Agenda packet — Oxnard City Council, November 7, 2023 (part 3 of 6)

WHEREAS, the City intends to enact policies and ordinances in furtherance of the Plastic Pollution Prevention and Packaging Producer Responsibility Act.

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

Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance.

Part 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Parts 3, 4, 5 and 6 of this Ordinance to Chapter 7, Article XXIV as set forth below.

Part 3. Section 7-342 of the City Code is hereby amended to read as follows: The following definitions are added alphabetically as subsections (B), (D), (H) and (I) and, with the following subsections re-lettered accordingly as set forth below:
“(A) AB 1276 - The California State Assembly Bill regulating the distribution of single- use foodware accessories by food vendors to be made available only upon request of the consumer.
(B) SB 54 – The California Senate Bill entitled the Plastic Pollution Prevention and Packaging Producer Responsibility Act requires local jurisdiction to either recycle or prohibit the distribution of certain covered materials, which include but are not limited to single use plastic food ware.
(C) CONSUMER - Has the same meaning as in Cal. Health and Safety Code, Section 113757.
(D) COVERED MATERIAL – Has the same meaning as in Public Resources Code, Section 42041(e)(1)(A) and (B)(i) and (ii).
(E) FOOD FACILITY - Has the same meaning as in Cal. Health and Safety Code, Section 113789.
(F) READY-TO-EAT FOOD - Has the same meaning as in Cal. Health and Safety Code, Section 113881.
(G) REFILLABLE SELF-SERVICE DISPENSER - A container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion. (H) PLASTIC - means a covered material that is a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be 372
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shaped into various rigid and flexible forms, and includes coatings and adhesives. “Plastic” includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE),polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid(PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxybutyrate (PHB). “Plastic” does not include natural rubber or naturally occurring polymers such as proteins or starches. (I) PLASTIC FOODWARE - means single-use foodware made partially or entirely of plastic.
(J) SINGLE-USE - Designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(K) SINGLE-USE FOODWARE ACCESSORY - All of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which are defined as forks, knives, spoons, sporks, and chopsticks. (2) Condiment cups and packets.
(3) Straws.
(4) Stirrers.
(5) Splash sticks.
(6) Cocktail sticks.
(7) Containers, including but not limited to bowls, plates, and trays. (8) Cups and cup lids.
(L) STANDARD CONDIMENT - Relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(M) THIRD-PARTY FOOD DELIVERY PLATFORM - Has the same meaning as in Cal. Health and Safety Code, Section 113930.5.”
Part 4. Section 7-343 of the City Code is hereby amended as follows: The section title has been changed, subsections (A) and (B) are added, and the following subsections re-lettered accordingly as set forth below:
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“SEC. 7-343. REQUIREMENTS FOR FOOD FACILITIES.
(A) No food facility shall use or distribute any single-use plastic foodware within the City of Oxnard.
(B) Food facilities within the City of Oxnard may only use and distribute non- plastic foodware in accordance with this section.
(C) Except as provided in divisions (E) and (F), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any plastic foodware, and shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
(D) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.
(E) A food facility may ask a drive-through consumer if the consumer wants a single- use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (F) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(G) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.
(2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food. (H) Nothing in this section shall prohibit a food facility from making unwrapped single- use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained. 374
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(I) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. (J) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
(K) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.”
Part 5. Section 7-344(B)(4) of the City Code is hereby amended as follows:
“(4) Public and private school cafeterias, as referenced in Cal. Health and Safety Code, Section 113789(b)(1), are partially exempt from this Article with the exception of Section 7- 343 subparagraphs (A) and (B).” .

Part 6. Section 7-345 of the City Code is hereby amended to add subparagraph (F) as set forth below:
“(F) Enforcement of violations involving single-use plastic foodware will begin on January 1, 2025.”
Part 7. This ordinance is exempt from the California Environmental Quality Act under section 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Part 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.

Part 9. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 10. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the 375
Ordinance No. _________

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City Clerk, in accordance with Government Code Section 36933. Ordinance No. _______ was first read on _______________, 2023, and finally adopted on ___________________, 2023, to become effective January 1, 2024.

APPROVED AND ADOPTED this _____ day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
John C. Zaragoza, Mayor

ATTEST:

__________________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM:

__________________________________
Stephen M. Fischer, City Attorney
376
Ordinance to Prohibit Single-Use
Plastic Foodware
Chelsey Ballot, Deputy City Attorney
City Attorney Office
City Council
11/07/2023
377
Recommendation
2 That the City Council approve the introduction and first reading by title only and waive any further reading of the ordinance entitled: "Ordinance of the City Council of the City of Oxnard, California Amending Article XXIV of Chapter 7 of the Oxnard City Code Prohibiting the Use and Distribution of Single-Use Plastic Foodware."
(This item is exempt from CEQA pursuant to Title 14 of the California Rules of Regulation section 15061(b)(3))
378
Background
• June 30, 2022 - Governor Gavin Newsom signed Senate Bill (“SB”) 54, establishing the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
• SB 54 requires the City to collect and recycle or compost materials CalRecycle identifies as recyclable and
compostable and designates as a "covered material"
pursuant to Public Resource Code section 42041(e)(1)(A) and (B)(i) and (ii).
• SB 54 provides local jurisdictions, such as the City, authority to pass an ordinance prohibiting the use and
distribution of single-use plastic foodware items in the City. 3 379
Background
• A City ordinance prohibiting the use of single-use plastic foodware relieves the City of its obligation to recycle single-use plastic foodware.
• Prohibiting single-use plastic foodware will have environmental benefits.
4 380
Discussion
• This Ordinance will apply to all single-use plastic foodware as defined below:
• Plastic - Means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and
flexible forms, and includes coatings and
adhesives.“Plastic” includes, without limitation,
polyethylene terephthalate (PET), high density
polyethylene (HDPE),polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene
(PS), polylactic acid(PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and
polyhydroxybutyrate (PHB). “Plastic”does not include
natural rubber or naturally occurring polymers such as
proteins or starches.
5 381
Discussion
● Plastic Foodware - Means single-use foodware made partially or entirely of plastic. Plastic foodware is neither compostable or recyclable.
● Single Use - Means designed to be used once and then
discarded, and not designed for repeated use and sanitizing. 6 382
Exemptions
• This Ordinance makes the following exemptions for single-use plastic foodware:
• Correctional institutions, which has the same meaning as in Cal. Penal Code, Section 7502.
• Health care facilities licensed pursuant to Cal. Health and Safety Code, Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 or facilities that are owned or operated by a health care service plan licensed pursuant to Cal. Health and Safety Code, Chapter 2.2 (commencing with Section 1340) of Division 2.
• Residential care facilities licensed pursuant to Cal. Health and Safety Code, Division 2 (commencing with Section
1200).
7 383
Businesses Subject to the Ordinance
• Food Facilities - as defined in Cal. Health and Safety Code Section 113789 is an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: (1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food; and (2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. Additionally, a Food facility includes permanent and nonpermanent food facilities.
8 384
Implementation and Enforcement
• This Ordinance will take effect January 1, 2024, however enforcement actions under the ordinance will not begin until January 1, 2025, to allow time for outreach to the impacted businesses and organizations, and coordination with City’s Community Development, Code Compliance and
Environmental Resources departments.
• This period will also allow businesses and organizations to use previously purchased non-compliant product(s) and
receive information about resources for compliant products. • This enforcement date of the Ordinance is consistent with the requirements of SB54.
9 385
Community Outreach
• The goal of the City’s outreach is to help businesses find affordable compliant products that work for their business needs.
• Staff will engage with local organizations, business
community, and non-profit organizations with different
outreach methods including social media, mailers, meetings, and door to door conversations with affected businesses. 10 386
Strategic Priorities
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
11 387
QUESTIONS?
388

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.3

DATE: November 7, 2023

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: Fifth Amendment to Agreement A-7858 with Axon Enterprises, Inc. for Body Worn Camera and Other Services Utilized by the Police Department (10 minutes).

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Fifth Amendment to contract A-7858 with Axon International, Inc., increasing the contract's total agreement amount to $4,102,311.26.

(This item did not originate in Committee.)

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

BACKGROUND

In March of 2016, City Council approved the original agreement with Axon International in the amount of $375,608.65. The agreement was for the purchase of fifty (50) body-worn cameras (BWC’s), with an Officer Safety Plan (OSP). The OSP includes BWC’s and Taser brands conducted energy weapons (CEW’s); this is most commonly referred to as a "Taser." BWC’s have been shown to have a positive impact on the public’s perception and confidence in the police. Overall, BWC’s improve police-community interactions, as well as promote transparency in operational procedures.

In September of 2016, City Council approved the First Amendment to the Agreement, in the amount of $729,808.27 for the purchase of an additional one hundred (100) BWC’s including the OSP.

In March of 2018, City Council approved the Second Amendment to the Agreement, in the amount of $268,973.55, for the purchase of fifty (50) more BWC’s. This purchase did not include an Officer Safety Package, thus Taser CEW’s were not included. The Police Department currently has an inventory of two hundred (200) BWC’s that are assigned to sworn personnel.

On March 17, 2020, City Council approved a Third Amendment to the Agreement, which made the following changes to the existing contract: 1) added 66 licensed users to Evidence.com, 2) added Redaction Assistant software, 3) added eighty (80) units of Signal Vehicle for patrol vehicles, 4) added a video recording system for six (6) interview rooms at police headquarters, and 5) ratified the purchase of fifty (50) Taser CEW’s.

On June 29, 2021, City Council approved a Fourth Amendment which consolidated all contracts with Axon into the existing Agreement (A-7858) and included the following changes: 1) All licenses within the Evidence.com evidentiary management system updated (Auto-Tagging and Redaction Assistant included), 2) all Tasers to the latest Taser 7 CEW model, and 3) Axon Air software for the Unmanned Aerial Systems (UAS) added. All licenses and features within Evidence.com and the upgrade to Taser 7 were part of the upgraded Officer Safety Plan 7 (OSP7). The overall first-year cost for the Officer Safety Plan 7 was $471,238.13; years 2-5 will be $488,474.86. 389

The Fifth Amendment addresses a minor error in the language of the Fourth Amendment, which was written to increase the contract “to" $2,451,318.01. The Fifth Amendment will correct the language to increase the Agreement “by" $2,451,318.01, increasing the total amount of the agreement to $4,102,311.26. These additional funds were already budgeted by the Police Department using the State Supplemental Law Enforcement Services Fund (SLESF) at the time the Fourth Amendment was executed.

STRATEGIC PRIORITIES

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

Product
Year 1 (FY2021-
22)
Year 2 (FY2022-
23)
Year 3 (FY2023-
24)
Year 4 (FY2024-
25)
Year 5 (FY2025-
26)
OSP7 $471,238.13 $477,962.82 $477,962.82 $477,962.82 $477,962.82 Gap
Coverage $8,298.00 $0.00 $0.00 $0.00 $0.00
Interview
Room $8,882.44 $1,512.04 $1,512.04 $1,512.04 $1,512.04
Axon Air $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00

Totals $497,418.57 $488,474.86 $488,474.86 $488,474.86 $488,474.86

For Fiscal Year 2023-2024 (year 3), $375,000 has been budgeted from the General Fund. The remaining balance will be covered by the State Supplemental Law Enforcement Services Funds (SLESF) Grant. There is sufficient funding from the SLESF Grant to fund the additional cost of the amendment with the corrected language.

