Agenda packet — Public Works & Transportation Committee, November 28, 2023 (part 2 of 2)

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Cert
ificates of Insurance
The s
ample 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 t he 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.

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

INS-A.doc
32 Agreement No. 32400250
163
Exhibit INS-A

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ACORD CERTIFICATE OF INSURANCE ISS UE 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.

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per p
erson)
BODILY INJURY $
(Pe
r accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

CERTIFICATE HOLDER
CITY OF OXNARD ℅ 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 EXPI
RATION 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
Rev.
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Exhibit INS-A

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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 suit s 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 i nsurance maintained by the City, its offi cers, 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 t he company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

Except as stated above nothing herein shall be held to waive, alt er 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
(ori ginal signature required)
Telephone: ( ) Date Signed:

Rev
. 1/23 INS-A.doc
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Exhibit INS-A

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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.:

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 operation s, 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 othe r 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 co mpany’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

Except as stated above nothing herein shall be he ld 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

Signature
(ori ginal signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
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Agreement No. 32400250

EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and NBS Government Finance Group)

IRAN CONTRACTING ACT CERTIFICATION
36 167

IRAN CON

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

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

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

Company Name/Financial Institution (printed): Federa
l 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 __________________ OPTIO
N 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): Feder
al 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 ____________ 37 Agreement No. 32400250
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City of Oxnard Solicitation #PW24-02
Purchasing Division Bid Close Date: 09/11/23 at or before 2:00 PM PT.

City of Oxnard
Request for Proposals
RFP #PW24-02

Special Districts Administrative
Professional and Technical Services

Bid Close Date: 09/11/23
at or before 2:00 p.m. PT

City of Oxnard
Purchasing
300 West Third Street
Oxnard, CA 93030

Solicitation opportunities: https://www.oxnard.org/rfps-and-rfqs/ City Website: https://www.oxnard.org/
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TABLE OF CONTENTS

A. SOLICITATION INTRODUCTION

1.0 Timeline of Events

2.0 Background of the City of Oxnard

3.0 Period of Performance

4.0 Introduction

5.0 Evaluation Method

B. PROPOSAL GUIDELINES

Tab A – Proposal Checklist
Tab B – Acknowledgement
Tab C – Company Profile/ Experience
Tab D – Scope of Services
Tab E – References
Tab F – Cost/Budget Narrative
Tab G – Proposer Attachment

Attention Proposers: please complete Section Tabs A-G and upload as part of your bid response. Proposals must be submitted electronically at https://www.publicpurchase.com

All questions must go through the Public Purchase portal. 170
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1.0 TIMELINE OF EVENTS

Proposers will be responsible to carefully examine the requirements contained herein.

Proposed Timeline

DATE ACTIVITY

August 16, 2023 Release of Solicitation
August 30, 2023
Last day for Questions by Proposers
Proposer inquiries must be submitted online: Public Purchase website. https://www.publicpurchase.com
September 11, 2023 Submission of the Proposal is to be uploaded to the Public Purchase website at or before 2:00 p.m. local time
September 18-25, 2023 Review of Proposals
October 2023 Agreement Development/Negotiations
December 5, 2023 City Council approval (if necessary, e.g., over $200,000) January 1, 2024 Contracted work begins

The above dates are tentative and are subject to change as necessary.

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2.0 BACKGROUND OF THE CITY OF OXNARD

Oxnard, a vibrant and growing community of approximately 210,000 people, is located on the beautiful Southern California coast and is the most populous city in the County of Ventura.

Nestled about 60 miles northwest of Los Angeles and 35 miles south of Santa Barbara, Oxnard prides itself on its rich diversity and culture. Oxnard is a full -service city. Incorporated as a general law city in 1903, Oxnard operates under the council -manager form of government. The governing body, the City Council, is composed of seven (7) members.

This city by the Pacific Ocean is an ideal place to raise a family; Oxnard residents enjoy a spirit of community pride. With its attractive residential areas located among tree -lined streets, parks and beaches, Oxnard provides a wide variety of housing choices.

3.0 PERIOD OF PERFORMANCE

The period of performance anticipated for this solicitation shall be for a period of up to three (3) years beginning, January 1, 2024 or effective upon signature of an Agreement by both parties, through December 31, 2027, unless terminated earlier, with an option to renew for an additional (2) two years . After the first year, and each year thereafter, the City shall have the option to extend the term pursuant to the Agreement, upon mutually acceptable services, cost adjustments, and the City requirements. There is no obligation by the City to purchase any specified amount of goods or services

4.0 INTRODUCTION

The City of Oxnard invites proposals from qualified consultants to conduct Special Districts Administrative Professional and Technical Services for the City of Oxnard.

The purpose of this RFP is to invite companies to submit statements of their qualific ations, capabilities, and experience in Special Financing District Consulting Services, and proposals for performing the services described and the fees which would be charged for those services.

Special Financing District Consultant services may include:

A. Preparation of annual Engineer’s Report;
B. Preparation of boundary maps for parcels annexing into a CFD; C. Formation of Community Facilities Districts for service and for bonded districts;
D. Transition of districts into alternative district formats (e.g. annexing into or forming a landscape maintenance district);
E. Providing general special district consulting services; F.

Collaboration on developing content for special financing district marketing pieces; and
G. On-call assistance to City staff with special requests related to the administration of the special finance financing districts (upon City’s request at an hourly rate schedule).

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The professional services include tasks established by industry standards for the formation of districts and shall include standards similar to those set forth below:
1) Analyze and determine the type of district restructuring or formation for each unique situation.
2) Prepare the initial Rate and Method of Apportionment (RMA) or assessment calculation.
3) Calculate the initial special tax levy requirement or assessments. 4) Prepare a CFD Report or Engineer’s Report (ER).
5) Prepare and deliver mylar copies of boundary maps. 6) Expend due diligence to ensure accuracy in reviewing and preparing all work products and timely submissions of such.
7) Provide clear written documentation concerning the approach taken to derive the conclusions reached.
8) Employ strict confidentiality of all documents made available by the City to the Consultant, sub- consultant or any other appointed entity, in the course of completing a formation, which may contain private and/or confidential information, which includes but is not limited to property owner names and addresses.
9)
Make all necessary arrangements for delivery and pick -up of documents to and from any agency, office or City Department/Division.
10) Meet with City staff to discuss task lists and associated jobs for further input and approval.
11) Attend meetings of the City Council (e.g. study session, Council meeting, Committee meetings), as requested.
12) Participate in providing additional analysis and support for the issuance of any bonds. 13) Assistance with direct staff allocations and indirect staff allocations. 14) Assistance with Proposition 218 compliance on an ongoing basis. 15) Assistance with maintenance contract specifications and bidding. 16) Assistance with the resolution of inquiries by property owners and the public.

5.0 EVALUATION METHOD

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The Evaluation Committee will review and score only those proposals that are deemed responsive to this RFP and presented in the format as set forth in Tab A below. Failure to include any sections in the proposal may result in that proposal being deemed non responsive. During the scoring process, the Evaluation Committee may contact the Proposer’s references or any other sources deemed relevant by the Evaluation Committee as part of their review of the Proposer’s qualifications to perform the requested services or work. Selection will not be based on the lowest priced proposal, but will be based on the following criteria:

1. Proposer’s ability and history in providing the requested services or work for public agencies of similar size, population, and need as the City.

2. Responsiveness of the proposal and the clarity and completeness of the proposed Scope of Work.

3. Demonstrated technical competence and experience to perform the services or work requested in the RFP.

4. Past record of performance of similar work or service as determined by all available information. This criteria will be based not only on the informati on contained within the proposal, but also by discussions with the Proposers and their references, as well as other relevant entities or individuals who have used the Proposer for similar work or services.

5. Cost Proposal.
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Tab A – Proposal Checklist
Instructions:

a) This section must be filled in and each item checked off to ensure all items requested by the City in this solicitation have been submitted.

b) Follow the instructions in each section of this solicitation.

c) Present all requested items in the index tabs ordered A through G as shown.

d) Label each item presented and include additional items on your table of contents.

e) All proposals must include a detailed description of each proposed service to be provided.

f) Proposers that do not follow the bid instructions found in the separate document titled “Terms and Conditions” may be found to be “non-responsive” and disqualified from the bid process.

Name of Company:

Service to provide:

Main Point of Contact:

E-mail: Phone:
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Tab A Proposal Submission Checklist
General Proposer Information
Please provide one copy of the following items in your proposal. Indicate the page number where the item is located.

Page Number
☐ Tab A: Proposal Checklist (this page)
☐ Tab B: Acknowledgements
☐ Tab C: Company Profile/ Experience
☐ Tab D: Scope of Services
☐ Tab E: References
☐ T ab F : C ost/B udget N arrative
☐ Tab G: Proposer Attachm ent

CERTIFICATION

I, the undersigned, certify and declare I have read and know the contents of the proposal the proposer listed below is submitting to the City of Oxnard (“City”). I certify under penalty of perjury that the preparer(s) of this proposal has/have provided only complete and truthful information to the City in this proposal. I understand that any misrepresentations or material omissions within this proposal will be grounds for potentially disqualifying the proposer or not awarding the contract to the proposer. Additionally, any misrepres entations or material omissions within this proposal are considered breaches of the contract (should the proposer be awarded that contract); the City shall have the right to terminate the contract immediately without consequences, and the City retains all other legal rights available to the City for breach of contract.

I, the undersigned, hereby give permission to the City and its employees and agents to contact references—including those references’ officials, employees, and agents (collectively, “References”)—of the proposer and its officers, managers, members, general partners, limited partners, or other owners of at least ten percent (10%) of the business, or if the business is a corporation or s-corporation, of its stock (collectively, “Owners”), and request information from other clients —including those clients’ officials, employees and agents (collectively, “Other Clients”). I further give permission for the City to review any criminal records of the Owners and obtain public records regarding the Owners, such as records of arrests, indictments, convictions, civil judicial actions, tax liens, and outstanding judgments. I have authority to waive, and I do waive, any and all rights and claims by the proposer, the Owners, and all of their heirs and assigns against the City and its officials, employees and agents, the References, and the Other Clients regarding any actions taken pursuant to, related to or incidental to, the authorization given in this paragraph. Furthermore, I agree that the City and its off icers, employees and agents may but have no obligation to share any such information.

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I am executing this proposal on behalf of the proposer. I warrant and represent under penalty of perjury that I have the authority to execute this proposal on behalf of the proposer and I have the authority to bind the proposer to the answers provided in this proposal. If any information provided herein becomes inaccurate, I will immediately notify the City and provide updated accurate information in writing, under penalty of perjury.

CERTIFICATIONS
I, of
Printed Name of Agent/Officer Name of Organization

Hereby certify that by submission of this proposal in response to the solicitation, agree upon contract award to carry out the requirements specified and obligations set forth therein.

Signature: Date:

Title of Agent/Officer:

Execution hereof is certification that the undersigned has read and understands the terms and conditions hereof, and that the undersigned's principal is fully bound and committed.

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Tab B - Acknowledgement

1. Clarifications, Exceptions, or Deviations
All Proposer(s) shall describe any exception or deviation from the requirements of the solicitation.

Each clarification, exception, or deviation must be clearly identified. If your company/firm/sole proprietorship has no clarifications, exceptions, or devi ations, a statement to that effect shall be included in this section. The sample service agreement is a separate attachment discussed in the solicitation labeled “Sample Agreement" and “Proposer Terms and Conditions” document located on the Public Purchase website and incorporated herein by this reference.

The following contractual terms are non-negotiable:
a. Termination
b. Indemnification
c. Insurance
d. Conflict of Interest
e. Governing Law
f. Assignability of Agreement
Do you have any other exceptions/deviations? If so, please identify the exception and provide an explanation:

PROPOSER’S RESPONSE:

2. Evidence of Insurability/Business Licenses
All Proposer(s) shall submit evidence of all required insurance. If awarded the contract the Proposer has ten (10) calendar days to produce the required insurances, including a certified endorsement naming the City as additionally insured. The Proposer shall certify to the possession of any and all current required licenses or certifications. Proposer must provide a copy of current business license or other applicable licenses.

3. Transition (If applicable)

Upon expiration or termination of this agreement for any reason, during the transition close-out period the company/firm/contractor agrees to:

a. Continue delivering services until notified otherwise; and b. Assist the City in the orderly transition and transfer of all collaborations and committees to the City and the subsequent company/firm/contractor; and
c. Provide, in a timely manner, all file and information deemed necessary by the City for use in subsequent contracting activities without additional cost to the City or the new company/firm/contractor, upon termination or expiration of this agreement for any reason; and d. Cooperate with the City during a transition close -out period to ensure orderly and seamless delivery of services to the City.

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Tab C - Company Profile/Experience
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The company profile should be concise and clear, including descriptive information regarding service delivery. The following information must be provided as follows:

1. Business name and legal business status (i.e. partnership, corporation, etc.).

PROPOSER’S RESPONSE:

2. Company overview and disclosure of services or activities performed, including:

a. The City of Oxnard is a public agency with a City Council composed of elected officials.

The elected officials are restricted from voting on any action concerning a contract whose owners have made a campaign contribution of $250 or more in the previous 12 months.

To assist them in their decision making process, please indicate the owners of the company and if any contributions were made to any Oxnard elected officials. b. Company hierarchy (President, Vice President, Company Officers, etc.) and an organizational chart. The organizational chart shall clearly identify all staff members that will provide services under this contract.
c. The number of years in business under the present business name, as well as prior business names, and the number of years of experience providing the proposed, equivalent or related services.
d. Location of the office from which the work under this contract will be provided and the staff allocation at that office.

a. PROPOSER’S RESPONSE:

b. PROPOSER’S RESPONSE:

c. PROPOSER’S RESPONSE:

d. PROPOSER’S RESPONSE:

3. An explanation of any litigation, current or within the last 5 years, involving the Proposer or any principal officers thereof in connection with any contract. Is your firm, or the principals associated with your firm, under investigation, being sued, suin g, or affiliated in any lawsuit or alternative dispute resolution with any governmental agency? If so, please provide details.

PROPOSER’S RESPONSE:

4. List the members of your organization who are authorized to negotiate the agreement.

Please provide an email address for each individual listed.

PROPOSER’S RESPONSE:
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Purchasing Division Bid Close Date: 09/11/23 on or before 2:00 PM PT.

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Rev Date: 02.18.2020

5. Credentials/Resumes/Certifications/Licenses:

This section shall state all employ ees/subcontractors responsible for administering or providing services. Provide a summary list of the organizational personnel that will actively participate and contribute their skills to this project. Include in this list the individual’s name, job title, work location and relevant experience in projects of similar size and complexity. (Responses may be one page per individual.)

