Agenda packet — Oxnard City Council, December 5, 2023 (part 2 of 2)

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.3

DATE: December 5, 2023

TO: City Council

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

SUBJECT: Agreement 32400156 with Roesling Nakamura Terada Architects, Inc. for Architecture and Engineering Services for the Wastewater Division New Maintenance Building Project. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to Execute an Agreement with Roesling Nakamura Terada Architects, Inc. in the amount of $1,000,000 for Architectural and Engineering Services.

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

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

BACKGROUND

The existing Oxnard Wastewater Treatment Plant (OWTP) Maintenance Building was constructed in 1978. The 9,032 square-foot structure contains office space, a breakroom, a paint booth, a machine shop, equipment storage, locker rooms, and other employee services. The original design was based upon one-third of the current staff size and is no longer suitable for modern operations. Additionally, the plumbing, roof, and electrical systems have reached the end of their useful life and require expensive maintenance efforts or stay inoperable. The concrete masonry building structure met the building code at the time of construction (1970s) but does not meet the current building seismic code.

Capital Improvement Program (CIP) Reference:

Project No. C2236 - Wastewater: Maintenance Building Expansion - CIP 2022-2027 - Adopted May 3, 2022 - Page 110.

DISCUSSION

The OWTP Maintenance Building houses the people and equipment for daily plant repairs and is an integral part of maintaining the operation of the OWTP. This project will provide adequate office space, training facilities, locker rooms, and other employee facilities for the fully staffed maintenance group. In addition, there will be secured storage for the division's heavy equipment & vehicles and a fabrication shop for replacement parts and repairs. The new maintenance building will facilitate regular maintenance and repairs to the OWTP, protecting the investment the ratepayers are making through the capital improvement program.

The Purchasing Department published Request for Proposal (RFP) PW 23-101 for Architecture and Engineering Services for Oxnard Wastewater Treatment Plant New Maintenance Building Project on April 18, 2023, with a proposal due date of June 1, 2023. RFP PW 23-101 received a total of three (3) proposals with proposed fees from the following architectural firms:
296

Roesling Nakamura Terada Architects, Inc. (RNT) $999,751 RRM Design Group $1,666,450 Arcadis $1,117,499

Proposals were reviewed by three (3) staff members consisting of the Wastewater Division Manager, a Senior Civil Engineer, and an Associate Engineer. The scoring criteria consisted of the proposer’s relevant experience, responsiveness, technical competence, past record of similar work, capacity to complete the scope of work, and proposed cost. Staff have also confirmed that RNT Architects meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information, research performed to date, and interviews with the three firms, staff believes that RNT Architects is capable of satisfactorily providing the necessary services and recommends awarding the professional services agreement.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with RNT Architect shall not exceed $1,000,000 for the design and construction phase architectural and engineering support for the OWTP New Maintenance Building Project. There are as-needed costs of $249 included for any additional or unforeseen costs needed as related directly to the design services for this project. The OWTP New Maintenance Building Project No. C2236 with available project funding of $3,350,000 is being funded from the Wastewater Operating Fund (611).

For Finance Use Only: Wastewater Operating Fund (Org. 6111001 Obj. 59800-Transfer Out), Wastewater Capital Fund (Org. 6123610 Obj 53200 / 49300-Transfer In) Project C2236

COMMITTEE OUTCOME

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32400156

2. Presentation

297
CON

SULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND ROESLING NAKAMURA TERADA ARCHITECTS, INC.

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

1. SU
MMARY DESCRIPTION OF SERVICES. Architectural and Engineering Services for Oxnard Wastewater Treatment Plant New Maintenance Building.

2. P
ARTIES.

C
ITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 R
oesling Nakamura Terada Architects, Inc. (“CONSULTANT”), a corporation of the State of California, located at 285 North Ventura Ave., Suite 102, Ventura, California 93001

3. T
ERM OF AGREEMENT: From: December 6, 2023 To: December 5, 2024 3 .1 Time is of the essence in this Agreement.
3 .2 The CITY shall have the option for (2) two consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension. 3 .3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement. 3 .4 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

4. A
GREEMENT AMOUNT NOT TO EXCEED: $ 1,000,000.

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5. AG
REEMENT EXHIBITS.

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

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

6. DESI
GNATED REPRESENTATIVES.

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

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Jan Hauser Name: Christopher Bradbury
Title: Wastewater Division Manager Title: Principal Phone: 805-271-2205 Phone: 805-626-5333
Email: [email protected] Email: [email protected]

Mailing Address (if differs from above): Mailing Address (if differs from above):
6001 Perkins Road
Oxnard, California 93033

7. CONTRACTUAL PREREQUISITES.

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

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

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

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

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

8. CONSULTANT'S SERVICES.

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

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

9. COMPENSATION.

CITY shall pay CONSULTANT for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement and may be subject to approval by the City Council.

Any allowable request for price adj ustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.

10. PAYMENT & INVOICES.

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Th
e CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

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

10.2 Non-Appropriation of Funds. Payments to be made to CONSULTANT by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY.

In the e vent CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

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

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

11. OPTION TO EXTEND AGREEMENT.

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

12. MODIFICATION OF AGREEMENT.

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Thi
s Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard City Code, Sections 4-59 and 4-60.13. TERMINATION OF AGREEMENT.

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

14. INDEPENDENT CONTRACTOR

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

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

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

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

15. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate Agreement No. 32400156

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perm
its, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

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

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

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

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

17.2. Deliverables. CONSULTANT shall de liver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's services.

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

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer Agreement No. 32400156

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so
ftware furnished by CONSULTANT without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

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

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or info rmation belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (see Government Code Sections und er 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510 (f)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

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

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

18. ASSIGNMENT.

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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ther Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the bre aching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

20. NOTICE.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 A s a separate and independent covenant from CONSULTANT’s obligations under this section, CONSULTANT shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connecti on with CONSULTANT’s performance of this Agreement or CONSULTANT’s failure to comply with any of its obligations contained in this Agreement.

Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and Agreement No. 32400156

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admi
nistrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. CONSULTANT’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from CONSULTANT’s duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve CONSULTANT from its separate and distinct obligation to defend the Indemnitees.

The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if CONSULTANT asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

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

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

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection 23.3 shall be construed to require CONSULTANT to provide indemnification for claims caused by the active negligence or willful misconduct of the Indemnitees. 23.4 The review, acceptance or approval of CONSULTANT’s work or work product by any of the Indemnitees shall not affect, relieve or reduce CONSULTANT ’s ind emnification or defense obligations. CONSULTANT waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this Agreement. The provisions of this Agreement No. 32400156

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tion shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The CONSULTANT ’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

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

24. INSURANCE.

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

CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

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

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less Agreement No. 32400156

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when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR). To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

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

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

27. IRAN CONTRACTING ACT

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

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

28. CONFLICT OF INTEREST

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

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29. [R
ESERVED]

30. DISPUTES.

Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of t he Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

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

32. AUDIT.

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

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

Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately Agreement No. 32400156

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obtai
ning those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

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

34. NONDISCRIMINATORY EMPLOYMENT.

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

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY.

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

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied Agreement No. 32400156

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cov
enant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.

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

42. INCONSISTENT OR CONFLICTING TERMS.

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

43. CAPTIONS AND HEADINGS.

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

44. ACKNOWLEDGEMENT.

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

[Signatures on next page]

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

CITY OF OXNARD ROESLING NAKAMURA TERADA
ARCHITECTS, INC.

☐John C. Zaragoza, Mayor1 Date Chikako Terada, CEO Date ☐Jennifer Yates, Purchasing Manager2

Christopher Bradbury, CFO 3 Date

ATTEST:

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

APPROVED AS TO FORM:

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

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

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EXHIBIT A
CON

SULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Roesling Nakamura Terada Architects, Inc.) SCOPE

OF SERVICES
CITY PROJECT MANAGER FOR THIS AGREEMENT: Sian Bashkiroff / 805-271-2204 / [email protected]
This work includes the development of plans, specifications, cost estimates, and bid documents for the OWTP New Maintenance Building Project (Project). The planning and design phase is expected to take approximately eight (8) months.

Task 1: Project Management
Consultant shall coordinate all e fforts with the Project Team i ncluding representatives from the City. The project management’s responsibilities include, but are not limited to:

Coordination. Consultant shall coordinate all of the services of sub-consultants including site visits, site inspections, and sh all ensure coordination with th e City oper ations and engi
neering staff and other interested parties as outlined by the City.

Schedule. Consultant shall develop a project schedule at the beginning of the project that covers pr eliminary des ign, r ecommendations, desi gn drawings, sp ecifications, construction cost es timate, bi d documents, and bid/award support se rvices. Project schedule shall be submitted with the proposal and shall be updated within two (2) weeks of the kickoff meeting.

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

Communication. Consultant shall develop a communications protocol t o be followed by all t eam m embers t o be submitted within one ( 1) w eek of starting t he project.

Communication protocol w ill i nclude standard project co mmunication as w ell as emergency communication protocols.

