewater 6001 Perkins
Rd Godwin CD-1500 6 in Pump Portable 16MPF091700
51596 1
18 Wastewater 6001 Perkins
Rd CAT 320 Excavator Portable MYK00430 1
19 Wastewater 6001 Perkins
Rd CAT 262-D3 Skid steer Portable To be delivered
2023 1
20 Wastewater 6001 Perkins
Rd
John
Deere/
Sullair
4045HF2
75c Air Comp Portable PE4045H37631
4 1
21 Environmental
Resources
111South Del
Norte Blvd. Caterpillar 950K Wheel
Loader Portable R4A02474
R4A02489 2
22 Environmental
Resources
111 South Del
Norte Blvd. Caterpillar 950M Wheel
Loader Portable MLJS03365
MPJ1S03387 2
23 Environmental
Resources
111 South Del
Norte Blvd. Caterpillar 914 Wheel
Loader Portable AJC3003387 1
24 Environmental
Resources
111 South Del
Norte Blvd. Caterpillar 262D Skid Steer Portable DKDTB01219 1 25 Environmental
Resources
111 South Del
Norte Blvd. Caterpillar 262D3 Skid Steer Portable
EZB202328
CBZ200329
LZB205422 3
26 Environmental
Resources
111 South Del
Norte Blvd. Hyster H50 Forklift Portable H177B40019A 1
27 Environmental
Resources
111 South Del
Norte Blvd. Caterpillar 2P5000 Forklift Portable AT3540411 AT3540412 2
28 Environmental
Resources
111 South Del
Norte Blvd. Mitsubishi FG25NG Forklift Portable AF17E02796 1

29 Environmental
Resources
111 South Del
Norte Blvd. Caterpillar GP40 Forklift Portable AT4011440 AT4011437 2
30 Environmental
Resources
111 South Del
Norte Blvd. Genie S-85 Boom Lift
80’ Portable S851613234 1
31 Environmental
Resources
111 South Del
Norte Blvd. Doosan 185
HP150
Air
Comp Portable 4FVCABAA9
NU506023 1

30 EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Quinn Company)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor 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 sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

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

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

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of

31 all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

4/23

32 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 you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-I.doc

33 SAMPL

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS
SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

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

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

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

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

A

OTHER

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE T
HEREOF, 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

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 4/23 INS-I.doc

35 Agreement No. 32300349

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.

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

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

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

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

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

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, cod e ("any auto"); or 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, ag reements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 4/23 INS-I.doc

36 EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Quinn Company)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

37 CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.

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

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

38 EXHIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Quinn Company)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER 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. SERVICE PROVIDER shall perform the Project as a public work.

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

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

4. SERVICE PROVIDER 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.

SERVICE PROVIDER 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 SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

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

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

7. SERVICE PROVIDER 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, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER 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 C ode Section 1725.5. SERVICE PROVIDER 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, alter ation, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

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

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours.

SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER 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 SERVICE PROVIDER’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.

40 12. SERVICE PROVIDER 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. SERVICE PROVIDER 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. SERVICE PROVIDER 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, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROVIDER 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 Service Provider, its subcontractors, and each of their officials, officers, employees and agents) i n 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 SERVICE PROVIDER under this Section shall survive Agreement termination.

41 Trade Service Agreement 32300349 with Quinn Company
for On-Call Preventative Maintenance and Repairs for
Portable Generators and Heavy Equipment
Public Works and Transportation Committee,
April 25, 2023
Brian Yanez
Assistant Public Works Director
42 RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Quinn Company for an amount not to exceed $840,000 for a three-year term for the maintenance of department portable generators and heavy equipment.
2 43
As part of normal operations, Public Works Department owns and operates a multitude of heavy machinery and equipment. This equipment includes:
• Skid-steers
• Skip loaders
• Excavators
• Backhoes
• Backup generators

BACKGROUND
3 44
• This equipment is commonly used to move earth and sand, uncover underground utilities, and provide power during power outages.
• This vendor will establish regular routine maintenance schedules and be available on-call as needed.
• In addition, this agreement includes rental services for emergencies and for day to day operations.

BACKGROUND
4 45
• Solicitation PW 23-66 for Preventative Maintenance and On- Call Repairs for Portable Generators & Heavy Equipment:
• Released by Purchasing on December 29, 2022
• Bid due date of February 22, 2023.
• Received one (1) bid from Quinn Company
• Quinn Company is local to the Oxnard area and has historically provided timely maintenance and rental services.

