Agenda packet — Public Works & Transportation Committee, May 23, 2023

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AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
May 23, 2023
Regular Meeting - 8:30 to 10:00 PM

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3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING 1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE May 23, 2023 - Page 2

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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 May 9, 2023 regular meeting as presented.

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

1. Public Works Department
SUBJECT: Fourth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/nRQpxL4oAJs
Contact: Michael Wolfe, (805) 385-8055
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE May 23, 2023 - Page 3

2. Public Works Department
SUBJECT: First Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Containers and Parts. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement No. A- 8368 with Toter, LLC in the amount of $775,000 for a new total not to exceed $1,525,000 for an additional two-year term ending May 28, 2025, for the replenishment of curbside containers and parts.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3cq7tgDjxa0
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Professional Services Agreement 32400003 with Northern Digital, Inc. (NDI) for Supervisory Control and Data Acquisition Systems (SCADA) Support Services. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. (NDI) for an amount not to exceed $1,000,000 for a three year term for supervisory control and data acquisition (SCADA) support services for the water, wastewater, and recycled water systems.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/qzyhA6o_bCk
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: May 23, 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 May 9, 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 05 09 2023 Public Works & Transportation

4 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
May 9, 2023

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello, Member Arthur Valenzuela, and Member John C. Zaragoza were present in person.

Staff members present in person were Alexander Nguyen, City Manager; Michelle (Elle) McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; and Rose Chaparro, City Clerk.

Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

C. CONSENT AGENDA (None received.)

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the April 25, 2023 regular meeting as presented.

It was moved by Member Zaragoza, seconded by Member Valenzuela, to approve the meeting minutes as presented. VOTE: Valenzuela and Zaragoza voted in favor, the motion carried 2- 0-1. Chair Perello abstained due to being absent during the April 25, 2023 meeting.

D. REPORTS

1. Public Works Department

SUBJECT: Public Project Agreement 32300389 with Aquatech Services, Inc. for On- Call Backflow Assemblies Testing, Maintenance, Repair and Replacement Services, Specification No. PW 23-72R.

RECOMMENDATION: The Public Works and Transportation Committee recommend that the City Council approve and authorize an Agreement with Aquatech Services, Inc. for a total amount not to exceed $500,000 for a three-year term for On-Call Backflow Assemblies Testing, Maintenance, Repair and Replacement Services.

5 MAY 9, 2023 OXNARD CITY COUNCIL PAGE 2

PUBLIC WORKS & TRANSPORTATION COMMITTEE

Joseph Marcinko, Assistant Public Works Director presented and answered the Commi ttee’s questions. No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Member Zaragoza, seconded by Member Valenzuela , to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor; the motion carried 3-0.

2. Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2023-24.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2023-24 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

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

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

It was moved by Chair Perello , seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Perello , Valenzuela, and Zaragoza voted in favor;
the motion carried 3-0.

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

F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Perello adjourned the meeting at 8:58 p.m.

ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair

6 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: May 23, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Fourth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/nRQpxL4oAJs

BACKGROUND

On June 30, 2020, Council approved Agreement A-8221 with Amrep U.S.A, Inc. (Amrep) in the amount of $621,600 through June 30, 2021 for the rental of seven refuse collection vehicles for ER. On October 20, 2020, Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR). Below is the history of Agreement A-8221 and the amendments:

Table 1

Agreement A-8221 COUNCIL DATE CUMULATIVE AMOUNT TERM DATE Original Agreement June 30, 2020 $621,600 June 30, 2021 First Amendment June 15, 2021 $1,243,200 June 30, 2022
Second Amendment December 20, 2021 $1,707,200 June 30, 2022 Third Amendment June 21, 2021 $3,168,8000 June 30, 2023 Fourth Amendment June 6, 2023* $4,463,035 June 30, 2024 *Pending City Council action

This Fourth Amendment allows for the continued use of rental collection vehicles to fill-in for unforeseen vehicle breakdowns and routine maintenance for existing fleet. Additionally, rental vehicles provide capacity 7 support in compliance with the State’s SB 1383 mandate to collect residential and commercial organic waste.

DISCUSSION

ER is requesting to amend the contract with BTR for an additional 12 months due to the aging fleet of refuse collection vehicles. This will allow for uninterrupted daily refuse collection services for residential and commercial customers. During the next 12 months, ER and Fleet Services staff will pursue alternative options such as purchase or lease purchase options of refuse collection vehicles to determine the best value for ER operations.

The intent of the original agreement for vehicle rentals was twofold. First, the agreement allowed the ability to rent vehicles while other ER vehicles are taken out of service for maintenance and repairs. Secondly, rental vehicles were needed while the Environmental Resources (ER) Division waited for the delivery of 26 new CNG refuse collection vehicles. The final delivery of the 26 new vehicles occurred in June 2022. However, these 26 vehicles do not make up the entire ER fleet of vehicles and as such, some older high-maintenance vehicles are still in use.