Proposer shall specifically provide the following information on all employees to be providing services related to this solicitation:

a. Current Responsibilities
b. Qualifications/Experiences
c. Education
d. Certifications/licenses, if applicable
e. List other pertinent information that will assist in evaluating Proposer’s qualifications.

a. PROPOSER’S RESPONSE:

b. PROPOSER’S RESPONSE:

c. PROPOSER’S RESPONSE:

d. PROPOSER’S RESPONSE:

e. PROPOSER’S RESPONSE:

Proposer can add as many sections to this response box as it needs to state all employees providing services.

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City of Oxnard Solicitation #PW24-02
Purchasing Division Bid Close Date: 09/11/23 on or before 2:00 PM PT.

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Rev Date: 02.18.2020
Tab D - Scope of Services
This solicitation has a space provided under each question the City has of the Proposer. This solicitation is available for electronic download at www.publicpurchase.com.

Proposers must address all points in this section. All responses are in italicized font in the box.

Summary of Services

1. Provide a summary of the work plan and/or methodology and physical resources (staff and equipment) your company will commit to ensure successful project completion.

PROPOSER’S RESPONSE:

2. Provide a summary of your company's knowledge and experience relating to the issuance of bonds.

PROPOSER’S RESPONSE:

3. Provide a detailed summary of your company's knowledge and experience with Proposition 218 compliance and requirements relating to Special Districts.

PROPOSER’S RESPONSE:

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Purchasing Division Bid Close Date: 09/11/23 on or before 2:00 PM PT.

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Rev Date: 02.18.2020
Tab G - Proposer Attachment
Any response that Proposers are finding difficulty pasting into the “Proposers Response” boxes in any section of the solicitation, proposers shall paste in Tab G. When pasting attachments to Tab G, label the attachments “Attachment 1”, Attachment 2” and so forth. Enter the corresponding “Attachment Number” into the Proposer’s Response box as the example shows below:

Below is an example:

Tab C - Company Profile
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The Company Profile should be concise and clear, and include descriptive information regarding service delivery. The following information must be provided as follows:

1. Business name and legal business status (i.e. partnership, corporation, etc.)

PROPOSER’S RESPONSE: Located in “Attachment 1”

2. Proof of non-profit status, if applicable

PROPOSER’S RESPONSE: Located in “Attachment 2”

Tab G - Any response that Proposers are finding difficulty pasting into the “Proposers Response” boxes in any section of the solicitation, proposers shall paste in Tab G. When pasting attachments to Tab G, label the attachments “Attachment 1”, Attachment 2” and so forth. Enter the corresponding Attachment Number into the Proposer’s response box with the words “See Tab G.” List all attachments with an index tab.

List all attachments included in this Section. Please use additional pages to list attachments if necessary.

Attachment
Number
Document Title Page Number
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8

182

City of Oxnard Purchasing Division Solicitation No. PW 24-02 Addendum No. 1 Addenda Rev. Date 02/20/18
1 | Page

ADDENDUM NO. 1

PW24-02

Special Districts Administrative Professional and Technical Services

August 29, 2023

CERTIFICATION OF RECEIPT OF ADDENDUM

I certify that I have received this Addenda on behalf of the company listed below.

Signed: Dated:

Print Name: Title:

Company:

Email:
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City of Oxnard Purchasing Division Solicitation No. PW 24-02 Addendum No. 1 Addenda Rev. Date 02/20/18
2 | Page

ADDENDUM NO. 1

1.0 This addendum is considered to be part of the solicitation. All other terms of the solicitation remain unchanged and in effect. This addendum is intended to provide additional information and/or to change requirements in the above referenced solicitation. Any information contained herein will be considered part of the solicitation and as such will be used in the evaluation of the bid responses. Attention all potential bidders, if you have already submitted your proposal prior to the bid closing date, please review this addendum and re - submit your bid response, should this addendum modify your initial bid response.

1.1 To verify that all Bidders have received a copy o f this addendum, please sign the cover page of this addendum and submit it with your proposal on Public Purchase.

2.0 Clarification from the City:

The following Tab E – References, and Tab F – Cost Proposal/Budget Narrative have been added to the Request for Proposal:

Tab E - References
All Proposer(s) must include present and past performance information with a minimum of three(3) references of recent similar projects. References cannot include City staff as a reference. However, references can include other governmental agencies. Please verify that all reference information is correct.

Reference 1
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

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City of Oxnard Purchasing Division Solicitation No. PW 24-02 Addendum No. 1 Addenda Rev. Date 02/20/18
3 | Page

Reference 2
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

Reference 3
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

185

City of Oxnard Purchasing Division Solicitation No. PW 24-02 Addendum No. 1 Addenda Rev. Date 02/20/18
4 | Page

1. Provide a list of contracts that your company has been awarded during the last three (3) years, showing year, type of services, dollar amounts of services provided, location, contracting company, contact name, and phone number.

PROPOSER’S RESPONSE:

2. Provide details of any failure or refusal to complete a contract. If none, that must be stated.

PROPOSER’S RESPONSE:

Tab F - Cost Proposal/Budget Narrative

In this section, please complete and include this Cost Proposal. Cost Proposals will be disclosed to the evaluators after the evaluation of the technical proposals has been completed. The City reserves the right to negotiate final fees with the selected Contractor(s). Proposals must fully describe all costs of charges to the City as part of this service/project. As stated in the Cost Proposal, Proposers must provide fully inclusive blended rates, which are all -encompassing of the Proposer’s project -related or supported expenses, including travel expenses. Proposers may also include any other documents as information to further explain the proposed costs.

Method of payment. Payment by the City for the services will be made only after the services have been performed and an invoice is submitted. The invoice should specifically describe the services performed, state the District the charges are relating to, the name(s) of the personnel performing such services, hours provided for the service at the hourly rate quoted in this proposal. The appropriate City representative must approve the invoice. The City will make payment on a monthly basis, thirty (30) days after receipt of the invoice.

End Addendum NO. 1

186
AgreementNo.________________
CONSULTANT/PROFESSIONALSERVICESAGREEMENTBETWEENTHECITYOFOXNARDAND______________ ByThisConsultant/ProfessionalServicesAgreement(“Agreement”),theCITYofOxnard(“CITY”)agreestoengagetheservicesof______________(“CONSULTANT”),andCONSULTANTagreestoperformtheservicesforCITYashereindescribed,forthecompensation,duringtheterm,andotherwisesubjecttothecovenantsandconditionshereinsetforth.CITYandCONSULTANTmaybeindividuallyreferredtoas“Party”orcollectivelyasthe“Parties.”

1. SUMMARY DESCRIPTIONOF SERVICES.[INSERT DESCRIPTIONOFSERVICES.] EXAMPLES:NegotiatedSoleSourceAgreementfordesignservicesforprojectXXXX.

Architectural/Engineering/XXXXservicestoprepareplans,drawings,specificationforprojectXXXXfortheconstructionofafirehouse;wastewatertankupgrade,etc…

2. PARTIES.

CITYofOxnard(“CITY”),agenerallawandmunicipalcorporationoftheStateofCalifornia,locatedat300WestThirdStreet,OxnardCalifornia93030 _____________________(“CONSULTANT”),a corporation/LLC/LLPoftheStateofCalifornia,locatedatADDRESS

3. TERMOFAGREEMENT: From(Date):_________To(Date):____________

3.1TimeisoftheessenceinthisAgreement.

3.2ThisAgreementdoesnothaveanyoptionstoextend.ORTheCITYshallhavetheoptionfor(4)fourconsecutive(1)one-yearextensions, in accordancewiththescopeofworkandgeneraltermsandconditionsof theConsultant/ProfessionalServicesAgreement.Anypriceincreasesordecreasesshallbenegotiatedattimeofcontractextension.

3.3 AnyOptionalExtension(initialterm,plusanyoptiontoextend)shallnotexceedatotaloffive(5)years.TheCITYinitssolediscretionmayexercisetheoptionalextensionupon60 dayswrittennoticeto theCONSULTANTinaccordancewithSection11ofthisAgreement.CONSULTANTshallissueitswrittenconsenttotheCITY’sexerciseoftheoptionextensionwithin10daysof 1 187
AgreementNo._________________
receiptofnoticefromtheCITY.AllNoticesshallcomplywithSection20ofthisAgreement.

3.4 AllservicesrequiredofCONSULTANTunderthisAgreementshallbecompletedonorbeforetheendofthetermoftheAgreement.

4. AGREEMENTAMOUNTNOTTOEXCEED:$_____________.

5. AGREEMENTEXHIBITS.

Thefollowingdocumentsmemorializedbelowaretheonlyexhibitsto thisAgreementandareincorporatedbyreferenceasthoughfullysetforthherein.IntheeventofaconflictbetweentheExhibitsandthisAgreement,theAgreementcontrols.

ExhibitA: ScopeofServicesExhibitB: ScheduleofCompensationExhibitC: InsuranceRequirements:CityInsuranceExhibitINS-__ExhibitD: LivingWagePolicyExhibitE: PrevailingWagePolicyExhibitF: IranContractingCertification(deleteifcontractisunder$1million)

6. DESIGNATEDREPRESENTATIVES.

TheDesignatedRepresentativeslistedbelowshallbeauthorizedtoactonbehalfof thenamedParty, beresponsiblefornegotiationsandcontractualmatters,andcoordinatewitheachothertoperformtheservicesunderthisAgreement.Additionally,CONSULTANT’s servicesshallbe performedor immediatelysupervisedby theCONSULTANT’sRepresentative:CITYDesignatedRepresentative:CONSULTANTDesignatedRepresentative:Name:DEPARTMENT/DIVISIONHEAD Name:Title: Title:Phone: Phone:Email: Email:MailingAddress(ifdiffersfromabove): MailingAddress(ifdiffersfromabove):

7. CONTRACTUALPREREQUISITES.

7.1 ThisAgreementmustfirstbeexecutedbytheCONSULTANT,afterwhichtheAgreementshallbeapprovedastoformbytheCityAttorney,thenexecutedbytheMayor,oranauthorizedpersononbehalfoftheCITY,andifexecutedbytheMayorshallalsobeexecutedbytheCityClerk.

7.2 CONSULTANTisadvisedthatanyrecommendationforAGREEMENTawardisnotbindingonCITYuntiltheAGREEMENTisfullyexecutedandapprovedbyCITY. 2 188
AgreementNo._________________

7.3 A requestformodificationof theterms,priorto executionof theAgreement,mustbe madein writingandpresentedto theDesignatedRepresentativeoftheCITYpriortothetimethisAgreementisexecuted.

7.4 AllproofofaCitytaxcertificate,insurance,andW-9formsisrequiredpriortoexecutionofthisAgreement.

7.5 CONSULTANTshallnotperformanyworkunderthisAgreementuntilaproofofinsurancehasbeenprovidedtotheCityasrequiredunderSection24ofthisAgreement.

8. CONSULTANT'SSERVICES.

8.1CONSULTANTshallperformthetasks,obligations,andservicessetforthinthe“ScopeofServices,”attachedtoandincorporatedintothisAgreementas“ExhibitA.”OncethisAgreementisexecuted,theScopeofServicesmayonlybemodifiedbywrittenAmendmentpursuanttoSection12ofthisAgreement.

8.2TheServicesshallbecoordinatedwiththedesignatedCityProjectManagersetforthinExhibitAsubjecttothedirectionoftheCityManagerorDepartmentDirector.CONSULTANTherebydesignatesitsProjectManagerassetforthin“ExhibitA”asthepersonresponsiblefortheServiceswhoshallcoordinatewithCity’sProjectManagerinexecutingthescopeofservicesunderthisAgreement.

9. COMPENSATION.

CITYshallpayCONSULTANTfortheservicesperformedpursuanttothetermsofthisAgreementinthetimeandmannersetforthinthe“ScheduleofCompensation,”attachedtoandincorporatedintothisAgreementas“ExhibitB.”CITYshallpayCONSULTANTanamountnottoexceedtheamountislistedinSection4ofthisAgreement.OncethisAgreementisexecuted,theScheduleofCompensationmayonlybemodifiedbywrittenAmendmentpursuanttoSection12ofthisAgreement,andmaybesubjecttoapprovalbytheCityCouncil.

10. PAYMENT&INVOICES.

TheCITYshallpayallundisputedportionsofanyapplicableinvoicewithinforty-five(45)daysafterreceiptofaninvoice.IntheeventtheCITYdisputesoneormoreitemsinaninvoice,theCITYshall,withinforty-five(45)daysafterreceiptofsuchinvoice,notifytheCONSULTANToftheitem(s)beingdisputedandthereason(s)therefore.TheCITYmaywithholdpaymentforsuchdisputeditemsuntilresolutionofthedispute.

10.1 PaymentRequest.CONSULTANTshallsubmitapaymentrequesttoCITYbytheendofeachcalendarmonthlistingtheServicesprovided,costsof 3 189
AgreementNo._________________
thoseServices,andtotalamountdueforthemonth.Invoicesmaybeemailedto:[email protected].

10.2 Non-Appropriationof Funds.PaymentstobemadetoCONSULTANTbyCITYfortheServicesperformedwithinthecurrentfiscalyeararewithinthecurrentfiscalbudgetandwithinanavailable,unexhaustedandunencumberedappropriationofCITY. IntheeventCITYdoesnotappropriatesufficientfundsforpaymentoftheServicesbeyondthecurrentfiscalyear,thisAgreementshallcoverpaymentfortheServicesonlyuptotheconclusionofthelastfiscalyearinwhichCITYappropriatedsufficientfundsandshallautomaticallyterminateatthatfiscalyear’sconclusion.

10.3 CONSULTANT’s acceptanceoffinalpaymentmadepursuanttothisAgreementshallconstituteareleaseofCITYfromallclaimsandliabilitiesforcompensationtoCONSULTANTforanythingcompleted,finishedorrelatingtotheServices.CITY’spaymentshallnotconstitutenorbedeemedareleaseoftheresponsibilityandliabilityofCONSULTANTfortheaccuracyandcompetencyoftheinformationprovidedand/ortheServicesperformedhereunder,norshallsuchpaymentbedeemedtobeanassumptionofresponsibilityorliabilitybyCITYforanydefector errorin theServicesperformedbyCONSULTANTanditsemployees,agentsandsubcontractedconsultants.

10.4 CONSULTANTshallprovideCITYwithacompletedRequestforTaxpayerIdentificationNumberandCertification,asissuedbytheInternalRevenueService.IfanysalestaxisduefortheServicesperformedbyCONSULTANTormaterialsorproductsprovidedtoCITYbyCONSULTANT,CONSULTANTshallpaythesalestax.CITYshallnotreimburseCONSULTANTforsalestaxespaidbyCONSULTANT.