For Finance Use Only: General Fund (Org.1012111 Obj. 53200), State & Local Grant Fund (Org. 2102131 Obj. 53200 Project G2319)

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rocky Marquez, Police Commander

ATTACHMENTS

1. 5th Amendment of Axon Agreement_to be signed

390
FIFTH AMENDMENT TO AGREEMENT (V-10-01-23)
Agreement No. A-7858

FIFTH AMENDMENT TO MASTER SERVICES AND PURCHASING AGREEMENT

FOR BODY-WORN CAMERA SYSTEM
This Fifth Amendment (“Fifth Amendment”) to the Master Services and Purchasing Agreement for Body-Worn Camera System (“Agreement”) is made and entered into in the County of Ventura, State of California, this 7th day of November 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Axon Enterprise, Inc. (“Vendor”). This Fifth Amendment amends the Agreement entered into on March 22, 2016, by City and Vendor. The Agreement previously has been amended on September 13, 2016, by a First Amendment, on March 20, 2018, by a Second Amendment, on March 17, 2020, by a Third Amendment, and on June 26, 2021, by a Fourth Amendment.

City and Vendor agree as follows:

1. The amount of the Agreement, “$2,451,318.01”, is hereby deleted and replaced with “$4,102,311.26”.

2. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
391
Agreement No. A-7858
FIFTH AMENDMENT TO AGREEMENT (V-10-01-23)
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD AXON ENTERPRISE, INC.

☒ John C. Zaragoza, Mayor1 Date Robert Driscoll, VP Sales Date

Jawad Ahsan, CFO Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 392

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.4

DATE: November 7, 2023

TO: City Council

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

SUBJECT: Agreement 32400108 with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for Repair and Maintenance of Autocar Refuse Trucks, Allison Transmissions, Freightliner Trucks and Detroit and Cummins Engines (10 minutes).

RECOMMENDATION

That the City Council approve and authorize an Agreement with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $1,250,000 for the repair and maintenance of Autocar refuse trucks, Allison transmissions, Freightliner trucks and Detroit and Cummins engines as part of the City’s equipment fleet on an on-call/as needed basis.

(Public Works and Transportation Committee approved 3-0 on October 10, 2023)

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

BACKGROUND

The Fleet Services Division of the Public Works Department performs maintenance and repairs of the City’s 959 fleet vehicles and equipment valued over $52 million. The City’s fleet consists of 78 Autocar refuse trucks, six Freightliner dump trucks, and 20 fire apparatus that have Allison transmissions and a mixture of Cummins and Detroit engines.

Although the Fleet Division performs the majority of the maintenance on these vehicles, Fleet Services requires a vendor to provide as-needed repairs and overflow maintenance to minimize downtime.

Fleet Services has been using Velocity Truck Centers (Velocity) formerly known as Big T’s for over 20 years. Velocity is the local Autocar and Freightliner service and support partner in addition to being the local Allison transmissions, Cummins engine and Detroit engine dealer. Any major rebuilds or warranties are performed by authorized dealers; therefore, it is necessary to obtain warranty, repairs and OEM parts from Velocity.

DISCUSSION

Velocity is the only maintenance and repair shop authorized by Autocar and Freightliner. Velocity is also the local provider for original equipment maintenance (OEM) parts for Allison Transmission, Cummins Engine, and Detroit Engine. City Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services. Having access to the authorized repair shop with access to OEM parts ensures maintenance can be performed in an efficient manner and warranty services can be obtained.

Refuse collection operates six days a week and requires more maintenance to keep them in a safe and reliable operating condition. Thirty of the 78 Autocar refuse trucks have more than 100,000 miles and average over 18 years of in-service 393
use. In order to keep up with the maintenance and repairs, Fleet Services requires some of these services to be performed by Velocity under the direction of Fleet Services. 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 refuse vehicles, resulting in significant wear on the parts.

The Fire Department has a 24/7 operation that requires all apparatus and equipment to be ready to go at any moment's notice. Fire has 20 trucks and has standardized to Pierce Fire Apparatus that is equipped with Detroit and Cummins engines along with Allison transmissions. In order to keep up with the maintenance and repairs, Fleet Services requires some of these services to be performed by Velocity under the direction of Fleet Services.

Velocity Truck Centers is located in Oxnard and meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the services in this Agreement. Thus, staff recommends that the City Council award this Agreement to Velocity Truck Centers.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with Velocity Truck Centers shall not exceed $1,250,000 through November 7, 2028, if extended. Funding will begin in Fiscal Year 2023-24 and there are sufficient funds in the Fleet Services Fund (741) in the City Council approved FY 2023-24 Operating Budget. Subsequent fiscal year funding will be requested in the annual budget process. The estimated spending plan per year is as follows:

Estimated Spending Plan for Velocity Truck
Centers
Account
Number
FY 2023-24
8 months
FY 2024-25
12 months
FY 2025-
26 12
months
FY 2026-27
12 months
FY 2027-28
12 months
FY 2028-29
4 months TOTAL
7413750
-55030
$100,000 $125,000 $125,000 $125,000 $125,000 $25,000 $625,000 7413750
-52110
$100,000 $125,000 $125,000 $125,000 $125,000 $25,000 $625,000

TOTAL $200,000 $250,000 $250,000 $250,000 $250,000 $50,000 $1,250,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 10, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. Agreement 32400108

2. Presentation

394
Agreement No. 32400108

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ON-CALL / AS-NEEDED TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND LOS ANGELES TRUCK CENTERS, LLC
dba VELOCITY TRUCK CENTERS

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Los Angeles Truck Centers, LLC dba Velocity Truck Centers (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensati on, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. This agreement is for the repair and maintenance of Autocar Refuse Trucks, Allison Transmissions, Freightliner Trucks and Detroit and Cummins engines to the City of Oxnard equipment fleet on an on- call / as-needed basis.

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030

Velocity Truck Centers (“SERVICE PROVIDER”), a corporation of the State of California, located at 2501 Camino Del Sol, Oxnard, California 93030

3. TERM OF AGREEMENT: From: November 8, 2023 To: November 7, 2024

3.1 Time is of the essence in this Agreement.

3.2 The CITY shall have the option for (4) four consecutive (1) one- year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension

3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of t he option extension within 10 days 395
Agreement No. 32400108

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of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

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

4. AGREEMENT AMOUNT NOT TO EXCEED: $1,250,000.

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

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-V Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Jose Arreola Name: Louie Garcia
Title: Fleet Services Manager Title: Regional Parts & Service Manager
Phone: 805-385-8011 Phone: 213-272-5680 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave., Bldg. 2
Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

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

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Agreement No. 32400108

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

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

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

8. SERVICE PROVIDER'S SERVICES.

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

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

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER 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.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.

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10. PAYMENT & INVOICES.

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

10.1 Payment Request. SERVICE PROVIDER 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 SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

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

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

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of 398
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five (5) years. If no option to extend the Agreement appears in section 3.2, the n this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

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

13. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its empl oyees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation 399
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insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

15. LAWFUL PERFORMANCE.

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

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

16. SAFETY REQUIREMENTS.

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

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

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

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

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to 400
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the CITY all information developed in the course of the SERVICE PROVIDER's services. SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

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

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

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from discl osure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement.

If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

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

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER i n reliance on any Confidential Information disclosed under this Agreement. 401
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18. ASSIGNMENT.

This Agreement is for the non- professional services of SERVICE PROVIDER.

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non- breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section

20. 20. NOTICES.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

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any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and in demnify 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 alter native dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY At torney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failu re to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER 403
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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 SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from , all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.
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26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are requi red 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 pr ojects for the purpose of evading these prevailing wage requirements.

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

27. CONFLICT OF INTEREST

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

28. IRAN CONTRACTING ACT

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdi vision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran 405
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described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.

29. [RESERVED]

30. DISPUTES.

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

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documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meal s and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

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

34. NONDISCRIMINATORY EMPLOYMENT.

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

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

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, wal kouts 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 Cali fornia. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

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37. SEVERABILITY.

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

38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the 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 executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signat ure 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.

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as specified in this Agreement. Any contractual terms or conditions contained in such exhibit impo sing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

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

[Signatures on next page]

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

CITY OF OXNARD LOS ANGELES TRUCK CENTERS, LLC

DBA VELOCITY TRUCK CENTERS

☐John C. Zaragoza, Mayor1 Date Conan Barker, President Date ☐Jennifer Yates, 2
Purchasing Manager

Bryan Kobus, CFO3 Date

ATTEST:

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

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
• For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
• For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
• For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
• If the company has a different structure, or if the above-l isted 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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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Los Angeles Truck Centers, LLC dba Velocity Truck Centers)

SCOPE OF SERVICES

SERVICE PROVIDER shall provide parts, mechanical and electrical repairs, body repair and painting, to Autocar trucks, Allison Transmissions, Freightliner Trucks and Detroit and Cummins engines for warranty claims and/or repairs to the City of Oxnard equipment fleet on an as needed basis. The work shall be performed at the proposer’s shop unless otherwise agreed to in writing by the City of Oxnard.

Mechanical Inspections, Maintenance and Repair:

SERVICE PROVIDER must be able to provide the appropriate staffing resources, tools, parts, materials, supplies, and diagnost ic equipment to perform maintenance, repair, inspections, and other services as needed.

Maintenance:

Includes but is not limited to: fluid and filter replacements, brake and belt replacements, and service to common mechanical and electrical systems. The activities are typically in accordance with the original equipment manufacturers recommended services.

Mechanical Repair: Includes but not limited to electrical system, cooling system, fuel system, HVAC and includes replacement of defective or failed par ts, and modifications to vehicles.

Inspections:

Includes completing all Federal and State required vehicle inspections and certifications for regulated and non- regulated vehicles. These include the 90- day State Basic Inspection of Terminals (BIT) Progr am, safety inspections subject and not subject to California Vehicle Code section 34500 VC,

Body Repair and Painting:

SERVICE PROVIDER shall provide body repair and painting services for the City’s Autocar equipment, to include but not be limited to general body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement including windshields, painting all or portions of equipment bodies, and other repair services. Bent parts are to be straightened and reinforced or replaced if necessary. In the event that vehicle decals are damaged, the proposer will 411
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install new decals to the repaired vehicle. Decal removal and installation are to be included in the repair estimate.

General Shop Requirements:

SERVICE PROVIDER shop will meet the following minimum requirements:
a) Be able to perform complete mechanical and body repairs, as well as paint equipment.
b) Maintain a paint booth that is in legal compliance with all applicable laws. c) Maintain a secure storage area for all City of Oxnard owned vehicles. d) Possess a MIG and TIG welder or other electric spot welding equipment for body welding including aluminum body repairs. The proposer shall ensure that the vehicle computer systems are disconnected from the vehicle before any welding is done. The proposer is to replace, at his/her expense, any vehicle onboard computers damaged by not disconnecting the computers before any welding operations.