Currently, there are 23 refuse collection vehicles that have more than 100,000 miles and average over 18 years of in-service use. These 23 refuse collection vehicles were purchased for $3,587,265 and to date, over $10M has been spent on labor and parts to keep them operable. These vehicles are extremely complex, with several mechanical, electrical, and hydraulic systems requiring upkeep and repairs. These systems are used repetitively throughout the daily use of these vehicles, resulting in significant wear on the parts. The cost to maintain them typically becomes higher the older they get and the time it takes to repair them gets extended. As such, ER will potentially rent 5 to 10 vehicles per month depending on the status of operating refuse collection vehicles. The Amendment also allows the return of any of the refuse collection vehicles on an as-needed basis, and without monetary penalty from BTR.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The cost for this Fourth Amendment to Agreement No. A-8221 with BTR is $1,294,235 for a total new agreement value of $4,463,035. The annual estimated spending plan is $1,294,235 for the next fiscal year.

Funding shall be requested in the Environmental Resources Fund (631) during the annual budget process.

Estimated Spending Plan
ER Fund/Account FY 2023-24 TOTAL
6313632-57000 $776,541.00 $776,541.00
6313633-57000 $517,694.00 $517,694.00
TOTAL $1,294,235 $1,294,235

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Fourth Amendment to A-8221
8 2. A-8221 through 3rd Amendment

3. Assignment and Assumption to Agreement No. A-8221

4. Presentation

9 Agreement No. A-8221

FOURTHAMENDMENTTOMASTEREQUIPMENTLEASE/RENTALAGREEMENT
ThisFourthAmendment(“FourthAmendment'')tothemasterequipmentlease/rental(“Agreement”)ismadeandenteredintointheCountyofVentura,StateofCalifornia,this______dayofJune2023,byandbetweentheCityofOxnard,amunicipalcorporation(“City”),andBigTruckRental,LLC(“BTR”).ThisFourthAmendmentamendstheAgreemententeredintoonJune16,2020,byCityandAmrepManufacturingCompany, LLC.ThisagreementwasassignedtoBTRonOctober, 20,2020.TheAgreementpreviouslyhasbeenamendedonJune21,2022,byaThirdAmendment,onDecember21,2021,byaSecondAmendment,andonJune15,2021,byaFirstAmendment.

CityandBTRagreeasfollows:

1. ThereferencetoExhibit“A”andExhibit“B”everywheretheyarelistedintheAgreementareherebyamendedtoExhibit“C”.TheExhibits“A”and“B”areherebydisincorporated;instead,Exhibit“C”isattachedheretoandincorporatedhereinbythisreference.

2. Thelease/rentaltermssetforthinExhibit“C”oftheAgreementareherebyextendedonamonth-to-monthbasisforanadditionaltwelve(12)monthsforamaximumlease/rentaltermofforty-eight(48)months.

3. "Asection19isaddedaftersection18intheagreement.Section19shallread:

IranContracting.InaccordancewiththeIranContractActof2010(PublicContractCodesections2200-2208)theCityrequiresthatanySERVICEPROVIDERthatsubmitsaproposalorotherwiseproposestoenterintoorrenewacontractwiththeCitywithrespecttogoodsorservicesofonemilliondollars($1,000,000)ormore,mustcertify, thattheSERVICEPROVIDERisnotidentifiedonalistcreatedpursuanttosubdivision(b)ofPublicContractCodeSection2203asapersonengagingininvestmentactivitiesinIrandescribedinsubdivision(a)ofPublicContractCodeSection2202.5,orasapersondescribedinsubdivision(b)ofPublicContractCodeSection2202.5,asapplicable.

ASERVICEPROVIDERisineligibletosubmitaproposalforanycontractwiththeCITYforgoodsorservicesofonemilliondollars($1,000,000)ormoreiftheSERVICEPROVIDERengagesininvestmentactivitiesinIran.SERVICEPROVIDERmustcertifythatitisnotonthelistofineligiblevendorsprohibitedfromdoingbusinesswiththeStateofCaliforniaandshallcompletetheIranContractActCertificationattachedasExhibitFandmustbesubmittedwiththeirproposal.Failuretodosomaydeemtheproposalnon-responsive."

4. Assoamended,theAgreementremainsinfullforceandeffect. [Signaturesonnextpage]

FOURTHAMENDMENTTOMASTEREQUIPMENTLEASE/RENTALAGREEMENT
1of4
10 AgreementNo.A-8221
INWITNESSWHEREOF, thepartiesheretohaveexecutedtheAmendmentonthedatefirstwrittenabove.