11. OPTIONTOEXTENDAGREEMENT.

WhenintheCITY’sbestinterest,thisAgreementmayonlybeextended,iftheCityinitsdiscretionexercisestheoptiontoextendpursuanttoSection3.2and3.3oftheAgreement.Theinitialterm,plusanyoptiontoextend,shallnotexceedatotaloffive(5)years.If nooptiontoextendtheAgreementappearsinsections3.2,thenthisAgreementshallnotbeextended.

12. MODIFICATIONOFAGREEMENT.

ThisAgreementmaybeamended,modified,orotherwisealtered,oritsprovisionswaived,onlyuponmutualconsentofthePartiesbywrittenamendment,andasauthorizedbytheOxnardCityCode,Sections4-59and4-60. 4 190
AgreementNo._________________

13. TERMINATIONOFAGREEMENT.

CITYmayterminatethisAgreementatanytime,withorwithoutcauseandwithoutpenalty,uponfifteen(15)calendardays’priorwrittennoticepursuanttoSection31ofthisAgreement.Suchterminationshallbeeffectiveonthedatespecifiedinthenotice,orifnodateisspecified,thenfifteen(15)calendardaysfromthedateofthenotice.CITYshallbeliabletoCONSULTANTonlyforworkdonebyCONSULTANTuptoandincludingthedateofterminationofthisAgreementunlesstheterminationisforcause,inwhicheventCONSULTANTneedbecompensatedonlytotheextentrequiredbylaw. CONSULTANTmayterminatethisAgreementatanytimeduringthetermoftheAgreementbygivingtheCITYsixty(60)calendardays’priorwrittennotice.

14. INDEPENDENTCONTRACTOR
CONSULTANTisandshallatalltimesremain,astoCITY,awhollyindependentcontractor.NeitherCITYnoranyofitsemployeesoragentsshallhavecontrolovertheconductofCONSULTANToranyofitsemployees,exceptasstatedinthisAgreement.CONSULTANThasandshallretaintherightto exercisefullcontrolovertheemployment,direction,meansofperformance,location,compensationanddischargeofallpersonsassistingCONSULTANT. ThisAgreementshallnotbeinterpretedtopreventorprecludeCONSULTANTfromrenderinganyservicesforCONSULTANT’s ownaccountortoanyotherpersonorentityasCONSULTANTinitssolediscretionshalldetermine;provided,however, thatperformingsuchservicesshallnotmateriallyinterferewiththeServicestheCONSULTANTshallperformfortheCITY.TheCITYretainstherighttoprovidegeneralinstructionstoandobservetheCONSULTANTintheperformanceofallservicesdoneonbehalfoftheCITY.

CONSULTANTanditsemployeesandagentshavenoauthority, expressorimplied,toactonbehalfofCITYinanycapacity,toincuranydebt,obligationorliabilityonbehalfofCITY,bindCITYinanymanner,orotherwiseactonbehalfofCITYasanagent.CONSULTANTanditsemployeesarenotemployeesofCITY.CONSULTANTanditsemployeesarenotentitledtoreceivefromCITYanyofthebenefitsorrightsaffordedemployeesofCITY, includingbutnotlimitedtoreserveleave,sickleave,vacationleave,holidayleave,compensatoryleave,PublicEmployeesRetirementSystembenefits,andhealth,life,dental,long-termdisabilityandworkers’compensationinsurancebenefits.CONSULTANTshallnot,atanytimeorinanymanner,representthatitoranyofitsagentsoremployeesareinanymanneragentsoremployeesofCITY.

15. LAWFULPERFORMANCE.

CONSULTANTshallabidebyallFederal,State,andLocalLawsandRegulationsasmayberelatedtotheperformanceofdutiesunderthisAgreement.CONSULTANT,atitssoleexpense,shallobtainandmaintainduringthetermofthisAgreement,allappropriatepermits,licenses,andcertificatesthatmayberequiredinconnectionwiththeperformanceofservicesunderthisAgreement. 5 191
AgreementNo._________________

16. SAFETYREQUIREMENTS.

CONSULTANTshallnotperformanyservicesfor theCITYwhentheCONSULTANTis impairedbyalcoholora controlledsubstance.Whenthereisreasonablecausetobelievethatanypersonhasviolatedthisprovision,thatpersonshallbeimmediatelyremovedfromthepremisesandbesubjecttoanyapplicableciviland/orcriminalpenaltiesundertheCITY’sCodeand/orunderstatelaw. AllworkperformedunderthisAgreementshallbeperformedinsuchamannerastoprovidesafetytothepublic.TheCITYreservestherighttoissuerestrainingorceaseanddesistorderstoCONSULTANTwhenunsafeorharmfulactsareobservedorreportedrelativetotheperformanceoftheworkunderthisAgreement.TheacceptanceofCONSULTANT'sworkbyCITYshallnotoperateasareleaseoftheCONSULTANTfromsuchstandardofcareandworkmanship.

17. OWNERSHIPOFCONSULTANT’SWORKPRODUCT, CONFIDENTIALITY&DISCLOSURE.

CITYshallbetheownerofanyandalltechnicaldocumentsandrecords,including,computations,plans,correspondence,and/orotherpertinentdataandinformation,bothhardcopyandelectronic,gatheredorpreparedbyCONSULTANTinperformanceofthisAgreementandshallbeentitledtoimmediatepossessionofthesameuponcompletionoftheworkunderthisAgreement,oratanyearlierorlatertimewhenthesamemayberequestedbyCITY.

17.1.RecordsandInspections.TheCONSULTANTshallmaintainfullandaccuraterecords,withrespecttoallservicesandmatterscoveredunderthisAgreement.TheCITYshallhavefreeaccessatallreasonabletimestosuchrecords,bothhardcopyandelectronic,andtherighttoexamineandauditthesameandtomaketranscriptstherefrom,andtoinspectallprogramdata,documents,proceedings,andactivities.

17.2.Deliverables.CONSULTANTshalldelivertotheCITYthestudies,plans,specifications,orotherdocumentsasareidentifiedintheScopeofServices;andCONSULTANTshall,uponcompletionof all workor terminationof thisAgreement,submittotheCITYallinformationdevelopedinthecourseoftheCONSULTANT'sservices.CONSULTANTshall,insuchtimeandinsuchformastheCITYmayrequire,furnishreportsconcerningthestatusofservicesrequiredunderthisAgreement.CONSULTANTshall,uponrequestbyCITYanduponcompletionorterminationofthisAgreement,delivertotheCITYallmaterialfurnishedtoCONSULTANTbytheCITY.

17.3.Ownership– Generally. Allinventions,discoveries,enhancements,changes,orimprovementsofcomputerprogramsdevelopedpursuanttothisAgreementshallbethepropertyoftheCITY,andallpatentsorcopyrightsshallbeassignedtotheCITY,unlessotherwiseagreed.CONSULTANTagreesthat 6 192
AgreementNo._________________
CITYmaymakemodificationstocomputersoftwarefurnishedbyCONSULTANTwithoutinfringingCONSULTANT’s copyrightoranylicensegrantedtoCITY,unlessotherwiseagreed.

17.4.Ownershipof Documents.Everyreport,draft,workproduct,map,record,andotherdocumentreproduced,prepared,orcausedtobepreparedbytheCONSULTANTpursuanttoorinconnectionwiththisAgreementshallbetheexclusivepropertyoftheCITY.

17.5.Confidentiality.Informationthatisexemptfromdisclosuretothepublicisconfidential.Thisincludesinformationrelatingtothepast,present,orfutureaffairsoftheCITYorinformationbelongingtoathirdpartywhoseinformationisin theCITY’s possessionor controlunderobligationsof confidentiality.CONSULTANTmaybegrantedaccesstoinformationthatisexemptfromdisclosuretothepublic(GovernmentCodeSection6254and6254.16)andmaycontain“tradesecrets”(seeGovernmentCodeSection6254.7(d))whenitisnecessaryfor CONSULTANTto performits obligationspursuantto thisAgreement.IfCONSULTANTisgrantedsuchaccesstoconfidentialinformation,CONSULTANTshallnotbeconsideredtobeamemberofthepublicasthattermisusedinGovernmentCodeSection6254.5.

17.6.DisclosureofInformation.CONSULTANTshallnotdisclose,publish,orauthorizeotherstodiscloseorpublish,designdata,drawings,specifications,reports,orotherinformationpertainingtotheprojectsassignedtoCONSULTANTbytheCITYorotherinformationtowhichtheCONSULTANThashadaccessduringthetermofthisAgreementwithoutthepriorwrittenapprovaloftheCITY’sDesignatedRepresentativeduringthetermofthisAgreementandforaperiodoftwo(2)yearsaftertheterminationofthisAgreement.

17.7. NoWarranty. OtherthananobligationupontheCITYtodealingoodfaith,theCITYmakesnowarrantiesandshallbearnoliabilityorresponsibilityforerrorsor omissionsin anyConfidentialInformationdisclosedunderthisAgreementorforanybusinessdecisionsmadebyCONSULTANTinrelianceonanyConfidentialInformationdisclosedunderthisAgreement.

18. ASSIGNMENT.

ThisAgreementisfortheprofessionalservicesofCONSULTANT.AnyattemptbyCONSULTANTtoassignthebenefitsorburdensofthisAgreementwithoutthepriorwrittenapprovalofCITYshallbeprohibitedandshallbenullandvoid.CONSULTANT'sservicespursuantto thisAgreementshallbeprovidedbytheCONSULTANT’sDesignatedRepresentativeordirectlyunderhis/hersupervision,andCONSULTANTshallnotassignanotherto supervisetheCONSULTANT'sperformanceof thisAgreementwithoutthepriorwrittenapprovalofCITY, byandthroughtheCITY’sDesignatedRepresentative. 7 193
AgreementNo._________________

19. NOTICEOFBREACHANDOPPORTUNITYTOCURE.

NeitherPartywillbeinbreachofthisAgreementwherethebreachiscapableofbeingcured,oruntilwrittennoticeofthebreachisreceivedfromthenon-breachingParty. ThePartychargedwithbreachwillhavefifteen(15)calendardaysfromthedateofreceivingsuchnoticeinwhichtocurethebreachorotherwiserespond.IfthecircumstancesleadingtothechargethattheAgreementwasbreachedhavenotbeencuredorexplainedtothesatisfactionoftheotherPartywithinfifteen(15)daysfromthedateonwhichthebreachingPartyreceivednoticeofbreach,thenon-breachingPartymayterminatethisAgreement.Noticeshallbegiveninthemannersetforthinsection22.

20. NOTICE.

AllnoticesgivenorrequiredtobegivenpursuanttothisAgreementshallbeinwritingandmaybegivenbypersonaldeliveryorbyfirst-classmail.NoticesentbymailshallbeaddressedtoeachParty’sDesignatedRepresentativeassetforthaboveinSection6. WhenaddressedinaccordancewiththisSection,suchnoticeshallbedeemedgivenupondepositintheUnitedStatesmail,postageprepaid.Inallotherinstances,noticesshallbedeemedgivenatthetimeofactualdelivery. ChangesmaybemadeinthenamesoraddressesofpersonstowhomnoticesaretobegivenbygivingnoticeinthemannerprescribedinthisSection.

21. COVENANTSANDCONDITIONS.

Eachtermandeachprovisionof thisAgreementto be performedbyCONSULTANTshallbeconstruedtobebothacovenantandacondition.

22. WAIVER.

CITY’s revieworacceptanceof,orpaymentfor, workproductpreparedbyCONSULTANTunderthisAgreementwillnotbeconstruedtooperateasawaiverofanyrightsCITYmayhaveunderthisAgreementorofanycauseofactionarisingfromCONSULTANT’sperformance.AwaiverbyCITYofanybreachofanyterm,covenant,orconditioncontainedinthisAgreementwillnotbedeemedtobeawaiverofanysubsequentbreachofthesameoranyotherterm,covenant,orconditioncontainedinthisAgreement,whetherofthesameordifferentcharacter.

23. INDEMNIFICATION,HOLDHARMLESS&DEFENSE.

23.1 AsaseparateandindependentcovenantfromCONSULTANT’sobligationsunderthissection,CONSULTANTshalltothefullestextentpermittedbylaw,immediatelydefend,indemnify,andholdharmlessCITY,itslegislativeandadvisorybodies,andtheCITY’sofficials,directors,officers,employees,andagents(the“Indemnitees”)fromandagainstallliabilitiesregardlessofnature,type,or cause,arisingoutof or resultingfromor in connectionwith 8 194
AgreementNo._________________
CONSULTANT’sperformanceofthisAgreementorCONSULTANT’sfailuretocomplywithanyofitsobligationscontainedinthisAgreement.Liabilitiessubjecttothedutiestodefendandindemnifyinclude,withoutlimitation,allclaims,losses,damages,penalties,fines,andjudgments;associatedinvestigationandadministrativeexpenses;defensecosts,includingbutnotlimitedtoreasonableattorneys’fees;courtcosts;andcostsof alternativedisputeresolution.CONSULTANT’sobligationtoindemnifyappliesunlessitisadjudicatedthatanyoftheliabilitiescoveredbythisSectionaretheresultofthesoleactivenegligenceorsolewillfulmisconductofanyoftheIndemnitees.

23.2 Thedutytodefendis a separateanddistinctobligationfromCONSULTANT’sdutytoindemnify. CONSULTANTshallbeobligatedtodefendin alllegal,equitable,administrative,orspecialproceedings,withcounselapprovedbytheCITYAttorney,immediatelyupontendertoCONSULTANToftheclaiminanyformoratanystageofanactionorproceeding,whetherornotliabilityisestablished.AnallegationordeterminationofnegligenceorwillfulmisconductbyanyoftheIndemniteesshallnotrelieveCONSULTANTfromitsseparateanddistinctobligationtodefendtheIndemnitees.Theobligationtodefendextendsthroughfinaljudgment,includingexhaustionofanyappeals.Thedefenseobligationincludestheobligationto provideindependentdefensecounselifCONSULTANTassertsthatliabilityiscausedinwholeorinpartbythenegligenceorwillfulmisconductoftheIndemnitees.Ifitisfinallyadjudicatedthatliabilitywascausedbythesoleactivenegligenceorsolewillfulmisconductofanyof theIndemnitees,CONSULTANTmaysubmita claimtoCITYforreimbursementofreasonableattorneys’feesanddefensecosts.