Reporting. Consultant shall prepare and distribute monthly reports.

Meetings.

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

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

Design Workshops/Charrettes. Cons ultant shall plan up to three (3) workshops/charrettes during the design phase.

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

Task
2: Data Gathering, Site Visit, and Preliminary Investigations The Consultant shall review and assess existing data and reports relative to the project and conduct all necessary site visits, investigations, and analyses required to identify and mitigate project issues that could impact or be impacted by the project including:

Regulatory and code requirements
Permitting, at a minimum:

Coastal Development Permit
Ventura County Air Pollution Control District
City of Oxnard Community Development Department
All permits deemed to be the responsibility of the City shall be obtained by the Consultant on the City’s behalf. The City will provide payment for all permit fees CEQA compliance
The Consultant shall perform and prepare all required CEQA documentation (i.e. CEQA checklist, initial study, notice of preparation, etc.) and supporting environmental information (i.e. Categorical Exemption, Negative Declaration, Environmental Impact Report, etc.)
Geotechnical investigation, including soil analysis as needed Survey, mapping, and utility investigation

Consultant shall identify any other applicable project requirements not listed above.

Deliverable

Technical memo summarizing findings in this Task
Geotechnical report
Detailed survey report including digital files

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Task
3: Schematic Design (SD) Phase (20%)

This phase of work will generate a refined site and building design for the project through an iterative process. With the information gathered during Task 2, create a schematic design for the project, including, but not limited to:

Design alternatives, (assume a minimum of three (3))
Architectural renderings and floor plans for the alternatives Cost estimate for the alternatives
Final Schematic Design through workshops/charrettes
Preparation of preliminary plans and specifications for selected alternative Preliminary LEED scorecard for selected alternative

Deliverable

Renderings, floor plans, and cost estimates for each alternative Workshop/charrette presentations
Final Schematic Design package shall include schematic plans, renderings, and specifications (three (3) hard copies and digital files) Task 4: Design Development (DD) Phase (50%)

Upon Project Team approval and acceptance of the Final Schematic Design, Consultant will commence with Design Development. This phase of work shall refine the design and identify all key construction systems, materials, and critical coordination issues. Design Development shall include, at a minimum:

Preparation of DD level (50%) plans, specifications, and details Selection of key materials
Updated cost estimates
Updated LEED scorecard
Preliminary permit applications and CEQA documentation

Deliverable

Design Development package shall include plans and specifications (three (3) hardcopies and digital files).

Task 5: Construction Document (CD) Phase

Draft CD Design: Pl
ans and specifications from the DD phase shall be updated based on comments received as a result of the DD review. The Draft CD design phase shall include:

Demolition plans
Ar
chitectural plans
Civil plans
Structural plans
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Mec
hanical plans
Electrical plans
Instrumentation and control plans
Final plans
Final cost estimate
Final permit applications and CEQA documentation

Deliverable

Draft CD design package shall include plans, specifications, cost estimate, and permit application (three (3) hardcopies and digital files).

Final Design Submittal: Du
ring the final design phase, final comments from the Draft CD design submittal shall be incorporated into the plans and specifications. This final submittal will be reviewed by the City Community Development Department and once approved will be considered the bid set. Tasks include:

Production of final architectural and engi neering plans Production of final architectural and engineering specifications 100% Estimate of probable construction cost
Completed permit applications and CEQA documentation

Deliverable

Final plans shall be signed and sealed by a registered architect and professional engineer(s) registered by the State of California. The Consultant shall provide three (3) sets of 11” x 17” plans, three (3) sets of 36” x 48” (E Size) drawings, four (4) sets of specifications, and one (1) electronic copy in PDF format of the final design package for bid purposes.

Task 6: Bid Phase

The Consultant shall provide assistance to the City during the project advertisement and award period. Bid phase assistance shall include, at a minimum, the following:

Responses to requests for information (RFIs) and requests for clarification (RFCs) received during the bid period. Written responses to questions shall be submitted within two (2) business days of questions received during the bidding period. The responses shall be provided in short memorandum format with the question and response shown.

Attendance and participation in the mandatory pre-bid meeting.

Incorporation of all addenda issued during the Bid Period into a conformed set of contract documents. Review of all submitted bids.

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Tas
k 7: Construction Administration (CA) Phase

CA services shall include, at a minimum, the following:

Preconstruction Meeting: At
tendance and participation in the Pre-Construction Meeting.

Project Progress Meetings: At tendance and participation in the Monthly Project Progress Meetings with the City and the Construction Manager to discuss the status of the Project and potential Project issues. The Consultant shall budget for eighteen (18) meetings.

Submittal Review: Consul tant shall review and approve all shop drawing and material submittals transmitted by the construction contractor.

Change Order Review: Consul tant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request.

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

Record Drawings: The Consultant shall prepare a record drawing set based on the red- line drawings submitted by the construction contractor. The record drawings shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red- line drawings. Copies of the record drawings shall be submitted to the City in both digital and PDF formats. In addition, the Consultant shall submit three (3) hard copies of the record drawings on 36” x 48”.

Task 8: Scope and Program Verification, and Building Commission S
cope and Program Verification: Thi s task will confirm appropriate scope and priorities for the project. This task will run concurrently with Task 2 Data Gathering, as some of the data will help to inform decisions on the project’s direction. Engineering subconsultant input is excluded from this task. Task includes confirmation of square foot budgetary costs by cost consultant.

Rev
iew of City’s Program

Up to 2 meetings to verify program requirements with City Staff, including: personnel and departments to be accommodated, budget, functional and operational requirements, quality requirement, time constraints, maintenance requirements, contextual considerations, equipment to be accommodated, adjacency requirements within building, resource conservation goals, occupant health goals, anticipated use of existing building to remain, extents of site improvements, adjacency and circulation requirements on the site, and future planning / risk mitigation considerations. Verify

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sc
ope of work with respect to audiovisual, security, IT, and any other low voltage requirements. Verify which systems and whether fixtures, finishes and equipment will be design-build or owner furnished/owner installed.

Draft updated program for City comment, summarizing City’s program requirements Final updated program based on City comments

Deliverable
Program spreadsheet and adjacency diagram

Commissioning: Co
mmissioning will be provided by personnel at the mechanical engineering firm who are not otherwise involved on the project. The design team will provide coordination, Basis of Design, and response for commissioning agent comments.

Architect and Commissioning Agent assistance to aid Owner in developing Owner’s Pr
oject Requirements as required for Commissioning process (occurs during Task 8 Scope and Program Verification)
Basis of Design (occurs during Task 3 Schematic Design phase) produced by design team and reviewed by Commissioning Agent
Commissioning Plan (developed by Commissioning Agent during Task 4 Design Development and Task 5 Construction Documents)
Commissioning Specifications (developed by Commissioning Agent during Task 5 Construction Documents)

Drawing Review at Schematic, Design Development, and 90% Construction Documents.

Performed by Commissioning Agent, to verify compliance with Owner’s Project Requirements. Issues noted in writing and addressed by design team prior to next submittal.

Commissioning documents for Permit Submittal and updates based on plan check corrections
Document management and process control, including submittal review of commissioned systems by the commissioning agent
Site visits and meetings by commissioning agent during construction (limited to 16 visits) Functional performance testing and witnessing, with log of issues noted and resolutions reached, by commissioning agent.

Final Commissioning Report by commissioning agent.

Deliverable

Basis of Design, Commissioning Plan, Commissioning Schedule, Issues Log, Final Commissioning Report

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HIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Roesling Nakamura Terada Architects, Inc.)

SCHEDULE OF COMPENSATION

ROESLING NAKAMURA
Position Hourly
Principal $285
Project Manager $245
Project Architect $210
Principal Designer $210
Drafter $160
Administrative $110

ASHLEY VANCE – STRUCTURAL
Position Hourly
Principal in Charge $225
Senior Project Manager $185
Project Engineer $150

ECG CIVIL – CIVIL ENGINEERING
Position Hourly
Principal $210
Senior II $190
Senior I $175
Associate $160
Assistant $135
2-Man Survey Crew $280
Administrative $80
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BMA- MECHANICAL / PLUMBING
Position Hourly
Principal Engineer (Mechanical) $255
Project Manager $168
Project Engineer (Plumbing) $140
Designer $120
Energy Analyst $140

THOMA – ELECTRICAL / SPECIALIZED EQUIPMENT
Position Hourly
Electrical Engineer of Record $223
Project Manager $195
Design Assistant $139

JACOBUS & YOUNG – COST MANAGEMENT
Position Hourly
Principal $196.73
Senior Estimator $133.39
Estimator $98.37

GEOSYNTEC – GEOTECH & AIR COMPLIANCE
Position Hourly
Principal $294
Senior Project Manager $254
Staff Field Personnel $178

ENVIRONMENTAL - LSA
Position Hourly
Principal $290
Project Manager $195
Technical Associate $195
Senior Planner $150
Assistant Planner and Support $125