CITYOFOXNARD BIGTRUCKRENTAL,LLC
☐JohnC. Zaragoza, Mayor
1 Date ScottSmith Date☐JenniferYates,PurchasingAgent
2 DirectorofMunicipalSales
EricVoss DateATTEST: VicePresident,Sales
RoseChaparro,CityClerk Date(onlyifMayorsigns)
APPROVEDASTOFORM:

StephenM.Fischer, City DateAttorney(alwaysrequired)
2 ThePurchasingAgentmayexecuteanyauthorizedagreementupto$200,000.TheCityrequiresthefollowingfor anycontract:●For acorporation, thesignaturesof theBoardPresident, CEOor VicePresident andof theBoardSecretary,Assistant Secretary, CFOor Assistant Treasurer;●For anLLC, thesignaturesof at least twomanagersof theLLC(companydirectors, not lower-level managers); or●For apartnership, thesignatureof apartner. If thepartnershipisalimitedpartnership, thesigner must beageneralpartner.If thecompanyhasadifferent structure, or if theabove-listedpersonsarenot theappropriatesigners, pleasesubmittotheCityAttorneylegally-bindingdocumentationstatingwhocansignandbindyour company. 1 TheCityCouncilmustauthorizeandtheMayormustexecuteanyagreementover$200,000.

FOURTHAMENDMENTTOMASTEREQUIPMENTLEASE/RENTALAGREEMENT
2of4
11 AgreementNo.A-8221
Exhibit- CFrontEndLoaderandSideLoaderRefuseTrucks

FOURTHAMENDMENTTOMASTEREQUIPMENTLEASE/RENTALAGREEMENT
3of4
12 AgreementNo.A-8221

FOURTHAMENDMENTTOMASTEREQUIPMENTLEASE/RENTALAGREEMENT
4of4
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15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 FOURTH AMENDMENT TO AGREEMENT
A-8221 WITH BIG TRUCK RENTAL, LLC FOR

RENTAL OF REFUSE COLLECTION TRUCKS
Public Works and Transportation Committee
May 23, 2023
City Council
June 20, 2023
Brian Yanez
Assistant Public Works Director
40 That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

Recommendation 2
41 That the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.

Recommendation 3
42 • June 30, 2020 - Council approved Agreement A-8221 with Amrep for rental of seven commercial refuse collection
vehicles
• October 20, 2020 - Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR)
Background 4
43 • Below is the history of Agreement A-8221 and the
amendments:

Background 5
AGREEMENT A-8221 COUNCIL DATE CUMULATIVE
AMOUNT

TERM DATE
Original Agreement June 30, 2020 $621,600 June 30, 2021 First Amendment June 15, 2021 $1,243,200 June 30, 2022
Second Amendment December 20, 2021 $1,707,200 June 30, 2022 Third Amendment June 21, 2021 $3,168,800 June 30, 2023
Fourth Amendment June 6, 2023* $4,463,035 June 30, 2024 *Pending City Council action
44 • ER Division is requesting to amend contract with BTR for an additional 12 months due to the aging fleet of refuse collection vehicles • ER and Fleet Services staff will pursue alternative options such as purchase or lease purchase of refuse collection vehicles to determine the best value for ER operations • The intent to rent refuse collection vehicles is as follows:
• Maintenance and repairs
• Unforseen breakdowns
• While waiting on purchases due to the long lead times Discussion 6
45 • This Fourth Amendment allows for uninterrupted daily refuse collection services for residential and commercial customers • Additionally, rental vehicles provide capacity support in compliance with the State’s SB 1383 mandate to collect
residential and commercial organic waste
Background 7
46 • 23 refuse collection vehicles that have an average of 100,000 miles and average up to 18 years in service • These 23 vehicles were purchased for $3,587,265 and to date, over $10M has been spent on labor and parts to keep them operable • ER will potentially rent up 5 to 10 vehicles per month depending on the status of operating refuse collection vehicles • The amendment allows the return of any of the refuse collection vehicles on an as-needed basis, and without monetary penalty from BTR Discussion 8
47 • The cost for this Fourth Amendment to Agreement No. A-8221 with BTR is $1,294,235 for a total new agreement value of $4,463,035
• Funding shall be requested in the Environmental Resources Fund (631) during the annual budget process
Financial Impact 9

ESTIMATED SPENDING PLAN
ER Account FY 2023-24 TOTAL
6313632-57000 $776,541.00 $776,541.00
6313633-57000 $517,694.00 $517,694.00
TOTAL $1,294,235 $1,294,235
48 QUESTIONS
10 49

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: May 23, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: First Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Containers and Parts. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement No. A-8368 with Toter, LLC in the amount of $775,000 for a new total not to exceed $1,525,000 for an additional two-year term ending May 28, 2025, for the replenishment of curbside containers and parts.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3cq7tgDjxa0

BACKGROUND

In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organics) to approximately 37,000 residential customers in the City of Oxnard (City), the Environmental Resources Division (ER) must maintain a sufficient inventory of containers, lids and parts. Since 2011, the ER Division has standardized the use of Toter-manufactured for residential containers.

On November 16, 2021, Council approved Agreement A-8368 with Toter, LLC for the purchase of curbside containers and parts. In-lieu of issuing a formal request for bid, staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance program that enables government agencies to simplify and accelerate their procurement processes through competitive, pre-negotiated contracts. The City acquired new residential containers and parts through Sourcewell contract #041521-TOT.