Estimate Process Requirements:

SERVICE PROVIDER will provide estimates for mechanical, body repair and painting on an as needed basis as requested by the City of Oxnard. Estimates will include:
a) Make, model and mileage of vehicle license plate number, VIN number and City of Oxnard unit number
b) Itemized list of description of work to be performed c) Estimated number of labor hours of task
d) Itemized list of parts and paint materials costs
e) All incidentals or miscellaneous shop supplies and charges shall be included and priced accordingly
f) Total repair estimate is to include sales tax
g) Approximate schedule to complete the repairs after receiving a notice to proceed
h) If applicable, any recommendations for future repairs i) All estimates shall be from an applicable industry standard Collision and Estimating Reference Guide used by insurance appraisers. Proposers shall provide the name and version of the guide or software used

Prior to any repair, the SERVICE PROVIDER and City of Oxnard Fleet Service Writer or Fleet Supervisor will review the estimate and confirm that the estimate includes an accurate description of the vehicle condition. All repair estimates must be approved by the City of Oxnard in writing in advance of work being performed. Repair work will not start until a notice to proceed is received. Vendor shall as sume full liability and responsibility for all equipment and contents (including radios, aftermarket lighting and other standard or installed equipment) placed in its custody by the City of Oxnard under this contract.

Parts:

All parts used to provide repairs will be new Autocar Certified Original Equipment Manufacturer (OEM). Any and all incidental charges shall be included in the vendors hourly rate. Vendor shall furnish new unused O.E.M., remanufactured O.E.M., vehicle 412
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body parts, materials and labor as required in accordance with the provisions and specifications contained herein. If OEM parts are not available or obsolete, notification to the City of Oxnard is required for approval.

Alignment:

SERVICE PROVIDER shall perform realignment of all equipme nt when needed. This shall be a thrust alignment for frame vehicles and four wheel alignment for unibody vehicles. A printout of the readings after the alignment will be included in each repair order. Vendor will ensure personnel or sub- contractor is quali fied to perform alignment work.

Frame Work:

SERVICE PROVIDER shall perform frame straightening of all equipment when needed.

Vendor will ensure personnel or sub-contractor is qualified to perform all framework.

Major Repairs:

If metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replaced with new metal or plastic that is equal to or greater than the original thickness of the component.

Painting Process Requirements:

The paint process will consist of the following in the order listed, utilizing the latest state-of the-art painting and paint matching systems, mixing tools, California compliant water based or solvent based paints and clear coats and spraying tools:

• Primer
• Base Coat
• Clear Coat

Warranty:

All parts and supplies provided shall be warranted for a minimum period of twelve (12) months or twelve thousand (12,000) miles, or for any manufacturer warranty period, whichever is greater. Warranted parts shall be replaced with new parts. All warranty information will be made available to the City of Oxnard. Unsatisfactory repairs include, but are not limited to, paint swirls, fish eye blemishes, mismatched paint color, buffer burns, as well as any other defects and/or imperfection in body work or paint finish.

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Los Angeles Truck Centers, LLC dba Velocity Truck Centers)

SCHEDULE OF COMPENSATION

RATES
Labor (Hourly Rate) $162.00
Cummins Parts/Material Pricing (Discount) 55% off MSRP
Detroit Parts/Material Pricing (Discount) 47% off MSRP
Freightliner Parts/Material Pricing (Discount) 25% off MSRP Autocar Parts/Material Pricing (Discount) 38% off MSRP
Allison Parts/Material Pricing (Discount) 58% off MSRP
Aftermarket Pricing/Material Pricing (Discount) 58% off MSRP

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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Los Angeles Truck Centers, LLC dba Velocity Truck Centers)

INSURANCE REQUIREMENTS

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

Exhibit INS-V

INSURANCE REQUIREMENTS FOR VENDORS/CONTRACTORS
(WHO REPAIR, INSTALL OR MAINTAIN VEHICLES AND EQUIPMENTS IN VENDORS/CONTRACTORS CARE, CUSTODY

AND CONTROL)
City of Oxnard’s Fleet Services Department cannot process any transactions until the following insurance documents have been submitted.

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

Commercial General Liability Insurance, including Contractual Liability in an amount not less than $1,000,000 Occurrence/$2,000,000 Aggregate for bodily injury and property damage for each claimant for General Liability with coverage equivalent to Insurance Services Office Garage Insurance Coverage form. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured.

Business Automobile Liability Insurance in an amount of $1,000,000 combined single limit for bodily injury and property damage which may arise from or in connection with the performance of services hereunder by Vendor/Contractor, its agents, representatives, employees or subcontractors. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured.

When City vehicles are in the care, custody and control of the Contractor, Garagekeepers Legal Liability in an amount not less than $1,000,000 per claimant must be provided.

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 r ights of subrogation which the insurer may have against the City.

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

Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better. Contractor is responsible to provide immediate notification to Risk Manager in the event coverage is suspended, voided, canceled or reduced in coverage.

Contractor agrees that the Commercial General Liability Insurance and Garagekeepers Legal Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. Required forms for Commercial General Liability Insurance and Garagekeepers Legal Liability Endorsements are ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037, or equivalent.

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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). 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.

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

All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

8/23
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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 ins urance. You may use this or any industry form that shows coverage a s 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 certifi cates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will b e accepted, however, as long as they include provisions comparable to the attached.

INS-V.doc

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SAMPL

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

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

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; if architectural, engineering or electrical work will be performed under the Agreement

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

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE 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.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



CLAIMS:

Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

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

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

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

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

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

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

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

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG 0001.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 8/23 INS-T.doc
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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 the operations, products and activities performed by or on behalf of the named insured.

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

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

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

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

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

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 ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed

Rev. 8/23
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EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Los Angeles Truck Centers, LLC dba Velocity Truck Centers)

LIVING WAGE POLICY

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

A. SERVICE PROVIDER shall compensate any employee of SER VICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, 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 addi tion, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Los Angeles Truck Centers, LLC dba Velocity Truck Centers)

PREVAILING WAGE

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

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such ra tes at each job site covered by this Agreement.

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

SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereo f for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) 423
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certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

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

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

SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

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

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

SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation 424
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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. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

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

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EXHIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Los Angeles Truck Centers, LLC dba Velocity Truck Centers)

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208

Pursuant to Public Cont ract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Secti on 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

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

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of
426
Approve Agreement 32400108 with Los Angeles
Truck Centers, LLC dba Velocity Truck Centers for
Repair and Maintenance of Autocar Refuse Trucks,
Allison Transmissions, Freightliner Trucks and
Detroit and Cummins Engines
Public Works and Transportation CommitteeOctober 10, 2023City CouncilNovember 7, 2023 Jose Arreola
Fleet Services Division Manager
427
That the Public Works and Transportation Committee recommend that the City Council approve and authorize an Agreement with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $1,250,000 for the repair and maintenance of Autocar refuse trucks, Allison transmissions, Freightliner trucks and Detroit and Cummins engines as part of the City’s equipment fleet on an on-call/as needed basis.

Recommendation 2
428
That the City Council approve and authorize an Agreement with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $1,250,000 for the repair and maintenance of Autocar refuse trucks, Allison transmissions, Freightliner trucks and Detroit and Cummins engines as part of the City’s equipment fleet on an on-call/as needed basis.

Recommendation 3
429
• The Fleet Services Division of the Public Works Department performs maintenance and repairs of the City’s 959 fleet vehicles and equipment valued over $52 million
• The City’s fleet consists of seventy-eight (78) Autocar refuse trucks, six Freightliner dump trucks, and twenty fire apparatus that have Allison transmissions and a mixture of Cummins and Detroit engines
• Although the Fleet Division performs the majority of the maintenance on these vehicles, Fleet Services requires a vendor to provide as-needed repairs and overflow maintenance
minimize downtime
BACKGROUND 4
430
• Fleet Services has been using Velocity Truck Centers (Velocity) formerly known as Big T’s for over 20 years
• Velocity Truck Centers is the local Autocar and Freightliner service and support partner in addition to being the local Allison transmissions, Cummins engine and Detroit engine dealer
• Any major rebuilds or warranties are performed by authorized dealers; therefore, it is necessary to obtain warranty, repairs and OEM parts from Velocity
BACKGROUND 5
431
● Velocity is the only maintenance and repair shop authorized by Autocar and Freightliner and is also the local provider for original equipment manufacturer (OEM) parts for Allison Transmission, Cummins Engine, and Detroit Engine
● City Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services
● Having access to the authorized repair shop with access to OEM parts ensures maintenance can be performed in an
efficient manner and warranty services can be obtained
DISCUSSION 6
432
● Refuse collection operates six days a week and requires more maintenance to keep them in a safe and reliable operating condition ● Thirty of the 78 Autocar refuse trucks have more than 100,000 miles and average over 18 years of in-service use ● In order to keep up with the maintenance and repairs, Fleet Services requires some of these services to be performed by Velocity under the direction of Fleet Services DISCUSSION 7
433
● 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 refuse vehicles, resulting in significant wear on the parts ● The Fire Department has a 24/7 operation that requires all apparatus and equipment be ready to go at any moment’s notice ● Fire has 20 trucks and has standardized to Pierce Fire Apparatus that is equipped with Detroit and Cummins engines along with Allison Transmissions DISCUSSION 8
434
● In order to keep up with the maintenance and repairs, Fleet Services requires some of these services to be performed by Velocity under the direction of Fleet Services.
● Velocity Truck Centers is located in Oxnard and 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 9
435
• The total cost for this agreement with Velocity Truck Centers shall not exceed $1,250,000 through November 7, 2028, if extended
• Funding will begin in Fiscal Year 2023-24 and there are sufficient funds in the Fleet Services Fund (741) in the City Council approved FY 2023-24 operating budget
• Subsequent fiscal year funding will be requested in the annual budget process.

FINANCIAL IMPACT 10
436
QUESTIONS?
11 437

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5

DATE: November 7, 2023

TO: City Council

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

SUBJECT: Agreement 32400232 with Garcia’s Landscaping Maintenance Inc. for Landscape Maintenance Services for the Riverpark Ballfields within Community Facilities District No. 5. (15 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. for landscape maintenance services for the Riverpark Ballfields within Community Facilities District No. 5 in the amount not to exceed $1,725,000, for the entire five-year and two months term of the Agreement ending December 31, 2028.

(Public Works and Transportation Committee approved 3-0)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5VQhKueoFew

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including Community Facilities District No. 5 (“CFD-5” or “Riverpark”). Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed in an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within their District. Special Districts staff manage the landscape maintenance agreements for all of the City’s special districts.

Since 2019, Garcia’s Landscape Maintenance Inc. has provided the landscape maintenance services to CFD-5, including the Rio Vista Middle School and Del Mar Elementary School ballfields (“Riverpark Ballfields”) located within Riverpark.

DISCUSSION

CFD 5 was established in 2005 with the approval of the property owners to pay for the cost and expense of providing the public services within the Riverpark development, which includes, but is not limited to the following (per Formation Documents):
• Maintenance of parks, parkways, and open space.Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities.
• Flood and storm protection services.
• Costs incurred in establishing the district and creating the levy of the special tax, financial adviser fees and expenses, appraisal and price point study costs, maintenance reserves, and district counsel fees and expenses. 438
• Ongoing administrative fees of the district, the City and any trustee, fiscal agent or financial administrator related to the district.
• Reimbursement of costs related to the formation of the district advanced by the City, any landowner in the district, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, any landowner in the district or any party related to any of the foregoing, for services, fees or other purposes or costs of the district.
• Police protection services.
• Local park, recreation, parkway, and open-space facilities.