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Task 1: Project Management $ 32,850 $ - $ 10,335 $ 1,176 $ - $ 393 $ - $ 16,795 Sub-total Fee $61,549 $ 8,835 $ 13,475 $ 3,570 $ 1,050 $ 5,920 $ - $ - $ - $ - $ - $ - $ - $ 4,500 $ 3,885 $ 1,950 $ - $ 1,176 $ - $ - $ - $ - $ - $ - $ 393

$ - $ - $ - $ - $ 8,410 $ 8,385 $ - $ - $ -
Sub-total Hours 280

31 55 17 5 37

0 0 0 0 0 0 0 20 21 13 0 7 0 0 0 0 0 0 2

0 0 0 0 29 43 0 0 0

1.1.0 Coordination of subconsultants 55 5 18 16

8 2 4 2

1.2.0 Schedule creation and updates 15

8 1 0 0

2 1 3

1.3.0 Invoicing 47

8 8 4 2

5 4 16

1.4.0 Communication Protocol 6

2 1 1 0

1 1

1.5.0 Reporting 14 1 4

5 0 0 0

2 2

1.6.0 Meetings

1.6.1 Project Phase Kickoff Meetings (3 Meetings) 23 1 2 1 1 4

3 3 0

2 3 3

1.6.2 Progress Meetings (8 meetings @2 hours) 66 4 16

4 2 4 4

16 16

1.6.3 Design Workshops/ Charrettes (1) in addition to Schematic Phase charrettes 28

5 12

1 3

3 2

2 1.7.0 QA/ QC 20

2 2 2

Task 2 Data Gathering, Site Visits and Preliminary Investigations $ 6,840 $ 10,990 $ 1,420 $ 1,848 $ 6,900 $ - $ 46,788 $ 4,470 Sub-total Fee $79,256 $ 570 $ 980 $ 2,730 $ - $ 2,560 $ 630 $ 1,330 $ - $ 3,840 $ 270 $ 4,760 $ 160 $ 450 $ 370 $ 600 $ - $ 1,008 $ 840 $ - $ - $ - $ 2,730 $ 4,170 $ - $ - $ - $ 7,644 $ 14,224 $ 24,920 $ 1,740 $ 2,730

$ - $ -
Sub-total Hours 396

2 4 13 0 16

3 7 0 24 2 17 2 2 2 4 0 6 6 0 0 0 14 30 0 0 0 26 56 140 6 14 0 0 0

2.1.0 Existing Record Search and Review; Initial Code and Agency Requirements Evaluation 66

2 5

8 1

4 2

1 1

2 8

8 20

2 2

2.2.0 CEQA Compliance 78

4 8

0 0 0

2 8 40 4 12

2.3.0 Geotechnical Exploration and Investigation 144

2 2

1 1 2

16 40 80

2.4.0 Surveys, Utility Investigation 108

2 2

2 7

20 2 17 0 0 0 0

6 6

14 30

Task 3: Schematic Design $ 47,465 $ 13,340 $ 16,375 $ 13,330 $ 8,547 $ 14,862 $ - $ - Sub-total Fee $113,919 $ 3,705 $ 11,760 $ 7,560 $ 5,880 $ 18,560 $ 2,520 $ 3,040 $ 7,700 $ - $ - $ - $ 80 $ 4,050 $ 6,475 $ 5,850 $ 1,530 $ 1,680 $ 2,380 $ 4,800 $ 2,940 $ 892 $ 4,875 $ 2,780 $ 7,476 $ 6,403 $ 984 $ - $ - $ - $ - $ -

$ - $ -
Sub-total Hours 645

13 48 36 28 116

12 16 44 0 0 0 1 18 35 39 6 10 17 40 21 4 25 20 38 48 10 0 0 0 0 0

0 0

3.1.0 Design Study Alternatives (assume a minimum of 3)

3.1.1 Schematic Phase kickoff and Summary of Findings review meeting 22

1 2

4 2

3 3

3 4

3.1.2 Architectural floor plans 57 4 8 8

24 1 8 4

3.1.3 Architectural renderings (max 2 renderings per alternative) 30

2 4

24 0 0 0

3.1.4 Cost Opinion for alternatives 89

4 2

2 1 2 2

30 38 8

3.2.0 Refine Concepts

3.2.1 Design Workshops/ Charrettes (Maximum of 4) 79 8 12 8 8 2
12 12

3 3 3 3 3 3

3 6

3.2.2 Preliminary plans and Specifications (Final Schematic Design) 249

2 20 6 16 36

0 1 8 16 24 1 4 12 40 16 4 15 20

3.2.3 Updated Cost Opinion for refined design 31

2 2

1 1 1 1 1

8 10 2

3.3.0 Coordination of Development Review 47

8 16 20

1 1 1

3.4.0 Preliminary LEED Scorecard for selected alterntive 25

4 8

4 0 1 1 1 2 2

2 3.5.0 City Staff Stakeholder Coordination 16

8 4 4

0 0 0

Task 4: Design Development (DD) Phase (50% Design) $ 62,590 $ 16,150 $ 13,625 $ 16,535 $ 12,611 $ 13,970 $ - $ 63,050 Sub-total Fee $198,531 $ 5,130 $ 14,700 $ 19,320 $ 1,680 $ 21,760 $ 5,250 $ 3,040 $ 7,700 $ - $ - $ - $ 160 $ 2,250 $ 4,625 $ 6,750 $ 1,275 $ 1,680 $ 3,360 $ 6,720 $ 3,500 $ 1,784 $ 6,240 $ 4,587 $ 7,082 $ 6,003 $ 885 $ -

$ - $ 11,600 $ 15,600 $ 5,850 $ 15,000 $ 15,000
Sub-total Hours 1134

18 60 92 8 136

25 16 44 0 0 0 2 10 25 45 5 10 24 56 25 8 32 33 36 45 9 0 0 0 40 80 30 100 120

4.1.0 Design Development Drawings and Specifications

4.1.1 Design Development Kickoff Meeting 23 2 2 2

4 2

1 1 1 1 1 1

1 4

4.1.2 Design Development Drawings 467 8 30 40 8 108 16 16 40

0 4 12 24 1 4 16 56 24 8 20 32

4.1.3 Design Development Specifications 90 2 10 36

2 2 2 8 16 1 2 4

4 1

4.1.5 Design Development Cost Opinion 107

2 2

1 4

1 2 2 1 1 1

36 45 9

4.1.6 Coordination and review with City Team (2 Meetings) 31 4 4

4 4

2 2 2 1 2 2

4 4.2.0 Material Selection

4.2.1 Material Selection Meetings (2 Meetings) 26 2 8 8 8 0 0 0

4.2.2 Material Boards 8 8 0 0 0

4.3.0 Preliminary Permit Applications and CEQA Documentation

4.3.1 CEQA Compliance Documentation Coordination 382

4 4

4 0 0 0

40 80 30 100 120

4.3.2 Preliminary Development/ APCD Permitting 0 0 0 0

Task 5: Construction Document (CD) Phase $ 147,835 $ 24,440 $ 11,280 $ 23,662 $ 15,451 $ 19,519 $ - $ 41,210 Sub-total Fee $283,396 $ 4,845 $ 39,690 $ 44,100 $ - $ 59,200 $ 5,670 $ 7,600 $ 10,850 $ - $ - $ - $ 320 $ 1,800 $ 3,330 $ 6,150 $ 638 $ 3,024 $ 5,460 $ 7,680 $ 6,860 $ 1,784 $ 8,385 $ 5,282 $ 9,837 $ 8,404 $ 1,279 $ -

$ - $ 6,960 $ 15,600 $ 3,900 $ 4,500 $ 10,250
Sub-total Hours 1582.5

17 162 210 0 370

27 40 62 0 0 0 4 8 18 41 2.5 18 39 64 49 8 43 38 50 63 13 0 0 0 24 8 2 3 8

5.1.0 Draft CD Design (90% Design)

5.1.1 CD Kickoff Meeting 20.5 2 2 2

4 2

0 1 1 0.5 1 1

4 5.1.2 Draft CD Drawings 429.5 4 20 40

186 6 40 16

1 2 8 0.5 2 16 40 16 4 12 16

5.1.3 Draft CD Specifications 104.5

20 40

20 2

2 1 2 8 0.5 2 4

3 5.1.4 LEED Documentation 52.5 1 4 8 1 4 0 0 0 0.5 4 4 24 2

5.1.5 Draft CD Cost Opinion 86.5 4 4 2 1 1 1 0.5 2 1 28 35 7

5.1.6 Coordination and review with City Team (2 Meetings) 26 2 4 4 4 2 4 0 0 0 2 2 2

5.2.0 Plan check Submittal and Permitting Completion

5.2.1 Building and Safety Plan Check Submittal 76

16 24

32 1 1 2

5.2.2 Client and plan check comment incorporation 140 16 16 24 3 16 1 4 8 2 8 24 8 4 6

5.2.3 Complete CEQA documentation, Development and APCD 178 8 0 0 0 20 6 2 3 4

5.3.0 Final Design Submittal (100% Design)

5.3.1 Final CD Drawings 231 8 40 32 80 6 16 2 4 8 1 1 1 4 12 16

5.3.2 Final CD Specifications 77 20 40 4 1 2 4 1 1 4

5.3.3 Final Opinion of Probable Cost. 68 4 4 0 1 1 1 1 22 28 6

5.3.4 Coordination and review with City Team (2 Meetings) 24 4 4 8 4 4 0 0 0

Task 6: Bid Phase $ 10,920 $ 1,540 $ 3,955 $ 924 $ 975 $ - $ - $ - Sub-total Fee $18,314 $ - $ 3,920 $ 2,520 $ - $ 4,480 $ 840 $ - $ 700 $ - $ - $ - $ - $ 225 $ 1,480 $ 2,250 $ - $ 504 $ 420 $ - $ - $ - $ 975 $ - $ - $ - $ - $ -