Toter, LLC 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.

DISCUSSION

The ER Division is responsible for the maintenance and repairs of approximately 111,000 residential containers. These containers are being replaced or repaired due to normal wear and tear. This First Amendment allows the Environmental Resources Division to continue to fulfill customer work orders for the replacement and repairs of containers and lids. Unrepairable containers and lids are recycled and sold for scrap value.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The cost of this First Amendment to Agreement No. A-8368 with Toter is $775,000 for a total new agreement value of $1,525,000. Funding shall be requested in the Environmental Resources Fund (6313632-52400) during the annual budget process for FY 2023-24. Funding for subsequent fiscal years will be requested in the annual budget process.

1st Amendment to Toter, LLC Agreement A-8368
ER Division/Account FY 2023-24 FY 2024-25 Total
6313632-52400 $400,000 $375,000 $775,000

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. A-8368 Original

2. 1st Amendment to A-8368

3. Presentation

51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
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77 78
79 80
81 82
83 84
85 Agreement No. A-8368

FIRSTAMENDMENTTOTRADESERVICES
ThisFirstAmendment(“FirstAmendment”)tothetradeservicesagreement(“Agreement”)ismadeandenteredintointheCountyofVentura,StateofCalifornia,this______dayofJune2023,byandbetweentheCityofOxnard,amunicipalcorporation(“City”),andToter, LLC(“Vendor”).ThisFirstAmendmentamendstheAgreemententeredintoonNovember6,2021,byCityandvendor.

CityandToter, LLCagreeasfollows:

1. Thedate“December31,2024”insection(5)oftheCoverPageoftheAgreementisherebyamendedtostate:“May28,2025”

2. Thetotalagreementamount“$775,000”insection(6)oftheCoverPageoftheAgreementisherebyamendedtostate:“Nottoexceed$1,525,000”.

3. "Asection42isaddedaftersection41intheagreement.Section42shallread:

4. Assoamended,theAgreementremainsinfullforceandeffect. [Signaturesonnextpage]

FIRSTAMENDMENTTOTRADESERVICESAGREEMENT
1of2
86 AgreementNo.A-8368
INWITNESSWHEREOF, thepartiesheretohaveexecutedtheAmendmentonthedatefirstwrittenabove.

CITYOFOXNARD TOTER,LLC
☐JohnC. Zaragoza, Mayor
1 Date LauraPHubbard Date☐JenniferYates,PurchasingAgent 2 DirectorofMunicipalSales
BrittaniWhitman DateATTEST: VicePresident,Finance
RoseChaparro,CityClerk Date(onlyifMayorsigns)
APPROVEDASTOFORM:

FIRSTAMENDMENTTOTRADESERVICESAGREEMENT
2of2
87 FIRST AMENDMENT TO AGREEMENT A-8368

WITH TOTER, LLC FOR REPLENISHMENT OF

CURBSIDE CONTAINERS AND PARTS
Public Works and Transportation Committee
May 23, 2023
City Council
June 29, 2023
Brian Yanez
Assistant Public Works Director
88 Recommendation
2 That the Public Works and Transportation Committee
recommend the City Council approve and authorize the
Mayor to execute a First Amendment to Agreement
A-8368 with T oter, LLC in the amount of $775,000 for a new total not to exceed $1,525,000 for an additional two year term ending May 28, 2025
Request for Proposal (RFP) #PW 23-83
89 Recommendation
3 That the City Council approve and authorize the Mayor to execute a First Amendment to Agreement A-8368 with
T oter, LLC in the amount of $775,000 for a new total not to exceed $1,525,000 for an additional two year term
ending May 28, 2025
Request for Proposal (RFP) #PW 23-83
90 Background
4 ● In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organic) to
approximately 37,000 residential customers in the City of Oxnard (City), the Environmental Resources Division (ER) must maintain a sufficient inventory of containers, lids and parts
● On November 16, 2021 Council approved Agreement
A-8368 with T oter, LLC for the purchase of curbside
containers and parts
91 Background
5 ● Staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance for new
residential containers and parts through contract
#041521-TOT
● T oter, LLC 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
92 Discussion
6 ● ER Division is responsible for the maintenance and repairs of approximately 111,000 residential containers
● This First Amendment allows the ER Division to continue to fulfill customer work orders for the replacement and repairs of containers and lids
93 FINANCIAL IMPACT
7 ● Cost for this First Amendment with T oter is $775,000 with a total not to exceed $1,525,000
● Funding shall be requested during the FY 2023-24 budget process for the Environmental Resources Fund (631)
● Funding for subsequent fiscal years will be requested in the annual budget process
1st Amendment to Toter, LLC Agreement A-8368
ER
Division/Account
FY 2023-24 FY 2024-25 Total
6313632-52400 $400,000 $375,000 $775,000
94 Questions?
95 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: May 23, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Professional Services Agreement 32400003 with Northern Digital, Inc. (NDI) for Supervisory Control and Data Acquisition Systems (SCADA) Support Services. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. (NDI) for an amount not to exceed $1,000,000 for a three year term for supervisory control and data acquisition (SCADA) support services for the water, wastewater, and recycled water systems.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/qzyhA6o_bCk

BACKGROUND

SCADA systems are complex communication and control systems. They include the integration of hardware, software, and firmware and are critically essential to the operation of Oxnard’s water, wastewater, and recycled water systems. SCADA systems are used by staff to monitor and control critical components such as valves, pumps, and motors. They also act as the notification mechanism for alarms in case of system failures or emergencies that require immediate attention.

