Agenda packet — Oxnard City Council, December 19, 2023 (part 3 of 3)

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.
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40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.

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

42. INCONSISTENT OR CONFLICTING TERMS.

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 .

By signing below, CONSULTANT acknowledges that it has reviewed the CITY’s CONSULTANT/Professional Services Agreement terms and conditions and insurance requirements and that CONSULTANT hereby agrees to full compliance. [Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD NBS GOVERNMENT FINANCE GROUP
☐John C. Zaragoza, Mayor1 Date Greg Davidson, Vice PresidentDate ☐Jennifer Yates, Purchasing Manager2
Michael Rentner,3 Date
President & Secretary
ATTEST:

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
2 The Purchasing Agent may execute any authorized agreement up to $200,000. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 15 500
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EXHIBIT A

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

SCOPE OF SERVICES
A. Administration Services for the City's Maintenance Assessment Districts (LMD/MAD)

1. Database Development. Consultant will update the database with current County Assessor's information including property owner names, property owner addresses and any other available data that will augment the existing database.

2. Budget Preparation. Consultant will meet with City staff to review each district's budget for the coming fiscal year. This budget will be based on historical costs, actual and/or projected changes in costs and/or improvements to be maintained. Cost categories may include but are not limited to capital improvements, maintenance costs, incidental costs (engineering, legal, district administration) and reserve funds.

3. Assessment Computation and Rate Analysis. Consultant will compute the assessment for each parcel within each district according to its method of assessment. Consultant will provide an assessment summary which will include a comparison of current year rates versus prior year rates, separate by zone and land use, if applicable, and fund balance information.

4. Engineer’s Report Preparation. Consultant will prepare and provide to City staff the annual Engineer's Report for each district. Each such Engineer's Report will consist of:
a. Background of the district.
b. A detailed and technically supported Method of Assessment. c. A description of the improvements and services funded by the district. d. A cost estimate for the improvements and services being funded. e. Copy or reference to the original district diagram.
f. A table showing assessed rates by zone and land use. g. An assessment roll listing assessments by parcel or reference a complete roll on file with the City.

5. Meet with City Staff. Consultant will meet with City staff to review each Engineer's Report for modifications and approval.

6. Noticing and Resolution Coordination. Consultant will coordinate activities to ensure that required tasks are completed within the scheduled time frame. Consultant will assist the City with preparation of any notice of assessments, public hearings, or other meetings requiring publication. Consultant will assist the City with preparation of the staff report, all legal notices and the associated resolutions described below:
a. Resolution describing improvements, initiating proceeding and ordering the Consultant's engineer to prepare and file a report for the City. 16 501
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b. Resolution preliminarily approving the Engineer's Report c. Resolution of intention declaring the intention of the City Council to levy and collect assessments and setting a date for the public hearing.
d. Resolution authorizing the placement of assessments on the secured property tax bills.

7. Meeting Attendance. Consultant will attend up to a total of two (2) public meetings per fiscal year such as workshops and City Council meetings (in addition to and not including the town hall meetings in B(1) of this Exhibit A-2), as requested by the City.

8. Levy Submittal. Consultant will submit the levy to the Ventura County Auditor Controller in
the required format. Assessments rejected by the Ventura County Auditor-Controller will be researched and resubmitted for collection on the Ventura County Tax Roll. Any parcels that are not submitted to Ventura County for collection will be invoiced for payment directly to the City.

9. Final Engineer’s Report. Consultant will update and deliver to City staff each annual Engineer's Report.

10. Toll-Free Phone Number. Consultant shall provide a toll-free phone number for use by the City, other interested parties and all property owners during regular business hours, Monday-Friday 8:00 a.m. to 5:00 p.m. Consultant will be available to answer questions regarding each district and the ongoing collection of assessments. Bilingual staff is available to assist Spanish-speaking property owners.

B. On-Call Assistance to City Staff with Special Requests Related to the Administration of the Special Financing Districts But Not In Scope of Services

11. On-Call Assistance. Consultant will be available to answer questions and assist City staff during regular business hours, Monday-Friday 8:00 a.m. to 5:00 p.m. on special requests involving the administration of the Special Financing Districts, as requested. On-call assistance is intended to cover time, material, and all other costs for tasks related to the administration of the Special Financing Districts (1915, CFD, LMD/MAD, and others) and not already included in the scope of services of this Agreement. On-Call assistance may include, but not be limited to:
a. Assistance with direct staff allocations.
b. Assistance with indirect cost allocations.
c. Assistance with Proposition 218 compliance on an ongoing basis. d. Assistance with maintenance contract specifications and bidding. e. Assistance with the resolution of inquiries by property owners and the public.

C. 1915 Act Assessment District Administration Services

12. Kick-Off Meeting, Project Schedule. Consultant to meet with City staff, legal counsel and other interested parties to:
● Establish lines of communication
● Clarify the specific project goals and criteria that will meet the City’s preference ● Identify and resolve any special circumstances that may be involved in the administration of the districts
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● Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
● Establish meeting dates consistent with schedule to achieve project milestones

13. Data Collection. Consultant will gather and review data relevant to the administration of the district. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information and establish a database for the assessment district.

14. Policy Review. Consultant will review policies and procedures that have been established by the City for compliance with the governing documents and law. These policies will be incorporated into our service to the City.

15. Cost Recovery. Consultant will identify all costs associated with the administration of the Assessment District and recover those costs through the levy process as outlined in §8682 and §8682.1 of the California Streets and Highways Code. These costs may include, but not be limited to Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank fees, and expenses of the City and its consultants related to the administration of the district.

16. Fund Analysis. Consultant will determine the balance requirements and acquire the current cash balances for the district. We will make recommendations to ensure that the flow of funds and fund balances are in compliance with bond documents. Cash flow analysis will also be performed to determine any levy shortfall or surplus.

17. Annual Assessment Levy. Consultant will calculate the annual assessment levy for each parcel in the district and submit the amount for each parcel to the County in the format and medium (i.e. tape, diskette) required by the County Auditor-Controller.

18. Resubmission of Rejects. Consultant will research the status of any parcels rejected by the County Auditor-Controller, and resubmit corrected data for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced directly, with payment directed to the City.

19. Maintain Assessment District Data. Consultant will annually track all parcel changes to ensure that all changes are documented. Historical parcel change and assessment apportionment data will be maintained by NBS.

20. Annual Report. Consultant will provide a comprehensive Annual Report that will show a detailed listing of the amounts submitted to the County or directly billed for collection, details of delinquent assessments, fund analysis, paid off parcels and release of liens, all bond call activity, and assessed valuation information.

21. Delinquency Monitoring. Consultant will provide the City with a comprehensive list of delinquencies after each installment becomes due. This report will show delinquency percentage as well as a detailed list of each delinquent parcel.

22. Prepayment Calculation/Amortization Schedule. Consultant will provide assessment prepayment calculations and amortization schedules to interested parties. The requester 18 503
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will pay the cost of this service; however, there will be no charge to the City or property owners.

23. Bond Calls. Consultant will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee.

24. Release of Liens. Consultant will prepare all documents required to release the liens of parcels that have prepaid the assessment.

25. Notice of Special Assessment. Consultant will provide a "Notice of Special Assessment" disclosure notice to requesting parties as required by §53754 of the Government Code of the State of California. The fee of any Notice of Special Assessment shall be paid by the party requesting the disclosure notice.

26. Toll-Free Phone Number. Consultant will provide a toll-free phone number for use by the City, other interested parties and all property owners. Our staff will be available to answer questions regarding the formation and ongoing collection of assessments for the district.

Bilingual staff is available for Spanish-speaking property owners.

27. County Assessor Reporting. Consultant will work with the County Assessor to aid in complying with the requirements of Revenue & Taxation Code 163. This includes providing data such as parcel number, original assessment and current principal balance to the County Assessor.

Community Facilities District Administration

28. Data Collection. Consultant will gather and review data pertinent to the administration of the Community Facilities District. Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment.

Consultant will maintain and periodically update a database of all parcels within the districts and relevant parcel information.

29. Administrative Cost Recovery. Consultant will identify all costs associated with the administration of the Community Facilities District and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California. Such costs may include, but are not to be limited to: bank fees, legal fees, county tax collection fees, and all costs and expenses of the public agency and its consultants related to district administration.

30. Cash Flow Analysis. Consultant will determine the cash flow requirement, acquire current fund balances and make recommendations to keep the flow of funds and fund balances in compliance with the bond documents. Fund transfers might include the transfer of available surplus funds to be used as levy credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes. Cash flow analysis will also be performed to determine any levy shortfall or surplus collections.