CFD-5 is the largest special financing district that the Special Districts Division manages. CFD 5 consists of 702 acres and is directly managed by a Project Manager and two (2) Landscape Maintenance Inspectors. This Landscape Maintenance Agreement will provide specific services necessary for the maintenance of the sports facilities including general services such as trash pickup, mowing, weeding, maintenance of all plant material and ground cover, application of fertilizer, pesticides and herbicides, and removal of graffiti. Services performed under this Agreement will not include any maintenance of areas outside of the Rio Vista and Rio Del Mar school grounds and will follow the specific schedule that is identified within the Agreement.

The landscape contractor is to furnish all labor, materials, supplies, and equipment to complete the work as required by this Agreement. This Agreement for the Riverpark Ballfields is separate from the CFD-5 community landscapes and parks maintenance agreement due to requests from the residents for more transparency regarding the provision of services and the different requirements for the sports field maintenance. While CFD-5 is serviced at service level A, the Riverpark Ballfields are serviced in accordance with a monthly schedule of services that specify the tasks that are performed to provide quality sports field conditions. To reduce the overall costs to the community, efforts were made to reduce the frequency of certain services from previous years, in addition to other tasks that were removed entirely from the scope of services. Specific care was taken to maintain the necessary tasks within the scope of services to uphold a high standard of quality. In order to maintain the selected levels of service and ensure quality performance by the contractor, Special Districts staff will meet with the contractor on a monthly basis to review their performance. Any failure to provide services that are not addressed in a timely and professional manner, will result in a penalty for each occurrence against the contractor's monthly invoice.

The Purchasing Department released a Request for Bid (RFB) PW24-25 for Landscape Maintenance - Riverpark Ballfields on August 29, 2023, with a bid due date of September 20, 2023. The RFB PW24-25 received a total of three (3) bids from the following contractors: Garcia’s Landscaping Maintenance Inc, SGD Enterprises dBa Four Seasons Landscaping, and Mariposa Landscapes Inc. Each bid was evaluated based on the total cost of service for one calendar year with “Additional/Irregular Services” prices included as a one-time expense. These prices were compiled into a total bid price, which was then used to determine the lowest bidder. Bids totals received are as follows:

Vendor Total Bid Price (Annual)
Garcia’s Landscape Maintenance Inc. $287,108.00
SGD dba Four Seasons Landscaping $298,503.33
Mariposa Landscapes Inc. $565,393.00

The bids were reviewed by the Purchasing Department (Purchasing Manager) and Special Districts Division (Special Districts Manager, Project Manager - Administration) and Public Works Administration (Administrative Services Analyst, Senior) with a determination of to be the lowest, responsive bidder pursuant to the process outlined in the Oxnard Municipal Code. Staff has confirmed that Garcia’s Landscaping Maintenance Inc. meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the vendor is capable of satisfactorily providing the necessary services.

STRATEGIC PRIORITIES
439

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

FINANCIAL IMPACT

The total cost of this Agreement, if extended to its maximum allowable term of five (5) years and two (2) months, shall not exceed $1,725,000. This includes a 10% contingency for price increases and expected minor on-call labor performed under this Agreement. Price increases and decreases are allowed under this agreement. Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over year. Any increase requested must be substantiated with supporting documentation such as documented increases in pricing, CPI increases, or other cost increases which directly apply to the services rendered under this contract. If substantial price decreases are observed, the City reserves the right to request a reduction. Any change in pricing must be requested in writing and must be agreed to by both City and Contractor prior to the changes taking effect. Prices may be adjusted per the language in the Agreement on an annual basis after the initial 14-month term. The estimated spending plan in Fiscal Year 2023-24 is $203,000 commencing November 9, 2023. Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be requested through the annual budget process. The Agreement will be funded in its entirety from the CFD-5 Professional Services account, 60503801-53200.

Division
FY 23-24
(8 months) FY 24-25 FY 25-26 FY 26-27 FY 27-28
FY 28-29
(6 months) Total
Special District $192,000 $ 295,000 $310,000 $325,000 $341,000 $176,000 $1,639,000 As Needed $11,0000 $ 15,000 $16,000 $17,000 $18,000 $9,000 $86,000 Total $203,000 $310,000 $326,000 $342,000 $359,000 $185,000 $1,725,000

For Finance Use Only: Maintenance Assessment District Fund (CFD #5 - Org. 60503801 Obj. 53200)

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Eric Storrie, Special Districts Manager, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 32400232 Riverpark Ballfield Agreement

2. RFP No. PW24-25 Garcia's

3. City of Oxnard Special Districts Map

4. City of Oxnard Special Districts List

5. City of Oxnard Maintenance Service Level Document

6. Presentation

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Agreement No. 32400232

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND GARCIA’S LANDSCAPING
MAINTENANCE, INC.

By This Landscape Maintenance & Service Agreement(“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Garcia’s Landscaping Maintenance, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES.

This Agreement is for landscape maintenance and services for the Riverpark Ballfields located at Rio Vista Middle School and Rio del Mar Elementary School. The Agreement includes general landscape maintenance and sports field maintenance work. Services provided will fluctuate depending upon the current month of the year.

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Garcia’s Landscaping Maintenance, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 2775 N. Ventura Rd., Suite 104, Oxnard, CA 93036

3. TERM OF AGREEMENT: From: November 9, 2023 To: December 31, 2024

3.1 Time is of the essence in this Agreement.

3.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions upon the expiration of the initial 14 month term, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.3 Any Optional Extension term shall not exceed a total of five (5) years and one (1) month. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 13 of this Agreement. SERVICE PROVIDER shall issue

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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 22 of this Agreement.

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

4. AGREEMENT AMOUNT NOT TO EXCEED: $1,725,000.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-D Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
Exhibit G: Citation Form
Exhibit H: Ballfield Services Maps

6. DESIGNATED REPRESENTATIVES.

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Anthony Miller Name: Tenley Garcia Hernandez
Title: Project Manager Title: Secretary
Phone: (805) 200-5334 Phone: (805) 479-0168
Email: [email protected] Email: [email protected] Mailing Address: 1060 Pacific Ave, Bldg. 3 Mailing Address: 2775 N. Ventura Rd, Oxnard, CA 93030 Suite 104, Oxnard, CA 93036

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7. CONTRACTUAL PREREQUISITES.

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

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

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,”: attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 14 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. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement and the monthly inspections in section 9.

9. MONTHLY INSPECTIONS.

The City shall perform bi-monthly site inspections with the Service Provider.

During the Inspections, the City will compile a list utilizing the City’s Maintenance Service Report System. The inspection report(s) will list landscape-related items that are within the Scope of Work, which should be performed before the next site inspection. The City’s Project Manager will schedule the monthly inspections and provide notice of the schedule to the Service Provider’s Project Manager. The Service Provider must notify the City no less than twenty-four (24) hours in advance, in writing, if there is a need to reschedule. All scheduled inspections will proceed with or without the attendance of the Service Provider.

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10. SERVICE PROVIDER’S PROSECUTION EXECUTION OF THE SCOPE OF WORK
In accordance with Section 8 and 9 of this agreement, Service Provider shall execute the work identified in the City’s monthly inspection reports within the time identified in the inspection report provided by the City to the Service Provider.

Furthermore, Service provider shall execute the work as identified in the Scope of Service (Exhibit A) documents in the time and manner as stated in the respective Exhibits. Failure to execute the required work under this contract shall subject the Service Provider to a $250.00 Citation per occurrence for failure to execute the work identified in the monthly inspection reports, and the Scope of Work documents. Service provider shall not be issued a citation for failure to execute work that is outside the scope of this agreement. The Citation Form is attached to this Agreement for reference as Exhibit H.

11. COMPENSATION.

CITY shall pay SERVICE PROVIDER 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 C.” 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 14 of this Agreement, and may be subject to approval by the City Council.

11.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.

11.2 Any request for price adjustment is subject to section 14. City is under no obligation to allow requested price adjustments.

12. PAYMENT & INVOICES.

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

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

12.1 Payment Request. SERVICE PROVIDER 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].

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

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

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

13. 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. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.

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14. MODIFICATION OF AGREEMENT.

15. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

16. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

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represent that it or any of its agents or employees are in any manner agents or employees of City.

17. LAWFUL PERFORMANCE.

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

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

18. SAFETY REQUIREMENTS.

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

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

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

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

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

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

19.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement.

If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

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

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

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20. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section

22. 22. NOTICES.

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

23. COVENANTS AND CONDITIONS.

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

24. WAIVER.

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

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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.

25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

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

25.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

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

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by and do not affect the provisions of this Agreement relating to Section 26. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

25.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

26. INSURANCE.

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

27. LIVING WAGE REQUIREMENTS.

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

The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

28. PREVAILING WAGE REQUIREMENTS.

28.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall

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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. Please see “Exhibit F” for further information regarding Prevailing Wage requirements.

28.2. 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

28.3. 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.

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

29. CONFLICT OF INTEREST
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest,
directly or indirectly,
which would conflict in any manner with the
performance of SERVICE PROVIDER’s services under this Agreement.

SERVICE
PROVIDER further covenants that in the performance of services under this Agreement, no
officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it.

In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing
and filing a Fair Political Practices
Commission Form 700, Statement of Economic Interests,
SERVICE PROVIDER shall
file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions
provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by
SERVICE PROVIDER may result in termination of this Agreement by the CITY.

30. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as “Exhibit G.”

31. DISPUTES.

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

32. 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.

33. AUDIT.

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been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

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

35. NONDISCRIMINATORY EMPLOYMENT.

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

36. FORCE MAJEURE.

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

37. 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.

38. SEVERABILITY.

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modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

39. INTEGRATED AGREEMENT.

40. 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.

41. AUTHORITY TO EXECUTE.

42. EXECUTION – COUNTERPARTS.

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

43. 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.

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44. ACKNOWLEDGEMENT.

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

CITY OF OXNARD GARCIA’S LANDSCAPING
MAINTENANCE, INC.
☐John C. Zaragoza, Mayor1 Date Pablo Garcia, President Date ☐Jennifer Yates,2
Purchasing Manager
Tenley Garcia Hernandez3 Date
Secretary
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000.

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

SCOPE OF SERVICES
Licensing and Professional Certification
Required:

SERVICE PROVIDER/CONTRACTOR must hold a State of California License Classification C-27 License and Maintenance Gardener Pest Control Business (MGB) License throughout the duration of this contract.

Contractor’s pesticide applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation throughout the duration of this contract.

SECTION 1000. SCHEDULING AND STAFF REQUIREMENTS
1000-1 STAFFING ON-SITE.

Contractor is expected to adjust and manage staffing as necessary to complete the tasks and frequency of tasks as outlined within this scope of work. Staffing needs will change during the course of the year due to changes in the sport seasons. Staffing changes shall be presented to the Project Manager at least two weeks in advance of any change. 1000-2 LIVE SCAN.

All staff required to perform any work on school grounds are required to be fingerprinted and “livescanned” prior to performing said work.
1000-3 SCHEDULING.