Troubleshooting, upgrading, and maintaining the utilities SCADA systems requires a very specialized expertise, obtained from qualified persons or outside contractors. Historically, the Water and Wastewater Divisions relied on specialized resources obtained by outside contractors. Wastewater does not have a SCADA position in the Council-approved position control roster and as such uses an outside contractor for this critical work. Water has a position, but it has been mostly vacant until December of last year. For Water, now that the internal SCADA position is filled, NDI’s support services will be used for complex integration and programing and when the SCADA needs cannot be performed by internal staff due to complexity or the volume of work.

Outside support is critical to have for on-call and emergency SCADA issues for the water, wastewater, and recycled water systems. The support includes diagnostic testing, programming, software, hardware, instruments, radio and computer network communications, electrical, computer repair and replacement and cyber security.

The following systems and components are monitored through each SCADA system:

Water System Components:
96 • Desalter treatment plant
• Drinking water wells
• Chemical systems
• Blending and Remote stations

Wastewater System Components:
• Oxnard Wastewater Treatment Plant
• Sewage pumping stations

Recycled Water System Components:
• Advanced Water Purification Facility (AWPF)
• Recycled water pipeline

DISCUSSION

The Request for Proposal (RFP) #PW 23-83 was published on February 10, 2023, for SCADA system support services and had a bid closure date of March 14, 2023. The SCADA services are for the water, wastewater, and recycled water systems. The City received a total of one responsive bid. A panel consisting of the Wastewater Maintenance Manager, Water Division Manager, and Water Operations Manager reviewed the submitted bid and determined Northern Digital, Inc. (NDI) to be a qualified proposer based on their experience and expertise.

NDI was deemed responsive to the City’s RFP. Following this determination, procurement staff reviewed all documentation received from NDI. Procurement staff verified possession of required valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified their registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that NDI is capable of satisfactorily completing the services listed in this Agreement. Therefore, staff recommends that the City Council award this Agreement to NDI.

The RFP was posted on Public Purchase. Despite receiving only one responsive bid, staff recommends awarding the contract because these services are essential to maintaining the water, wastewater, and recycled water SCADA systems. In addition, vendors providing SCADA support in the local area are extremely limited.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for the contract with Northern Digital Inc. is $1,000,000 over the three-year term. Services will commence in Fiscal Year 2023-24 with an estimated annual spending plan of $325,000 for the first two fiscal years and $350,000 for the third fiscal year. Funding has been requested in the proposed annual budget for FY 2023-24 from the Water Operating and Wastewater Operating funds. Below is a table outlining the proportions 97 of the funding split between the three different Operating Accounts. Funding for subsequent fiscal years will be requested in the annual budget process.

ESTIMATED SPENDING PLAN
DIVISION ACCOUNT FY-24 FY-25 FY-26 TOTAL
WASTEWATER 6113615-53200 $50,000 $50,000 $50,000 $150,000 WATER 6013600-53200 $260,000 $260,000 $285,000 $805,000 AWPF 6013605-53200 $15,000 $15,000 $15,000 $45,000
TOTAL $325,000 $325,000 $350,000 $1,000,000

Prepared by: Omar Castro, Water Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32400003

2. Presentation

98 1

ONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND NORTHERN DIGITAL, INC.

B
y This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Northern Digital, Inc. (“CONSULTANT”), and CONSULTANT agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”

1. SU
MMARY DESCRIPTION OF SERVICES. On -Call Supervisory Control & Data Acquisition (SCADA) Integration, Instrumentation, PLC Programming, Network Support and Cyber Security
[

FOR ON CALL OR AS NEEDED AGREEMENTS INCLUDE THE FOLLOWING LANGUAGE: This Agreement is for “on call” or “as needed” services as identified in Exhibit A -Scope of Services. The City does not guarantee that any services will be requested under this agreement or that any services requested under this agreement will reach the agreement amount listed in section 4. All “on call” or “as needed” services requested by the City shall be paid at the rates identified in Exhibit B -Rate and Cost Sheet.]

2. P
ARTIES.

C
ITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 N
orthern Digital, Inc. (“CONSULTANT”), a corporation of the State of California, located at 4701 Corporate Ct. Bakersfield, California 93311

3. T
ERM OF AGREEMENT: From (Date): July 1, 2023, To (Date): 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 three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 11 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with section 20 of this Agreement.