31. Special Tax Requirement. Consultant will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of 19 504
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Apportionment, such as principal and interest due, administrative expenses, collection for direct financing of services or facilities, and a fund credit or replenishment as determined from analysis of the district funds.

32. Levy Calculation. Consultant will calculate the annual special tax levy for each parcel within the Community Facilities District following the guidelines established in the Rate and Method of Apportionment.

33. Meeting Attendance. Consultant will attend district related Council/Board meetings related to district administration, as requested by the City.

34. Parcel Tax Reporting. Consultant will prepare a report with information relating to the imposition of each locally assessed parcel tax required by the addition of Government Code (GC) section 12463.2 (chapter 781, statutes of 2014.)

35. Levy Submittal. Consultant will submit the levy to the County Auditor Controller in the required format and medium (i.e. e-mail, diskette). Special Taxes rejected by the County Auditor Controller will be researched and resubmitted for collection on the County Tax Roll.

Any parcels that are not submitted to the County for collection will be invoiced directly to the parcel owner, with payment submitted to the public agency.

36. Special Tax Levy Report. Consultant will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, current delinquency information, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the districts.

37. Delinquency Monitoring. Consultant will provide a comprehensive list of delinquencies after each special tax installment becomes due. The delinquency report will provide the district’s overall delinquency percentage as well as a detailed list of each delinquent parcel, with the name and address of the delinquent parcel owner, the delinquent amount and penalties.

38. Prepayment Calculations. Consultant will provide special tax prepayment calculations to interested parties. The party requesting the calculation shall pay the fee of any prepayment calculation.

39. Bond Calls. Consultant will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee.

40. Release of Liens. Consultant will prepare all documents required to release the liens of parcels that have prepaid the special tax.

41. CDIAC Reporting. Consultant will perform all necessary reporting to the California Debt and Investment Advisory Commission as required by §53359.5(b) and §53359.5(c) of the Government Code of the State of California.

42. Notice of Special Tax Disclosure. Consultant will provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340.2 and §53341.5 of the 20 505
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Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.

43. Toll-Free Phone Number. Consultant will provide a toll-free phone number for use by the City, other interested parties and all property owners. Our staff will be available to answer questions regarding the districts and ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking property owners.

Continuing Disclosure (Per Occurrence)
In accordance with the Continuing Disclosure Certificate of the Bonds, Consultant will support the annual disclosure filing requirements of the SEC Continuing Disclosure Rule 15c2-12, for the Bonds existing at the time of this agreement and Bonds the Consultant has previously provided such services for. Specifically, Consultant will perform the following:

44. Document Review. Consultant will review pertinent documents of the Bonds, including the Official Statement and Continuing Disclosure Certificate. We will identify material such as the Comprehensive Annual Financial Report and/or other operating data that the City has agreed to provide in the Continuing Disclosure Certificate.

45. Data Collection. Consultant will collect the annual financial information and operating data that the City has agreed to provide to the Electronic Municipal Market Access system, or EMMA.

46. Report Preparation. Consultant will prepare the Annual Disclosure Report as required in the Disclosure Certificate.

47. Annual Dissemination. Consultant will disseminate the Annual Disclosure Report including City Financials to EMMA and any SID, and post to our website to allow public access free of charge.

48. Significant Events. Consultant will prepare and disseminate a “Notice of Significant Events”, as listed on the Continuing Disclosure Certificate, to EMMA, as required in the certificate. Action will commence upon notification by the City of the occurrence of any of the events.

49. City’s Responsibilities. The City shall furnish Consultant with any pertinent information that is available to the City and applicable to the services. The City shall designate a person to act with authority on its behalf in respect to the services. The City shall notify Consultant of the occurrence of any events listed in the Continuing Disclosure Certificate.

The City shall promptly respond to Consultant’s requests for reviews and approvals of its work, and to its requests for decisions related to the services. City understands and agrees that Consultant is entitled to rely on all information, data and documents (collectively, “Information”) supplied to Consultant by City or any of its agents, Agreements or proxies or obtained by Consultant from other usual and customary sources including other government sources or proxies as being accurate and correct and Consultant will have no obligation to confirm that such Information is correct and that Consultant will have no liability to City or any third party if such Information is not correct. 21 506
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Delinquency Management (Per Occurrence)
Consultant will develop a comprehensive delinquency management program which includes a discussion and interpretation of the issuer’s foreclosure covenant together with a review of the existing policies and procedures of the City. This service can be provided as part of overall annual administration or as a stand-alone service. When deemed as the appropriate course of action, NBS will perform the following.

50. Delinquency Reports. Consultant will provide the City with an updated list of delinquencies prior to sending any of the below letters. This report will also detail each district’s percentage of delinquencies, as well as a detailed list of each delinquent parcel.

51. Reminder Letter. At the City’s direction, Consultant will send a reminder letter to the property owner of each delinquent parcel for the December 10th installment. The purpose of the letter is to inform and educate the property owner of their obligation to pay assessments.

52. Demand Letter. At the City’s direction, Consultant will send a demand letter to the property owner of each delinquent parcel for the April 10th installment. This letter will be mailed to any property owner who remains delinquent for both installments or who is delinquent for April 10th only. The purpose of this letter is to further educate the property owner and advise them of a potential foreclosure.

53. Lienholder Letter. At the City’s direction, Consultant will send a demand letter to the lienholders of loan-defaulted parcels where a Notice of Default has been filed, notifying them of the special tax / assessment delinquency and the loss of their lien position when judicial foreclosure occurs. The purpose of this letter is to educate the lienholders and to spur quick payment of delinquencies in order to protect their interest in the property.

54. Lienholder Research. At the City’s direction, Consultant will perform detailed search of public records to identify lienholders on non-loan-defaulted parcels. The purpose of this is to allow further communication from the City to educate the lienholders and to spur quick payment of delinquencies in order to protect their interest in the property.

55. Foreclosure Letter. This type of letter is typically sent after the installments for a parcel have been removed from the tax roll. The letter delineates what amount must be paid directly to the City to forestall the turnover of documents to the foreclosure attorney.

56. Tax Roll Removal and Notice. Consultant will provide the information required to remove parcels from the tax roll and coordinate with the County Auditor Controller to verify the removal. This step is in preparation of turning the parcels over for foreclosure. Once removed from the tax roll, each property owner will receive one final foreclosure letter indicating the amount due and payment instructions. NBS will file the Notice of Intent to Remove Delinquent Installments and remove such Notice upon payment of the delinquency.

57. Payment Plans. At the City’s discretion, Consultant will offer payment plans to property owners in lieu of turning parcels over to the City’s foreclosure counsel. 22 507
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58. Subsequent Foreclosure Services. Consultant will prepare and deliver all information to the City’s foreclosure counsel. Consultant will also continue to supply the City’s counsel with additional information throughout the foreclosure process. Consultant will continue to respond to property owner and City staff phone calls regarding the status of all cases, and will coordinate and audit status reports on a bi-monthly basis from the City’s foreclosure counsel.

59. Toll-Free Phone Number. Consultant will provide a toll-free phone number for use by the City, other interested parties and all property owners. Consultant’s staff will be available to answer questions regarding the formation and ongoing collection of assessments/special taxes for the districts. Bilingual staff is available for Spanish-speaking property owners.

Apportionments of 1915 Act Assessment Lien (Per Occurrence) Parts 10 and 10.5 of the Streets and Highways Code detail the methodology and procedure that the City must follow in apportioning the assessment lien on parcels that are reconfigured and/or subdivided. With our experience in district formation and the development of methods of assessment, we are able to ensure that apportionments are properly performed.

Assuming proceeding under the preferred procedure of Part 10.5, Consultant will perform the following:

60. Application Forms. Consultant will provide apportionment application forms and instructions to the City’s Engineering representative for inclusion as a condition of approval for subdivision within an assessment district.

61. Segregation. Consultant will apportion the special assessment according to the method of spread as described in the engineer’s report.

62. Notice of Apportionment. Consultant will prepare a notice of apportionment and send it via certified mail to the issuing underwriter, as required.

63. Assessment Diagram. Consultant will prepare an amended assessment diagram and notice. The diagram and notice will be filed and recorded with the County Recorder.

64. Amortization Schedule. Consultant will prepare an amortization schedule for each newly created assessment type.

65. Apportionment Report. Consultant will prepare and submit to the City an Apportionment Report showing the finalized apportionment and the amended assessment diagram.