$ - $ - $ -

$ - $ -
Sub-total Hours 99

0 16 12 0 28

4 0 4 0 0 0 0 1 8 15 0 3 3 0 0 0 5 0 0 0 0 0

0 0 0

0 0

6.1.0 Response to RFIs and RFCs 57

4 8

12 1

2 1 8 15

2 2

2 6.2.0 Prebid Meeting 10

4 4

2 0

6.3.0 Addenda assistance and incorporation into construction set 28

4 4

12 1

2 1 1

3 6.4.0 Submitted Bid Review. 4

4 Task 7: Construction Administration (CA) Phase $ 60,070 $ 13,020 $ 14,180 $ 15,230 $ 5,431 $ -

$ - $ -
Sub-total Fee $107,931 $ 1,710 $ 35,280 $ 4,200 $ - $ 18,880 $ 5,670 $ - $ 7,350 $ - $ - $ - $ - $ 3,150 $ 5,180 $ 5,850 $ 510 $ 7,560 $ 4,760 $ 2,400 $ - $ - $ 4,875 $ 556 $ - $ - $ -

$ - $ - $ - $ - $ -

$ - $ -
Sub-total Hours 568

6 144 20 0 118

27 0 42 0 0 0 0 14 28 39 2 45 34 20 0 0 25 4 0 0 0

0 0 0 0 0

0 0

7.1.0 Preconstruction Meetings (2) 23

4 4

4 3

3 3 0

2 7.2.0 Project Progress Meetings (20 Mtgs at 3 Hrs Each, includes site

60 6 6 3 5 3 20 6

visits) 109

7.3.0 Submittal Review (20 Submittals at 3 Hrs each) 115

20 40

6 12

1 3 5

8 8 4

8 7.4.0 Change Order Review (3 at 8 Hrs Each) 44

24 2 4 8 2 4

7.5.0 RFI Responses 143

20 10

32 8

12 3 9 15

4 16 8

6 7.6.0 Project Close-Out 56

2 16

12 1 2 4

8 8

3 7.7.0 Record Drawings 78

10 30

4 12

1 2 4

1 2 8

4 Task/ Architectural
Subtask

Subtotal
Principal Project
Manager
Project
Architect
Principal
Designer

Drafter

$ 285 $ 245 $ 210 $ 210 $ 160

ECG Civil - Civil Engineering Ashley Vance - Structural BMA- Mechanical/Plumbing Thoma - Electrical Jacobus & Yaung - Cost Management
Geosyntec- Geotech & Air
Compliance Environmental - LSA

Principal

Senior II

Senior I

Associate

Assitant
2-Man
Survey
Crew

Admin Principal In
Charge
Senior
Project
Engineer
Project
Engineer
Principal
Engineer /
CxA
Project
Manager
Project
Engineer
Designer /
Project CxA Energy
Analyst
Electrical
Engineer of
Record
Project
Manager
Design
Assistant

Principal Senior
Estimator

Estimator

Principal

Sr. PM Staff, Field
Personnel

Principal Project
Manger
Technical
Associate
Senior
Planner
Assitant
Planner and
Support
$ 210 $ 190 $ 175 $ 160 $ 135 $ 280 $ 80 $ 225 $ 185 $ 150 $ 255 $ 168 $ 140 $ 120 $ 140 $ 223 $ 195 $ 139 $ 196.73 $ 133.39 $ 98.37 $ 294 $ 254 $ 178 $ 290 $ 195 $ 195 $ 150 $ 125

Agreement No. 32400156

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Task 8: Scope and Program Verification, and Building Commissioning $ 25,415 $ - $ - $ 42,747 $ - $ 6,349

$ - $ -
Sub-total Fee $74,511 $ 3,420 $ 12,005 $ 9,030 $ - $ 960 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 11,475 $ 4,032 $ - $ 27,240 $ - $ - $ - $ - $ 2,557 $ 3,201 $ 590

$ - $ - $ - $ - $ -

$ - $ -
Sub-total Hours 449

12 49 43 0 6

0 0 0 0 0 0 0 0 0 0 45 24 0 227 0 0 0 0 13 24 6

0 0 0 0 0

0 0

8.1.1 Review City's Program 46

1 1 1

13 24 6

8.1.2 Program Review Meetings (2 meetings) 6

2 4

8.1.3 Draft Updated Program 30

2 8 20

8.1.4 Final Updated Program 15

2 2 4

1 2

4 8.2.1 Owner's Project Requirements for Commissioning 20

1 2 2

2 1

12 8.2.2 Basis of Design 33

2 8 8

2 1

12 8.2.3 Commissioning Plan 27

2 4 1

20 8.2.4 Commissioning Specifications 28

1 1

1 4 1

20 8.2.5 Drawing Review by Commissioning Agent (3 reviews during design) and incorporation of comments

34 1 8 4 4 6 2 9

8.2.6 Commissioning Plan Check Documents for Permit 20

1 1

4 4

10 8.2.7 Commissioning Document Mgmt and Process Control 40

2 2 4

32 8.2.8 Site visits and Meetings by Commissioning Agent (max 16) 82

4 2

8 4

64 8.2.9 Functional Performance Testing and Witnessing 48

4 2

8 2

32 8.2.9 Final Commissioning Report 20

2 4 2

12 $ -

$79,480 $71,170 $115,452 $49,915 $55,094 $46,788 $125,525

$7,948 $7,117 $11,545 $4,992 $5,509 $4,679 $12,553

Reimbursable Expense Allowance $8,000

$ 8,000

CONSULTANT FEE

$945,408

$401,985

CONSULTANT MARKUP $54,342

Architectural and Engineering $765,095

Geotechnical/ Environmental $172,313

TOTAL FEE Tasks 1-8 $999,751

Task/ Architectural
Subtask

Subtotal
Principal Project
Manager
Project
Architect
Principal
Designer

Drafter
$ 285 $ 245 $ 210 $ 210 $ 160

ECG Civil - Civil Engineering Ashley Vance - Structural BMA- Mechanical/Plumbing Thoma - Electrical Jacobus & Yaung - Cost Management
Geosyntec- Geotech & Air
Compliance Environmental - LSA

Principal

Senior II

Senior I

Associate

Assitant
2-Man
Survey
Crew

Principal Senior
Estimator

Estimator

Principal

Sr. PM Staff, Field
Personnel

Fee Sub Total $937,408

$ 393,985

$ 79,480 $ 71,170 $ 115,452

$ 49,915 $ 55,094 $ 46,788 $ 125,525

Agreement No. 32400156

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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Roesling Nakamura Terada Architects, Inc.)

INSURANCE REQUIREMENTS

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

Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to 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. 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, filePlease 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 requir ed insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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324
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, 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 7/04 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 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 , or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

10/23
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325

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

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

INS-A.doc

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326

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXP
IRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

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

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

AUTHORIZED REPRESENTATIVE

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327

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary in surance as respects the City, its officers, , employees ; 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, , employees or shall be in excess of this insurance and shall not contribute with it.

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

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

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

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001. nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

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328

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed
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329

EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Roesling Nakamura Terada Architects, Inc. )

LIVING WAGE POLICY

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

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

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

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

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

Agreement No. 32400156

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330

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay su ch employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate s hall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Roesling Nakamura Terada Architects, Inc.)

PREVAILING WAGE

1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work.

CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

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

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

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

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

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

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

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

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

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

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

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

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

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

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ Agreement No. 32400156

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333
fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.

Agreement No. 32400156

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334

EXHIBIT F

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Roesling Nakamura Terada Architects, Inc.)