All work is to be performed outside of regular school hours while school is in session (typically 7 AM to 5:30 PM (for Rio Vista) and 4:30 PM (for Del Mar), August through April). Work may not be performed at any time there are students present on the ballfields. During the summer months while school is not in session, work may be performed between dawn and 10:00 PM. Work may also be performed during weekends and holidays. Saturday work is to be completed 30 minutes prior to sports league use.
1000-4 RAIN-OUT PROCEDURES.

Contractor is to monitor the condition of the fields year round, however, particular attention is to be paid to their condition during the baseball season from November through July. Contractor is expected to make every effort to avoid practice and game cancellations. Fields should be inspected at the first available opportunity after rain or significant irrigation failures. In the event of standing

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water on infields, Contractor is to apply and drag a drying agent such as Diamond Pro Game Saver or equal on the infields until dry. The City’s Project Manager or his or her representative shall make the final decision with Contractor input as to whether field conditions are suitable for use. 1000-5 USER GROUPS.

Contractor is expected to regularly work with user groups which will use the work areas throughout the year. Any questions that arise regarding Contractor’s Work and the user groups shall be directed to the City’s Project Manager or his or her representative for response and/or approval. User groups shall not direct the specific work of the Contractor without the specific approval of the Project Manager or his or her representative. Unauthorized groups are to be asked to leave the premises immediately.
1000-6 ENTRY AND INSPECTION.

If access is required to the site during school hours, any person who enters school grounds must first report to the appropriate school office.
1000-7 LANDSCAPE SERVICES SCHEDULE.

Timeframe Frequency Site Service(s) to be Performed
Agreement
Commencement 1x
Rio Vista
(RV) / Del
Mar (DM)
Perform a soil test within each infield (RV Only) and at three outfield sites.

Any time work is
performed RV/DM
Remove all trash and debris from turf areas and field
improvements such as backstops, stands, and dugouts.

Replace trash receptacle bags when full.

Year Round
1x Weekly RV/DM Mow all turf in accordance with school and league schedules.
1x Weekly RV/DM Control weeds in hardscape and along fence lines. 1x Monthly RV/DM Inspect lights sitewide for proper operation.

January through July
Tuesday
through
Saturday
RV/DM
Drag infields promptly before play starts and after play is completed for the day. Place bases immediately after fields are initially dragged. All infield material or
conditioner must be removed from turf immediately
after dragging.

Tuesday
through
Saturday
RV/DM Monitor turf and infield areas for holes, holes must be filled and level prior to league use.

Tuesday
through
Saturday
RV/DM
Alternate locks on gates on the backstop field gates
every Monday, to avoid turf damage from repeated
wear and tear.

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Tuesday
through
Saturday
RV/DM Open field gates for league use at 5:30 PM (unless no activity is scheduled for that day).

Tuesday
through
Saturday
RV/DM
Apply quickdry when necessary during rainy periods or
due to irrigation failures to accommodate usage as
quickly as possible after excessive moisture is
discovered.

Tuesday
through
Saturday
RV/DM Remove and store bases, close and lock all gates and shut off field lights no later than 9:30 PM.

Weekly RV/DM Adjust base anchors to proper height when necessary for baseball and softball usage.

Weekly RV/DM Program field lights with baseball and softball leagues.

Monthly RV/DM Roll infields with a vibratory roller.

January
1x RV/DM Fertilize all turf areas.
1x RV/DM Pressure wash concrete areas, picnic tables, bleachers, and basketball courts.

February
2x RV/DM
Apply pre-emergent/post-emergent herbicide to control
all undesirable grass types (such as Poa Annua) and
broadleaf within all turf areas.
1x RV Verticut infields.
1x RV/DM Verticut outfields.
1x RV/DM Overseed all turf.

March/April
(Rio School District
Spring Break -
approximately 9 days)
1x RV Aerify infield turf.
1x RV/DM Aerify outfield turf.
1x RV/DM Repair bare and damaged turf areas, overseed any worn areas.
1x RV Fertilize infield turf.
1x RV/DM Fertilize outfield turf.
1x RV/DM Raise to level any low areas across the entire field area. 1x RV Perform pitchers mound maintenance.
1x RV/DM Pressure wash concrete areas, picnic tables, bleachers, and basketball courts.

June and July
Tuesday
through
Saturday
RV/DM Adjust opening and closing schedules with leagues for tournament events.
1x RV/DM Fertilize all turf areas.
1x RV/DM Adjust irrigation controllers.

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July and August
(Beginning final week
of July)
1x RV/DM Level and add infield mix.
1x RV/DM Drag in infield conditioner.
1x RV/DM Verticut infield turf edges.
1x RV/DM Straighten infield turf edges.
1x RV Overseed all turf.
1x RV/DM Apply urea fertilizer to all turf.
1x DM Renovate/Repair any bare turf areas.
1x RV Perform pitchers mound maintenance.

Monthly RV/DM Roll infields with a vibratory roller.

September
1x RV/DM Apply broadleaf herbicide and pre-emergent herbicides.

Weekly RV/DM Inspect fields and repair turf damage and holes. 1x RV/DM Perform fall clean-up.
1x RV/DM Fertilize and check trees for necessary pruning.

October 1x RV/DM Apply follow-up herbicide treatments.

Weekly RV/DM Inspect fields and repair turf damage and holes.

November
Weekly RV/DM Inspect fields and repair turf damage and holes. 1x RV/DM Apply herbicide to control any remaining broadleaf, kikuyu, and poa remaining in turf if necessary.
1x RV/DM Apply preventative fungicide to hybrid bermuda turf areas.

December
1x RV/DM Perform infield prep procedures.
1x RV/DM Adjust irrigation controllers.
1x RV/DM Apply fine dark organic amendment to all turf.

SECTION 2000. MAINTENANCE SPECIFICATIONS
2000-1 TURF .
2000-1-1 MOWING AND EDGING
The Contractor shall mow and edge all turf grass areas. Outfield turf shall be mowed a maximum of once per week to a height of 2.5 inches. Infield turf shall be mowed a maximum of once per week to a height of .5” to .75”. All turf grass areas shall be edged along sidewalks, paved and hard surface areas as necessary to prevent overgrowth. All in ground boxes will be string-trimmed in a manner that is aesthetically pleasing and will minimize lip build-up.

Edging along baseball infields shall be done by chemical methods with straight edges maintained using the “string method.” All mowing shall be performed with a reel mower. Reels shall be properly maintained, fully functional, and sharp for all mowing operations. The Contractor shall pick up and dispose of all clippings after each mowing operation. Mowing shall be scheduled so that it does not remove freshly painted field lines.

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2000-1-2 SOIL AERIFICATION AND THATCH REMOVAL
Aerification shall be done with a power driven aerifier using a ½ inch coring tine. Cores must be removed from all turf areas. Once completed, infields shall be covered with a fine dark organic amendment for spring aerification and filled and leveled with #60 silver sand.

Contractor shall take extreme care to not damage irrigation and landscape improvements with equipment.

Dethatching shall be done on all outfield areas using a tractor mounted verticutter. Infield turf areas shall be dethatched with an appropriately sized tractor mounted verticutter (determined as equipment which can maneuver within infield areas without scoring, damaging, or otherwise disfiguring infield turf and dirt areas), or a walk-behind power verticutter. Verticutting depth shall be set at a maximum of 1”. 2000-1-3 SOIL AMENDMENT
Fine dark organic amendment shall be applied immediately after turf is aerified. 2000-1-4 PITCHING MOUND MAINTENANCE
Contractor is to perform maintenance renovation to pitcher’s mounds by stripping the top layer of infield mix and packing clay to be added anywhere the front slope and table top are low. To help keep the shape of the mound, the rest of the mound is to be scarified with a cultivator and fresh infield mix and conditioner is to be added and packed in with a vibrating plate until fit for play.
2000-2 FERTILIZATION.

The Contractor shall fertilize all turf grass in accordance with the recommended fertilization needs specified by the soil tests performed at the commencement of this Agreement. The only exception to this shall be the application of a slow release urea fertilizer applied at a rate of 1 LB/1,000 sf. during the July/August maintenance period. Fertilizer shall be of a granular type and shall be delivered to the site in the original unopened container, bearing the manufacturer’s guarantee analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, shall not be accepted.

Immediately following application at each site, Contractor shall thoroughly water the fertilizer into the soil.

The Project Manager or his or her representative shall be notified with a written schedule one (1) week prior to the date of the application by the Contractor. Such notification will be subject to approval by the Project Manager or his or her representative. A City representative may be present during fertilization. Dispersible granular formulations shall be used on all turf to help incorporate the fertilizer into the turf and prevent/reduce the visibility of the fertilizer pellets. Any deviation from the schedule requires the written pre-approval of the Project Manager or his or her representative.

All fertilization products must be pre-approved by the Project Manager or his or her representative prior to fertilizing.
2000-3 PESTICIDE APPLICATION.

The Contractor shall control and eliminate all weeds, insects, rodents, diseases and any other pests affecting all plant material. The Contractor’s applicator shall hold a valid Qualified Applicator

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Certificate issued by the California Department of Pesticide Regulation. Any quarterly pesticides used must be on the California Department of Pesticide Regulation’s approved chemical list. All pesticide use reports shall be submitted to the Ventura County Agriculture Commissioner and a copy shall be forwarded to the Project Manager. Recommendations need to be procured before application of materials. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Ventura County Agriculture Commissioner. In addition, all pesticides used must have the written approval of the Project Manager or his or her representative before application.

The Contractor shall notify the Project Manager or his or her representative a minimum of one (1) week prior to application of pesticides. For follow-up pesticide applications, the Contractor is to provide a second service date upon completion of the initial application and post notices accordingly. The fading colorant solution “Mark-It Blue”, or equal, shall be used in conjunction with all hardscape pesticide applications.

Upon completion of application, the Contractor shall submit to the Project Manager or his or her representative a copy of all pesticide use reports within 24 hours.

Contractor shall provide the name and license number of personnel spraying the chemicals a minimum of one (1) week prior to the application of pesticides. Contractor to ensure proper signage is installed prior to pesticide application per City, County and Federal standards.

The current
standard to be followed is; all areas to be treated are to be posted with signs no smaller than an 8 ½” x 11” sheet of paper no more than 50 feet apart, one week to two days prior to treatment. Signs will be Contractor provided at Contractor’s expense and include a map of the area treated, the label of the chemical applied, and a warning to avoid the area for a time no less than what is recommended on the label.
2000-4 IRRIGATION.

The Contractor shall maintain all irrigation systems as required to maintain proper plant growth in all areas. This shall include manual watering by use of hose bibs and quick couplers in addition to, in conjunction with, or in the absence of automatic irrigation systems. Watering shall be accomplished at times of the day or night to ensure the health of all plants and so that the inconvenience to people using the area will be kept at a minimum. Automatic irrigation shall normally take place at night or early morning hours. Any water runoff or overflow onto roadway, sidewalk and hard surface areas shall be kept at an absolute minimum so as not to cause any pedestrian and/or vehicular liabilities. The City reserves the right to require the Contractor to change the watering schedule as necessary.
2000-4-1 IRRIGATION MAINTENANCE EXPECTATIONS
The Contractor shall maintain and/or replace all broken irrigation components and appurtenances including valve box covers. Replacement of irrigation labor costs to be included in this Proposal. Materials and supplies for the replacement of irrigation may be provided by Contractor at-cost if pre-approved by the Project Manager or his or her representative. Each such system must include: backflow prevention devices, electrical and battery-operated irrigation controllers, remote control valves, all valve boxes, gate valves, quick coupling valves, quick coupler boxes, valve box covers, all utility covers, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, vandal-proof enclosures and any other irrigation related items. Replacement of any irrigation items shall be with the same manufacturer and in accordance with the manufacturer’s installation recommendations, unless otherwise pre-approved by the Project Manager or his

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or her representative. All other irrigation replacement shall be subject to approval by the Project Manager or his or her representative.