DISCUSSION
5 46

FINANCIAL IMPACT
6 ● Agreement shall not exceed $840,000 over three years ● Estimated annual spending plan is $280,000 commencing July 1, 2023
● Funding for subsequent fiscal years will be requested during the annual budget process
47 QUESTIONS?
48 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: April 25, 2023

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Second Amendment to Agreement No. 9315-21-PW with Econolite Systems Incorporated for Traffic Signal Preventive, Emergency, and Non-Emergency Maintenance Services. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the execution of a Second Amendment to an Agreement with Econolite Systems Incorporated to increase the not to exceed amount from $300,000 to $500,000 for traffic signal preventive, emergency, and non-emergency maintenance services and extend the contract termination date to June 30, 2025.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lyKms9p0TFE

BACKGROUND

The City is responsible for the maintenance and operation of traffic signals, flashing beacons, and driver speed feedback radar signs on City-maintained roads.

Staff utilized a “piggy-back” solicitation option with the City of Thousand Oaks for signal maintenance services. In 2020, after a two-month Request for Proposal (RFP) process, the City of Thousand Oaks received signal maintenance proposals on April 15, 2020, from three companies and awarded a contract to Econolite Systems Incorporated (Econolite).

In July 2021, the City Manager authorized Agreement 9315-21-PW with Econolite for the initial amount not to exceed $200,000. A First Amendment to increase the not to exceed amount from $200,000 to $300,000 was authorized by the City Council on September 20, 2022.

DISCUSSION

Per the scope of the services, Econolite is required to provide all required tools, equipment, apparatus, facilities, and material to perform all work necessary to maintain the traffic signal equipment, flashing beacons, and driver speed feedback signs in compliance with current City/Caltrans standards and specifications. Econolite will perform routine maintenance services by qualified personnel at a preset rate per intersection and extraordinary or emergency maintenance services based upon agreed fee schedules.

The primary purpose of the contract is for Econolite to assist the City with carrying on a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, 49 and extend the useful life of the traffic signal equipment. During the past year the need to replace traffic signal equipment has increased due to knockdowns from traffic accidents. In addition, the cost of traffic related material has increased as has been seen in nearly all markets.

Staff recommends Econolite continue providing this maintenance work through the existing on-call agreement, avoiding additional potential cost increases.

The program that Econolite provides includes preventive maintenance two times per year for all the signalized intersections. Projects to be completed by Econolite are categorized as follows:

Scheduled Maintenance Work (primary purpose)

The scope of work and schedule shall be mutually agreed to between City staff and the Econolite before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

Non-Scheduled Urgent Repair Work (as-needed)

Econolite must be on the site within two hours of the notification and begin work immediately to the following events:
• Any signal controller malfunction
• Burned out red or green ball or arrow display
• Burned out or malfunctioning Pedestrian Walk Signal Indications

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total amount of this Second Amendment to Agreement 9315-21-PW with Econolite Systems Incorporated shall not exceed $200,000 with a new not to exceed contract amount of $500,000 for traffic signal preventative, emergency, and non-emergency maintenance services. To date, the City has spent approximately $268,000 on the existing agreement with Econolite. The annual estimated spending plan is $100,000 per year. Funds for Fiscal Year 2022-23 are available in the Fiscal Year 2022-23 Budget in the General Fund Traffic Signal Maintenance Division (1013102-53200) for these maintenance services. Funding for subsequent fiscal years will be requested during the annual budget process.

For Finance Use Only: General Fund (Org. 1013102, Obj. 53200)

Prepared by: Debbie O'Leary, Transportation Planner

ATTACHMENTS

1. Second Amendment 9315-21-PW

2. First Amendment 9315-21-PW

3. Agreement 9315-21-PW

4. Presentation
50 51
Agreement No. 9315-21-PW

SECONDAMENDMENTTOTRADESERVICESAGREEMENT
ThisSecondAmendment(“SecondAmendment”)totheTradeServicesAgreement(“Agreement”)ismadeandenteredintointheCountyofVentura,StateofCalifornia,this___dayof_________,2023,byandbetweentheCityofOxnard,amunicipalcorporation(“City”),andEconoliteSystemsIncorporated(“Vendor).ThisSecondAmendmentamendstheAgreemententeredintoonAugust1,2023,byCityandConsultant.TheAgreementpreviouslyhasbeenamendedonSeptember20,2022,byaFirstAmendment.