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

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

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

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of Agreement No. 32400156

Page 38 of 38 ends

335
Agreement 32400156 with Roesling Nakamura
Terada Architects, Inc. for Architecture and
Engineering Services for the Wastewater Division
New Maintenance Building Project (PW 23-101)
Tim Beaman, PE
Supervising Civil Engineer
City Council
December 5, 2023
336
RECOMMENDATION 2
That the City Council approve and authorize the Mayor to Execute an Agreement with Roesling Nakamura Terada
Architects, Inc. in the amount of $1,000,000 for Architectural and Engineering Services.
337
BACKGROUND 3
● The existing Oxnard Wastewater Treatment Plant (OWTP) Maintenance Building was constructed in 1978. The 9,032 square-foot structure contains office space, a breakroom, a paint booth, a machine shop, equipment storage, locker
rooms, and other employee services.
● The original design was based upon one-third of the
current staff size and is no longer suitable for modern operations.
● The plumbing, roof, and electrical systems have reached the end of their useful life and require expensive
maintenance efforts or stay inoperable.
● The concrete masonry building structure does not meet the current building seismic code.
338
BACKGROUND 4
Existing
Maintenance
Building
New
Maintenance
Building Site
339
● The OWTP Maintenance Building houses wastewater staff and equipment that are needed for daily plant repairs and is an integral part of maintaining operation of the OWTP ● This project will provide adequate office space, training facilities, locker rooms, and other employee facilities for the fully staffed maintenance group.
● In addition there will be secured storage for the division's heavy equipment & vehicles and a fabrication shop for
replacement parts and repairs.
● The new maintenance building will facilitate regular
maintenance and repairs to the OWTP, protecting the
investment the rate payers are making through the capital improvement program.

DISCUSSION 5
340
The Purchasing Department published Request for Proposal PW 23-101 for Architecture and Engineering Services for Oxnard Wastewater Treatment Plant New Maintenance
Building Project on April 18, 2023. The City received three proposals.
● Roesling Nakamura Terada Architects$ 999,751
● RRM Design Group $1,666,450
● Arcadis $1,117,499

DISCUSSION 6
341

DISCUSSION
● PW 23-101 Proposals were reviewed by:
● Wastewater Division Manager
● Senior Civil Engineer
● Associate Engineer
● The scoring criteria consisted of the proposer’s relevant experience, responsiveness, technical competence, past
record of similar work, capacity to complete the scope of work, and proposed cost.
● Based upon the proposals and interviews with the three firms, staff believes RNT Architects is the most qualified firm and recommends awarding the professional service
agreement.
7 342

FINANCIAL IMPACT
● The total cost for this agreement with RNT Architect shall not exceed $1,000,000 for the design and construction
phase architectural and engineering support for the OWTP New Maintenance Building Project.
● There are as-needed costs of $249 included for any
additional or unforeseen costs needed as related directly to the design services for this project.
● The OWTP New Maintenance Building Project No. C2236
with available project funding of $3,350,000 is being
funded from the Wastewater Capital Fund 612
(6123610-53200).
8 343
End of Presentation
344

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.4

DATE: December 5, 2023

TO: City Council

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

SUBJECT: Agreement 32400247 with Quest National Holdings dba Quest National Security for Security Guard Services at Various City Locations. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Quest National Holdings dba Quest National Security, for an initial term starting January 1, 2024, ending December 31, 2024, with the options to extend through December 31, 2028, and for a total contract not-to-exceed amount of $6,000,000 for security guard services at various City locations.

(The Public Works and Transportation Committee outcome was unknown at the time this agenda was posted.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/zYIm6Ksnc84

BACKGROUND

The Public Works Department is responsible for the operation of the City’s Oxnard Transportation Center (OTC), Water Campus, Oxnard Wastewater Treatment Plant (OWTP) and Headworks Facility, Advanced Water Purification Facility (AWPF), and the Del Norte Regional Recycling and Transfer Station (Del Norte). These facilities are located in the City of Oxnard and provide essential public utility services to the residents of Oxnard and the west Ventura County region.

These City facilities require security services to act as a first deterrent for unwanted activity to ensure the safety of personnel, protect property, customers, and the general public; and guard against vandalism. The City has used security services for City facilities over the past fifteen years.

Table 1 provides the location and property size for each facility.

TABLE 1

CITY FACILITY LOCATION LOT SIZE
(approximate ACREAGE)
Oxnard Transportation Center 201 East Fourth Street 8
Water Campus 251 South Hayes Avenue 4.9
OWTP &
Headworks Facility
6001 Perkins Road/
5741 Perkins Road
30 AWPF 5700 Perkins Road 4.7
345
Del Norte 111 Del Norte Boulevard 16

DISCUSSION

This agreement with Quest includes armed and unarmed security services. The Water Campus is the only facility that utilizes armed security services due to critical infrastructure and high transient activity in the area. As a reminder, in April 2023, staff brought forward and Council approved a “stop-gap” agreement with Dial because the contracted security vendor at the time had performance issues. While Quest’s proposed rates are less than Dial’s, they are approximately 32% higher than the previous vendor’s rates.

This agreement keeps the same level of service for each of these essential facilities. Since Quest's rates are higher than the previous vendor’s rates, future FY budget requests to cover security services will reflect those increases in the respective funds (e.g. Water, Wastewater, Special Funds, etc). For the remainder of FY 2023-24, increases in security costs will be absorbed by the existing operating budgets already approved by Council for the last 6-months (January through June 2024).

The Water Division will be utilizing Armed security officers and all other locations will utilize Essential and Advanced unarmed security officers. The Advanced (supervisor/lead) security officer is required by Quest when more than one security officer are working at the same time. Table 2 and Table 3 provide rates for services that include all costs necessary for each facility including equipment and vehicles that will be utilized at the City’s locations.

TABLE 2

SCHEDULE HOURLY RATE
Unarmed Security Officer Essential (entry-level) Advanced (lead) Weekday (Mon-Fri) and Weekend (Sat-Sun) $33.77 $34.50
Armed Security Officer Premium (armed)
Weekday (Mon-Fri) and Weekend (Sat-Sun) $38.75

TABLE 3

ADDITIONAL EQUIPMENT MONTHLY RATE
Bicycle - Provided upon request at no cost $0.00
Golf Cart - Includes gas/electrical, mileage, insurance, maintenance and equipment $850.00 Dedicated Patrol Vehicle:

Option 2: Includes insurance, maintenance, and equipment.

Gas and mileage charged per mile
$1,350.00 plus
$0.66 per mile

Based on the needs and size of the facilities, security guards and equipment will be assigned accordingly.

On August 16, 2023, a request for proposal (RFP) PW 24-12 was released. Proposals from 10 different security firms were submitted. Bidders hourly rates ranged from $24.75 to $85.22 per hour for unarmed guard services and $29.00 to $95.00 for armed guard services. As part of the solicitation process, proposals were evaluated by the Environmental Resources Manager, Wastewater Administrative Analyst, and the Water Regulatory Compliance Coordinator. Staff evaluated all proposals based on the qualifications, experience, history with similar size clients, references, cost, and 346
overall completeness of the proposal. After reviewing all proposals, the City has selected Quest to provide security services.

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

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with Quest shall not exceed $6,000,000 through December 31, 2028, if extended.

Services will commence January 1, 2024. Sufficient funds are available in the respective funds for FY 2023-24 for January through June 30, 2024. Funding for future years will be included in the proposed operating budgets for the City Council’s consideration.

The following table shows the estimated spending plan for all divisions which also includes any potential increases after the initial term.

FY 2023-
24 FY 2024-
25 FY 2025-
26 FY 2026-
27 FY 2027-
28 FY 2028-
29 DIVISION ACCOUNT
6 Months 12 Months 12 Months 12 Months 12 Months 6 Months TOTAL
OTC 90403201-53200 $220,000 $445,000 $465,000 $490,000 $510,000 $265,000 $2,395,000 Water
Campus 6083607-53200 $135,000 $270,000 $285,000 $300,000 $315,000 $165,000 $1,470,000 OWTP 6113614-53200 $60,000 $125,000 $130,000 $140,000 $145,000 $75,000 $675,000 AWPF 6013605-53200 $35,000 $65,000 $70,000 $70,000 $75,000 $40,000 $355,000 Del Norte
6313630/6383639-
53200 $100,000 $205,000 $215,000 $225,000 $235,000 $125,000 $1,105,000 Total $550,000 $1,110,000 $1,165,000 $1,225,000 $1,280,000 $670,000 $6,000,000

For Finance Use Only: Transportation Development Act Fund (Org. 90403201 Obj. 53200), Water Operating Fund (Org. 6013605 Obj. 53200), Wastewater Operating Fund (Org. 6113614 Obj. 53200), Water Security & Contamination Prevention Fund (Org. 6083607 Obj. 53200), ER Fund (Org. 6313630 Obj. 53200), ER Security & Contamination Prevention Fund (Org. 6383639 Obj. 53200)

COMMITTEE OUTCOME

The Public Works and Transportation Committee outcome was unknown at the time this agenda was posted.

Prepared by: Brian Yanez, Assistant Public Works Director, Omar Castro, Water Division Manager, Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Agreement 32400247

2. Presentation

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Agreement No. 32400247

Page 1 of 43 ends

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND QUEST NATIONAL HOLDINGS DBA

QUEST NATIONAL SECURITY
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Quest National Holdings DBA Quest National Security (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. S
UMMARY DESCRIPTION OF SERVICES.