In the event proceedings are undertaken under Part 10, the following additional items are required:

66. Resolutions. Consultant will prepare the required resolutions to order the amended assessment, the amended assessment diagram, notices to the property owner, and fix the amount of costs to perform the apportionment.
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67. Public Meetings. Consultant will be available to attend any public meetings required to complete the apportionment.
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EXHIBIT B

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

SCHEDULE OF COMPENSATION
Special Financing District Annual Administration

COMMUNITY FACILITIES DISTRICT (CFD) ADMINISTRATION FEES The following table summarizes our annual fees for the for the base CFD Administration services:

District Name Annual Base Fee
CFD 2000-3 (Oxnard Boulevard / Highway 101) $6,950
CFD No. 1 (Westport at Mandalay Bay) $6,950
CFD No. 2 (Westport at Mandalay Bay) $6,950
CFD No. 3 (Seabridge) $6,950
CFD No. 4 (Seabridge) $6,950
CFD No. 5 (Riverpark) $6,950
CFD No. 8 (Sakioka Farms) $6,950
TOTAL $48,650
1915 ACT ASSESSMENT DISTRICT (AD) ADMINISTRATION FEES
The following table summarizes our annual fees for the for the base AD Administration services:

District Name Annual Base Fee
AD 2000-1 (Oxnard Boulevard / Highway 101) $4,950
AD 2001-1 (Series 2012 Refunding) $4,950
TOTAL $9,900
1915 ACT AND COMMUNITY FACILITIES DISTRICT ADMINISTRATION SERVICES Community Facilities Districts (Base Fee) $41,700
1915 Act Assessment Districts (Base Fee) $9,900
Estimated Expenses are capped at a total of $4,500 for the Community Facilities District Administrative Fees and 1915 Act Assessment Administrative Fees.

Total Base Fees plus Estimated Expenses $56,100.

LANDSCAPE MAINTENANCE DISTRICTS (LMD) ADMINISTRATION FEES The following table summarizes our annual fees for the for the base LMD Administration services:

District Name Annual Base Fee
LMD No. 3 (River Ridge) $1,750.00
LMD No. 10 (Country Club Estates) $1,250.00
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LMD No. 11 (St. Tropez) $1,250.00
LMD No. 12 (Standard Pacific) $1,250.00
LMD No. 13 (Le Village) $1,250.00
LMD No. 14 (California Cove) $1,250.00
LMD No. 16 (California Lighthouse) $1,250.00
LMD No. 23 (Greystone) $1,250.00
LMD No. 24 (Vineyards) $1,250.00
LMD No. 25 (Pointe) $1,250.00
LMD No. 27 (Rose Island) $1,250.00
LMD No. 28 (Harborside) $1,250.00
LMD No. 30 (Haas Automation) $1,250.00
LMD No. 31 (Rancho De La Rosa) $1,250.00
LMD No. 32 (Oak Park) $1,250.00
LMD No. 33 (El Paso) $1,250.00
LMD No. 34 (Sunrise Pointe & Sunset Cove) $1,250.00
LMD No. 36 (Villa Santa Cruz & Villa Carmel) $1,250.00
LMD No. 37 (Pacific Breeze) $1,250.00
LMD No. 38 (Aldea Del Mar) $1,250.00
LMD No. 39 (El Sueno Promesa & DR Horton/Seawinds) $1,250.00 LMD No. 40 (Cantada) $1,250.00
LMD No. 41 (Pacific Cove) $1,250.00
LMD No. 42 (Cantabria & Coronado) $1,250.00
LMD No. 43 (Greenbelt) $1,250.00
LMD No. 46 (Daily Ranch) $1,250.00
LMD No. 47 (Sycamore Place) $1,250.00
LMD No. 49 (Cameron Ranch) $1,250.00
LMD No. 50 (Pleasant Valley Senior Housing) $1,250.00
LMD No. 51 (Pfeiler) $1,250.00
LMD No. 52 (Wingfield) $1,250.00
LMD No. 53 (Huff Court) $1,250.00
LMD No. 54 (Meadow Crest Villas) $1,250.00
LMD No. 55 (Wingfield West) $1,250.00
LMD No. 58 (Westwind) $1,250.00
LMD No. 60 (Artisan) $1,250.00
MAD No. 4 (Mandalay Beach) $1,750.00
Waterways (Zones 1-Mandalay Bay & 2-Harbour Island) $1,750.00 TOTAL $50,000.00
Districts or Zones with Less than 300 Parcels (Base Fee) $1,250 Each Districts or Zones with 300 Parcels or More (Base Fee) $1,750 Each Estimated Expenses are capped at a total of $3,500 for the Landscape Maintenance Districts. 26 511
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Total Fees including Estimated Expenses $53,500.

Estimated expenses reflect an allocation of $2,000 for the signature and stamp of the annual consolidated engineer’s report by a civil engineer (one occurrence).

ON-CALL ASSISTANCE TO CITY STAFF WITH SPECIAL REQUESTS RELATED TO THE

ADMINISTRATION OF THE SPECIAL FINANCING DISTRICTS BUT NOT IN SCOPE OF SERVICES (UPON CITY’S REQUEST , HOURLY RATE SCHEDULE)
Hourly per Schedule Below (Initial Authorization for the Fiscal Year) $27,000* Estimated Expenses are capped at a total of $1,500.

Total Fees plus Estimated Expenses $28,500.
*City may authorize additional hours subject to additional compensation under our hourly rate schedule.

CONTINUING DISCLOSURE
We understand that the City has bond issues currently subject to continuing disclosure preparation and dissemination. NBS will provide the services for the bonds existing at the date of this agreement for the fees as listed below. Additional issues may be added at similar fees.

Additional Services Necessary for the Ongoing Administration of the 1915 Act and Community Facilities Districts
Issuer Continuing Disclosure (Per Occurrence)*
AD 2000-1 Report Fee ………………………………………………………………….………… $2,400 AD 2001-1 Report Fee ………………………………………………………………….………… $1,850 CFD No. 1 Report Fee ……………………………………………………………………….…… $1,850 CFD No. 2000-3 Report Fee ………………………………………………………………….…... $1,850 Estimated Expenses are included in the CFD & 1915 Act sections above.

Reports are combined under the 2012 Revenue Bonds (Series A & B).

Developer’s Continuing Disclosure (Per Occurrence)
AD 2000-1 Report Fee* ……………………………………………………………………………… $450 Significant Event Fee* ……………………………………………...… Hourly Rate or $250 per event Estimated Expenses are included in the CFD & 1915 Act sections above.

Dissemination Services for Continuing Disclosure (Per Occurrence)* Report Dissemination (per recipient) ………………………………………………………………… $25 Significant Event Dissemination (per recipient) …………………………………..………………… $25 Estimated Expenses are included in the CFD & 1915 Act sections above.

DELINQUENCY MANAGEMENT
Reminder Letters (1) …………………………………………………………………………………… $15 Demand Letters (1) ………………………………………………………………….………….……… $30 Lienholder Letters (1, 2) …………………………………………………………….…………….…… $40 Lienholder Research (Notice of Default Not Filed) ……………………………………………… Hourly Foreclosure Letters ………………………………………………………………….……………….… $50 Payment Plan Administration ………………………………………………………………..……… $300 27 512
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Tax Roll Removal (3, 4) ……………………………………………………………………………….. $75 Removal of the Notice of Intent to Remove Delinquent Installments (4)..................................... $25 Subsequent Foreclosure Fees (4) ………………………………………………………………..… $100 All fees are based on a per-parcel/per-district basis, except as noted below.

1. This fee will be recovered as part of the next levy.

2. Letter is sent to lienholders where public Notice of Default has been filed. Fee reduced to $20 when sent jointly with a Foreclosure Letter to the same parcel.

3. This fee includes filing of the “Notice of Intent to Remove Delinquent Installments” but does not include County fees for removal from the tax roll.

4. This fee is per parcel/per district/per year from the initiation of the foreclosure.

APPORTIONMENTS OF 1915 ACT ASSESSMENT LIEN (PER OCCURRENCE) Apportionments will be performed upon request and paid for by the requesting party at consultant’s fee structure shown below. Consultant will apportion the assessment according to the original method of spread, prepare the amended assessment diagram, and record the notice of apportionment and amended diagram per Parts 10 and 10.5 of the Streets and Highways Code.

Apportionment Fee (Four parcels or less) …………………………………………………………. $950 Apportionment Fee (Five or more parcels) …………………………….. $1,800 (plus $35 per parcel) Recording Fee (each) ……………………………………………….………………..……………….. $40 Resolutions ……………………………………………………………………………………………. $300
Meeting Attendance……………………………………………..……….. Hourly Rate, plus travel costs SFD Formation/Restructuring/Bond Issuance

SPECIAL FINANCING DISTRICT FORMATION, RESTRUCTURING AND BOND ISSUANCE SFD Formation ...................................................................................... $19,500–45,000 per district SFD Restructuring .................................................................................. $9,500– 38,500 per district Bond Issuance Disclosure .............................................................. $18,500–22,500 per bond issue Estimated expenses ............................................................... $1,500–7,500 per district/bond issue Annual Fee Increases
Cost of living increases will be applied at a fixed rate of 3% annually starting January 2025 and annually thereafter.