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99 3.3 The C
ITY shall have the option for (2) consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of t he CONSULTANT/Professional Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.4 Al
l services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $1,000,000

5. AGREEMENT EXHIBITS.

The following documents memorialized below are the only exhibits to this 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.

Exhib
it A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

6. DESIGN
ATED REPRESENTATIVES.

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

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Paul Lancaster Name: Joseph Marcus
Title: SCADA Programs Supervisor Title: Manager, Business Development Phone: 805-385-3901 Phone: 661-322-6044
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
251 South Hayes Ave.

Oxnard, California 93030

7. CONTRA
CTUAL PREREQUISITES.

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

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7.2 CONSULTANT is advised that any rec ommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

7.3 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.

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

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

8. CONSULTANT'S SERVICES.

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

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. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay CONSULTANT 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 is listed in Section 4 of this Agreement.

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 CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

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10.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

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

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

10.4 CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service.

If any sales tax is due for the Services performed by CONSULTANT or materials or products provided to CITY by CONSULTANT , CONSULTANT shall pay the sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT.

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 sections 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.

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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 CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

14. INDEPENDENT CONTRACTOR

C ONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its employees or agents shall have control over the conduct of CONSULTANT or any of its employees, except as stated in this Agreement.

CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY.

CONSULTANT and its employees and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONSULTANT and its employees are not employees of CITY. CONSULTANT and its employees are not entitled to receive from CITY any of the benefits or rights afforded employees of CITY, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits.

CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

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

17. OWNERSHIP OF CONSULTANT’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 CONSULTANT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The CONSULTANT 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. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CI TY all material furnished to CONSULTANT 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. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without Agreement No. 32400003

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infringing CONSULTANT’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 CONSULTANT 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. CONSULTANT may be granted access to information that is exempt from disclosure 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 CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the publ ic as that term is used in Government Code Section 6254.5.

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

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 CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the professional services of CONSULTANT. Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Des ignated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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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.

20. NOTICE.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 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 CONSULTANT 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 CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from CONSULTANT ’s obligations under this section, CONSULTANT 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 CONSULTANT ’s performance of this Agreement or CONSULTANT ’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to Agreement No. 32400003

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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. CONSULTANT’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 CONSULTANT’s duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not r elieve CONSULTANT 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 CONSULTANT 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, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The provisions of this Subsection 23.3 apply only in the event that CONSULTANT is a design professional within the me aning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

23.3.1 Notwithstanding the provisions of Subsections 23.1 and 23.2 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, CONSULTANT's duty to indemnify, hold harmless, and defend the Indemnitees shall be limited to the extent that any claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection 23.3 shall be construed to require CONSULTANT to provide indemnification for claims caused by the active negligence or willful misconduct of the Indemnitees.

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23.4 The review, acceptance or approval of CONSULTANT’s work or work product by any of the Indemnitees shall not affect, relieve or reduce CONSULTANT’s indemnification or defense obligations. CONSULTANT 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 CONSULTANT pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The CONSULTANT ’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.5 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement.

CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT ’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and St ate income tax withholding, and all other regulations governing employer -employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

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26. PREVAILING WAGE REQUIREMENTS.

26.1. A pplication. The paym ent 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 CONSULTANT.

27. I RAN CONTRACTING ACT

28. CONFLICT OF INTEREST

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

29. [RESERVED] -

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30. DISPUTES.

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

Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

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.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT; or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement.

Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall main tain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

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33. ADVERTISING AND PUBLICITY

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

34. NONDISCRIMINATORY EMPLOYMENT.

CONSULTANT shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

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 Agreement No. 32400003

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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 benefit 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 exec uted 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.

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. CAPTIONS AND HEADINGS.

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

44. ACKNOWLEDGEMENT.

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

[Signatures on next page]

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

CITY OF OXNARD NORTHERN DIGITAL, INC.

☐John C. Zaragoza, Mayor1 Date Martin Obermire, Date ☐Jennifer Yates, Purchasing Manager2 Executive Vice President

Monica Hummel Date
Corporate Secretary3

ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)

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 -l evel managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

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17 EXHIBIT A

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

SCOPE OF SERVICES

SCADA SYSTEM SUPPORT

Consultant shall provide on- call and/or emergency SCADA Integration, Instrumentation, PLC Programming services, network support, including troubleshooting, Cyber Security Insurance, develop SCADA Architecture, develop Security platform, Flow Meter Calibration Certification, programming, report generation, report writing, support, and modifications for water treatment plant, water blending stations, wastewater treatment plant, wastewater lift stations, AWPF and recycled water distribution SCADA systems.

On an on -call and/or emergency basis, Consultant shall provide software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services. The Consultant shall be available year-round and available on a 24- hour/7-day basis. For emergency services, a 30-minute maximum call-back response time with a 2- hour maximum on-site response is required. For on- call services, services shall be scheduled to occur within five (5) calendar days. Consultant shall provide best management practices in protecting the SCADA system when using non- City computers or peripherals.