T
his Agreement is for day and night time security guard services and armed security guard services for multiple locations for t he City of Oxnard. SERVICE PROVIDER will patrol the Oxnard Transportation Center, Water Campus, Oxnard Wastewater Treatment Plant, Headworks Facility, Advanced Water Purification Facility, and the Del Norte Regional Recycling and Transfer Station as further described in the scope of services set forth herein.

2. P
ARTIES.

C
ITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Q
uest National Holdings DBA Quest National Security (“SERVICE PROVIDER”), a corporation of the State of California, located at 6320 Topanga Canyon Boulevard Suite 1630-116, Woodland Hills, CA 91367

3. TERM OF AGREEMENT: From: January 1, 2024 To: December 31, 2024 3 .1 Time is of the essence in this Agreement.
3 .2 The CITY shall have the option for (4) four consecutive (1) one- year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3 .3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in 348
Agreement No. 32400247

Page 2 of 43 ends

accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CI TY. All Notices shall comply with Section 20 of this Agreement.

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

4. AGREEMENT AMOUNT NOT TO EXCEED: $6,000,000.00

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

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Brian Yanez Name: Victoria Perez
Title: Assistant Public Works Director Title: President Phone: (805) 200-5412 Phone: 858-442-7577 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):

7. CONTRACTUAL PREREQUISITES.

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

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Agreement No. 32400247

Page 3 of 43 ends

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

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

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

8. SERVICE PROVIDER'S SERVICES.

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

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

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 4.5 % from the prior year.

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10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

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

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

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

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

11. OPTION TO EXTEND AGREEMENT.

Page 5 of 43 ends

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

12. MODIFICATION OF AGREEMENT.

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

13. TERMINATION OF AGREEMENT.

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

14. INDEPENDENT CONTRACTOR

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

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.

SERVICE PROVIDER and its employees are not employees of Ci ty. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long- term disability and workers’ compensation 352
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insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

15. LAWFUL PERFORMANCE.

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

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

16. SAFETY REQUIREMENTS.

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

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

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

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

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY 353
Agreement No. 32400247

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all information developed in the course of the SERVICE PROVIDER's services.

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

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

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

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to informat ion that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

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

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

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18. ASSIGNMENT.

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

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

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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

The Party charged with breach will have fifteen (15) cal endar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within f ifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.

20. NOTICES.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of 355
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any subsequent breach of the same or any other term, covenant, or condition c ontained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

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

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

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating t o Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the 356
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termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and t o indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shal l save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State i ncome tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVI CE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

26. PREVAILING WAGE REQUIREMENTS.

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installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

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

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

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

27. CONFLICT OF INTEREST

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

28. IRAN CONTRACTING ACT

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

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

29. [RESERVED]

30. DISPUTES.

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

31. DISPUTE RESOLUTION.

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

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, 359
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SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

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

34. NONDISCRIMINATORY EMPLOYMENT.

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

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY.

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38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

41. EXECUTION – COUNTERPARTS.

42. INCONSISTENT OR CONFLICTING TERMS.

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Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

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

[Signatures on next page]

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

CITY OF OXNARD QUEST NATIONAL HOLDINGS

DBA QUEST NATIONAL SECURITY

☐John C. Zaragoza, Mayor1 Date Victoria Perez, President Date ☐Jennifer Yates, 2
Purchasing Manager

Yoav Raikel, Vice President3 Date

ATTEST:

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

APPROVED AS TO FORM:

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

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

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

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and QUEST NATIONAL HOLDINGS DBA QUEST NATIONAL SECURITY)

SCOPE OF SERVICES

CITY PROJECT MANAGER: Brian Yanez/ (805) 200-5412 / [email protected]

The security services will include, but not be limited to, patrols that include visual inspections (facilities, on site-vehicles, security cameras, etc.) and physical inspections (gates, doors, etc.) to ensure secure status, make contact with individuals on property after hours to determine reason for access to the facility, and notifying designated City staff of any unauthorized activities and Police or Fire Department in case of an emergency. City security specifications and hours will vary depending on the location but the general expectations are:

1. SERVICE PROVIDER shall be able to perform a combination of roving, foot, and car patrol that are either armed or unarmed across the service areas requested.

2. SERVICE PROVIDER must be a licensed private patrol operator with the California Department of Consumer Affairs, Bureau of Security and Investigative Services.

3. Each security officer and supervisor assigned to this project must possess a valid and permanent California Department of Consumer Affairs, Bureau of Security and Investigative Security Services security guard registration while on the job site.

4. SERVICE PROVIDER employees assigned to this project may be required to submit a Live Scan and criminal history check.

5. The SERVICE PROVIDER is responsible for the scheduling of the employees for the service locations requested below. The City will not pay the vendor for any over-times hours. In the event the CITY requires additional hours or extended hours, these requests might result in overtime billed at 1.5X times (time and a half) the agreed upon rate.

6. SERVICE PROVIDER employs all security officer personnel and shall be responsible for the payment of all wages, appropriate expenses, employer's contribution to social security taxes, workers comp, benefits, Medicare taxes, federal unemployment taxes, state unemployment taxes, state employment training taxes, state disability insurance and any other taxes imposed on, or required for payment by a PPO licensed employer in the State of California.

7. All security officers shall be under the direction and control of SERVICE PROVIDER.

SERVICE PROVIDER shall have the right to assign such security officers as it sees fit in order to provide the necessary services, unless otherwise mutually agreed upon by the parties in writing. SECURITY PROVIDER may change security officers at will. 364
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8. Contract billing rate is an all-inclusive rate. The billing rate shall include all costs necessary including but not limited to; employee wages, benefits, required supplies, travel to and from locations, and patrol vehicles if necessary.

9. Each security guard and supervisor assigned to this project must be able to speak, read, and write in English.

10. All SERVICE PROVIDERS’ personnel shall wear readily recognizable uniforms and display a company issued photo identification while on City property.

11. SECURITY PROVIDER shall provide its security officers with all necessary uniforms, badges and equipment. Non-standard uniforms or equipment required by CITY will be provided as agreed upon and at a cost as mutually agreed upon in writing.

12. If patrol cars are needed, they need to be kept clean and in working condition and display company logo.

CITY OBSERVED HOLIDAYS
The SERVICE PROVIDER will work with the City to ensure adequate security services during City observed holidays. Holiday billing rate is time and a half (1.5X).

The City observes the following holidays:
● New Year’s Day
● Martin Luther King Jr. Day
● Presidents Day
● Cesar Chavez Day
● Memorial Day
● Independence Day
● Labor Day
● Veterans Day
● Thanksgiving Day
● Day after Thanksgiving
● Christmas Day
City facilities close early on:
● Christmas Eve
● New Year’s Eve

REPORTING

1. A daily post log should be kept on premises at each location. These daily logs should keep record of exceptional events and observations and be digitally sent to the designated City representative at the end of each shift. Electronic reports should be available upon request.

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2. SERVICE PROVIDER shall notify the Police or Fire Department in the event of an emergency and contact the designated City representative after contacting the police.

LOCATION SCOPE OF SERVICES
OXNARD TRANSPORTATION CENTER (OTC):

The parameters for the private patrol operation (PPO) are as follows:

SITE PATROL SCHEDULE FOR PPO– OXNARD TRANSPORTATION CENTER (OTC) SERVICE PROVIDER shall provide unarmed security services for the City of Oxnard Transportation Center (OTC), located at 201 East Fourth Street:

Background Information

The Oxnard Transit Center (OTC) is a two- story, 13,000 square feet brick motif building that opened in 1986. The total facility area is slightly over five acres, and includes parking lots, bus and rail loading facilities, and landscaped areas. During business hours, the Patrol security officers staffing operations at the OTC are Monday - Friday from 5:00 a.m. to 10:30 p.m., and Saturday and Sunday from 6:00 a.m. to 10:30 p.m. After business hours, the Patrol security officers staffing operations at the OTC are Monday - Friday from 10:30 p.m. to 5:00 a.m., and Saturday and Sunday from 10:30 p.m. to 6:00 a.m. The OTC is a multi - model transportation facility and is open every day of the year (365 days per year), including City holidays. Security cameras and an indoor concierge desk provide a central location for security officers and high visibility for the patrons, employees, and business owners. The City has closed circuit television surveillance cameras inside and outside the building, with a central station at the concierge desk where the security guards are stationed. Most of the cameras have pan-tilt- zoom features.

Service Description

SERVICE PROVIDER will provide patrol unarmed security services to the OTC located at 201 East Fourth Street and its associated public parking lots on Meta Street, East Fourth Street, and 273 East Fifth Street. The selected SERVICE PROVIDER is expected to serve as the City's main customer contact for visitors to the Oxnard Transit Center during business hours.

The City does not have an on-site property manager so the lead on-site security guard will serve as a liaison to notify City staff of issues about property management that require repairs to the premises. The main concentration of patrol time during open hours is located in and around the OTC, its surrounding parking lots and train and bus loading platforms.

Attachment 1- Aerial Map for OTC is a map of the facility. This facility will require a patrol vehicle.