Additional Optional Services – Hourly Rates
The following table shows our current hourly rates. Optional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate.

This may include attendance at additional meetings, notice and ballots, etc.

Title Hourly Rate
Director $275
Associate Director / Engineer $250
Senior Consultant / Manager $225
28 513
Agreement No. 32400250
Consultant $200
Financial Analyst $175
Clerical / Support $135
Terms
All services will be invoiced monthly.

Expenses
Customary out-of-pocket expenses will be billed to the City at the actual cost to Consultant. These expenses may include, but are not limited to, the assessment engineer’s signature and stamp, travel, mailing fulfillment, postage, supplies, telephone, reproduction, meals, and various third-party charges for data, maps, and recording fees. Any requested reimbursement over $100 requires pre-approval by the City. Please send all such requests to Eric Storrie, Special Districts Manager, [email protected] or his designee.
29 514
Agreement No. 32400250

EXHIBIT C

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

INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/CONSULTANT/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.
30 515
Exhibit INS-A
INSUR

ANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain du ring 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 (Occurrenc e 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 bodil y injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissio ns insurance app ropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant n or listed subconsultants having less than $500 ,000 individually. The professional liability/errors an d omissions insurance must be policy 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 claiman t. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

3. With the ex ception of Profession al Liability, Consultant agrees that all insurance cov erages shall be provided b y a California admitted insurance carrier with an A. M. Best rating o f A:VII or better and shall b e endorsed to state that coverage may n ot be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manag er 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 endorse d to name City, its City Council, officers, employees, agents and volunteers as add itional insureds as respects: liability arising out of activities performed by or on behalf of Con sultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles own ed, 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 Endor sement 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 an d not contributin g 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 procu re a bond guaran teeing 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.
11/23
31 Agreement No. 32400250
516
Exhibit INS-A

Page 2 ends

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Cert
ificates of Insurance
The s
ample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note t he certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy . Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

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

INS-A.doc
32 Agreement No. 32400250
517
Exhibit INS-A

Page 3 ends

ACORD CERTIFICATE OF INSURANCE ISS UE DATE (MM/DD/YY)

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

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

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CANCELLATION

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

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

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

AUTHORIZED REPRESENTATIVE
Rev.
1/23 INS-A.doc
33 Agreement No. 32400250
518
Exhibit INS-A

Page 4 ends

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to t he company’s limits of liability.

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

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

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

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

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

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

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

Signature
(ori ginal signature required)
Telephone: ( ) Date Signed:

Rev
. 1/23 INS-A.doc
34 Agreement No. 32400250
519
Exhibit INS-A

Page 5 ends

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability.

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

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

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

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

Signature
(ori ginal signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
35 Agreement No. 32400250
520
Agreement No. 32400250

EXHIBIT D

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

IRAN CONTRACTING ACT CERTIFICATION
36 521

IRAN CON

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

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

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

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

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

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

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ 37 Agreement No. 32400250
522
City of Oxnard Solicitation #PW24-02
Purchasing Division Bid Close Date: 09/11/23 at or before 2:00 PM PT.

City of Oxnard
Request for Proposals
RFP #PW24-02

Special Districts Administrative
Professional and Technical Services

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

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

Solicitation opportunities: https://www.oxnard.org/rfps-and-rfqs/ City Website: https://www.oxnard.org/
523
City of Oxnard Solicitation #PW24-02
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Rev Date: 02.18.2020

TABLE OF CONTENTS

A. SOLICITATION INTRODUCTION

1.0 Timeline of Events

2.0 Background of the City of Oxnard

3.0 Period of Performance

4.0 Introduction

5.0 Evaluation Method

B. PROPOSAL GUIDELINES

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

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

All questions must go through the Public Purchase portal. 524
City of Oxnard Solicitation #PW24-02
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Rev Date: 02.18.2020

1.0 TIMELINE OF EVENTS

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

Proposed Timeline

DATE ACTIVITY

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

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

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2.0 BACKGROUND OF THE CITY OF OXNARD

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

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

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

3.0 PERIOD OF PERFORMANCE

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

4.0 INTRODUCTION

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

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

Special Financing District Consultant services may include:

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

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

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Rev Date: 02.18.2020
The professional services include tasks established by industry standards for the formation of districts and shall include standards similar to those set forth below:
1) Analyze and determine the type of district restructuring or formation for each unique situation.
2) Prepare the initial Rate and Method of Apportionment (RMA) or assessment calculation.
3) Calculate the initial special tax levy requirement or assessments. 4) Prepare a CFD Report or Engineer’s Report (ER).
5) Prepare and deliver mylar copies of boundary maps. 6) Expend due diligence to ensure accuracy in reviewing and preparing all work products and timely submissions of such.
7) Provide clear written documentation concerning the approach taken to derive the conclusions reached.
8) Employ strict confidentiality of all documents made available by the City to the Consultant, sub- consultant or any other appointed entity, in the course of completing a formation, which may contain private and/or confidential information, which includes but is not limited to property owner names and addresses.
9)
Make all necessary arrangements for delivery and pick -up of documents to and from any agency, office or City Department/Division.
10) Meet with City staff to discuss task lists and associated jobs for further input and approval.
11) Attend meetings of the City Council (e.g. study session, Council meeting, Committee meetings), as requested.
12) Participate in providing additional analysis and support for the issuance of any bonds. 13) Assistance with direct staff allocations and indirect staff allocations. 14) Assistance with Proposition 218 compliance on an ongoing basis. 15) Assistance with maintenance contract specifications and bidding. 16) Assistance with the resolution of inquiries by property owners and the public.

5.0 EVALUATION METHOD

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Rev Date: 02.18.2020
The Evaluation Committee will review and score only those proposals that are deemed responsive to this RFP and presented in the format as set forth in Tab A below. Failure to include any sections in the proposal may result in that proposal being deemed non responsive. During the scoring process, the Evaluation Committee may contact the Proposer’s references or any other sources deemed relevant by the Evaluation Committee as part of their review of the Proposer’s qualifications to perform the requested services or work. Selection will not be based on the lowest priced proposal, but will be based on the following criteria:

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

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

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

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

5. Cost Proposal.
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City of Oxnard Solicitation #PW24-02
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Rev Date: 02.18.2020
Tab A – Proposal Checklist
Instructions:

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

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

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

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

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

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

Name of Company:

Service to provide:

Main Point of Contact:

E-mail: Phone:
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Rev Date: 02.18.2020
Tab A Proposal Submission Checklist
General Proposer Information
Please provide one copy of the following items in your proposal. Indicate the page number where the item is located.

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

CERTIFICATION

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

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

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

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

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

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

Signature: Date:

Title of Agent/Officer:

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

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

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Rev Date: 02.18.2020
Tab B - Acknowledgement

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

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

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

PROPOSER’S RESPONSE:

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

3. Transition (If applicable)

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

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

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

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Rev Date: 02.18.2020
Tab C - Company Profile/Experience
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The company profile should be concise and clear, including descriptive information regarding service delivery. The following information must be provided as follows:

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

PROPOSER’S RESPONSE:

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

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

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

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

a. PROPOSER’S RESPONSE:

b. PROPOSER’S RESPONSE:

c. PROPOSER’S RESPONSE:

d. PROPOSER’S RESPONSE:

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

PROPOSER’S RESPONSE:

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

Please provide an email address for each individual listed.

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

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Rev Date: 02.18.2020

5. Credentials/Resumes/Certifications/Licenses:

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

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

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

a. PROPOSER’S RESPONSE:

b. PROPOSER’S RESPONSE:

c. PROPOSER’S RESPONSE:

d. PROPOSER’S RESPONSE:

e. PROPOSER’S RESPONSE:

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

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

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

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

Summary of Services

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

PROPOSER’S RESPONSE:

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

PROPOSER’S RESPONSE:

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

PROPOSER’S RESPONSE:

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

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

Below is an example:

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

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

PROPOSER’S RESPONSE: Located in “Attachment 1”

2. Proof of non-profit status, if applicable

PROPOSER’S RESPONSE: Located in “Attachment 2”

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

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

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

536

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

PW24-02

Special Districts Administrative Professional and Technical Services

August 29, 2023

CERTIFICATION OF RECEIPT OF ADDENDUM

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

Signed: Dated:

Print Name: Title:

Company:

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

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

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

2.0 Clarification from the City:

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

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

Reference 1
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

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City of Oxnard Purchasing Division Solicitation No. PW 24-02 Addendum No. 1 Addenda Rev. Date 02/20/18
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Reference 2
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

Reference 3
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

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City of Oxnard Purchasing Division Solicitation No. PW 24-02 Addendum No. 1 Addenda Rev. Date 02/20/18
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1. Provide a list of contracts that your company has been awarded during the last three (3) years, showing year, type of services, dollar amounts of services provided, location, contracting company, contact name, and phone number.