23.3 TheprovisionsofthisSubsection23.3applyonlyintheeventthatCONSULTANTisa designprofessionalwithinthemeaningofCaliforniaCivilCodesection2782.8(“DesignProfessional”).ThetermDesignProfessional,asdefinedinsaidsection,islimitedtolicensedarchitects,licensedlandscapearchitects,registeredprofessionalengineers,professionallandsurveyors,andthebusinessentitiesthatoffersuchservicesinaccordancewiththeapplicableprovisionsoftheCaliforniaBusinessandProfessionsCode.

23.3.1NotwithstandingtheprovisionsofSubsections23.1and23.2above,totheextentthattheservicestobeprovidedunderthisAgreementarethoseofaDesignProfessional,CONSULTANT'sdutytoindemnify,holdharmless,anddefendtheIndemniteesshallbelimitedtotheextentthatanyclaimsariseoutof,pertainto,orrelatetothenegligence,recklessness,orwillfulmisconductoftheCONSULTANT,itsofficers,agents,employeesorsubconsultantsintheperformanceoftheservicesdescribedinthisAgreement.

23.3.2 In noeventshallthecostsof defensechargedtoCONSULTANTexceedtheCONSULTANT’sproportionatepercentageoffault,exceptasotherwisesetforthinsaidCivilCodesection2782.8,theprovisionsofwhichareincorporatedintothisAgreementbythisreference.Nothingin this Subsection23.3shallbe construedto require 9 195
AgreementNo._________________
CONSULTANTtoprovideindemnificationforclaimscausedbytheactivenegligenceorwillfulmisconductoftheIndemnitees.

23.4Thereview,acceptanceorapprovalofCONSULTANT’sworkorworkproductby anyof theIndemniteesshallnotaffect,relieveor reduceCONSULTANT’sindemnificationordefenseobligations.CONSULTANTwaivesanyrightofcontributionagainstCITYoranyofCITY’sofficers,employees,agents,orvolunteersarisingoutofsuchfailuretoinspect,review,monitor,orsupervisetheworkperformedbyCONSULTANTpursuanttothisAgreement.TheprovisionsofthisSectionshallnotberestrictedbyanddonotaffecttheprovisionsofthisAgreementrelatingtoSection24. TheCONSULTANT’sobligationsunderthisSectionoftheAgreementshallsurvivetheterminationoftheAgreement.

23.5CONSULTANTagreestopayallrequiredtaxesonamountspaidtoCONSULTANTunderthisAgreement,andtoindemnifyandholdCITYharmlessfromanyandalltaxes,assessments,penalties,andinterestassertedagainstCITYbyreasonoftheindependentcontractorrelationshipcreatedbythisAgreement.CONSULTANTshallbesolelyresponsiblefor,andshallsaveCITYharmlessfrom,all mattersrelatingto thepaymentof CONSULTANT’ssubcontractors,materialsuppliers,directors,officers,employees,agentsandrepresentatives,includingcompliancewithsocialsecurityrequirements,federalandStateincometax withholding,andall otherregulationsgoverningemployer-employeerelations,asapplicable.CITYshallhavetherighttooffsetagainsttheamountofanycompensationduetoCONSULTANTunderthisAgreementanyamountduetoCITYfromCONSULTANTasaresultofitsfailuretopromptlypaytoCITYanyreimbursementorindemnificationarisingunderthisSection.

24. INSURANCE.

CONSULTANTshallobtainandmaintainduringtheperformanceofanyservicesunderthisAgreementtheinsurancecoverageslistedwithin“ExhibitC”,whichisattachedheretoandincorporatedhereinbythisreference,unlesstheRiskManagerwaives,in writing,therequirementthatCONSULTANTobtainandmaintainsuchinsurancecoverages.SuchinsurancemustbeissuedbyacompanysatisfactorytotheRiskManager.CONSULTANTshall,beforeperformanceofanyservicespursuanttothisAgreement,filewiththeRiskManagerevidenceofinsurancecoverageasspecifiedin“ExhibitC”.MaintenanceofinsurancecoveragesbyCONSULTANTisa materialelementofthisAgreement.CONSULTANT’SfailuretomaintainorrenewinsurancecoveragesortoproviderenewalevidenceshallbeconsideredamaterialbreachofthisAgreement.

25. LIVINGWAGEREQUIREMENTS.

DuringthetermofthisAgreement,CONSULTANTunderstandsandagreesthatifLivingWagesareapplicable,subjecttothe2002OxnardCityCouncilLivingWage 10 196
AgreementNo._________________
Policy,attachedas“ExhibitD”tothisAgreement,CONSULTANTwillpayand/orprovidethewagesand/orbenefitsrequiredthereintoallofitsemployeesengagedinwholeorinpartinperformingtheservicesprovidedforbythisAgreement.ThedutytopaythecorrectwageistheresponsibilityoftheCONSULTANT.

26. PREVAILINGWAGEREQUIREMENTS.

26.1.Application.ThepaymentofStateprevailingwagesasdesignatedforVenturaCountyshallapplytopublicworksprojects.However,thissectionshallnotapplytoworkperformedonapublicworksprojectoftwenty-fivethousanddollars($25,000)or lesswhentheprojectis forconstruction,alteration,demolition,installation,orrepairwork;ortoworkperformedonapublicworksprojectoffifteenthousanddollars($15,000)orlesswhentheprojectisformaintenancework.Prevailingwagesarerequiredtobepaidtoallworkers,includingsubcontractedemployees.

26.2.CompliancewithCaliforniaDepartmentofIndustrialRelations(DIR).To determineif thisAgreementis subjectto compliancemonitoringandenforcement,goto:https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3.ContractSplitting.Itisunlawfultosplit,orseparateintosmallportions,workorders,projects,purchases,orpublicworksprojectsforthepurposeofevadingtheseprevailingwagerequirements.

26.4. UseofPrevailingWagesvs.LivingWages.IntheeventthatthereisadifferencebetweentheamountofwagestobepaidundertheCITYofOxnard’slocalLivingWagerequirementsandtherequirementsofthisprovision,thewageratethatisthehigherofthetwoshallbeapplicabletothisAgreement.ThedutytopaythecorrectwageistheresponsibilityoftheCONSULTANT.

27. IRANCONTRACTINGACT
[DELETE“ICA”IFAGREEMENTTOTALISLESSTHAN$1MILLION&Replacewithterm[RESERVED]] IRANContractingExhibitisintheAgreementsFolderontheSDrive.InaccordancewiththeIranContractActof2010(PublicContractCodesections2200-2208)theCityrequiresthatanyCONSULTANTthatsubmitsa proposalorotherwiseproposestoenterintoorrenewacontractwiththeCitywithrespecttogoodsor servicesof onemilliondollars($1,000,000)or more,mustcertify, thattheCONSULTANTisnotidentifiedonalistcreatedpursuanttosubdivision(b)ofPublicContractCodeSection2203asapersonengagingininvestmentactivitiesinIrandescribedinsubdivision(a)ofPublicContractCodeSection2202.5,orasapersondescribedinsubdivision(b)ofPublicContractCodeSection2202.5,asapplicable.

ACONSULTANTisineligibletoenterintoanycontractwiththeCITYforgoodsorservicesofonemilliondollars($1,000,000)ormoreiftheCONSULTANTengagesin 11 197
AgreementNo._________________
investmentactivitiesinIran.CONSULTANTmustcertifythatitisnotonthelistofineligiblevendorsprohibitedfromdoingbusinesswiththeStateofCaliforniaandshallcompletetheIranContractActCertificationattachedasExhibitF.

28. CONFLICTOFINTEREST
CONSULTANTcovenantsthatitdoesnothaveanyinterest,norshallitacquireanyinterest,directlyor indirectly, whichwouldconflictin anymannerwiththeperformanceofCONSULTANT’sservicesunderthisAgreement.CONSULTANTfurthercovenantsthatin theperformanceofservicesunderthisAgreement,noofficer,employeeoragentofCONSULTANThavingsuchinterestshallbeemployedbyit.IntheeventtheCITYdeterminesthatCONSULTANTmustdiscloseitsfinancialinterestsbycompletingandfilingaFairPoliticalPracticesCommissionForm700,StatementofEconomicInterests,CONSULTANTshallfilesuchForm700withtheCITYClerk’sOfficepursuanttothewritteninstructionsprovidedbytheCITYClerk.AcquisitionormaintenanceofaconflictinginterestbyCONSULTANTmayresultinterminationofthisAgreementbytheCITY.

29. [RESERVED]-

30. DISPUTES.

Exceptasotherwiseprovidedintheseprovisions,anydisputeconcerningaquestionof factarisingunderthisAgreement,shallbedecidedbytheCITY’sDesignatedRepresentative,whoshallreducethisdecisiontowritingandmailacopytotheCONSULTANT. ThedecisionoftheCITY’sDesignatedRepresentativeshallbefinalandconclusiveunlessCONSULTANTrequestsmediationwithinten(10)calendardays.Pendingfinaldecisionofadispute,theCONSULTANTshallproceeddiligentlywiththeperformanceoftheAgreementandinaccordancewiththedecisionoftheCITY’sDesignatedRepresentative.

31. DISPUTERESOLUTION.

ShouldanunresolveddisputeariseoutofthisAgreement,anyPartymayrequestthatitbesubmittedtomediation.ThePartiesshallmeetinmediationwithinareasonabletimenottoexceedfortyfive(45)daysofarequest.ThemediatorshallbeagreedtobythemediatingParties.Intheabsenceofanagreementonamediator,thePartiesshalleachsubmitonenamefrommediatorslistedbytheAmericanArbitrationAssociation,theCaliforniaStateBoardof MediationandConciliation,or otheragreed-uponservice.Themediatorshallbeselectedbya“blindfold”process.ThecostofmediationshallbeborneequallybybothParties.NeitherPartyshallbedeemedtheprevailingParty.NoPartyshallbepermittedtofilealegalactionwithoutfirstmeetinginmediationandmakinga goodfaithattempttoreachamediatedsettlement.Themediationprocess,oncecommencedbyameetingwiththemediator,shalllastuntil 12 198
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agreementisreachedbythePartiesbutnotmorethansixty(60)calendardays,unlessthemaximumtimeisextendedinwritingbybothParties.

32. AUDIT.

CITYshallhavetheoptionofinspecting,auditingand/orreproducingallrecordsandotherwrittenmaterials:usedbyCONSULTANTinpreparingitsbillingstoCITYasaconditionprecedenttoanypaymenttoCONSULTANT;orforotherpurposesrelatingtotheAgreement.CONSULTANTwillpromptlyfurnishalldocumentsrequestedbyCITY.Additionally,ifthisAgreementisinexcessof$10,000,theStateAuditormayexamineandauditCONSULTANTfora periodof3 yearsafterfinalpaymentundertheAgreement.RegardlessofwhetheraStateauditispermitted,CONSULTANTshallmaintainandpreserveallsuchrecordsforaperiodofatleast3yearsafterfinalpaymentundertheAgreementoruntilanaudithasbeencompletedandacceptedbyCITY,whicheveroccurslater.CONSULTANTshallmaintainallsuchrecordsinCITYortopromptlyreimburseCITYforallreasonablecostsincurredinconductingtheauditatalocationotherthaninCITY,includingbutnotlimitedtoexpensesforpersonnel,salaries,privateauditor,travel,lodging,mealsandoverhead.CONSULTANTshallincludeacopyofthisSectioninallcontractswithitssubcontractors,andCONSULTANTshallberesponsibleforimmediatelyobtainingthoserecordsorotherwrittenmaterialfromitssubcontractorsuponarequestbytheStateAuditorand/orCITY.

33. ADVERTISINGANDPUBLICITY
CONSULTANTshallnotusethenameoforrefertoCITYdirectlyorindirectlyinanyadvertisement,newsrelease,orprofessionalortradepublicationwithoutpriorwrittenapprovalfromtheCITYManager.ThisSectionshallsurvivetheterminationofthisAgreement.

34. NONDISCRIMINATORYEMPLOYMENT.

CONSULTANTshallnotunlawfullydiscriminateagainstanyindividualbasedonrace,color, religionor religiouscreed,nationalorigin,ancestry, ethnicgroupidentification,primarylanguage,physicaldisability,mentaldisability,medicalcondition,geneticinformation,maritalstatus,gender, genderidentity, genderexpression,sex,sexualorientation,age,immigrationstatus,citizenshipormilitaryandveteranstatus.CONSULTANTunderstandsandagreesthatitisboundbyandwillcomplywithalllegalnondiscriminationmandates.ForeverysubcontractorwhowillperformServices,CONSULTANTshallberesponsibleforsuchsubcontractor’s compliancewiththisSection.

35. FORCEMAJEURE.

NeithertheCONSULTANTnortheCITYshallberesponsibleforanydelaycausedbyanycontingencybeyondtheircontrol,including,butnotlimitedto,waror 13 199
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insurrection,walkoutsbytheParty’sownemployees,fires,naturalcalamities,riots,ordemandsorrequirementsofgovernmentalagenciesotherthantheCITY.

36. GOVERNINGLAW.

ThetermsofthisAgreementshallbeinterpretedaccordingtothelawsoftheStateofCalifornia.Shouldlitigationoccur,venueshallbeintheSuperiorCourtofCalifornia,CountyofVentura.

37. SEVERABILITY.

IfanyportionofthisAgreementisdeclaredbyacourtofcompetentjurisdictiontobeinvalidorunenforceable,thensuchportionwillbedeemedmodifiedtotheextentnecessaryintheopinionofthecourttorendersuchportionenforceableand,assomodified,suchportionandthebalanceofthisAgreementwillcontinueinfullforceandeffectandbeenforceable.

38. INTEGRATEDAGREEMENT.

ThisAgreementandtheattachedexhibitsreferencedhereintothisAgreementrepresenttheentireunderstandingbetweentheParties.NoverbalagreementorimpliedcovenantshallbeheldtovarytheprovisionsofthisAgreement.ThisAgreementshallbindandinuretothebenefitofthePartiestothisAgreementandanysubsequentsuccessorsandassigns.

39. NOTHIRD-PARTYBENEFICIARY.

ThisAgreementshallnotbeconstruedtobeanagreementforthebenefitofanythird-partyorparties,andnothirdpartyorpartiesshallhaveanyclaimorrightofactionunderthisAgreement.

40. AUTHORITYTOEXECUTE.

EachPartyheretoexpresslywarrantsandrepresentsthatthroughitsDesignatedRepresentativeit hastheauthorityto executethisAgreementonbehalfofitscorporation,partnership,businessentity, orgovernmentalentity, andwarrantsandrepresentsthattheDesignatedRepresentativehastheauthoritytobindeachPartytotheperformanceofitsobligationshereunder.