Service During Operational Hours

1. One (1) uniformed patrol person on site from 5:00 a.m. to 10:30 p.m., Monday – Friday.

Saturday and Sunday from 6:00 a.m. to 10:30 p.m.
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Two (2) uniformed patrol persons on site during peak hours of operation from 9:00 a.m. to 6:00 p.m. Monday – Friday. Saturday and Sunday from 9:00 a.m. to 5:00 p.m.

One (1) uniformed patrol person on site for after hours from 10:30 p.m. to 5:00 a.m. Monday - Sunday.

● Monday through Friday
● 5:00 a.m. to 9:00 a.m. one (1) uniform patrol person
● 9:00 a.m. to 6:00 p.m. two (2) uniform patrol persons ● 6:00 p.m. to 10:30 p.m. one (1) uniform patrol person

● Saturday through Sunday
● 6:00 a.m. to 9:00 a.m. one (1) uniform patrol person
● 9:00 a.m. to 5:00 p.m. two (2) uniform patrol persons ● 5:00 p.m. to 10:30 p.m. one (1) uniform patrol person

● Monday through Sunday
● 10:30 p.m. to 5:00 a.m. one (1) uniform patrol person

2. Patrols will take place periodically by a variety of means. Patrols may occur by vehicles, bicycle, foot, video surveillance, and a combination thereof.

3. It is up to the SERVICE PROVIDER to schedule their employees according to the hours above. The City will not pay the SERVICE PROVIDER for any over -time hours under any conditions.

Patrol Person Responsibilities

Assigned Patrol Person Will:

1. Patrol assigned areas as required. The assigned areas include:
i. bus platforms
ii. train platforms
iii. lobby and kiosks areas
iv. restrooms
v. waiting areas
vi. public areas within and outside the building
vii. both long-term and short-term parking lots
viii. EV charging stations

2. Report abandoned vandalized and/or unregistered vehicles to Oxnard Police.

3. Discourage loitering on the premises including all landscaped areas.

4. Observe and report any illegal or hazardous activities and/or items to law enforcement immediately. The OTC manager is to be notified of the disposition of the law enforcement response as soon as possible.
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5. Provide information as directed to employees, the public, and visitors of the OTC.

6. Determine loss, damage, or misuse of the property.

7. Open and close the OTC, utilizing the alarm systems.

8. Regularly survey the security and safety status of the OTC area and report findings.

9. Assist in the evacuation of OTC area patrons and employees as necessary.

10. Monitor activity occurring within the OTC and on the OTC property.

11. Investigate any suspicious activity and notify law enforcement when appropriate.

12. Assist fire department, medical services, and police agencies as necessary.

13. Maintain and update the security procedures manual, commonly known as "Post Orders."

14. Maintain a professional appearance at all times.

15. Provide a daily log noting exceptional events and observations. Including a weekly log of the names of the guards and the times they worked.

16. Operate the closed circuit television system and maintain its records as required by the City's records retention policies.

17. Locate persons who are disturbing patrons or engaging in illegal activities at the OTC.

Advise those who are impeding normal operations or engaging in illegal activities at the OTC to leave the property.

18. Maintain photographic and written records of banned persons, habitual offenders, and persons who have been advised about trespassing.

19. Provide one copy of any subpoena for records to the City of Oxnard Office of the City Attorney, 305 West Third Street, East Wing, First Floor, Oxnard, CA 93030 within 48 hours of receiving a subpoena. Provide notice to the property manager of any subpoena for records within 48 hours of receiving a subpoena.

20. Serve as a liaison to notify City staff of issues about property management that require repairs to the premises.

WATER CAMPUS
The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – WATER CAMPUS
SERVICE PROVIDER shall provide security services to the City of Oxnard’s Water Campus located at 251 South Hayes Avenue.

Security Patrols

SERVICE PROVIDER security patrols will include visual inspections of the Water Campus and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. SERVICE PROVIDER shall perform regular visual inspection of parking lots, Meter Shop, Distribution Shop, container storage, Administration Building, Multi-Purpose Facility, Reverse Osmosis Plant, and the surrounding area of the Water 368
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Campus. SERVICE PROVIDER shall notify designated City staff of any unauthorized activities and police in the event of an emergency.

After-Hours Security Service

● Monday through Friday (13 hours)
● 12:00 a.m. – 7:00 a.m.
● 6:00 p.m. – 11:59 p.m.
● Saturday (24 hours)
● 12:00 a.m. – 11:59 p.m.
● Sunday and Holidays (24 hours)
● 12:00 a.m. – 11:59 p.m.

SERVICE PROVIDER shall provide armed security services and vehicle to the entire Water Campus, to include physical monitoring of the facility and monitoring of security cameras, vehicles, and equipment.

SERVICE PROVIDER shall notify designated City staff of any unauthorized activities and police in the event of an emergency. This facility will require a patrol vehicle. Attachment 2 - Aerial Map of the Water Campus.

Vendor Responsibilities

1. SERVICE PROVIDER shall maintain a daily post log noting exceptional events and observations and provide copies to the City.

2. SERVICE PROVIDER must be a licensed private patrol operator with the California Department of Consumer Affairs, Bureau of Security and Investigative Services.

4. Each security officer and supervisor assigned to this project must be able to speak, read and write in English.

5. SERVICE PROVIDER employees assigned to this project may be required to submit a Live Scan and criminal history check performed by the Oxnard Police Department at the City’s expense with or without notice.

OXNARD WASTEWATER TREATMENT PLANT (OWTP), HEADWORKS FACILITY AND ADVANCED WATER PURIFICATION FACILITY (AWPF):

Location: 6001 Perkins Rd (OWTP)
5741 Perkins Rd (Headworks)
5700 Perkins Rd (AWPF)
Patrol: Roving Vehicle
Days: Monday - Sunday
Hours: 6:00 PM - 6:00 AM
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Armed: No
Reports: Daily
Check in: Upon arrival & Before Departure
The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – WASTEWATER TRE ATMENT

PLANT (OWTP), HEADWORKS FACILITY, AND ADVANCED WATER PURIFICATION FACILITY (AWPF):

SERVICE PROVIDER shall provide one unarmed uniformed security guard during after - hours to provide roving security patrols at the Wastewater Treatment Plant (OWTP) located at 6001 Perkins Road, Headworks Facility located at 5741 Perkins Road, Oxnard, California 93033 and the Advanced Water Purification Facility located at located at 5700 Perkins Road. SERVICE PROVIDER security patrols shall include visual ins pections of each facility and on-site vehicles, and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. SERVICE PROVIDER will make contact with individuals on property after hours to determine reason for access to the facility. SERVICE PROVIDER shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols – OWTP, Headworks Facility & AWPF

SERVICE PROVIDER shall provide roving security patrol of the OWTP, Headworks facility and AWPF throughout the duration of the hours noted below. Security Patrols shall ensure all facilities are secure through physical inspection of facility gates and building doors.

Primary responsibility is to ensure that all persons on any of the three (3) sites are duly authorized. Security personnel shall make contact with any unknown individuals on the sites to determine proper authorization and purpose for access to the facility. All areas within the fence line shall be monitored on a continuous basis for unauthorized intruders.

Security personnel will not be required to enter buildings. Only one (1) vehicle will be required for both facilities. Attachment 3 and 4- Aerial Map for OWTP and Aerial Map for AWPF are maps for the facilities.

After- Hours Security Service – OWTP, Headworks Facility and AWPF

1. SERVICE PROVIDER shall immediately notify Wastewater staff and City of Oxnard Police of any unauthorized activities or emergencies.

2. The OWTP is staffed continuously, 24 hours per day, 365 days per year.

Therefore, security personnel shall check in with OWTP staff upon arrival at the facility and check out at the end of each shift. Daily logs shall be submitted at the end of every shift.

3. The City will provide the security person with a communication device, list of personnel on site, site access controls, restroom facilities and any other relevant information at the start of each day.
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4. The OWTP, Headworks and AWPF are working facilities with tanks, pumps, and other potentially dangerous equipment. SERVICE PROVIDER is not to enter any building, tank or other facility without prior written authorization or escort from City staff.

Del Norte Regional Recycling and Transfer Station:

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – DEL NORTE REGIONAL

RECYCLING AND TRANSFER STATION
SERVICE PROVIDER shall provide one unarmed uniformed security guard and bicycle during after-hours to provide security patrols and to monitor surveillance cameras at the Del Norte Regional Recycling and Transfer Station (Del Norte Facility) located at 111 Del Norte Boulevard, Oxnard, California 93030.

SERVICE PROVIDER security patrols will include visual inspections of each facility and on-site vehicles, and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. SERVICE PROVIDER shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols - Del Norte Facility

SERVICE PROVIDER shall provide control of after -hours access and make regular physical inspections of the site, patrols of the parking lots and the staging areas for recyclable material, equipment and supplies; regularly enter the facility to inspect piles of solid waste, recyclables and green waste for signs of spontaneous combustion and to contact emergency services as needed; secure all building doors and gate entrances, and monitoring of video security cameras. This facility will require foot patrol. Attachment 5 - Aerial Map for Del Norte is a map of the facility.