PROPOSER’S RESPONSE:

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

PROPOSER’S RESPONSE:

Tab F - Cost Proposal/Budget Narrative

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

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

End Addendum NO. 1

540
AgreementNo.________________
CONSULTANT/PROFESSIONALSERVICESAGREEMENTBETWEENTHECITYOFOXNARDAND______________ ByThisConsultant/ProfessionalServicesAgreement(“Agreement”),theCITYofOxnard(“CITY”)agreestoengagetheservicesof______________(“CONSULTANT”),andCONSULTANTagreestoperformtheservicesforCITYashereindescribed,forthecompensation,duringtheterm,andotherwisesubjecttothecovenantsandconditionshereinsetforth.CITYandCONSULTANTmaybeindividuallyreferredtoas“Party”orcollectivelyasthe“Parties.”

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

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

2. PARTIES.

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

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

3.1TimeisoftheessenceinthisAgreement.

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

3.3 AnyOptionalExtension(initialterm,plusanyoptiontoextend)shallnotexceedatotaloffive(5)years.TheCITYinitssolediscretionmayexercisetheoptionalextensionupon60 dayswrittennoticeto theCONSULTANTinaccordancewithSection11ofthisAgreement.CONSULTANTshallissueitswrittenconsenttotheCITY’sexerciseoftheoptionextensionwithin10daysof 1 541
AgreementNo._________________
receiptofnoticefromtheCITY.AllNoticesshallcomplywithSection20ofthisAgreement.

3.4 AllservicesrequiredofCONSULTANTunderthisAgreementshallbecompletedonorbeforetheendofthetermoftheAgreement.

4. AGREEMENTAMOUNTNOTTOEXCEED:$_____________.

5. AGREEMENTEXHIBITS.

Thefollowingdocumentsmemorializedbelowaretheonlyexhibitsto thisAgreementandareincorporatedbyreferenceasthoughfullysetforthherein.IntheeventofaconflictbetweentheExhibitsandthisAgreement,theAgreementcontrols.

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

6. DESIGNATEDREPRESENTATIVES.

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

7. CONTRACTUALPREREQUISITES.

7.1 ThisAgreementmustfirstbeexecutedbytheCONSULTANT,afterwhichtheAgreementshallbeapprovedastoformbytheCityAttorney,thenexecutedbytheMayor,oranauthorizedpersononbehalfoftheCITY,andifexecutedbytheMayorshallalsobeexecutedbytheCityClerk.

7.2 CONSULTANTisadvisedthatanyrecommendationforAGREEMENTawardisnotbindingonCITYuntiltheAGREEMENTisfullyexecutedandapprovedbyCITY. 2 542
AgreementNo._________________

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

7.4 AllproofofaCitytaxcertificate,insurance,andW-9formsisrequiredpriortoexecutionofthisAgreement.

7.5 CONSULTANTshallnotperformanyworkunderthisAgreementuntilaproofofinsurancehasbeenprovidedtotheCityasrequiredunderSection24ofthisAgreement.

8. CONSULTANT'SSERVICES.

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

8.2TheServicesshallbecoordinatedwiththedesignatedCityProjectManagersetforthinExhibitAsubjecttothedirectionoftheCityManagerorDepartmentDirector.CONSULTANTherebydesignatesitsProjectManagerassetforthin“ExhibitA”asthepersonresponsiblefortheServiceswhoshallcoordinatewithCity’sProjectManagerinexecutingthescopeofservicesunderthisAgreement.

9. COMPENSATION.

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

10. PAYMENT&INVOICES.

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

10.1 PaymentRequest.CONSULTANTshallsubmitapaymentrequesttoCITYbytheendofeachcalendarmonthlistingtheServicesprovided,costsof 3 543
AgreementNo._________________
thoseServices,andtotalamountdueforthemonth.Invoicesmaybeemailedto:[email protected].

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

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

10.4 CONSULTANTshallprovideCITYwithacompletedRequestforTaxpayerIdentificationNumberandCertification,asissuedbytheInternalRevenueService.IfanysalestaxisduefortheServicesperformedbyCONSULTANTormaterialsorproductsprovidedtoCITYbyCONSULTANT,CONSULTANTshallpaythesalestax.CITYshallnotreimburseCONSULTANTforsalestaxespaidbyCONSULTANT.

11. OPTIONTOEXTENDAGREEMENT.

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

12. MODIFICATIONOFAGREEMENT.

ThisAgreementmaybeamended,modified,orotherwisealtered,oritsprovisionswaived,onlyuponmutualconsentofthePartiesbywrittenamendment,andasauthorizedbytheOxnardCityCode,Sections4-59and4-60. 4 544
AgreementNo._________________

13. TERMINATIONOFAGREEMENT.

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

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

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

15. LAWFULPERFORMANCE.

CONSULTANTshallabidebyallFederal,State,andLocalLawsandRegulationsasmayberelatedtotheperformanceofdutiesunderthisAgreement.CONSULTANT,atitssoleexpense,shallobtainandmaintainduringthetermofthisAgreement,allappropriatepermits,licenses,andcertificatesthatmayberequiredinconnectionwiththeperformanceofservicesunderthisAgreement. 5 545
AgreementNo._________________

16. SAFETYREQUIREMENTS.

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

17. OWNERSHIPOFCONSULTANT’SWORKPRODUCT, CONFIDENTIALITY&DISCLOSURE.

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

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

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

17.3.Ownership– Generally. Allinventions,discoveries,enhancements,changes,orimprovementsofcomputerprogramsdevelopedpursuanttothisAgreementshallbethepropertyoftheCITY,andallpatentsorcopyrightsshallbeassignedtotheCITY,unlessotherwiseagreed.CONSULTANTagreesthat 6 546
AgreementNo._________________
CITYmaymakemodificationstocomputersoftwarefurnishedbyCONSULTANTwithoutinfringingCONSULTANT’s copyrightoranylicensegrantedtoCITY,unlessotherwiseagreed.

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

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

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

17.7. NoWarranty. OtherthananobligationupontheCITYtodealingoodfaith,theCITYmakesnowarrantiesandshallbearnoliabilityorresponsibilityforerrorsor omissionsin anyConfidentialInformationdisclosedunderthisAgreementorforanybusinessdecisionsmadebyCONSULTANTinrelianceonanyConfidentialInformationdisclosedunderthisAgreement.

18. ASSIGNMENT.

ThisAgreementisfortheprofessionalservicesofCONSULTANT.AnyattemptbyCONSULTANTtoassignthebenefitsorburdensofthisAgreementwithoutthepriorwrittenapprovalofCITYshallbeprohibitedandshallbenullandvoid.CONSULTANT'sservicespursuantto thisAgreementshallbeprovidedbytheCONSULTANT’sDesignatedRepresentativeordirectlyunderhis/hersupervision,andCONSULTANTshallnotassignanotherto supervisetheCONSULTANT'sperformanceof thisAgreementwithoutthepriorwrittenapprovalofCITY, byandthroughtheCITY’sDesignatedRepresentative. 7 547
AgreementNo._________________

19. NOTICEOFBREACHANDOPPORTUNITYTOCURE.

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

20. NOTICE.

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

21. COVENANTSANDCONDITIONS.

Eachtermandeachprovisionof thisAgreementto be performedbyCONSULTANTshallbeconstruedtobebothacovenantandacondition.

22. WAIVER.

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

23. INDEMNIFICATION,HOLDHARMLESS&DEFENSE.

23.1 AsaseparateandindependentcovenantfromCONSULTANT’sobligationsunderthissection,CONSULTANTshalltothefullestextentpermittedbylaw,immediatelydefend,indemnify,andholdharmlessCITY,itslegislativeandadvisorybodies,andtheCITY’sofficials,directors,officers,employees,andagents(the“Indemnitees”)fromandagainstallliabilitiesregardlessofnature,type,or cause,arisingoutof or resultingfromor in connectionwith 8 548
AgreementNo._________________
CONSULTANT’sperformanceofthisAgreementorCONSULTANT’sfailuretocomplywithanyofitsobligationscontainedinthisAgreement.Liabilitiessubjecttothedutiestodefendandindemnifyinclude,withoutlimitation,allclaims,losses,damages,penalties,fines,andjudgments;associatedinvestigationandadministrativeexpenses;defensecosts,includingbutnotlimitedtoreasonableattorneys’fees;courtcosts;andcostsof alternativedisputeresolution.CONSULTANT’sobligationtoindemnifyappliesunlessitisadjudicatedthatanyoftheliabilitiescoveredbythisSectionaretheresultofthesoleactivenegligenceorsolewillfulmisconductofanyoftheIndemnitees.