Consultant shall design, install and integrate SCADA systems for recycled water at River Ridge Golf Club, Blending Station 7 , and the distribution pipeline. Consultant will test, troubleshoot and optimize the SCADA systems. Consultant will also coordinate with Pleasant Valley County Water District and River Ridge Golf Club to synchronize operations and ensure that the recycled water system does not interfere with normal operations.

Consultant shall upgrade the Water and Recycled Water SCADA systems to the most current version as well as test, troubleshoot and optimize the systems to ensure full interoperability and security.

Services shall include maintenance services for all components of the SCADA system including hardware, software, and communications for a period of one (1) year following system acceptance.

SCADA INTEGRATION SERVICES

Consultant will provide Supervisory Control and Data Acquisit ion (SCADA) integration services, including troubleshooting, programming, report generation, report writing, support, and modifications for water treatment plant, water blending stations, wastewater treatment plant, wastewater lift stations, Advanced Water Purification Facility (AWPF) on an on call and/or emergency basis.

Services shall include, but are not limited to:

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Water System

System-W ide

● Calibrate/replace controls and instrumentation, sensors and switches (pressure, flow, level and temperature)
● Calibrate/refurbish/replace chemical (pH, conductivity, chlorine, ammonia and chloramines) analyzers
● Refurbish/replace Uninterruptible Power Supplies (UPSs) ● Work with City Information Systems Department and Verizon to isolate and remove sources of SCADA network dropouts
● Analyze power monitor data for real-time efficiency and time-of-use (TOU) evaluation ● Calibrate water system instrumentation
● Evaluate and repair communication network – coordinate with Verizon and City Information Systems regarding upgrading network switches ● Help evaluate and maintain remote access devices for SCADA operations ● Maintain software installed on (SCADA) server for local and state reporting ● Evaluate opportunities to extend City's fiber backbone to remote sites (blending stations, flow monitoring, pressure monitoring, etc.

Water Campus –
251 South Hayes Avenue, Oxnard, CA 93030

● Evaluate and repair communication network – coordinate with Verizon and City Information Systems regarding upgrading network switches ● Integrate well #23 with PLC control for automated use

Blending Station No. 1 Desalter -
251 South Hayes Avenue, Oxnard, CA 93030
● Isolate reverse osmosis (RO) skids Flex Input/Output (I/O) from SCADA local area network (LAN)
● Solve ControlNet module lockups
● Refurbish/replace flow control valves

Blending Station No. 2 –
1061 Richmond Avenue, Oxnard, CA 93030
● Upgrade PLC
● Calibrate water system instrumentation
● Develop communication

Blending Station No. 3 –
1700 Solar Drive, Oxnard, CA, 93030
● Calibrate water system instrumentation

Blending Station No. 4 –
3637 North Rose Avenue, Oxnard, CA, 93036
● Calibrate water system instrumentation

Blending Station No. 5 -
980 East Pleasant Valley Road, Oxnard, CA 93033
● Clean up analog and digital control wiring
● Integrate pressure and conductivity data into Calleguas Municipal Water District (CMWD) back feed control loop
● Develop BS No. 6 automated bypass scheme for backup CMWD supply to BS No. 1

Wellfield #2
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● Clean up analog and digital control wiring
● Integrate pressure and conductivity data into Calleguas Municipal Water District (CMWD) back feed control loop

Communication/Radios
● Develop loop system for radio communication

Wastewater System

Wastewater Treatment Plant –
6001 Perkins Road, Oxnard CA 93033
● Calibrate/replace instrumentation, sensors and switches (pressure, flow, level and temperature)
● Identify program tags that cause errors and repair
● Calibrate/refurbish/replace chemical (pH, ORP, TSS, Solids, and residual chlorine) analyzers
● Evaluate and repair communication network – coordinate with Frontier/Verizon/AT&T and Wastewater staff regarding upgrading network switches ● Help evaluate and maintain remote access devices for SCADA operations Maintain software installed on (SCADA) server for local and state reporting

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EXHIBIT B

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

SCHEDULE OF COMPENSATION

Other
Travel time (from Consultant location to
Oxnard) Two Hours
Material Markup (%) Cost + Markup (not to
exceed 15%) 15%

ENGINEERING, PROGRAMMING, TROUBLESHOOTING, AND FIELD LABOR INCLUDING TRAVEL SCHEDULED WORK – 24-HOUR NOTICE (STANDARD – NORMAL HOURS) MONDAY – FRIDAY 7:00 am – 4:00 pm

POSITION HOURLY RATE
FIELD ENGINEER $150
DESIGN ENGINEER $180
CONSULTANT ENGINEER $200
UNSCHEDULED URGENT WORK – TWO-HOUR NOTICE (NON-STANDARD) MONDAY – FRIDAY 7:00 am – 4:00 pm

POSITION HOURLY RATE
FIELD ENGINEER $185
DESIGN ENGINEER $225
CONSULTANT ENGINEER $250
MONDAY – FRIDAY 4:01 pm – 6:59 am

POSITION HOURLY RATE

TIME AND A HALF
FIELD ENGINEER $225
DESIGN ENGINEER $270
CONSULTANT ENGINEER $300

SATURDAY, SUNDAY, AND HOLIDAYS

POSITION HOURLY RATE

DOUBLE-TIME
FIELD ENGINEER $300
DESIGN ENGINEER $360
CONSULTANT ENGINEER $400
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EXHIBIT C

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

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) 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-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001).