41. EXECUTION–COUNTERPARTS.

ThisAgreementmaybeexecutedinanynumberofcounterpartsandeachsuchduplicatecounterpartshallconstituteanoriginal,buttheyshallnotbeeffectivenorenforceableunlessanduntilit is executedwiththehandwrittensignatureofanauthorizedrepresentativeofeachoftherelevantParties.Nocounterpartshallbedeemedtobeanoriginalorpresumeddeliveredunlessanduntilthecounterpart 14 200
AgreementNo._________________
executedbytheotherPartytothisAgreementisinthephysicalpossessionofthePartyseekingenforcementthereof.

42. INCONSISTENTORCONFLICTINGTERMS.

IntheeventofanycontradictionsorinconsistenciesbetweenanyattacheddocumentsorexhibitsincorporatedbyreferencehereinandtheprovisionsoftheAgreementitself,thetermsoftheAgreementshallcontrol.Anyexhibitthatisattachedandincorporatedbyreferenceshallbelimitedtothepurposesforwhichitisattached,asspecifiedinthisAgreement.AnycontractualtermsorconditionscontainedinsuchexhibitimposingadditionalobligationsontheCITYarenotbindingupontheCITY’sDesignatedRepresentativeunlessspecificallyagreedtoinwriting,andinitiatedbyCITY’sDesignatedRepresentative,astoeachadditionalcontractualtermorcondition.

43. CAPTIONSANDHEADINGS.

Thecaptionsandheadingscontainedin thisAgreementareprovidedforidentificationpurposesonlyandshallnotbeinterpretedtolimitordefinethecontent,scope,orintentoftheprovisionsdescribedundertherespectivecaptionorheading.

44. ACKNOWLEDGEMENT.

Bysigningbelow,CONSULTANTacknowledgesthatithasreviewedtheCITY’sCONSULTANT/ProfessionalServicesAgreementtermsandconditionsandinsurancerequirementsandthatCONSULTANTherebyagreestofullcompliance. [Signaturesonnextpage]
15 201
AgreementNo._________________
In witnesswhereof,thePartieshaveenteredintothisAgreementeffectiveonthedateaswritteninsection3anduponsignatureofallParties.

CITYOFOXNARD [CONSULTANT]
☐JohnC.Zaragoza,Mayor
1 Date , Date☐JenniferYates,PurchasingManager
2 ,
3 Date
ATTEST:

RoseChaparro,CITYClerk Date(onlyifMayorauthorizes)
APPROVEDASTOFORM:

StephenM.Fischer,CITY DateAttorney(alwaysrequired)
3 TheCityrequiresthefollowingforanycontract:●Foracorporation,thesignaturesoftheBoardPresident,CEOorVicePresidentandoftheBoardSecretary,AssistantSecretary,CFOorAssistantTreasurer;●ForanLLC,thesignaturesofatleasttwomanagersoftheLLC(companydirectors,notlower-levelmanagers);or●Forapartnership,thesignatureofapartner.Ifthepartnershipisalimitedpartnership,thesignermustbeageneralpartner.Ifthecompanyhasadifferentstructure,oriftheabove-listedpersonsarenottheappropriatesigners,pleasesubmit totheCityAttorneylegally-bindingdocumentationstatingwhocansignandbindyourcompany. 2 ThePurchasingAgentmayexecuteanyauthorizedagreementupto$200,000. 1 TheCityCouncilmustauthorizeandtheMayormustexecuteanyagreementover$200,000. 16 202
AgreementNo._________________

EXHIBITA
CONSULTANT/PROFESSIONALSERVICEAGREEMENT(CITYofOxnardand__________)

SCOPEOFSERVICES
SAMPLE
INSERTCITYPROJECTMANAGERFORTHISAGREEMENT:NAME/PHONE#/EMAIL LicensingandProfessionalCertification
Required:

StateofCaliforniaCONSULTANT’sLicenseClassificationAGeneralEngineeringCONSULTANT GeneralSpecifications
Safety
AllworkconductedbytheCONSULTANTanditsrepresentativeshallconformtocurrentapplicableCaliforniaOccupationalSafetyandHealthAdministration(CAL-OSHA)lawsandregulations.CONSULTANTshallmaintainsafetycertificationsandprovideCITYwithcopiesoftrainingrecords.

CONSULTANTmustprovidestaff thathascurrentconfinedspaceandhazardousmaterialstraining.CONSULTANTmustprovideandPersonalProtectiveEquipment(PPE)tostaff asneededforworkingconditions.

CONSULTANTmuststrivetomaintaingoodpublicrelationsatalltimes.Theworkmustbeconductedinamanner,whichwillcausetheleastpossibleinterferenceandannoyancetothepublic.Workmustbeperformedbycompetentemployeesandsupervisedbyanexperienced,foremanorsupervisor.

AccidentReporting
CONSULTANTshallimmediatelynotifytheCITYofanyaccident,regardlessofwhetherornotinjuryordamageisevident,involvingtheCONSULTANT’sstaff,vehicles,orequipmentwhileontheworksite.CONSULTANTshalltakephotodocumentationofdamageandimmediatelyreporttoappropriateCITYcontact.CONSULTANTshalldocumentanydamagethatexistsbeforetheonsetofwork.TheCONSULTANTshalltakephotographsofexistingdamageandreporttoappropriateCITYcontactpriortocommencinganywork.AnydamagecausedasaresultoftheCONSULTANT’sactionsshallbethesoleresponsibilityoftheCONSULTANTtorepairorpayinfullfordamages. 17 203
AgreementNo._________________
TrafficControl
CONSULTANTshallprovideandmaintainallpropertrafficcontroldevicesrequiredfortheassignedworkperthelatesteditionoftheStateofCalifornia’sManualofUniformTrafficControlDevices(MUTCD).

Ifalaneclosureisnecessary,CONSULTANTshallnotifytheappropriateCITYcontactatleastseventy-two(72)hourspriortocommencementofwork.ATrafficControlPlanmustbesubmittedtotheCITYTrafficEngineerforty-eight(48)hourspriortothecommencementofthework.

IfParkingistobeprohibitedduringwork“NoParking”signsshallbepostedseventy-two(72)hourspriortoworkcommencing.

CrewRental
CONSULTANTshallberequiredtoprovideasrequireduptoaneight(8)-mancrewincludingapickuptruck,allotherequipmentnecessarytoperformthespecifiedtask.

StreetandSidewalkMaintenanceConstructionServices
CONSULTANTshallprovidelaborandconstructionservicesincludingbutnotlimitedto:● Valvestackadjustmentandrepair● Curbandgutterrepairandreplacement● Concretesidewalkrepairandreplacement● Concretedrivewayapronrepairandreplacement● Asphaltrepairandreplacement EquipmentAvailability
CONSULTANTshallbeabletoprovideallequipmentnecessaryforworkrequested,includingbutnotlimitedto:● Dumptruck● 10-WheelerDumpTruck● Backhoe● Asphaltroller● Compactionequipment● Excavator● Skiploader 18 204
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CleanUp
CONSULTANTshallremovealldebrisgeneratedasworkprogresses.Thestreet,parkway,andprivatepropertyshallbekeptclearofdebrisatalltimes.ItshallbetheresponsibilityoftheCONSULTANTtodisposeofallwastedebrisgeneratedbytheCONSULTANT.

Alldebrisfromoperationsshallbecleanedupeachdaybeforetheworkcrewleavesthesite.Areasaretobeleftina conditionequaltoorbetterthanthatwhichexistedpriortothecommencementoftreeoperations.

StormWater
Nomaterialgeneratedduringworkoperationsispermittedtoenteranystormdrain.TheCONSULTANTisrequiredtoabidebytheCITYofOxnardStormwaterQualityManagement.IncludingallapplicableBestManagementPractices(BMPs)forthedurationofthecontract.

RecordKeeping
CONSULTANTshallmaintainandproviderecordsand/orassociateddrawingsofallrepairsdonetoanyCITYsystem.

Invoicing/Billing
Invoicingforservicesrenderedisrequiredforproperpayment.Theworkmustbeidentifiedontheinvoice. 19 205
AgreementNo._________________

EXHIBITB
CONSULTANT/PROFESSIONALSERVICEAGREEMENT(CITYofOxnardand__________.)

SCHEDULEOFCOMPENSATION
SAMPLE
JobClassification
PrevailingWageHourlyRate
PrevailingWageOvertimeHourlyRate
Laborer(entrylevel) $90.13 $97.25
Laborer(experienced) $94.81 $101.00
Journeyman N/A N/A
Supervisor N/A N/A
Foreman $119.00 $156.00
EquipmentOperator $117.19 $154.69
CementMason $97.97 $126.83
PipeFitter N/A N/A
Tradesman $87.00 $121.00
Other
Mobilization(HourlyRate) $200.00
MaterialMarkup(%) 15%
EmergencyServiceFee $0
DONOTADDANYADDITIONALCOMPENSATIONTERMSSUCHASPRICEADJUSTMENTSORMODIFICATIONS.CONTACTCAOFORASSISTANCE.[DeletethishighlightfromFinal] 20 206
AgreementNo._________________

EXHIBITC
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardand__________)

INSURANCEREQUIREMENTS
Priortocontractapproval,CONSULTANT/CONSULTANT/SELLER/BIDDER(hereafterreferredtoas“CONSULTANT”)mustprocure,agreetomaintainandsupplyevidenceofinsuranceatthelevelslistedandinaccordancewiththeotherprovisionslistedinthisdocument.

PLEASECOPYANDPASTEAPPROPRIATEINSURANCEDOCUMENTS
21 207
AgreementNo._________________

EXHIBITD
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardand__________)

LIVINGWAGEPOLICY
PursuanttotheLivingWagePolicyadoptedJuly9,2002bytheCityCouncilandeffectiveOctober1,2002,theCityManagerandCityAttorneyaredirectedtoincludethefollowinglanguageinallstandardConsultant/ProfessionalservicescontractsthatmaybegovernedbytheLivingWagePolicy.

A. CONSULTANTshallcompensateanyemployeeof CONSULTANTwhoprovidesservicesunderthisAgreementinaccordancewiththeLivingWagePolicy,attachedheretoandincorporatedhereinbyreferenceastheLivingWagePolicyExhibit.WhilethisAgreementisineffect,CONSULTANTshallpaysuchemployeenolessthan$18.89perhourforeachhourthatsuchemployeeprovidesservicesunderthisAgreement.Inaddition,whilethisAgreementisineffect,CONSULTANTshallprovidetosuchemployeenolessthan96hoursofpaidleavepercalendaryear.

B. CONSULTANTagreesto post,ata locationreadilyaccessibletothoseemployeesprovidingservicestotheCITY,acopyoftheLivingWagePolicyadoptedbyCityCouncilonJuly9,2002andeffectiveOctober1,2002.

C. IfCONSULTANTfailstocompensatesuchemployeepursuanttotheLivingWagePolicy, theCityManagerordesigneeshallterminatethisAgreementonwrittennoticetoCONSULTANT,effectiveimmediately.

D. Inaddition,ifCONSULTANTfailstocomplywiththeLivingWagePolicyinanymanner, CONSULTANTshallpaytoCITYafineof$500andshallpaytoanyemployeeprovidingservicesunderthisAgreementapenaltyofthreetimestheamountorvalueofthecompensationowedtosuchemployeeundertheLivingWagePolicy. CONSULTANTshallpaysuchfineandpenaltywithinfifteen(15)calendardaysaftertheCityManagerordesigneeprovideswrittennoticetoCONSULTANToftheamountowed. 22 208
AgreementNo._________________
CITYOFOXNARDLIVINGWAGEREQUIREMENTSEFFECTIVEJULY1,2023
CONSULTANTshallcompensateanyemployeeof CONSULTANTwhoprovidesservicesunderthisAgreementinaccordancewiththeLivingWagePolicy,attachedheretoandincorporatedhereinbyreferenceasExhibitD. WhilethisAgreementisineffect,CONSULTANTshallpaysuchemployeenolessthan$18.89perhourforeachhourthatsuchemployeeprovidesservicesunderthisAgreement.ThishourlyrateshallbeadjustedonJuly1,2024,andeachJuly1thereafter,accordingtothepercentagechangein theConsumerPriceIndex,allitems,preparedbytheBureauofLaborStatisticsfortheLosAngelesarearelatingtoallurbanconsumers(CPI-U),indexbase1982-84=100,comparingMayofthepreviousyeartoMayofthecurrentyear. Inaddition,whilethisAgreementisineffect,CONSULTANTshallprovidetosuchemployeenolessthan96hoursofpaidleavepercalendaryear. a. CONSULTANTagreesto post,ata locationreadilyaccessibletothoseemployeesprovidingservicestotheCITY,acopyoftheLivingWagePolicyadoptedbytheOxnardCityCouncilonJuly9,2002andeffectiveOctober1,2002. b. IfCONSULTANTfailstocompensatesuchemployeepursuanttotheLivingWagePolicy, theCityManagerordesigneeshallterminatethisAgreementonwrittennoticetoCONSULTANT,effectiveimmediately. c. Inaddition,ifCONSULTANTfailstocomplywiththeLivingWagePolicyinanymanner, CONSULTANTshallpaytoCITYafineof$500andshallpaytoanyemployeeprovidingservicesunderthisAgreementapenaltyofthreetimestheamountorvalueofthecompensationowedtosuchemployeeundertheLivingWagePolicy. CONSULTANTshallpaysuchfineandpenaltywithinfifteen(15)calendardaysaftertheCityManagerordesigneeprovideswrittennoticetoCONSULTANToftheamountowed. 23 209
AgreementNo._________________

EXHIBITE
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardand__________)

PREVAILINGWAGE

1. CONSULTANTacknowledgesthattheProjectdefinedin theAgreementbetweenCONSULTANTandCITYisa“publicwork”asdefinedinDivision2,Part7,Chapter1oftheCaliforniaLaborCode(“Chapter1”),andthatthisAgreementissubjecttoChapter1andtherulesandregulationsestablishedbytheDirectorofIndustrialRelations(“DIR”)implementingsuchstatutes.CONSULTANTshallperformtheProjectasapublicwork.CONSULTANTshallcomplywithandbeboundbyalltheterms,rulesandregulationsdescribedinChapter1andtheDIR’srulesandregulationsasthoughsetforthinfullherein.

2. PursuanttoLaborCodeSection1773.2,copiesoftheprevailingrateofperdiemwagesforeachcraft,classification,ortypeofworkerneededtoperformtheAgreementareonfileatCityHallandwillbemadeavailabletoanyinterestedpartyonrequest.CONSULTANTacknowledgesreceiptofacopyoftheDIRdeterminationofsuchprevailingrateofperdiemwages,andCONSULTANTshallpostsuchratesateachjobsitecoveredbythisAgreement.