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

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

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

23.3.2 In noeventshallthecostsof defensechargedtoCONSULTANTexceedtheCONSULTANT’sproportionatepercentageoffault,exceptasotherwisesetforthinsaidCivilCodesection2782.8,theprovisionsofwhichareincorporatedintothisAgreementbythisreference.Nothingin this Subsection23.3shallbe construedto require 9 549
AgreementNo._________________
CONSULTANTtoprovideindemnificationforclaimscausedbytheactivenegligenceorwillfulmisconductoftheIndemnitees.

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

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

24. INSURANCE.

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

25. LIVINGWAGEREQUIREMENTS.

DuringthetermofthisAgreement,CONSULTANTunderstandsandagreesthatifLivingWagesareapplicable,subjecttothe2002OxnardCityCouncilLivingWage 10 550
AgreementNo._________________
Policy,attachedas“ExhibitD”tothisAgreement,CONSULTANTwillpayand/orprovidethewagesand/orbenefitsrequiredthereintoallofitsemployeesengagedinwholeorinpartinperformingtheservicesprovidedforbythisAgreement.ThedutytopaythecorrectwageistheresponsibilityoftheCONSULTANT.

26. PREVAILINGWAGEREQUIREMENTS.

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

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

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

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

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

ACONSULTANTisineligibletoenterintoanycontractwiththeCITYforgoodsorservicesofonemilliondollars($1,000,000)ormoreiftheCONSULTANTengagesin 11 551
AgreementNo._________________
investmentactivitiesinIran.CONSULTANTmustcertifythatitisnotonthelistofineligiblevendorsprohibitedfromdoingbusinesswiththeStateofCaliforniaandshallcompletetheIranContractActCertificationattachedasExhibitF.

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

29. [RESERVED]-

30. DISPUTES.

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

31. DISPUTERESOLUTION.

ShouldanunresolveddisputeariseoutofthisAgreement,anyPartymayrequestthatitbesubmittedtomediation.ThePartiesshallmeetinmediationwithinareasonabletimenottoexceedfortyfive(45)daysofarequest.ThemediatorshallbeagreedtobythemediatingParties.Intheabsenceofanagreementonamediator,thePartiesshalleachsubmitonenamefrommediatorslistedbytheAmericanArbitrationAssociation,theCaliforniaStateBoardof MediationandConciliation,or otheragreed-uponservice.Themediatorshallbeselectedbya“blindfold”process.ThecostofmediationshallbeborneequallybybothParties.NeitherPartyshallbedeemedtheprevailingParty.NoPartyshallbepermittedtofilealegalactionwithoutfirstmeetinginmediationandmakinga goodfaithattempttoreachamediatedsettlement.Themediationprocess,oncecommencedbyameetingwiththemediator,shalllastuntil 12 552
AgreementNo._________________
agreementisreachedbythePartiesbutnotmorethansixty(60)calendardays,unlessthemaximumtimeisextendedinwritingbybothParties.

32. AUDIT.

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

33. ADVERTISINGANDPUBLICITY
CONSULTANTshallnotusethenameoforrefertoCITYdirectlyorindirectlyinanyadvertisement,newsrelease,orprofessionalortradepublicationwithoutpriorwrittenapprovalfromtheCITYManager.ThisSectionshallsurvivetheterminationofthisAgreement.

34. NONDISCRIMINATORYEMPLOYMENT.

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

35. FORCEMAJEURE.

NeithertheCONSULTANTnortheCITYshallberesponsibleforanydelaycausedbyanycontingencybeyondtheircontrol,including,butnotlimitedto,waror 13 553
AgreementNo._________________
insurrection,walkoutsbytheParty’sownemployees,fires,naturalcalamities,riots,ordemandsorrequirementsofgovernmentalagenciesotherthantheCITY.

36. GOVERNINGLAW.

ThetermsofthisAgreementshallbeinterpretedaccordingtothelawsoftheStateofCalifornia.Shouldlitigationoccur,venueshallbeintheSuperiorCourtofCalifornia,CountyofVentura.

37. SEVERABILITY.

IfanyportionofthisAgreementisdeclaredbyacourtofcompetentjurisdictiontobeinvalidorunenforceable,thensuchportionwillbedeemedmodifiedtotheextentnecessaryintheopinionofthecourttorendersuchportionenforceableand,assomodified,suchportionandthebalanceofthisAgreementwillcontinueinfullforceandeffectandbeenforceable.

38. INTEGRATEDAGREEMENT.

ThisAgreementandtheattachedexhibitsreferencedhereintothisAgreementrepresenttheentireunderstandingbetweentheParties.NoverbalagreementorimpliedcovenantshallbeheldtovarytheprovisionsofthisAgreement.ThisAgreementshallbindandinuretothebenefitofthePartiestothisAgreementandanysubsequentsuccessorsandassigns.

39. NOTHIRD-PARTYBENEFICIARY.

ThisAgreementshallnotbeconstruedtobeanagreementforthebenefitofanythird-partyorparties,andnothirdpartyorpartiesshallhaveanyclaimorrightofactionunderthisAgreement.

40. AUTHORITYTOEXECUTE.

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

41. EXECUTION–COUNTERPARTS.

ThisAgreementmaybeexecutedinanynumberofcounterpartsandeachsuchduplicatecounterpartshallconstituteanoriginal,buttheyshallnotbeeffectivenorenforceableunlessanduntilit is executedwiththehandwrittensignatureofanauthorizedrepresentativeofeachoftherelevantParties.Nocounterpartshallbedeemedtobeanoriginalorpresumeddeliveredunlessanduntilthecounterpart 14 554
AgreementNo._________________
executedbytheotherPartytothisAgreementisinthephysicalpossessionofthePartyseekingenforcementthereof.

42. INCONSISTENTORCONFLICTINGTERMS.

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

43. CAPTIONSANDHEADINGS.

Thecaptionsandheadingscontainedin thisAgreementareprovidedforidentificationpurposesonlyandshallnotbeinterpretedtolimitordefinethecontent,scope,orintentoftheprovisionsdescribedundertherespectivecaptionorheading.

44. ACKNOWLEDGEMENT.

Bysigningbelow,CONSULTANTacknowledgesthatithasreviewedtheCITY’sCONSULTANT/ProfessionalServicesAgreementtermsandconditionsandinsurancerequirementsandthatCONSULTANTherebyagreestofullcompliance. [Signaturesonnextpage]
15 555
AgreementNo._________________
In witnesswhereof,thePartieshaveenteredintothisAgreementeffectiveonthedateaswritteninsection3anduponsignatureofallParties.

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

RoseChaparro,CITYClerk Date(onlyifMayorauthorizes)
APPROVEDASTOFORM:

StephenM.Fischer,CITY DateAttorney(alwaysrequired)
3 TheCityrequiresthefollowingforanycontract:●Foracorporation,thesignaturesoftheBoardPresident,CEOorVicePresidentandoftheBoardSecretary,AssistantSecretary,CFOorAssistantTreasurer;●ForanLLC,thesignaturesofatleasttwomanagersoftheLLC(companydirectors,notlower-levelmanagers);or●Forapartnership,thesignatureofapartner.Ifthepartnershipisalimitedpartnership,thesignermustbeageneralpartner.Ifthecompanyhasadifferentstructure,oriftheabove-listedpersonsarenottheappropriatesigners,pleasesubmit totheCityAttorneylegally-bindingdocumentationstatingwhocansignandbindyourcompany. 2 ThePurchasingAgentmayexecuteanyauthorizedagreementupto$200,000. 1 TheCityCouncilmustauthorizeandtheMayormustexecuteanyagreementover$200,000. 16 556
AgreementNo._________________

EXHIBITA
CONSULTANT/PROFESSIONALSERVICEAGREEMENT(CITYofOxnardand__________)

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

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

CONSULTANTmustprovidestaff thathascurrentconfinedspaceandhazardousmaterialstraining.CONSULTANTmustprovideandPersonalProtectiveEquipment(PPE)tostaff asneededforworkingconditions.