CityandConsultantagreeasfollows:

1. TheCity’sProjectManagerinSection7oftheCoverPageoftheAgreementisherebyamendedto“CityTrafficEngineer.”

2. TheContactEmailinSection12oftheCoverPageoftheAgreementisherebyamendedto“N/A.”

3. TheCityAddressforNoticeinSection11oftheCoverPageoftheAgreementisherebyamendedto: “CityofOxnardAttn:CityTrafficEngineer305W. ThirdSt.2 nd
Floor,Oxnard,CA93030”

4. TheamountinSection6oftheCoverPageoftheAgreementisherebyamendedto“$500,000.”

5. ThedateinSection5oftheCoverPageoftheAgreementisherebyamendedto“June30,2025.”

6. ThereferencetotheRatesandCostsExhibiteverywhereitislistedbothontheCoverPageandintheAgreementisherebyamendedtotheRatesandCostsasofApril18,2023,Exhibit.TheRatesandCostsExhibitisherebydisincorporated;instead,theRatesandCostsasofApril18,2023,Exhibitisattachedheretoandincorporatedhereinbythisreference.

7. Assoamended,theAgreementremainsinfullforceandeffect. [Signaturesonnextpage]
SECONDAMENDMENTTOTRADESERVICESAGREEMENT(V-01-17-19))
52 Agreement No. 9315-21-PW

SECOND AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19))

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD ECONOLITE SYSTEMS INCORPORATED

☒John C. Zaragoza, Mayor 1 Date Abbas Mahaddes, CEO Date ☐Jennifer Yates, Purchasing Agent 2

John W. Tracey, CFO 3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(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 execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000 . 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board Pres ident, CEO or Vice President and of the Board Secre tary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signe rs, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 53 RATES AND COSTS AS OF APRIL 18, 2023, EXHIBIT
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Second Amendment to Agreement
No. 9315-21-PW with Econolite Systems
Incorporated for Traffic Signal Preventive,
Emergency and Non-Emergency Maintenance
Services
Public Works and Transportation Committee
April 25, 2023
Debbie O’Leary
Transportation Planner, Interim Transportation & Mobility Services Manager 102
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to an Agreement with Econolite Systems Incorporated to increase the not to exceed amount from $300,000 to $500,000 for traffic signal preventive, emergency, and non-emergency maintenance services and
extend the contract termination date to June 30, 2025.

RECOMMENDATION 2
103
• In July 2021, the City signed an agreement (9315-21-PW) with Econolite using a “piggy-back” option contained within the City of Thousand Oaks solicitation for signal maintenance services • Agreement was authorized by the City Manager for the initial amount not to exceed $200,000, and amended on
September 20, 2022 by City Council for a new not to exceed amount of $300,000
• City has spent approximately $268,000 on the existing agreement with Econolite as of March, 28, 2023
• Request to increase the contract amount to $500,000 total, and extend termination date to June 30, 2025
BACKGROUND 3
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• The primary purpose of the contract is for Econolite to assist the City with carrying on a program of comprehensive
maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the traffic signal equipment
• The program includes preventive maintenance two times per year for all the signalized intersections at a pre-set rate, per intersection and to perform emergency maintenance services based upon agreed fee schedules
• Maintenance work is performed on signal controllers, burned out traffic signal lights, flashing pedestrian beacon lights or speed feedback signage
DISCUSSION 4
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DISCUSSION 5
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• Over the past year the need to replace traffic signal equipment has increased due to knockdowns from traffic accidents
• Cost of material has also increased as has been seen in nearly all markets
• Econolite can continue providing the necessary maintenance work through the existing on-call agreement, avoiding additional potential cost increases
DISCUSSION 6
107
• Total amount of this Second Amendment to Agreement 9315- 21-PW with Econolite Systems Incorporated shall not exceed $200,000 with a new not to exceed contract amount of
$500,000
• To date, the City has spent approximately $268,000 on the existing agreement with Econolite. The annual estimated spending plan is $100,000 per year
• Funds for Fiscal Year 2022-23 are available in the Fiscal Year 2022-23 Budget in the General Fund Traffic Signal Maintenance Division (1013102-53200) for these maintenance services FINANCIAL IMPACT 7
108

QUESTIONS
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