After-Hours Security Service at the Del Norte Facility
● Monday through Friday (12.5 hours)
● 12:00 a.m. – 5:00 a.m.
● 4:30 p.m. – 11:59 p.m.
● Saturday (17 hours)
● 12:00 a.m. – 5:00 a.m.
● 12:00 p.m. – 11:59 p.m.
● Sunday and Holidays (24 hours)
● 12:00 a.m. – 11:59 p.m.
●
SERVICE PROVIDER shall notify designated City staff of any una uthorized activities and the Police or Fire Departments in the event of an emergency.

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Attachment 1- Aerial Map of OTC

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Attachment 2-Aerial Map for Water Campus

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Attachment 3-Aerial Map for OWTP & Headworks Facility

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Attachment 4- Aerial Map for AWPF

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Attachment 5- Aerial Map for Del Norte Regional Recycling and Transfer Station

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and QUEST NATIONAL HOLDINGS DBA QUEST NATIONAL SECURITY)

SCHEDULE OF COMPENSATION

Post
Location
name
Location
address
# of
guards/
vehicle
s Days
Check
in
Check
out
Total
hour
s
O
T
Regula
r
hourly
rate
OT
hourl
y
rate
Holiday
s per
year
Workday
s per
year
Unarmed OTC
201 East
Fourth
Street
1 Mon-Fri 5:00:00 9:00:00 4.00 0 $33.77 $50.6
6 6 255
1 Sat-Sun 6:00:00 9:00:00 3.00 0 $33.77 $50.6
6 0 104
1 Mon-Fri 9:00:00 18:00:00 9.00 0 $33.77 $50.6
6 6 255
1 Sat-Sun 9:00:00 17:00:00 8.00 0 $33.77 $50.6
6 0 104
1 Mon-Fri 9:00:00 18:00:00 9.00 0 $34.50 $51.7
5 6 255
1 Sat-Sun 9:00:00 17:00:00 8.00 0 $34.50 $51.7
5 0 104
1 Mon-Fri 18:00:0
0 22:30:00 4.50 0 $33.77 $50.6
6 6 255
1 Sat-Sun 17:00:0
0 22:30:00 5.50 0 $33.77 $50.6
6 0 104
1 Mon-Fri 22:30:0
0 5:00:00 6.50 0 $33.77 $50.6
6 6 255
1 Sat-Sun 22:30:0
0 6:00:00 7.50 0 $33.77 $50.6
6 0 104
Armed
After-
Hours
Security
Service
Water
Campus
251 South
Hayes
Avenue
1 Mon-Fri 0:00:00 7:00:00 7.00 0 $38.75 $58.1
3 6 255
1 Mon-Fri 18:00:0
0 23:59:00 6.00 0 $38.75 $58.1
3 6 255
1 Sat 0:00:00 23:59:00 24.00 0 $38.75 $58.1
3 0 52
1 Sun and
Holidays 0:00:00 23:59:00 24.00 0 $38.75 $58.1
3 0 52
Unarmed
Patrol:

Roving
Vehicle
OWTP
Headwork
s
AWPF
6001
Perkins Rd
5741
Perkins Rd
5700
Perkins Rd
1 Mon-Sun 18:00:0
0 6:00:00 12.00 0 $33.77 $50.6
6 6 359

Unarmed
foot patrol
After-
Hours
Security
Service
Del Norte
Regional
Recycling
and
Transfer
Station
111 Del
Norte
Boulevard
1 Mon-Fri 0:00:00 5:00:00 5.00 0 $33.77 $50.6
6 6 255
1 Mon-Fri 16:30:0
0 23:59:00 7.50 0 $33.77 $50.6
6 6 255
1 Sat 0:00:00 5:00:00 5.00 0 $33.77 $50.6
6 0 52
1 Sat 12:00:0
0 23:59:00 12.00 0 $33.77 $50.6
6 0 52
1 Sun and
Holidays 0:00:00 23:59:00 24.00 0 $33.77 $50.6
6 0 52
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Additional Rates and services as follows:

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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and QUEST NATIONAL HOLDINGS DBA QUEST NATIONAL SECURITY)

INSURANCE REQUIREMENTS

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

[See next pages]

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Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

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.

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 cert ificates 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 re quire complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.

Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance 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.

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

10/23

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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

Endorsement Forms

INS-A.doc

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

PRODUCER

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

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

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

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

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

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

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

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ❒ Included in Limits
❒ In Addition to Limits
Telephone: ❒ Deductible ❒ Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. ❒ Per Occurrence ❒ Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

❒ Claims Made
Retroactive Date
❒ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

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

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210

AUTHORIZED REPRESENTATIVE
❒ Broker/Agent ❒ Underwriter ❒
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Indianapolis, Indiana 462500-4299 US 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:

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.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the lim its, conditions, agreements or exclusions of the policy to which this endorsement is attached.
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ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

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

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

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and QUEST NATIONAL HOLDINGS DBA QUEST NATIONAL SECURITY)

LIVING WAGE POLICY

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

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

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

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

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on Jul y 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and QUEST NATIONAL HOLDINGS DBA QUEST NATIONAL SECURITY)

PREVAILING WAGE

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

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

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

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

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

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

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

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

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

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

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

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions 388
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and ensure subcontractors’ compl iance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

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

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EXHIBIT F

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

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 a nother person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of ________

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of ________
390
Agreement 32400247 with Quest National Holdings
dba Quest National Security for Security Guard
Services at Various City Locations
Public Works and Transportation CommitteeNovember 28, 2023City CouncilDecember 5, 2023 Brian Yanez
Assistant Public Works Director
391
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Quest National Holdings dba Quest National Security, for an initial term starting January 1, 2024, ending December 31, 2024, with the option to extend through December 31, 2028, and for a total contract not-to-exceed amount of $6,000,000 for security guard services at various City locations.

RECOMMENDATION 2
392
That the City Council approve and authorize the Mayor to execute an Agreement with Quest National Holdings dba Quest National Security, for an initial term starting January 1, 2024, ending December 31, 2024, with the option to extend through December 31, 2028, and for a total contract not-to-exceed amount of $6,000,000 for security guard services at various City locations.

RECOMMENDATION 3
393
The City’s Public Works Department (Public Works) is
responsible for the operation of the following facilities:

BACKGROUND 4

CITY FACILITY LOCATION LOT SIZE
(approximate

ACREAGE)
Oxnard Transportation Center
OTC
201 East Fourth Street 8
Water Campus 251 South Hayes Avenue 4.9
OWTP &
Headworks Facility
6001 Perkins Road/
5741 Perkins Road
30 AWPF 5700 Perkins Road 4.7
Del Norte 111 Del Norte Boulevard 16
394
All of the City facilities:
• Are all located in the City limits and provide essential public services
• Require security guard services to ensure the safety of personnel, protect property, customers and the general
public
• Have been utilizing private security guard services for City facilities over the past 15 years
BACKGROUND 5
395
August 16, 2023: City issued a Request for Proposal (RFP) to solicit security patrol services due August 31, 2023
• RFB was posted on www.publicpurchase.com
• City received 10 proposals and all were reviewed and
evaluated by Public Works staff
• Quest National Holdings (Quest) was selected through
the awarding process
DISCUSSION 6
396
Quest hourly labor rates:

Water Division will be utilizing Armed security officers and all other locations will utilizing Essential and Advanced unarmed security officers
DISCUSSION 7

SCHEDULE HOURLY RATE
Unarmed Security Officer Essential
(entry-level)
Advanced (lead)
Weekday (Mon-Fri) and Weekend (Sat-Sun) $33.77 $34.50
Armed Security Officer Premium (armed)
Weekday (Mon-Fri) and Weekend (Sat-Sun) $38.75
397
Quest additional equipment rates:

DISCUSSION 8

ADDITIONAL EQUIPMENT MONTHLY RATE
Bicycle: provided upon request at no cost $0.00
Golf Cart: Includes gas/electrical, mileage, insurance, maintenance and equipment
$850.00
Dedicated Patrol Vehicle:

Option 2: Includes insurance, maintenance, and equipment.

Gas and mileage charged per mile
$1,350 plus
$0.66 per mile
Based on the needs and size of the facilities, security guards and equipment will be assigned accordingly
398
Staff has confirmed that Quest meets all required City
contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the vendor is capable of satisfactorily providing the necessary services.

DISCUSSION 9
399
• T otal value of agreement with Quest National Security shall not exceed $6,000,000 over a possible term of five years and commences January 1, 2024
• Agreement allows four additional one-year extensions for an ultimate term date of December 31, 2028
• Sufficient funds are available in FY 2023-24 Budget for services from January 1, 2024 through June 30, 2024 for each location
• Costs for the next fiscal year will be requested during the annual budgeting process
FINANCIAL IMPACT 10
400

QUESTIONS
11 401

Oxnard City CouncilDecember 5, 2023

Oxnard City Council
December 5, 2023