CONSULTANTmuststrivetomaintaingoodpublicrelationsatalltimes.Theworkmustbeconductedinamanner,whichwillcausetheleastpossibleinterferenceandannoyancetothepublic.Workmustbeperformedbycompetentemployeesandsupervisedbyanexperienced,foremanorsupervisor.

AccidentReporting
CONSULTANTshallimmediatelynotifytheCITYofanyaccident,regardlessofwhetherornotinjuryordamageisevident,involvingtheCONSULTANT’sstaff,vehicles,orequipmentwhileontheworksite.CONSULTANTshalltakephotodocumentationofdamageandimmediatelyreporttoappropriateCITYcontact.CONSULTANTshalldocumentanydamagethatexistsbeforetheonsetofwork.TheCONSULTANTshalltakephotographsofexistingdamageandreporttoappropriateCITYcontactpriortocommencinganywork.AnydamagecausedasaresultoftheCONSULTANT’sactionsshallbethesoleresponsibilityoftheCONSULTANTtorepairorpayinfullfordamages. 17 557
AgreementNo._________________
TrafficControl
CONSULTANTshallprovideandmaintainallpropertrafficcontroldevicesrequiredfortheassignedworkperthelatesteditionoftheStateofCalifornia’sManualofUniformTrafficControlDevices(MUTCD).

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

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

CrewRental
CONSULTANTshallberequiredtoprovideasrequireduptoaneight(8)-mancrewincludingapickuptruck,allotherequipmentnecessarytoperformthespecifiedtask.

StreetandSidewalkMaintenanceConstructionServices
CONSULTANTshallprovidelaborandconstructionservicesincludingbutnotlimitedto:● Valvestackadjustmentandrepair● Curbandgutterrepairandreplacement● Concretesidewalkrepairandreplacement● Concretedrivewayapronrepairandreplacement● Asphaltrepairandreplacement EquipmentAvailability
CONSULTANTshallbeabletoprovideallequipmentnecessaryforworkrequested,includingbutnotlimitedto:● Dumptruck● 10-WheelerDumpTruck● Backhoe● Asphaltroller● Compactionequipment● Excavator● Skiploader 18 558
AgreementNo._________________
CleanUp
CONSULTANTshallremovealldebrisgeneratedasworkprogresses.Thestreet,parkway,andprivatepropertyshallbekeptclearofdebrisatalltimes.ItshallbetheresponsibilityoftheCONSULTANTtodisposeofallwastedebrisgeneratedbytheCONSULTANT.

Alldebrisfromoperationsshallbecleanedupeachdaybeforetheworkcrewleavesthesite.Areasaretobeleftina conditionequaltoorbetterthanthatwhichexistedpriortothecommencementoftreeoperations.

StormWater
Nomaterialgeneratedduringworkoperationsispermittedtoenteranystormdrain.TheCONSULTANTisrequiredtoabidebytheCITYofOxnardStormwaterQualityManagement.IncludingallapplicableBestManagementPractices(BMPs)forthedurationofthecontract.

RecordKeeping
CONSULTANTshallmaintainandproviderecordsand/orassociateddrawingsofallrepairsdonetoanyCITYsystem.

Invoicing/Billing
Invoicingforservicesrenderedisrequiredforproperpayment.Theworkmustbeidentifiedontheinvoice. 19 559
AgreementNo._________________

EXHIBITB
CONSULTANT/PROFESSIONALSERVICEAGREEMENT(CITYofOxnardand__________.)

SCHEDULEOFCOMPENSATION
SAMPLE
JobClassification
PrevailingWageHourlyRate
PrevailingWageOvertimeHourlyRate
Laborer(entrylevel) $90.13 $97.25
Laborer(experienced) $94.81 $101.00
Journeyman N/A N/A
Supervisor N/A N/A
Foreman $119.00 $156.00
EquipmentOperator $117.19 $154.69
CementMason $97.97 $126.83
PipeFitter N/A N/A
Tradesman $87.00 $121.00
Other
Mobilization(HourlyRate) $200.00
MaterialMarkup(%) 15%
EmergencyServiceFee $0
DONOTADDANYADDITIONALCOMPENSATIONTERMSSUCHASPRICEADJUSTMENTSORMODIFICATIONS.CONTACTCAOFORASSISTANCE.[DeletethishighlightfromFinal] 20 560
AgreementNo._________________

EXHIBITC
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardand__________)

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

PLEASECOPYANDPASTEAPPROPRIATEINSURANCEDOCUMENTS
21 561
AgreementNo._________________

EXHIBITD
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardand__________)

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

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

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

C. IfCONSULTANTfailstocompensatesuchemployeepursuanttotheLivingWagePolicy, theCityManagerordesigneeshallterminatethisAgreementonwrittennoticetoCONSULTANT,effectiveimmediately.

D. Inaddition,ifCONSULTANTfailstocomplywiththeLivingWagePolicyinanymanner, CONSULTANTshallpaytoCITYafineof$500andshallpaytoanyemployeeprovidingservicesunderthisAgreementapenaltyofthreetimestheamountorvalueofthecompensationowedtosuchemployeeundertheLivingWagePolicy. CONSULTANTshallpaysuchfineandpenaltywithinfifteen(15)calendardaysaftertheCityManagerordesigneeprovideswrittennoticetoCONSULTANToftheamountowed. 22 562
AgreementNo._________________
CITYOFOXNARDLIVINGWAGEREQUIREMENTSEFFECTIVEJULY1,2023
CONSULTANTshallcompensateanyemployeeof CONSULTANTwhoprovidesservicesunderthisAgreementinaccordancewiththeLivingWagePolicy,attachedheretoandincorporatedhereinbyreferenceasExhibitD. WhilethisAgreementisineffect,CONSULTANTshallpaysuchemployeenolessthan$18.89perhourforeachhourthatsuchemployeeprovidesservicesunderthisAgreement.ThishourlyrateshallbeadjustedonJuly1,2024,andeachJuly1thereafter,accordingtothepercentagechangein theConsumerPriceIndex,allitems,preparedbytheBureauofLaborStatisticsfortheLosAngelesarearelatingtoallurbanconsumers(CPI-U),indexbase1982-84=100,comparingMayofthepreviousyeartoMayofthecurrentyear. Inaddition,whilethisAgreementisineffect,CONSULTANTshallprovidetosuchemployeenolessthan96hoursofpaidleavepercalendaryear. a. CONSULTANTagreesto post,ata locationreadilyaccessibletothoseemployeesprovidingservicestotheCITY,acopyoftheLivingWagePolicyadoptedbytheOxnardCityCouncilonJuly9,2002andeffectiveOctober1,2002. b. IfCONSULTANTfailstocompensatesuchemployeepursuanttotheLivingWagePolicy, theCityManagerordesigneeshallterminatethisAgreementonwrittennoticetoCONSULTANT,effectiveimmediately. c. Inaddition,ifCONSULTANTfailstocomplywiththeLivingWagePolicyinanymanner, CONSULTANTshallpaytoCITYafineof$500andshallpaytoanyemployeeprovidingservicesunderthisAgreementapenaltyofthreetimestheamountorvalueofthecompensationowedtosuchemployeeundertheLivingWagePolicy. CONSULTANTshallpaysuchfineandpenaltywithinfifteen(15)calendardaysaftertheCityManagerordesigneeprovideswrittennoticetoCONSULTANToftheamountowed. 23 563
AgreementNo._________________

EXHIBITE
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardand__________)

PREVAILINGWAGE

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

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

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

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

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

6. CONSULTANTshallcomplywithLaborCodeSections1777.5,1777.6and1777.7andCaliforniaAdministrativeCodeTitle8,Section200etseq.concerningtheemploymentofapprenticesonpublicworksprojectsforallapprenticeableoccupations.BeforecommencingworkunderthisAgreement,CONSULTANTshallprovideCITYwitha copyof theinformationsubmittedto anyapplicableapprenticeshipprogram.Within60daysafterconcludingtheProject,CONSULTANT 24 564
AgreementNo._________________
andeachofitssubcontractorsshallsubmittoCITYaverifiedstatementofthejourneymanandapprenticehoursperformedunderthisAgreement.

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

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

9. CONSULTANTacknowledgesthat8hourslaborconstitutesalegalday’swork.CONSULTANTshallcomplywithandbeboundbyLaborCodeSection1810.