Contractor shall maintain all irrigation equipment in good working condition such that it shall function properly at all times. Contractor shall inspect irrigation systems on designated service days. All routine maintenance labor shall be provided at the Contractor’s expense as a component of the landscape services as a component of the landscape services. All parts shall be provided by the City unless otherwise approved by the Project Manager. Routine maintenance shall include:
● Sprinkler coverage tests
● Ensuring proper sprinkler height and coverage in accordance with system specification
● Adjustment and programming of irrigation controllers
● Replacement of broken lateral lines, valves, and sprinkler bodies ● Adjustment and necessary replacement of all types of nozzles, sprayers, quick couplers, and drip systems
● Cleaning and adjustment of all sprinkler heads
● Replacement of irrigation system boxes and lids
● Ensuring proper wiring of controllers and performance of irrigation programs Maintenance considered non-routine shall include:
● Replacement of broken/leaking main lines
● Replacement of equipment which requires closing the “Point of Connection” such as
replacement of main line ball valves, gate valves, in-line filtration systems, and backflow devices.
2000-4-2 SCHEDULING
Irrigation shall be adjusted throughout the year as necessary. Infield irrigation during baseball and softball seasons (December to July) shall be set to occur daily after games.

Infields shall be flooded on Sundays. Irrigation schedules shall be coordinated with the schedules currently in effect with Rio School District usage to avoid overlapping schedules.

Soccer season (August to November) irrigation schedules are to be adjusted to ensure a properly playable surface.
2000-4-3 EQUIPMENT
Contractor will be required to use iCentral, Rainbird, or similar product if irrigation systems are centrally controlled for the control and monitoring of all irrigation systems.

Once the City notifies Contractor of any irrigation related issues, Contractor must respond in writing within the next business day with a proposed resolution. 2000-5 TURF WEED CONTROL/HERBICIDE APPLICATION.

Contractor shall keep all turf grass areas weed free, free of undesirable grass species, and treated for broadleaf weed control. Herbicides may be applied with a backpack sprayer, vehicle mounted spray rig, or tow-behind spray rig. All applications shall be done in a manner consistent with the pesticide

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label, the California School & Child Care Integrated Pest Management program, and all State and Federal Guidelines. Tanks used to apply pesticide shall be clean and free of any previously applied chemicals. Water quality may be required to be tested in order to ensure the proper function of applied herbicides. If water quality is suspected of limiting herbicide effectiveness, Project Manager may require Contractor to test water quality and if necessary, require Contractor address issues prior to application. This may include but is not limited to adjusting pH, filtering suspended solids, or adding adjuvants.

Contractor shall ensure that all curbs and gutters, paved walkways, stamped concrete, and joints adjacent to landscaped areas, fence lines, light standard bases, buildings and structures are free of all weeds. Herbicides may be used for weed control upon prior approval by the Project Manager or his or her representative.

The Contractor’s applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation. Any quarterly applications must be on the California Department of Pesticide Regulation’s approved chemical list. All application reports shall be submitted to the Ventura County Agriculture Commissioner and a copy shall be forwarded to the Project Manager. Recommendations need to be procured before application of materials. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Ventura County Agriculture Commissioner. In addition, all herbicides used must have the written approval of the Project Manager or his or her representative before application.

The Contractor shall notify the Project Manager or his or her representative a minimum of one (1) week prior to application. For follow-up applications, the Contractor is to provide a second service date upon completion of the initial application. The fading colorant solution “Mark-It Blue”, or equal, shall be used in conjunction with all hardscape applications.

Upon completion of application,
the Contractor shall submit to the Project Manager or his or her representative a copy of all application reports within 24 hours. Contractor shall provide the name and license number of personnel spraying the chemicals a minimum of one (1) week prior to the application of the herbicide. Contractor to ensure proper signage is installed prior to any application per City, County and Federal standards. The current standard to be followed is; all areas to be treated are to be posted with signs no smaller than an 8 ½” x 11” sheet of paper no more than 50 feet apart, one week to two days prior to treatment. Signs will be Contractor provided at Contractor expense and include a map of the area treated, the label of the chemical applied, and a warning to avoid the area for a time no less than what is recommended on the label. Signs are to be promptly removed after herbicide is sufficiently dried.
2000-6 TURF OVERSEEDING.

The Contractor shall overseed all Rio Vista turf areas two times per year and Del Mar turf areas once per year. Limited turf repairs may take place at any time during the year and are not to be held to this specification.
2000-6-1 SEEDING
The seeding operation shall consist of a three step process; seedbed preparation, seeding, and applying the fertilizer. The entire seeding operation shall be accomplished within 48 hours.

2000-6-2 SEEDBED PREPARATION

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The areas to be seeded shall be reasonably smooth and shall conform to the original contours or new contours as shown on the plans before actual seedbed preparation begins. Any debris, including rocks and roots which would interfere with seeding, growth, or maintenance of the vegetation, shall be removed. The surface areas to be seeded, including fill slopes, shall be compacted by first bringing the soil to optimum moisture by drying or adding water, and track walking or rolling firm. The areas shall then be roughened by scarifying, discing, burrowing, or otherwise worked to a depth of 2" to 4". Scarifying operations shall be cross slope, where possible. Cut slopes shall be dressed to neat lines and all loose material raked to the toe and removed.

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

SCHEDULE OF COMPENSATION

Cost per Month in Accordance with Scope
Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 Additional/Irregular Services
Service Item Cost per
Service
Soil Testing
Soil Test per Site $45
Reports
Tree and Plant Health Inspection Report$125
General Inspection Report $125
Irrigation Report $125
Supplemental Labor(Hourly Rate)
Laborer $47
Irrigation Tech $50
Crew Lead $55

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Agreement No. 32400232

EXHIBIT C

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

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

Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001).

If a general aggregate limit is
used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually.

The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

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0. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager.

The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

0. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor.

The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

0. 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.

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

0. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/23

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

Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance.

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

INS-D.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 HA VE 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 HA VE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF

INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE

DATE (MM/DD/YY)
POLICY

EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

EXPENSE (Any one person) $

A AUTOMOBILE

LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

UMBRELLA FORM

OTHER THAN

UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEA VOR 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.:

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/PERMITSTYPE OF INSURANCE

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

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

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

CLAIMS:

Name:
( )
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:

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or a. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ 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. 1/23 INS-D.doc

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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 pertainsto
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:
( )
$
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:

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or a. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ 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. 1/23 INS-D.doc

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EXHIBIT D

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, 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 trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately. c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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EXHIBIT E

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.)

PREVAILING WAGE

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

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

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

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Agreement No. 32400232
SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

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

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

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

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

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AGREEMENT FOR PROFESSIONAL SERVICES (V01/29/15)
IR

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

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

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

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

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

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

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________

EXHIBIT F

LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Garcia’s Landscaping Maintenance, Inc.) Agreement No. 32400232

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RIVERPARK BALLFIELD MAINTENANCE CITATION FORM
Maintenance Item Date Comments Citaon Issued
(Y/N) # of Occurences Citaon Amount Total
Inﬁeld Lip and Border Maintenance x $250.00 =
Inﬁeld Dragging, Painng, Chalking x $250.00 =
Ferlizaon x $250.00 =
Aeraon and Topdressing Inﬁelds x $250.00 =
Pitcher Mound & Base Maintenance x $250.00 =
Rain-out Procedures x $250.00 =
General Inﬁeld Maintenance x $250.00 =
Topdressing Ouields x $250.00 =
Ouield Maintenance & Hole Repair x $250.00 =
Ferlizaon x $250.00 =
General Ouield Maintenance x $250.00 =
Opening and Closing Fields x $250.00 =
Program Lighng x $250.00 =
Pressure Washing x $250.00 =
General Hardscape Maintenance x $250.00 =
Tree Maintenance x $250.00 =
Irrigaon Maintenance x $250.00 =
Landscape Maintenance/Replacement x $250.00 =
Pescide/Herbicide Applicaons x $250.00 =
Lier and Debris Control x $250.00 =
City Of Oxnard: Date:

Inﬁeld Maintenance
Ouield Maintenance
Hardscape Maintenance
Site-Wide Maintenance
Citations are issued in the event that services are not provided to an acceptable standard or for failure to perform the work in accordance with agreement section 10.

Comments:

Agreement No. 32400232

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School
Maintained
Riverpark Ball Field Maintenance Map
Agreement No. 32400232

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Riverpark Ball Field Maintenance Map

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City of Oxnard Solicitation #PW24-25
Purchasing Division Bid Close Date: 9/20/2023 at or before 2:00 pm PST

1 | Page
Rev Date: 08 19 19

ATTACHMENT A

COMPENSATION SCHEDULE

The above-named bidder having examined the proposed Contract Documents and having visited the sites and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, supplies and equipment, and to perform operations necessary to complete the work as required by proposed Contract Documents.

Costs are to be per service frequency as determined in accordance with the information provided
Cost per Month in Accordance with Scope
Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878 $23,878

Additional/Irregular Services

Service Item Cost per Service
Soil Testing
Soil Test per Site $45
Reports
Tree and Plant Health
Inspection Report $125
General Inspection
Report $125
Irrigation Report $125
Supplemental
Labor (Hourly Rate)
Laborer $47
Irrigation Tech $50
Crew Lead $55

TOTAL $572.00

484
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
485
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
486
ABCD F
Weekly X
Every 2 Weeks X
Every Third Wee
k X
Monthly X
Quarterly X
3x per Year X
Annually XXX
Not Performed X
Annuall
y XXX
Not performed X X
Bi‐Annually X
Annually XX
Not Performed X X
ABCD F
Quarterly X
Bi‐annually X
Annually XX
None X
Monthly X
Quarterly X
Bi‐annually X
Annually X
None X
ABCD F
Daily X
Weekly XXX
Monthly
Not Performed X
ABCD F
Daily X
Weekly X
Every two weeks X
Monthly X
When reported X
ABCD F
Spray and Treat as required X X X X
Not performed X
ABCD F
Daily X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
Inspect and remove as needed
Level of Service
Frequency Level of Service
Entire Area including but not limited to: Turf, Shrubs, Groundcover and Gutters Level of ServiceFrequencyTurf Maintenance Schedule
Mowing, Edging & Trimming around sprinkler heads
Turf
Shrubs, Ground Cover and Vines
Aerate to relieve compaction and stress
Overseed Stressed Areas
Trash and Debris Removal
Dethatch (remove thatch layer to promote growth)
Complete control and/or eradication of all weeds within the landscape as scheduled Weed Control Schedule Frequency Level of Service
Level of ServiceFertilization Schedule Frequency
Graffiti Frequency
Pest Control Schedule Frequency Level of Service
Complete control and/or eradication of all plant pests within the landscape on designated service days
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
487
ABCD F
Daily X
Every two weeks X
Every Third week X
Quarterly X
Respond to complaints X
ABCD F
Weekly X
Monthly X X
Quarterly X
Semi‐annually X
X
X
XX
X
Inspect and adjust/repair as needed
Frequency Level of Service
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
Trees
Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks monthly Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks quarterly Trim as needed to prevent encroachments or hazards
Report encroachments or hazards
Groundcover/
Vines/Shrubs Trim to prevent encroachment
Irrigation Frequency Level of Service
Pruning and Trimming Schedule
488
Agreement 32400232 with Garcia’s
Landscaping Maintenance Inc. for
Landscape Maintenance Services for the
Riverpark Ballfields within Community
Facilities District No. 5.