If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Ins urance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.

d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

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

4. Consultant agrees that the commercial general liability and business automobile liability insurance p olicies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- A or substitute forms containing Agreement No. 32400003

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

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

6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager.

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants.

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

4/23
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s p ractice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

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

INS-A.doc

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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

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

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

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 $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

CITY OF OXNARD ℅ 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 E
XPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

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

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

AUTHORIZED REPRESENTATIVE

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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.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or 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 covera ge 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:

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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 t he operations, products and activities performed by or on behalf of the named insured.

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

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

CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days pri or 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, code ("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, agreements or exclusions of the pol icy 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-A.doc
Agreement No. 32400003

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EXHIBIT D

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

LIVING WAGE POLICY

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

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

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

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

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

Agreement No. 32400003

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT 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, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

Agreement No. 32400003

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EXHIBIT E

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

PREVAILING WAGE

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

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

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

3. CONSULTANT is required to post job site notices, as prescribed by regulation.

See Labor Code Section 1771.4(a)(2).

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

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

6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Agreement No. 32400003

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

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

9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

CONSULTANT shall comply with and be bound by Labor Code Section 1810.

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

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

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

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection Agreement No. 32400003

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with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.

Agreement No. 32400003

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Professional Services Agreement 32400003
with Northern Digital, Inc. (NDI) for
Supervisory Control and Data Acquisition
(SCADA) Systems Support Services
Public Works and Transportation Committee
May 23, 2023
City Council Meeting
June 20, 2023
Joseph Marcinko
Assistant Public Works Director
130
2 RECOMMENDATION
That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. for SCADA Support Services in amount not to exceed $1,000,000 for a three year term. 131
3 RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. for SCADA Support Services in amount not to exceed $1,000,000 for a three year term. 132
4 BACKGROUND
• SCADA systems- complex communication and control systems • Critically essential to operation of Oxnard’s Water Utilities. • Water, Wastewater, and Recycled water use SCADA systems • Wastewater does not have a dedicated SCADA position
• Water has a dedicated SCADA position: filled in December • SCADA systems:
○ Integrate hardware, software, and firmware
○ Monitor various functions of the operations
○ Control critical components like valves, pumps, and motors ○ Notify city staff of emergencies or system failures
133
5 BACKGROUND
● SCADA Support Services involve:
○ Programming
○ Software
○ Hardware
○ Instruments
○ Radio
○ Network communications
○ Electrical
○ Repair and Replacement
○ Cyber Security
● SCADA Support Services are critical for:
○ Emergencies
○ Diagnostic T esting
134

BACKGROUND
6 SCADA Monitoring:

Water System Components:
• Desalter treatment plant
• Drinking water wells
• Chemical feed systems
• Blending & Remote stations
Wastewater System Components:
● Oxnard Wastewater Treatment Plant (OWTP)
● Sewage pumping stations
Recycled Water System Components:
● Advanced Water Purification Facility (AWPF)
● Recycled water pipeline
135
• February 10,23: Advertisement of Request for Proposal (RFP) • March 14, 2023: One bid received, opened and reviewed • Northern Digital Inc. was deemed a responsive bidder
• Verified possession of valid licenses
• Reviewed the federal Occupational Safety and Health
Administration (OSHA) website for safety violations
• Checked that the City business license is current
• Verified registration with the CA Department of Industrial Relations (DIR)
• Recommend to award from qualifications and operational need

DISCUSSION
7 136
• T otal cost shall not exceed $1,000,000 over three years • Annual spending commencing in July 2023 for FY 23-24
• Estimated annual spending for FY 24 and FY 25 is $325,000 • Estimated annual spending for FY 26 is $350,000
• Funded from Water and Wastewater Operations
• FY 23-24 funding in the proposed annual budget
• Subsequent year funding will be in the annual budget process

8 FINANCIAL IMPACT
137

9 FINANCIAL IMPACT

ESTIMATED SPENDING PLAN
DIVISION ACCOUNT FY -24 FY -25 FY -26 TOTAL
WASTEWATER 6113615-53200 $50,000 $50,000 $50,000 $150,000 WATER 6013600-53200 $260,000 $260,000 $285,000 $805,000 AWPF 6013605-53200 $15,000 $15,000 $15,000 $45,000
TOTAL $325,000 $325,000 $350,000 $1,000,000
138
Questions?
139

Public Works & Transportation CommitteeMay 23, 2023

Public Works & Transportation Committee
May 23, 2023