3. CONSULTANTisrequiredtopostjobsitenotices,asprescribedbyregulation.SeeLaborCodeSection1771.4(a)(2).

4. CONSULTANTshallcomplywithandbeboundbytheprovisionsofLaborCodeSections1774and1775concerningthepaymentofprevailingratesofwagestoworkersandthepenaltiesforfailuretopayprevailingwages.CONSULTANTshall,asapenaltytoCITY,forfeitnotmorethan$200foreachcalendardayorportionthereofforeachworkerpaidlessthantheDIR’sdeterminedprevailingratesfortheworkorcraftinwhichtheworkerisemployedpursuanttothisAgreementbyCONSULTANToranysubcontractor.TheLaborCommissionershalldeterminetheamountofthepenaltyasdescribedinSection1775.

5. CONSULTANTshallcomplywithLaborCodeSection1776,whichrequiresCONSULTANTandeachsubcontractorto(1)keepaccuratepayrollrecordsandverifysuchrecordsinwritingunderpenaltyofperjury,(2)certifyandmakesuchpayrollrecordsavailableforinspection,and(3)informCITYofthelocationoftherecords.

6. CONSULTANTshallcomplywithLaborCodeSections1777.5,1777.6and1777.7andCaliforniaAdministrativeCodeTitle8,Section200etseq.concerningtheemploymentofapprenticesonpublicworksprojectsforallapprenticeableoccupations.BeforecommencingworkunderthisAgreement,CONSULTANTshallprovideCITYwitha copyof theinformationsubmittedto anyapplicableapprenticeshipprogram.Within60daysafterconcludingtheProject,CONSULTANT 24 210
AgreementNo._________________
andeachofitssubcontractorsshallsubmittoCITYaverifiedstatementofthejourneymanandapprenticehoursperformedunderthisAgreement.

7. CONSULTANTmaynotbedebarredorsuspendedthroughouttheAgreementTermpursuanttoLaborCodeSection1777.1or1777.7.Ifhe,sheoritbecomesdebarredorsuspendedintheAgreementTerm,CONSULTANTmustimmediatelynotifyCITY.

8. CONSULTANTisnotqualifiedtobidon,belistedinaBidproposal,orengageintheperformanceofanycontractforpublicwork,asdefinedinLaborCodeSections1720through1861,unlesscurrentlyregisteredandqualifiedtoperformpublicworkpursuanttoLaborCodeSection1725.5.CONSULTANTshallcontinuewithoutinterruptiontostayregisteredandqualifiedtoperformpublicworkpursuanttoSection1725.5forthedurationofthetermofthisAgreement.Thisprovisiondoesnotapplytoconstruction,alteration,demolition,installationorrepairworkof$25,000orlessortomaintenanceworkof$15,000orless.

9. CONSULTANTacknowledgesthat8hourslaborconstitutesalegalday’swork.CONSULTANTshallcomplywithandbeboundbyLaborCodeSection1810.

10. CONSULTANTshallcomplywithandbeboundbyLaborCodeSection1813concerningpenaltiesforworkerswhoworkexcesshours.CONSULTANTshall,asapenaltytoCITY,forfeit$25foreachworkeremployedintheperformanceofthisAgreementbyCONSULTANTorbyanysubcontractorforeachcalendardayduringwhichsuchworkerisrequiredorpermittedtoworkmorethan8hoursinanycalendardayand40hoursinanyonecalendarweekinviolationoftheprovisionsofDivision2,Part7,Chapter1,Article3oftheLaborCode.PursuanttoLaborCodeSection1815,workperformedbyCONSULTANT’semployeesinexcessof8hoursperdayand40hoursperweekshallbepermitteduponpublicworkuponcompensationforallhoursworkedinexcessof8hoursperdayatnotlessthan1½timesthebasicrateofpay.

11. TheProjectlistedintheAgreementissubjecttocompliancemonitoringandenforcementbytheDIR.

12. CONSULTANTshallbe responsiblefor eachandeveryoneof itssubcontractors’compliancewithChapter1,theDIR’srulesandregulations,andLaborCodeSections1860and3700.CONSULTANTshallincludeinthewrittencontractbetweenitandeachsubcontractoracopyof,andarequirementthateachsubcontractorshallcomplywith,thosestatutoryprovisions.CONSULTANTshallberequiredtotakeallactionsnecessarytoenforcesuchcontractualprovisionsandensuresubcontractors’compliance,includingwithoutlimitation,conductingaperiodicreviewofthecertifiedpayrollrecordsofeachsubcontractor, anduponbecomingawareofthefailureofthesubcontractortopayitsworkersthespecifiedprevailingrateofwages,CONSULTANTshalldiligentlytakecorrectiveactiontohaltorrectifyanyfailure. 25 211
AgreementNo._________________

13. To themaximumextent,CONSULTANTshallholdharmless,defend(withcounselapprovedbytheCityAttorney)andindemnifyCITY,itslegislativebodies,anditsofficials,officers,employeesandagentsfromanydemandorclaimfordamages,compensation,fines,penaltiesor otheramountsarisingoutoforincidentaltoanyactsoromissionslistedabovebyanypersonorentity(includingCONSULTANT, itssubcontractors,andeachoftheirofficials,officers,employeesandagents)inconnectionwithanyworkundertakenorinconnectionwiththeAgreement,includingwithoutlimitationthepaymentofallattorneys’feesandotherrelatedcosts.All dutiesof CONSULTANTunderthisSectionshallsurviveAgreementtermination. 26 212
Exhibit INS-AINSURANCE REQUIREMENTS FOR CONSULTANTS(WITH ERRORS AND OMISSIONS REQUIREMENT)1.Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.a.Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;b.Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”c.Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.d.Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.2.Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):City of OxnardInsurance ComplianceReference No. P.O. Box 100085 – OXDuluth, GA 30096Via Email: [email protected] Fax: 678-259-10073.Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.4.Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).5.The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 213
Exhibit INS-APage 27.All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.7/6/2022 214
Exhibit INS-APage 3INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMSCertificates of InsuranceThe 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 FormsOriginal endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.INS-A.doc 215
Exhibit INS-APage 4ACORD CERTIFICATE OF INSURANCEISSUE DATE (MM/DD/YY)PRODUCERTHIS 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-CODECOMPANIES AFFORDING INSURANCE COVERAGEINSUREDCOMPANYLETTER ASPECIFY COMPANY NAMES IN THIS SPACECOMPANYLETTER BCOVERAGESTHIS 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.COLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFFECTIVEDATE (MM/DD/YY)POLICY EXPIRATIONDATE (MM/DD/YY)LIMITSAGENERAL LIABILITY[x] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [x] OCCUR.[x] OWNER'S & CONTRACTOR'S PROT.GENERAL AGGREGATE $1,000,000PRODUCTS COMP/OP AGG .$1,000,000PERSONAL & ADV. INJURY $1,000,000EACH OCCURRENCE$1,000,000FIRE DAMAGE (Any one fire)$ MED. EXPENSE (Any one person)$ AAUTOMOBILE LIABILITY[x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITYCOMBINED SINGLE$1,000,000LIMITBODILY INJURY$ (Per person)BODILY INJURY$ (Per accident)PROPERTY DAMAGE$ AEXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORMEACH OCCURRENCE$ AGGREGATE$ AWORKERS' COMPENSATION ANDEMPLOYERS' LIABILITYSTATUTORY LIMITSEACH ACCIDENT$1,000,000DISEASE-POLICY LIMIT$1,000,000DISEASE-EACH EMPLOYEE$1,000,000AOTHERErrors and omissions insurance or malpractice insurance available for the insured's professionMinimum coverage$1,000,000Each consultant/$500,000& listed sub-consultantDESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSCERTIFICATE HOLDERCITY OF OXNARDAttn: Insurance Compliance Reference No._______ P.O. Box 100085 – OX Duluth, GA 30096Via Email: [email protected] Fax: 678-259-1007CANCELLATIONSHOULD 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 REPRESENTATIVERev. 7/6/2022INS-A.doc 216
Exhibit INS-APage 5GENERAL LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”)SUBMIT IN DUPLICATEENDORSEMENT NO.ISSUE DATE (MM/DD/YY)PRODUCERPOLICY INFORMATION:Insurance Company:Policy No.:Policy Period: (from) (to)LOSS ADJUSTMENT EXPENSE Included in Limits In Addition to LimitsTelephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage. Per Occurrence Per Claim(which)NAMED INSUREDAPPLICABILITY. 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 coveredCITY AGREEMENTS/PERMITSTYPE OF INSURANCEGENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COMPREHENSIVE GENERAL LIABILITY OWNERS & CONTRACTORS PROTECTIVEClaims MadeRetroactive Date OccurrenceOTHER PROVISIONSCOVERAGESLIABILITY LIMITS IN THOUSANDS $EACH OCCURRENCEAGGREGATE GENERAL PRODUCTS/COMPLETED OPERATIONS PERSONAL & ADVERTISING INJURY FIRE DAMAGE  CLAIMS: Underwriter’s representative for claims pursuant to this insurance.Name: Address: Telephone:( ) In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:1.INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.2.CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.3.SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.4.CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.5.PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.6.SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:a.Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; orb.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 HOLDERCITY OF OXNARDAttn: Insurance Compliance Reference No._______ P.O. Box 100085 – OX Duluth, GA 30096Via Email: [email protected] Fax: 678-259-1007AUTHORIZED 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. 7/6/2022INS-A.doc 217
Exhibit INS-APage 6AUTOMOBILE LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATEENDORSEMENT NO.ISSUE DATE (MM/DD/YY)PRODUCERPOLICY INFORMATION:Insurance Company:Policy No.:Policy Period: (from)(to)LOSS ADJUSTMENT EXPENSE Included in Limits In Addition to LimitsTelephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage. Per Occurrence Per Claim(which)NAMED INSUREDAPPLICABILITY. 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 INSURANCEOTHER PROVISIONSCOMMERCIAL AUTO POLICYBUSINESS AUTO POLICYOTHERLIMIT OF LIABILITYCLAIMS: 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.7.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.8.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.9.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.10.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.11.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"); orb.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 HOLDERCITY OF OXNARDAttn: Insurance Compliance Reference No._______P.O. Box 100085 – OX Duluth, GA 30096Via Email: [email protected] Fax: 678-259-1007AUTHORIZED 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. 7/6/2022INS-A.doc 218

CITY OFOXNARD
Terms andConditions
NOTE: BIDDERS ARE RESPONSIBLE TO READ ALL INFORMATIONTHAT IS STATED IN THIS DOCUMENT 1 | Page
Terms and Conditions 10/30/19
219

1.0 PUBLIC PURCHASEAs a Public Entity, the City of Oxnard (City) adheres to the transparent public bidding process, andutilizes the online web services of Public Purchase, www.publicpurchase.com, a third-party electronicbidding website that allows vendors to register for speciﬁc goods and services by selectinga NationalInstitution of Governmental Purchasing (NIGP) code as the commoditypart number. Uponregistrationwith Public Purchase, registered Bidder(s) will receive e-mail notiﬁcations of upcoming biddingopportunities for the items your companyidentiﬁed.Registeredbidder(s)willalsobeabletoviewall theopen bids, electronically respond to the bids, andsee bidresults whentheyare awarded. Additionally,registeredbidder(s) will receive notices of anyaddendums tothose bids,aswellashave theopportunitytopost questions andreceiveanswerspertainingtothatbid.Allquestionsandanswers arepostedon-lineso that all bidders have access to the same information regarding the bid.

Completion of this process will allow your business to participate in future City business biddingopportunities. It also provides the ability to maintain your data as your business grows or changes.

There is NO CHARGE to register for this service. Public Purchase has other services available for a fee,but that is solely at your discretion and not required to do business with the City.

Just a couple helpful hints before starting your registration:

First, bid notiﬁcations are based on registered e-mail addresses, hence, it is recommendedyou use a generic e-mail address for your company, if you have one, and a second emailaddress for a speciﬁc individual, if available. That way, if personal e-mail addresseschange, your organization still receives notiﬁcation of bidding opportunities.

Secondly, make sure your company has saved the user-name and password in a securelocation, so that it is accessible when you are not available.

Athirdpartywebbasede-Procurement service provider utilizedbythe Cityforsolicitations.Itwilltakeonly minutes to register and it is free. For future bidding, opportunities please also register online.Bidders must submit their questions online at www.publicpurchase.comandmust be inwrittenformat.All responses to Bidder’s questions will be posted online atwww.publicpurchase.com.

The City cannot guarantee you will receive notice of every opportunity to sell to the City; it isencouraged to visit our Purchasing website at https://www.oxnard.org/rfps-and-rfqs/ for BiddingOpportunities on a regular basis for a listing of current bid solicitations.

2.0 RETURN OF BID/CLOSING DATEa. All Proposals/Bids/Quotes shall be submitted electronically to PublicPurchase.comby 2:00PMPaciﬁc Time onthe closingdate listedinthe Bidder Response Form. Bid responsesnotreceivedbythe City’s purchasingdivisionbythe closingdateandtimewill notbeaccepted.The City will not be responsible for and will not accept late bids due to slowinternetconnection, or incomplete transmissions. If the Bidder cannot uploadthebid responsetothePublicPurchase.comwebsite, deliveryof the bidresponse is acceptedat the CityofOxnard,CityHall, PurchasingDivision,300WestThirdStreet,Oxnard,CA93030, onorbefore2:00PM PT.b. The Solicitation must be signed by anauthorizedagent anduploadedtothe Public Purchasewebsite or if mailing, placed in a sealed package marked “Bidder Solicitation, clearlymarkingthe solicitationdesignedbidnumber”. Postmarks will notbeacceptedinlieuofthisrequirement. Proposals/Bids/Quotes submitted to any other City oﬃce will be rejected. 220
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Terms and Conditions 10/30/193.0 RECEIPT AND OPENING OF PROPOSALS/BIDS/QUOTESProposals will not be openedpublicly. Quotes will beopenedpubliclyAnySolicitationreceivedaftertheestablished closing date and time will not be accepted. Solicitation results will be available afterProposals/Bids/Quotes have been reviewed.

4.0 WITHDRAWAL OF BIDSBidders may withdraw their Proposals/Bids/Quotes at any time prior to the due date and time bysubmitting notiﬁcation of withdrawal signed by the Bidder’s authorized agent. Proposals/Bids/Quotescannot be changed or modiﬁed after the date and time designated for receipt.