Public Works & Transportation Committee, October 24, 2023 City Council, November 7, 2023
Anthony Miller
Special Districts Project Manager
489
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. for landscape maintenance services for the Riverpark Ballfields within Community Facilities District No. 5 in the amount not to exceed $1,725,000, for the entire
five-year and two month term of the Agreement ending
December 31, 2028.

RECOMMENDATION
2 490
That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping
Maintenance, Inc. for landscape maintenance services for the Riverpark Ballfields within Community Facilities District No. 5 in the amount not to exceed $1,725,000, for the entire
five-year and two month term of the Agreement ending
December 31, 2028.

RECOMMENDATION
3 491
4 MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD
More information
can be found at:
oxnard.org/city-dep
artment/finance/spe
cial-assessment-dis
tricts/
492
• The Special Districts Division of the Public Works
Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts,
including Community Facilities District No. 5 (“CFD-5” or “Riverpark”).
• Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways,
medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains.

BACKGROUND
5 493
• Properties within each District are assessed in an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within
their District.
• Special Districts staff manage the landscape maintenance agreements for all of the City’s special districts.
• Since 2019, Garcia’s Landscape Maintenance Inc. has
provided the landscape maintenance services to CFD-5,
including the Rio Vista Middle School and Del Mar
Elementary School ballfields (“Riverpark Ballfields”)
located within Riverpark.

BACKGROUND
6 494
• CFD 5 was established in 2005 with the approval of the property owners to pay for the cost and expense of
providing the public services within the Riverpark
development, which includes, but is not limited to the
following (per Formation Documents):
• Maintenance of parks, parkways, and open space.
• Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities.
• Flood and storm protection services.
• Costs incurred in establishing the district and creating the levy of the special tax, financial adviser fees and expenses, appraisal and price point study costs, maintenance reserves, and district counsel fees and expenses.

DISCUSSION
7 495
• Ongoing administrative fees of the district, the City and any trustee, fiscal agent or financial administrator related to the district. • Reimbursement of costs related to the formation of the district advanced by the City, any landowner in the district, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, any landowner in the district or any party related to any of the foregoing, for services, fees or other purposes or costs of the district.
• Police protection services.
• Local park, recreation, parkway, and open-space facilities. • CFD-5 is the largest special financing district that the Special Districts Division manages. CFD 5 consists of 702 acres and is directly managed by a Project Manager and
two (2) Landscape Maintenance Inspectors.

DISCUSSION
8 496
• This Landscape Maintenance Agreement will provide
specific services necessary for the maintenance of the
sports facilities including general services such as trash pickup, mowing, weeding, maintenance of all plant material and ground cover, application of fertilizer, pesticides and herbicides, and removal of graffiti.
• Services performed under this Agreement will not include any maintenance of areas outside of the Rio Vista and Rio Del Mar school grounds and will follow the specific
schedule that is identified within the Agreement.

DISCUSSION
9 497
• The landscape contractor is to furnish all labor, materials, supplies, and equipment to complete the work as required by this Agreement.
• This Agreement for the Riverpark Ballfields is separate from the CFD-5 community landscapes and parks
maintenance agreement due to requests from the
residents for more transparency regarding the provision of services and the different requirements for the sports field maintenance.

DISCUSSION
10 498
• While CFD-5 is serviced at service level A, the Riverpark Ballfields are serviced in accordance with a monthly
schedule of services that specify the tasks that are
performed to provide quality sports field conditions.
• To reduce the overall costs to the community, efforts were made to reduce the frequency of certain services from
previous years, in addition to other tasks that were
removed entirely from the scope of services. Specific care was taken to maintain the necessary tasks within the
scope of services to uphold the high standard of quality.

DISCUSSION
11 499
• In order to maintain the selected levels of service and ensure quality performance by the contractor, Special
Districts staff will meet with the contractor on a monthly basis to review their performance.
• Any failures to provide services that are not addressed in a timely and professional manner, will result in a penalty for each occurance against the contractor's monthly invoice.

• The Purchasing Department released a Request for Bid
(RFB) PW24-25 for Landscape Maintenance - Riverpark
Ballfields on August 29, 2023, with a bid due date of
September 20, 2023.

DISCUSSION
12 500
• The RFB PW24-25 received a total of three (3) bids from the following contractors: Garcia’s Landscaping
Maintenance Inc, SGD Enterprises dBa Four Seasons
Landscaping, and Mariposa Landscapes Inc.
• Each bid was evaluated based on the total cost of service for one calendar year with “Additional/Irregular Services” prices included as a one time expense. These prices were compiled into a total bid price, which was then used to determine the lowest bidder.

DISCUSSION
13 501
• Bids totals received are as follows:
• Garcia’s Landscape Maintenance Inc. $287,108.00
• SGD dba Four Seasons Landscaping $298,503.33
• Mariposa Landscapes Inc. $565,393.00
• Staff has confirmed that Garcia’s Landscaping
Maintenance Inc. meets all required City contractual
provisions including possession of a City business tax
certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the vendor is capable of satisfactorily providing the necessary services.

DISCUSSION
14 502
• The total cost of this Agreement, if extended to its
maximum allowable term of 5 years and 2 months, shall
not exceed $1,725,000.
• This includes a 10% contingency for price increases and expected minor on-call labor performed under this
Agreement. Price increases and decreases are allowed
under this agreement. Any change in pricing must be
requested in writing and must be agreed to by both City and Contractor prior to the changes taking effect.

Increases are limited to a maximum of 3% more than the
prior year and if substantial price decreases are observed, the City reserves the right to request a reduction.

FINANCIAL IMPACT
15 503
• Prices may be adjusted per the language in the Agreement on an annual basis after the initial 14-month term.
• The estimated spending plan in Fiscal Year 2023-24 is $203,000 commencing November 9, 2023.
• Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be
requested through the annual budget process. The
Agreement will be funded in its entirety from the CFD-5 Professional Services account, 60503801-53200.

FINANCIAL IMPACT
16 504
17This is the footer.
505

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.6

DATE: November 7, 2023

TO: City Council

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

SUBJECT: Agreement 32400239 with SGD Enterprises dba Four Seasons Landscaping for Landscape Maintenance Services within Community Facilities District No. 5. (15 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute the Agreement with SGD Enterprises dba Four Seasons Landscaping for landscape maintenance services within Community Facilities District No. 5 in the amount not to exceed $6,545,000.00 for the maximum five year and two month term of the Agreement, with the initial agreement term of fourteen months, ending December 31, 2024, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on December 31, 2028.

(Public Works and Transportation Committee approved 3-0)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/d36RaaYOZis

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including Community Facilities District No. 5 (“CFD-5” or “Riverpark”). Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed in an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within their District. Since 2019, Garcia’s Landscape Maintenance Inc. has provided the landscape maintenance services for CFD-5.

DISCUSSION

Riverpark was established in 2005 with the approval of the property owners to pay for the cost and expense of providing the public services within the Riverpark development, which includes, but is not limited to the following (per Formation Documents):
• Maintenance of parks, parkways, and open space.
• Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities. • Flood and storm protection services.
• Costs incurred in establishing the district and creating the levy of the special tax, financial adviser fees and expenses, appraisal and price point study costs, maintenance reserves, and district counsel fees and expenses. • Ongoing administrative fees of the district, the City and any trustee, fiscal agent or financial administrator related to the district.
506
• Reimbursement of costs related to the formation of the district advanced by the City, any landowner in the district, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, any landowner in the district or any party related to any of the foregoing, for services, fees or other purposes or costs of the district.
• Police protection services.
• Local park, recreation, parkway, and open-space facilities.

CFD-5 is the largest CFD the Division manages at 702 acres and is directly managed by a Project Manager and two (2) Landscape Maintenance Inspectors, who perform direct maintenance and monitor various contractors. This Landscape Maintenance Agreement will provide services at the frequency and service level that is specified in the Agreement. The services include trash pickup, mowing, weeding, maintenance of all plant material and ground cover, application of fertilizer, pesticides, and herbicides, removal of graffiti, and servicing park improvements. The ballfields that are located at Rio Vista Middle School and Rio Del Mar Elementary are part of CFD-5 but they are maintained under a separate agreement.

The landscape contractor is to furnish all labor, materials, supplies, and equipment to complete the work as required by this Agreement. Currently, CFD-5 is maintained at Service Level “A” and is expected to remain at this level unless there are funding restrictions or community requests to change the level of service. In order to maintain the selected levels of service and ensure quality performance by the contractor, Special Districts staff will meet with the contractor on a monthly basis to review their performance. Any failures to provide services that are not addressed in a timely and professional manner, will result in a penalty for each occurrence against the contractor's monthly invoice.

The Purchasing Department released a Request for Bid (RFB) PW24-23 for Landscape Maintenance - Community Facility District (CFD) 5 Riverpark on August 29, 2023, with a bid due date of September 20, 2023. The RFB received a total of three (3) bids from the following contractors: SGD Enterprises dba Four Seasons Landscaping, Mariposa Landscapes Inc., and Garcia’s Landscaping Maintenance Inc. Each bid was evaluated based on the total cost of service for all service levels (aggregate) on an annual basis. The “As Needed/As Required” and the “Additional/Irregular Services'' prices were included as a one-time expense. These prices were compiled into a total bid price, which was then used to determine the lowest bidder. Therefore, the actual annual cost of the lowest bid will be less than the aggregate total. The aggregate bids totals received are as follows:

Vendor Total Bid Price (Aggregate)
SGD Enterprises dba Four Seasons Landscaping $2,979,001.63 Mariposa Landscapes Inc. $4,207,717.59
Garcia’s Landscape Maintenance Inc. $6,841,408.00

The bids were reviewed by the Purchasing Department (Purchasing Manager) and Special Districts Division (Special Districts Manager, Project Manager - Administration) and Public Works Administration (Administrative Services Analyst, Senior). After initial review, staff identified challenges in comparing the bids and the three (3) companies were issued a Request for Clarification (“RFC”) and an updated rate sheet to utilize with a due date of September 26, 2023. After receiving the RFCs, additional review was conducted with a determination of SGD Enterprises dba Four Seasons Landscaping to be the lowest, responsive bidder pursuant to the process outlined in the Oxnard Municipal Code.