5.0 ADDENDA AND INTERPRETATIONNointerpretationofthemeaningofthespeciﬁcationsorotherSolicitationdocumentswillbemadeto anyproposer orally. Proposers are not to contact any individual other than the Buyer. AllProposals/Bids/Quotes must be submitted inaccordance withthe standards andspeciﬁcations containedwithin this solicitation.

6.0 PRICING/DELIVERY/TERMS/TAXAll pricing shall be quotedF.O.B. Destination, (e.g., cashterms less than20days shouldbe considerednet) excluding applicable tax, which is a separate line item. The City reserves the right to designatemethod of freight. The City pays California Sales Tax. Inthe event of anextensionerror, the unit priceshall prevail. Payment terms are net 30 after receipt of invoice.

7.0 PERIOD OF FIRM PRICINGUnless stated otherwise elsewhere in this document, prices shall be ﬁrm for the duration of thissolicitation. The City reserves the right to ask for an extension of ﬁrm pricing if conducting activeSolicitation evaluations.

No price increases will be permitted during the ﬁrst year of this Agreement (If applicable). All pricedecreases (for example, if Vendor/Contractor oﬀers lower prices to another governmental entity) willautomatically be extended to the City. The Cityrequires writtenproof satisfactorytothe City, upontheCity’s acceptance, of cost increases prior to any approved price adjustment. After the ﬁrst year of theaward, a minimumof 60-daysadvancenoticeinwritingisrequiredtobeconsideredandapproved bytheCity. No retroactive price adjustments will be considered. For Contracts, any price increases must bestatedina writtenamendment. The net dollar amount of proﬁt will remainﬁrmduringthe periodoftheAgreement. Annual increases shall notexceedtheConsumerPriceIndex-AllConsumers, AllItems,lessfood and energy – Los Angeles and be subject to satisfactory performance review by the City andapproved (if needed) for budget funding by City Council.

The City's obligation for payment of this solicitation and ensuing Agreement beyond the current ﬁscalyear end is contingent upon andlimitedbythe availabilityof Cityfundingfromwhichpayment canbemade, and invoices shall be rendered “monthly” in arrears. In the State of California, Governmentagencies are not allowedtopayexcess interest andlate charges, per GovernmentCodes,Section926.10.No legal liability on the part of the City shall arise for payment beyondJune 30of eachcalendar yearunless funds are made available for suchpayment. Inthe event that suchfunds are not forthcomingforany reason, City shall immediately notify Contractor in writing; and the Agreement shall be deemedterminated, have no further force, and eﬀect. 221
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Terms and Conditions 10/30/198.0 INQUIRIES BY BIDDERSRequests for explanation must be submitted via the PublicPurchase.com website by the timedesignated in the solicitation “Last Day for Questions”. The Purchasing Agent, or duly authorizedpersonnel, will post a response to the inquiries via the Public Purchase website.

9.0 SPECIFICATION/CHANGES (Request for Bids only)Whenever brandnames are used, the words "or equal" shall be consideredtoappear andbeapartofthespeciﬁcation. If youare quotinganother make or model, cross out our nomenclature andinsert yours. Ifnomakeormodelisstipulated,insertyours.Attachapplicablespeciﬁcationsand/orbrochures. Variationsinmanufacturers, design, etc., maybeacceptable.Biddersareencouragedtooﬀer alternatives.However,the City reserves the right to reject those alternatives as nonresponsive.

10.0 CANCELLATION OR MODIFICATION OF PROCUREMENTa. The City reserves the right to modify or terminate the solicitation process at any time. TheCity may amend or modify the project scope of services prior to the awardof contract, asnecessity may dictate, reject any and all Proposals/Bids/Quotes submitted (and rebid, ifnecessary), accept any or all Proposals/Bids/Quotes submitted, negotiate withanyqualiﬁedsource, or cancel, in part or in its entirety, this solicitationif it is inthe best interest of theCity.b. The procurement process may be canceled after opening, but prior to award if the Citydetermines that cancellationis inthe best interest of the Cityfor reasons (butnotlimitedto)such as:

1. Inadequate, ambiguous, or otherwise deﬁcient speciﬁcations.2. The services are no longer required.3. Proposals/Bids/Quotes received are at an unreasonable cost.4. Solicitation did not arrive in open competition, were collusive, or not submittedin good faith.5. The City determines, after analysis of the Proposals/Bids/Quotes that its needs canbe satisﬁed through a less expensive method.c. All Proposals/Bids/Quotes will become the property of the City, and all such informationsubmitted in connection to this solicitation becomes public record, and may be disclosedthrough the Public Records Act. The City may keep submissions and negotiationsconﬁdential untilCityCouncilapprovestheﬁnalcontractand/oraPurchaseOrdercontract isissued. Proposals/Bids/Quotes may containﬁnancial statements or other information whichconstitute a trade secret. In order to protect such data fromdisclosure, please identify thepages byclearlymarkingtheapplicablepagesasconﬁdential.Pleasenote;disclosureof suchdata considered conﬁdential by Bidder will only be withheld to the extent that the Citydetermines that disclosure is improper under applicable law. It is important to further notethat California law weighs heavily in favor of disclosing records submitted through asolicitation process. The City assumes no responsibility for disclosure or use of unmarkeddata for any purpose.d. This solicitationdoes not commit the Citytoawarda contract or topayanycosts incurredin 222
the preparation of a Solicitation in response to this request. The City reserves the right toaccept or reject any or all Proposals/Bids/Quotes received because of this request, tonegotiate with any qualiﬁed source or to cancel in part or in its entirety this Request ofProposal/Request for Bid if it is in the best interest of the City. 4 | Page
Terms and Conditions 10/30/1911.0 PUBLIC RECORDSAll Proposals/Bids/Quotes submittedinresponse tothis solicitationbecome the propertyoftheCityandunder the Public Records Act (Government Code section6250et. Seq.), are public records, andas suchmay be subject to public review. However, the Proposals/Bids/Quotes shall not be disclosed untilnegotiations are complete and recommendation for selection and award is made to the City Council.If a proposer claims a privilege against public disclosure for trade secret or other proprietary information,such information must be clearly identiﬁed in the Solicitation. Note that under California law, pricessubmitted in the proposal to a public agency is not a trade secret.

12.0 CITY BUSINESS LICENSEA business tax certiﬁcate is required before conducting any business, trade, profession, enterprise,establishment or occupation within the city limits– even if your business is located outside of the citylimits, or you have a business license or tax certiﬁcate from another city.

The majority of the City business tax certiﬁcate applications are available on line atwww.oxnard.org/btcapplication/or by calling the BusinessTax oﬃce 805.385.7817.

13.0 WHO NEEDS A BUSINESS TAX CERTIFICATEAnypersonwhoconducts anybusiness, trade, profession, enterprise, establishment oroccupationwithinthe cityshall obtaina business taxcertiﬁcatewhetherornotthephysicalbusinessaddressisinoroutsideof the City.

14.0 WHEN TO GET A BUSINESS TAX CERTIFICATEA business tax certiﬁcate is required before conducting any business, trade, profession, enterprise,establishment or occupation–regardless of whether your business is locatedoutside of thecitylimitsoryou have a business tax certiﬁcate from another city.

15.0 SUBMISSION OF PROPOSALS/BIDS/QUOTES (Preparation of Responses)Before submittinga Solicitation, eachBidder is expectedtothoroughlyexamine thespeciﬁcationsinthesolicitation,andallotherrelatedcontractualdocumentsincludedinthissolicitation,including subsequentamendments to the solicitation. Failure to dosowill be at the Bidder’s risk, andshall bar the Bidder’sobligation to perform if a contract is awarded pursuant to this solicitation.Each Bidder shall reviewand complete all the Attachments according totheir instructions, andsubmitthemas partoftheSolicitation.EachBiddermustbesatisﬁedbypersonalexaminationandbysuch othermeans as it may prefer, as to the actual conditions and requirements under whichthe contract will beperformed.

The awardedBidder agrees toextendthe same pricing,terms,andconditionsasstatedinthisAgreement 223
to every political entity, special district, andrelatednon-proﬁt entity. It is understoodthat other entitiesshall make purchases in their own name, make direct payment, and be liable directly to the awardedBidder; and City shall in no way be responsible to the awarded Bidder for other entities’ purchases.

16.0 FORMATUse the electronic format providedbyPublicPurchase.com. Ifsubmittingmorethanonebid,separatethebid documents. Proposals/Bids/Quotes must be typed uniformly on letter size (8 ½” x 11”) sheets ofwhite paper, eachsectionclearlytitledwithlabelsidentifyingeachTabbedsection,andeachpage clearlyand consecutively numbered. 5 | Page
Terms and Conditions 10/30/19Proposals/Bids/Quotes must be clean and suitable for copying. Proposals/Bids/Quotes must be speciﬁcuntothemselves. For example, “See EnclosedManual” will not beconsideredanacceptableSolicitation.Receipt of all addenda, if any, must be signed and included in the Solicitation.

17.0 MODIFICATION OF PROPOSALS/BIDS/QUOTESAny Bidder who wishes to make modiﬁcations to their Solicitation already received by the City mustwithdrawhis/her Solicitationinorder tomake the modiﬁcations. All modiﬁcations must be made inink,properly initialed by Bidder’s authorizedrepresentative, executed, andsubmittedinaccordance withtheterms and conditions of this solicitation. It is the responsibility of the Bidder to ensure that modiﬁedProposals/Bids/Quotes are resubmitted before the solicitation submittal deadline.Bidders are advisedthat the Cityreserves the right toamendtherequirementsofthissolicitationpriortothe date set for opening of bids, including, but not limitedto, extendingthe Solicitationdeadline. Suchrevisions will be done formally by publishing changes via the Public Purchase website.

18.0 EVALUATION PROCESS (Request for Proposals only)The Proposal shall be concise and to the point. A letter format in suﬃcient detail to allow thoroughevaluation and analysis is required. Proposals will be evaluated based on criteria determined to beappropriate by the City, which may include, but not necessarily limited to the following: a. Responses tothe Request for Proposal for completeness to therequirements.b. The quantity and locations of facilities. (If applicable)c. Bidder’s experience and ability.d. Technical capability and project methodology.e. Overall cost to the City. In no event will the City be limited to selecting a successfulBidder based solely upon total cost submitted.f. References with demonstrated success with similar work to the Scope of Service.g. Clariﬁcation, Exceptions or Deviations.h. Credential/Resumes/Licenses/Certiﬁcations.i. Contractor’s ability to provide future maintenance, repair parts and/or services. j.Any other factors the City determines to be appropriate.

All Proposals/Bids/Quotes will be given thorough review. All contacts during the bidding process andreview selection phase must contact the City’s Purchasing Division Buyer.Attempts by the Bidder tocontact any other the City representative may result in disqualiﬁcation of the Bidder.All evaluationmaterial will be consideredconﬁdentialand not releaseduntil after award. The City reserves the right tosplit or make the award that is most advantageous to the City. 224

19.0 ORAL PRESENTATIONSDuring the evaluation process, the City may, at its discretion, request anyone or all ﬁrms tomakeoral presentations. Suchpresentationswillprovideﬁrmswithanopportunitytoanswerany questionsthe City may have on a ﬁrm’s Proposal. Not all ﬁrms may be asked to make such oral presentations.

20.0 AWARD OF CONTRACTa. The award of the contract will be made to a responsive and responsible proposer whoseSolicitation best meets the needs of the City. The successful proposer will enter into acontract with the City incorporating all prescribed requirements and conditions of thisrequest for Solicitation. 6 | Page
Terms and Conditions 10/30/19If the successful proposer refuses or fails to execute the contract, the City may consider thenext most qualiﬁed proposer. The City shall be the sole judge as to the successful proposer. b. TheCity reserves the right to reject any or all responses to this solicitation and to waive anyinformality or irregularity in this solicitation or in responses, to negotiate with all qualiﬁedsources, or to cancel, in part or in its entirety, this solicitation, in the best interest of the City. TheCity reserves the right to request more information for clariﬁcation or due to omission ofinformation. Proposers may be asked to make an oral presentation as part of the evaluationprocess. This solicitation does not commit the City to award a contract, or to procure or contractfor services or goods.c. The award will be made, in whole or in part, to the responsive, responsible Bidder whosesolicitation is most advantageous to the City; price, delivery, and other factors considered.The City recognizes that prices are only one of several criteria to be used in judging an oﬀerand the City is not legally bound to accept the lowest oﬀer.d. The City reserves and may in its sole discretion, exercise any one or more of the followingrights and options with respect to the solicitation selection:

1. Toissue a notice ofintenttocontractand/orexecuteacontractforanyorallofthe itemsinanySolicitation, inwhole or inpart, as the City, initssolediscretion, determinestobe in the City’s best interest;2. To discontinue negotiations with any applicant at any time prior to the execution of aﬁnal contract, whether or not a notice of intent to contract has been issued to theapplicant, andtoenter intonegotiations withanyother applicant, if the City, initssolediscretion, determines it is in the best interest of the City to do so;3. To rescind, at any time prior tothe executionof a ﬁnal contract, anynotice of intent tocontract issuedtoanapplicant, andtoissue or not issue anoticeofintenttocontracttothe same or a diﬀerent applicant and enter intonegotiations withthat applicant, if theCity, in its sole discretion, determines it is in the best interest of the City to do so;4. To elect not to enter into any contract with any applicant, whether or not a notice ofIntent to Contract has been issued and with or without the reissuing the notice ofcontract opportunity, if the City determines that it is in the City’s best interest to do so5. To reject any or all oﬀers, to waive any discrepancy, any irregularity, or technicalitywhich the City deems reasonably correctable or otherwise not warranting rejection ofthe solicitation.6. To split or make the award in any manner determined by the City to be mostadvantageous to the City. 225
Before award, proposers may be required to furnish evidence of capability, equipment, and ﬁnancialresources to adequately perform the job. The Proposals/Bids/Quotes of proposers found not to bequaliﬁed may be rejected.

21.0 BID PROTESTSa. All protests shall be in writing and state that the bidder is submitting a formal protest, and theprotesting vendor is responsible to assure the protest is received within the protest deadlines. IfPurchasingdoes not receive the protest withinoneweekoftheopeningofresponses,theprotestmaybe rejected. The mailing address for all protests, or the vendor may email the buyer, is:

Physical Address:City of Oxnard City HallPurchasing Division300 West 3 rd
St. 2
nd
. FloorOxnard, CA 93030 7 | Page
Terms and Conditions 10/30/19b. Failure to provide the following information could result in rejection of vendor’s protest:

1. Company name, mailing address, phone number, and name of company individualresponsible for submission of the protest.

2. Email address for communication, clariﬁcation, and disposition of the pending protest.

3. The City’s bid number, bid title, closing date and proposed award date of the solicitation.

4. The speciﬁc action or decision protested.

5. The basis for the protest.

6. Indicate what relief or corrective action the City should make.

7. Vendor must demonstrate that every reasonable eﬀort was made within the scheduleprovided for this protest to be resolved, andthe basis of the protest duringthe process,including asking questions, seeking clariﬁcation, requesting addenda, and otherwisealerting the City to any perceived problems.

8. Protest letters must be signed by an authorized agent of the company or if send via email;the email must be sent by an authorized agent of the company. c. Grounds for Protest-A formal protest must containthe following to be considered:

1. A speciﬁc identiﬁcation of the statutory or regulatory provision(s), if applicable, that thealleged action is in violation.2. A speciﬁc description of each act alleged to have violated the statutory or regulatoryprovision(s), in applicable.3. A precise statement of the relevant facts and identiﬁcation of the issue or issues needingaddressed.4. Complaints about events or decisions made before the Solicitation deadline. 5. Complaintsthat the Solicitation unduly constrains competition through improper minimum qualiﬁcationsor speciﬁcations. 226

6. Complaints that the pre-bid conference was not fair or accessible. Please note that biddersmust attend in person all mandatory pre-bid conferences.7. Complaints that solicitation questions were not fully or properly addressed by the City. 8.Complaints that the solicitation did not provide adequate information or contained impropercriteria.

22.0 OTHER TERMS AND CONDITIONSThe terms and conditions as indicated in this document and/or attached are hereby included with fullforce and like eﬀect as if set forthherein. The Cityshall not be liable for anyexpenses incurredbyanyproposer prior to issuing the contract. The selected Consultant/vendor will be required to sign and beboundbya CityAgreement (“Agreement”). Proposer must meet all insurance requirements foundintheAgreement (Separate document). 8 | Page
Terms and Conditions 10/30/1923.0 LIVING WAGE POLICY (If applicable)With certain exceptions, the City requires vendors to pay all employees who provide services under aCityservices agreementinaccordancewiththeLivingWagePolicy.ThatPolicyisprovidedasan exhibittothe contract that is attached. Currently,vendorssubjecttothePolicymustpaysuchemployees atleast$16.19 per hour for each hour that such employee provides services under the agreement, and thatamount increases onceayear.Inaddition,whiletheagreementisineﬀect,thatvendormust providesuchemployees withnoless than96hours of paidleave per calendar year. If thisworkrequires thepaymentof both living wage and prevailing wages, the vendor will pay the higher of the two wages.

The City’s Living Wage Policy is non-negotiable. Any bidder who submits a bid under this RFB has, bydoing so, agrees to comply with the Policy.

24.0 PREVAILING WAGES (If applicable)If the service performedinthe RFBis considereda “public work” project,theservicesaresubjecttotherequirements of Division2, Part 7, Chapter 1of the Labor CodeandTitle8,Division1,Chapter8oftheCalifornia Code of Regulations (“CCR”). The vendor and all of its subcontractors must pay wages inaccordance with the determinationof the Director of the DIR. Copies of these rates are onﬁle withtheBuyer and will be made available to any interested party on request. They are also available athttp://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The vendor must post a copy of the DIR’srates at each job site. This workis subject tocompliance monitoringandenforcement bythe DIR. Thevendor andits subcontractors must furnishcertiﬁedpayroll records directlytothe Labor Commissioner.The vendor and its subcontractors are not qualiﬁed to bid on, be listed in a bid, or engage in theperformance of any contract for public work, as deﬁned in Labor Code Sections 1720 through 1861,unless registeredandqualiﬁedtoperformpublicworkpursuanttoLaborCodeSection1725.5atthe timeof bid submission. If this work requires the payment of both living wage and prevailing wages, thevendor will pay the higher of the two wages.

25.0 SMALL LOCAL BUSINESS PURCHASING PREFERENCE
a. The City oﬀers a bidding preference for small local businesses. A “small local business” is deﬁned as abusiness entity that meets all of the following criteria:
227

1. Has for at least 36 months immediately preceding submittal of its bid held a current Citybusiness license;2. Has for at least 36 months immediately preceding submittal of its bid maintained within theCity’s geographic boundaries its principal business oﬃce (as deﬁned below);3. Has average annual gross receipts of $20 million or less over the 36 months immediatelypreceding submittal of its bid; and4. Employs fewer than 100 employees. b. Additionally, a small local business must certify one of the following:1. At least 50 percent of its employees are Oxnard residents and have been Oxnard residents for atleast 90 days prior to submission of the bid; or2. If the bidder intends to hire employees and/or obtain subcontractors for the work, the biddersubmitswithitsbidacertiﬁcationconﬁrmingithasveriﬁeditsownproposedemployeebase forperformance of the contract and conﬁrmed with all subcontractors providing bids used toformulate the contractor’s bidthat at least 50percent ofthelaborhoursdevotedtoperformanceof the contract will be provided by City residents. This option is only available for tradeservices or construction contracts. 9 | Page
Terms and Conditions 10/30/19c. A “principal business oﬃce” is deﬁned as:1. The place where the principal oﬃcers or owners generally transact business, to which reports aremade, and from which orders and payments are made; and2. The place which the business represents to government authorities as its principal oﬃce orprincipal place of business; Please note that under City Code Section 4-2, youmaybe subject toanaudit andmaybe requiredtoprovide proof of compliance with the requirements of the Section. Youwill be subject topenalties forfalsely claiming tobe a Small Local Business under the Section. More informationis available at CityCode Section 4-2.

If you wish to certify as a small local business, please submit the certiﬁcation available in the biddocument with the rest of your bid.

26.0 INVESTIGATIONSThe City may make such investigations as necessary todetermine the abilityof the bidder toperformthe services as required. The City reserves the right to reject anybidif the evidence submittedby, orinvestigation of, such bidder fails to satisfy the City that the bidder is qualiﬁed to carry out theobligations of the contract.

27.0 FEDERAL EXCLUSION LIST (If applicable)If the award is federal or State funded, the potential bidder must go to the following website(https://www.sam.gov/portal/public/SAM) andsubmitaprintoutwiththeirproposalthat veriﬁesthatthecontractor is not listedonthe ExcludedParties ListingSystem(EPLS)(Executive Order12549,7CFRPart 3017, 45CFRPart 76,and44CFRPart17).Ifawardedacontract,awarded vendormustnotifytheCity immediately if debarred at any time during the contract period.

28.0 USE BY OTHER POLITICAL ENTITIES
228
The Bidder agrees to extend the same pricing, terms, andconditions as statedinthis procurement andensuing Agreement toeachandeverypolitical entity, special district, andrelatednon-proﬁt entity. It isunderstood that other entities shall make purchases in their own name, make direct payment, and beliable directlytothe Bidder; andthe Cityshall innowayberesponsibletotheBidderforotherentities’purchases. 10 | Page
Terms and Conditions 10/30/19
229
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
230
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
231

5. Special Districts Agreement 32400250 Cost Breakdown.xlsx Total ESTIMATED Charges Per District Per FY FY23-24 (6 Months)FY24-25 (12 Months)FY25-26 (12 Months)FY26-27 (12 Months)FY27-28 (12 Months)FY28-29 (12 Months)FY29-30 (6 Months)5-Year Term Grand ESTIMATED TotalsDistrict FY24 ESTIMATED Total FY25 ESTIMATED Total
FY26 ESTIMATED Total
FY27 ESTIMATED Total
FY28 ESTIMATED Total
FY29 ESTIMATED Total
FY30 ESTIMATED TotalLMD No. 3 (River Ridge)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) MAD No. 4 (Mandalay Beach)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) LMD No. 10 (Country Club Estates)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 11 (St. Tropez)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 12 (Standard Pacific)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 13 (Le Village)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 14 (California Cove)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 16 (California Lighthouse)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 23 (Greystone)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 24 (Vineyards)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 25 (Pointe) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 27 (Rose Island)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 28 (Harborside)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) LMD No. 30 (Haas Automation)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 31 (Rancho De La Rosa)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 32 (Oak Park)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 33 (El Paso) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 34 (Sunrise Pointe & Sunset Cove)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 36 (Villa Santa Cruz & Villa Carmel)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) LMD No. 37 (Pacific Breeze)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 38 (Aldea Del Mar)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 39 (El Sueno Promesa) - 74.36%($ 839.00) ($ 1,703.00) ($ 1,750.00) ($ 1,801.00) ($ 1,853.00) ($ 1,906.00) ($ 966.00) ($ 10,818.00) LMD No. 39 (DR Horton/Seawinds) - 25.64%($ 290.00) ($ 587.00) ($ 605.00) ($ 621.00) ($ 639.00) ($ 659.00) ($ 334.00) ($ 3,735.00) LMD No. 40 (Cantada) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 41 (Pacific Cove)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 42 (Cantabria & Coronado)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 43 (Greenbelt)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 46 (Daily Ranch)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 47 (Sycamore Place)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 49 (Cameron Ranch)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 50 (Pleasant Valley Senior Housing)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 51 (Pfeiler) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 52 (Wingfield)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 53 (Huff Court)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 54 (Meadow Crest Villas)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 55 (Wingfield West)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 58 (Westwind)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 60 (Artisan) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) WAD Zone 1 (Mandalay Bay) - 90.26%($ 1,263.00) ($ 2,533.00) ($ 2,605.00) ($ 2,679.00) ($ 2,756.00) ($ 2,836.00) ($ 1,438.00) ($ 16,110.00) WAD Zone 2 (Harbour Island) - 9.74%($ 314.00) ($ 353.00) ($ 361.00) ($ 369.00) ($ 378.00) ($ 386.00) ($ 195.00) ($ 2,356.00) CFD 2000-3 (Oxnard Boulevard/Highway 101)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 1 (Westport Bonded)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 2 (Westport) ($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 3 (Seabridge Bonded)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 4 (Seabridge) ($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 5 (Riverpark) ($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 8 (Sakioka Farms)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) AD 2000-1 (Oxnard Boulevard/Highway 101)($ 3,182.00) ($ 6,453.00) ($ 6,632.00) ($ 6,815.00) ($ 7,005.00) ($ 7,199.00) ($ 3,649.00) ($ 40,935.00) AD 2001-1 (Series 2012 Refunding)($ 3,182.00) ($ 6,453.00) ($ 6,632.00) ($ 6,815.00) ($ 7,005.00) ($ 7,199.00) ($ 3,649.00) ($ 40,935.00) ESTIMATED TOTALS($ 79,916.00) ($ 161,827.00) ($ 166,482.00) ($ 171,227.00) ($ 176,132.00) ($ 181,089.00) ($ 91,811.00) ($1,028,484.00) 232
Agreement 32400250 with NBS Government
Finance Group for Special District
Administrative, Professional, and Technical
Services
Public Works & Transportation Committee, November 28, 2023 City Council, December 19, 2023
Eric L. Storrie
Special Districts Manager
233
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute the Agreement with NBS Government
Finance Group for ongoing administrative, professional, and technical services for the Special Districts Division in the amount not to exceed $1,028,484 for the maximum five year term of the Agreement, with the initial agreement term of three years, ending December 31, 2027, after which the Agreement may be extended for two additional one-year terms with a fully extended final term ending on December 31, 2029.

RECOMMENDATION 2
234
That the City Council approve and authorize the Mayor to execute the Agreement with NBS Government Finance Group for ongoing administrative, professional, and technical services for the Special Districts Division in the amount not to exceed $1,028,484 for the maximum five year term of the Agreement, with the initial agreement term of three years, ending December 31, 2027, after which the Agreement may be extended for two additional one-year terms with a fully extended final term ending on December 31, 2029.

RECOMMENDATION 3
235
MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD 4
More information can be
found at:
oxnard.org/specialdistricts
236
• 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 bonded and non-bonded Community Facilities
Districts (“CFDs”), Landscape Maintenance Districts
(“LMDs”), Waterways Maintenance Assessment Districts
(“WADs”), and a Maintenance Assessment District (“MAD-
4”).
• 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
237
• Properties within each District are assessed in an annual parcel charge for the purposes of maintaining the
improvements and other authorized services, such as
consulting, within their District.
• NBS Government Finance Group (“NBS”) specializes in the administration of California special financing districts and provides services such as database development, budget
preparation, assessment computation, analysis, and
engineer reports.
• Since 2017, the City contracted with NBS to provide
administrative support to the Special Districts Division, such as budget preparation and the Engineer’s Report.

BACKGROUND 6
238
• On-call services are included to support Division operations. • For example, when a resident is buying or selling a home and wants to know what the special tax payoff amount is for their APN. This is not a request that staff have the
knowledge, skills, or abilities to answer and requires on-call administrative assistance from NBS.
• In February 2023, Special Districts entered into a negotiated sole source agreement with NBS for the administration of Special Districts while the solicitation for the long-term consulting services was developed and bid.
• The current agreement (32300207) expires on December
31, 2023.

BACKGROUND 7
239
• The Purchasing Department released a Request for
Proposals (“RFP”) PW24-02 for Special Districts
Administrative Professional and Technical Services on
August 16, 2023 with a proposal due date of September 11, 2023.
• The RFP received a total of one (1) proposal (NBS)
• The proposal was reviewed by the Purchasing and the
Special Districts staff with a determination that NBS met the requirements of the solicitation scoring criteria listed in RFP PW24-02.

DISCUSSION 8
240
• The evaluation method consisted of the following:
• Proposer’s ability and history in providing the requested services or work for public agencies of similar size,
population, and need as the City.
• Responsiveness of the proposal and the clarity and
completeness of the proposed Scope of Work.
• Demonstrated technical competence and experience to
perform the services or work requested in the RFP.
• Past record of performance of similar work or service as determined by all available information.
• Cost Proposal.

DISCUSSION 9
241
• Staff has confirmed that NBS 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 and staff believe the contractor is capable of satisfactorily providing services.
• All services provided will be based on available funding within the individual districts.
• As with all other on-call services, NBS will only be
compensated for those services that are actually provided. • This new Professional Services Agreement is a stand-alone agreement and not an extension of the previous Agreement and/or Amendments.

DISCUSSION 10
242
• The total cost of this Agreement, if extended to its maximum allowable term of five (5) years, shall not exceed
$1,028,484.
• Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over year. • The estimated spending plan for the remainder of Fiscal Year 2023-24 is $79,916 commencing January 1, 2024.
• Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be
requested through the annual budget process.

FINANCIAL IMPACT 11
243

QUESTIONS
12 244

Public Works & Transportation CommitteeNovember 28, 2023

Public Works & Transportation Committee
November 28, 2023