Staff has confirmed that SGD Enterprises dba Four Seasons Landscaping meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily providing the necessary services.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost of this Agreement, if extended to its maximum allowable term of five (5) years and two (2) months, shall not exceed $6,545,000.00. Price increases and decreases are allowed under this agreement. Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over year. Any increase requested must be substantiated with supporting documentation such as documented increases in pricing, CPI increases, or other cost increases which directly apply to the services rendered under this contract. If substantial price decreases are observed, the City reserves the right to request a reduction. Any change in pricing must be requested in writing and must be agreed to by both City and Contractor prior to the changes taking effect. Prices may be adjusted per the language in the Agreement on an annual basis after the initial fourteen (14) month term. The estimated spending plan for Fiscal Year 2023-24 is $770,000.00 commencing November 9, 2023. Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be requested through the annual budget process. This Agreement will be funded in its entirety from the CFD-5 Professional Services account, 60503801-53200.

Services FY 23-24
(8 months) FY 24-25 FY 25-26 FY 26-27 FY 27-28
FY 28-29
(6 months) Total
Landscape Services $570,000 $875,000 $920,000 $963,000 $1,010,000 $525,000 $4,863,000 Irregular Services $170,000 $260,000 $270,000 $280,000 $295,000 $155,000 $1,430,000 Contingency $30,000 $45,000 $47,000 $50,000 $53,000 $27,000 $252,000 Total $770,000 $1,180,000 $1,237,000 $1,293,000 $1,358,000 $707,000 $6,545,000

For Finance Use Only: Maintenance Assessment District Fund (CFD #5 - Org. 60503801 Obj. 53200)

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 24, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Eric Storrie, Special Districts Manager, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 32400239 Riverpark

2. SGD Bid Rate Sheet PW24-23

3. City of Oxnard Special Districts Map

4. City of Oxnard Special Districts List

5. City of Oxnard Maintenance Service Level Document

6. Presentation

508
LA

NDSCAPE MAINTENANCE & SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND SGD ENTERPRISES DBA FOUR

SEASONS LANDSCAPING
By This Landscape Maintenance & Service Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of SGD Enterprises DBA Four Seasons Landscaping (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES.

This Agreement is for landscape maintenance and services for the Riverpark Community Facilities District (“CFD”). The Agreement includes general landscape maintenance services. Service levels may fluctuate from year to year depending on the CFD’s property assessment and maintenance needs as may be determined by its members at a predetermined service level attached to this agreement.

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 SGD Enterprises DBA Four Seasons Landscaping (“SERVICE PROVIDER”), a corporation/LLC/LLP of the State of California, located at 14937 Delano St., Van Nuys, CA 91411

3. TERM OF AGREEMENT: From: November 9, 2023 To: December 31, 2024

3.1 Time is of the essence in this Agreement.

3.3 Any Optional Extension term shall not exceed a total of five (5) years and one (1) month. The CITY in its sole discretion may exercise the optional Agreement 32400239

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Agreement 32400239

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509
extension
upon 60 days written notice to the SERVICE PROVIDER in
accordance with Section 13 of this Agreement. SERVICE PROVIDER 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 22 of this Agreement.

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

4. AGREEMENT AMOUNT NOT TO EXCEED: $6,545,000.00.

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

Exhibit A:

Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:

Exhibit F:

Exhibit G:

Exhibit H:

Exhibit I:

Scope of Services
Services Level
Schedule of Compensation
Insurance Requirements: City Insurance Exhibit INS-D
Living Wage Policy
Prevailing Wage Policy
Iran Contracting Certification
Citation Form

6. DESIGNATED REPRESENTATIVES.

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Anthony Miller Name: Ethan Darrison
Title: Project Manager Title: Vice President
Phone: (805) 200-5334 Phone: 323-658-1047
Email: [email protected] Email: [email protected] Mailing Address: 1060 Pacific Ave, Mailing Address: 14937 Delano St.

Bldg. #1, Oxnard, CA 93030 Van Nuys, CA 91411
Service Area Location Maps
Agreement 32400239

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510

7. CONTRACTUAL PREREQUISITES.

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

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

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” and “Service Level: attached to and incorporated into this Agreement as “Exhibit A and B.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 14 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. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement and the monthly inspections in section 9.

9. MONTHLY INSPECTIONS .

The City shall perform bi-monthly site inspections with the Service Provider.

Agreement 32400239

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511

10. SERVICE PROVIDER’S PROSECUTION EXECUTION OF THE SCOPE OF WORK

In accordance with Section 8 and 9 of this agreement, Service Provider shall execute the work identified in the City’s monthly inspection reports within the time identified in the inspection report provided by the City to the Service Provider.

Furthermore, Service provider shall execute the work as identified in the Scope of Service (Exhibit A) and the Service Level (Exhibit B) documents in the time and manner as stated in the respective Exhibits. Failure to execute the required work under this contract shall subject the Service Provider to a $250.00 Citation per occurrence for failure to execute the work identified in the monthly inspection reports, and the Scope of Work and Service level documents. Service provider shall not be issued a citation for failure to execute work that is outside the scope of this agreement. The Citation Form is attached to this Agreement for reference as Exhibit H.

11. COMPENSATION.

CITY shall pay SERVICE PROVIDER 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 C.” 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 14 of this Agreement, and may be subject to approval by the City Council.

11.2 Any request for price adjustment is subject to section 14. City is under no obligation to allow requested price adjustments.

Agreement 32400239

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512

12. PAYMENT & INVOICES.

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

12.1 Payment Request. SERVICE PROVIDER 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].

13. 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 Agreement 32400239

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513

the Agreement. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.

14. MODIFICATION OF AGREEMENT.

15. TERMINATION OF AGREEMENT.

16. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

Page 6 of 118 ends

514

insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

17. LAWFUL PERFORMANCE.

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

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

18. SAFETY REQUIREMENTS.

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

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

Agreement 32400239

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515

19.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services. SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

19.7. 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 Agreement 32400239

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516

errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

20. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section

22. 22. NOTICES.

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

23. COVENANTS AND CONDITIONS.

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

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24. WAIVER.

25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

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26. INSURANCE.

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

27. LIVING WAGE REQUIREMENTS .

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees Agreement 32400239

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engaged in whole or in part in performing the services provided for by this Agreement.

The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

28. PREVAILING WAGE REQUIREMENTS.

28.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. Please see “Exhibit F” for further information regarding Prevailing Wage requirements.

28.2. 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

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

29. CONFLICT OF INTEREST

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

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30. IRAN CONTRACTING ACT

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

31. DISPUTES.

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

32. DISPUTE RESOLUTION.

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33. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

34. ADVERTISING AND PUBLICITY

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

35. NONDISCRIMINATORY EMPLOYMENT.

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

36. FORCE MAJEURE.

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

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37. 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.

38. SEVERABILITY.

39. INTEGRATED AGREEMENT.

40. 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.

41. AUTHORITY TO EXECUTE.

42. EXECUTION – COUNTERPARTS.

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

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43. INCONSISTENT OR CONFLICTING TERMS.

44. ACKNOWLEDGEMENT.

[Signatures on next page]

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

CITY OF OXNARD SGD Enterprises DBA
Four Seasons Landscaping

☐John C. Zaragoza, Mayor1 Date Steve Darrison, President Date ☐Jennifer Yates, 2
Purchasing Manager

Ethan Darrison, Date
Vice President 3
ATTEST:

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

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)

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

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and SGD Enterprises DBA Four Seasons Landscaping)

SCOPE OF SERVICES
Licensing and Professional Certification
Required:

SERVI
CE PROVIDER/CONTRACTOR must hold a State of California License Classification C-27 License and Maintenance Gardener Pest Control Business (MGB) License throughout the duration of this contract.

Contractor’s pesticide applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation throughout the duration of this contract.

General Specifications
The level of service for the CFD may change at the beginning of its fiscal year based upon the level of service requested by the members of the CFD. The level of service document is included in Exhibit B to this Agreement. Maps of specific District areas and features relevant to this scope of work are included as Exhibit C to this Agreement. Quantities of assets (such as trash cans, bbqs, mutt mitt stations, etc.) may not be exact. The Riverpark Basin Maintenance SOP referenced within this scope of work is included as Exhibit D to this Agreement.

SECTION 1000. TURF MAINTENANCE
1000-1 MOWING AND EDGING OF TURF AREAS.

The Contractor shall mow and edge all turf grass areas. Generally, these areas shall be mowed to maintain a height of no less than one (1) inch and no more than two (2) inches; however, site- specific mowing height shall be designated by Project Manager or his or her representative. Mowing frequency shall occur according to the Service Level listed in the City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Maintenance Assessment Districts Chart available at the end of these Special Provisions (“Chart”) for that particular district; for example, in a district with Service Level B, Contractor shall mow once every two (2) weeks. All turf grass areas shall be edged along sidewalks, paved and hard surface areas as necessary to prevent overgrowth. All in ground boxes will be string-trimmed in a manner that is esthetically pleasing and will minimize lip build-up. Edging shall not be done by chemical methods, unless an approved growth retardant is authorized by the Project Manager or his or her representative. The Contractor shall pick up and dispose of all clippings after each mowing operation, or a mulching deck may be utilized upon approval by Project Manager or his or her representative.

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1000-2 SOIL AERIFICATION AND THATCH REMOVAL.

The Contractor shall perform soil aerification for all turf grass areas according to the Service Level listed in the Chart for that particular district. For Service Level A, soil aerification shall be completed in October, March and June. For Service Level B and C, soil aerification shall be completed in March. Aerification shall be done with a power driven aerifier using ½ inch coring tine. The schedule must be pre-approved by the Project Manager or his or her representative.

Additionally, Contractor shall notify Project Manager or his or her representative with a written schedule one (1) week prior to the date of aerification commencement. Contractor shall take extreme care to not damage irrigation and landscape improvements with equipment.

The Contractor shall remove thatch build up in the sod layer according to the Service Level listed in the Chart for that particular district; for example, in a district with Service Level A, Contractor must dethatch annually. Dethatching shall be completed in November. The schedule must be pre- approved by the Project Manager or his or her representative. Thatch removal shall be performed with a power-driver verticutting machine. All grass clippings associated with this process shall be removed from the site and disposed of at the Contractor’s expense. The thatch removal shall precede the aerification process. The verticutting shall be performed on all turf areas.

1000-3 SOIL TESTING.

The Contractor shall perform or cause to be performed on an annual basis up to ten (10) soil tests at locations determined in cooperation with the Project Manager with sites clearly marked so as not to confuse results. Results are to be compiled and provided to the Project Manager in a report suitable for filing. Soil tests shall include but not be limited to measurements/values for the following items and a fertilizer recommendation:

Soil class: Each soil sample is classified according to humic matter content. The classes are:

MIN: Mineral soil. Low percentage of humic matter.

M-O: Mineral-organic soil. Medium percentage of humic matter.

ORG: Organic soil. High humic matter content.

HM percent: Humic matter percent is a measure of the chemically active fraction of organic matter.

W/V: The soil weight/volume is shown in grams/cubic centimeter and is used to determine the soil class.

CEC: Cation exchange capacity is a measure of the soil's capacity to hold basic cations such as potassium, calcium, and magnesium, plus the acidic cations hydrogen and aluminum.

BS%: Base saturation percent is the percent of the CEC that is occupied by the basic cations [potassium (K), calcium (Ca), and magnesium (Mg)]. BS% indicates the pH and lime status of the soil.

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Oxnard City CouncilNovember 7, 2023

Oxnard City Council
November 7, 2023