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

11. TheProjectlistedintheAgreementissubjecttocompliancemonitoringandenforcementbytheDIR.

12. CONSULTANTshallbe responsiblefor eachandeveryoneof itssubcontractors’compliancewithChapter1,theDIR’srulesandregulations,andLaborCodeSections1860and3700.CONSULTANTshallincludeinthewrittencontractbetweenitandeachsubcontractoracopyof,andarequirementthateachsubcontractorshallcomplywith,thosestatutoryprovisions.CONSULTANTshallberequiredtotakeallactionsnecessarytoenforcesuchcontractualprovisionsandensuresubcontractors’compliance,includingwithoutlimitation,conductingaperiodicreviewofthecertifiedpayrollrecordsofeachsubcontractor, anduponbecomingawareofthefailureofthesubcontractortopayitsworkersthespecifiedprevailingrateofwages,CONSULTANTshalldiligentlytakecorrectiveactiontohaltorrectifyanyfailure. 25 565
AgreementNo._________________

13. To themaximumextent,CONSULTANTshallholdharmless,defend(withcounselapprovedbytheCityAttorney)andindemnifyCITY,itslegislativebodies,anditsofficials,officers,employeesandagentsfromanydemandorclaimfordamages,compensation,fines,penaltiesor otheramountsarisingoutoforincidentaltoanyactsoromissionslistedabovebyanypersonorentity(includingCONSULTANT, itssubcontractors,andeachoftheirofficials,officers,employeesandagents)inconnectionwithanyworkundertakenorinconnectionwiththeAgreement,includingwithoutlimitationthepaymentofallattorneys’feesandotherrelatedcosts.All dutiesof CONSULTANTunderthisSectionshallsurviveAgreementtermination. 26 566
Exhibit INS-AINSURANCE REQUIREMENTS FOR CONSULTANTS(WITH ERRORS AND OMISSIONS REQUIREMENT)1.Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.a.Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;b.Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”c.Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.d.Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.2.Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):City of OxnardInsurance ComplianceReference No. P.O. Box 100085 – OXDuluth, GA 30096Via Email: [email protected] Fax: 678-259-10073.Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.4.Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).5.The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 567
Exhibit INS-APage 27.All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.7/6/2022 568
Exhibit INS-APage 3INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMSCertificates of InsuranceThe sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.Endorsement FormsOriginal endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.INS-A.doc 569
Exhibit INS-APage 4ACORD CERTIFICATE OF INSURANCEISSUE DATE (MM/DD/YY)PRODUCERTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.CODE SUB-CODECOMPANIES AFFORDING INSURANCE COVERAGEINSUREDCOMPANYLETTER ASPECIFY COMPANY NAMES IN THIS SPACECOMPANYLETTER BCOVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.COLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFFECTIVEDATE (MM/DD/YY)POLICY EXPIRATIONDATE (MM/DD/YY)LIMITSAGENERAL LIABILITY[x] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [x] OCCUR.[x] OWNER'S & CONTRACTOR'S PROT.GENERAL AGGREGATE $1,000,000PRODUCTS COMP/OP AGG .$1,000,000PERSONAL & ADV. INJURY $1,000,000EACH OCCURRENCE$1,000,000FIRE DAMAGE (Any one fire)$ MED. EXPENSE (Any one person)$ AAUTOMOBILE LIABILITY[x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITYCOMBINED SINGLE$1,000,000LIMITBODILY INJURY$ (Per person)BODILY INJURY$ (Per accident)PROPERTY DAMAGE$ AEXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORMEACH OCCURRENCE$ AGGREGATE$ AWORKERS' COMPENSATION ANDEMPLOYERS' LIABILITYSTATUTORY LIMITSEACH ACCIDENT$1,000,000DISEASE-POLICY LIMIT$1,000,000DISEASE-EACH EMPLOYEE$1,000,000AOTHERErrors and omissions insurance or malpractice insurance available for the insured's professionMinimum coverage$1,000,000Each consultant/$500,000& listed sub-consultantDESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSCERTIFICATE HOLDERCITY OF OXNARDAttn: Insurance Compliance Reference No._______ P.O. Box 100085 – OX Duluth, GA 30096Via Email: [email protected] Fax: 678-259-1007CANCELLATIONSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.AUTHORIZED REPRESENTATIVERev. 7/6/2022INS-A.doc 570
Exhibit INS-APage 5GENERAL LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”)SUBMIT IN DUPLICATEENDORSEMENT NO.ISSUE DATE (MM/DD/YY)PRODUCERPOLICY INFORMATION:Insurance Company:Policy No.:Policy Period: (from) (to)LOSS ADJUSTMENT EXPENSE Included in Limits In Addition to LimitsTelephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage. Per Occurrence Per Claim(which)NAMED INSUREDAPPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are coveredCITY AGREEMENTS/PERMITSTYPE OF INSURANCEGENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COMPREHENSIVE GENERAL LIABILITY OWNERS & CONTRACTORS PROTECTIVEClaims MadeRetroactive Date OccurrenceOTHER PROVISIONSCOVERAGESLIABILITY LIMITS IN THOUSANDS $EACH OCCURRENCEAGGREGATE GENERAL PRODUCTS/COMPLETED OPERATIONS PERSONAL & ADVERTISING INJURY FIRE DAMAGE  CLAIMS: Underwriter’s representative for claims pursuant to this insurance.Name: Address: Telephone:( ) In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:1.INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.2.CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.3.SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.4.CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.5.PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.6.SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:a.Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; orb.If excess, affords coverage which is at least as broad as the primary insurance form CG0001.Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.ENDORSEMENT HOLDERCITY OF OXNARDAttn: Insurance Compliance Reference No._______ P.O. Box 100085 – OX Duluth, GA 30096Via Email: [email protected] Fax: 678-259-1007AUTHORIZED REPRESENTATIVE Broker/Agent Underwriter  I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.Signature (original signature required)Telephone: ( ) Date Signed: Rev. 7/6/2022INS-A.doc 571
Exhibit INS-APage 6AUTOMOBILE LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATEENDORSEMENT NO.ISSUE DATE (MM/DD/YY)PRODUCERPOLICY INFORMATION:Insurance Company:Policy No.:Policy Period: (from)(to)LOSS ADJUSTMENT EXPENSE Included in Limits In Addition to LimitsTelephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage. Per Occurrence Per Claim(which)NAMED INSUREDAPPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:CITY AGREEMENTS/PERMITSTYPE OF INSURANCEOTHER PROVISIONSCOMMERCIAL AUTO POLICYBUSINESS AUTO POLICYOTHERLIMIT OF LIABILITYCLAIMS: Underwriter’s representative for claims pursuant to this insurance.Name: Address: Telephone:()$ per accident, for bodily injury and property damage.In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:1.INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.7.CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.8.SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.9.CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.10.PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.11.SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:a.Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); orb.If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.ENDORSEMENT HOLDERCITY OF OXNARDAttn: Insurance Compliance Reference No._______P.O. Box 100085 – OX Duluth, GA 30096Via Email: [email protected] Fax: 678-259-1007AUTHORIZED REPRESENTATIVE Broker/Agent Underwriter  I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.Signature (original signature required)Telephone: ( ) Date Signed Rev. 7/6/2022INS-A.doc 572

CITY OFOXNARD
Terms andConditions
NOTE: BIDDERS ARE RESPONSIBLE TO READ ALL INFORMATIONTHAT IS STATED IN THIS DOCUMENT 1 | Page
Terms and Conditions 10/30/19
573

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

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

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

Just a couple helpful hints before starting your registration:

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

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

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

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

2.0 RETURN OF BID/CLOSING DATEa. All Proposals/Bids/Quotes shall be submitted electronically to PublicPurchase.comby 2:00PMPaciﬁc Time onthe closingdate listedinthe Bidder Response Form. Bid responsesnotreceivedbythe City’s purchasingdivisionbythe closingdateandtimewill notbeaccepted.The City will not be responsible for and will not accept late bids due to slowinternetconnection, or incomplete transmissions. If the Bidder cannot uploadthebid responsetothePublicPurchase.comwebsite, deliveryof the bidresponse is acceptedat the CityofOxnard,CityHall, PurchasingDivision,300WestThirdStreet,Oxnard,CA93030, onorbefore2:00PM PT.b. The Solicitation must be signed by anauthorizedagent anduploadedtothe Public Purchasewebsite or if mailing, placed in a sealed package marked “Bidder Solicitation, clearlymarkingthe solicitationdesignedbidnumber”. Postmarks will notbeacceptedinlieuofthisrequirement. Proposals/Bids/Quotes submitted to any other City oﬃce will be rejected. 574
2 | Page
Terms and Conditions 10/30/193.0 RECEIPT AND OPENING OF PROPOSALS/BIDS/QUOTESProposals will not be openedpublicly. Quotes will beopenedpubliclyAnySolicitationreceivedaftertheestablished closing date and time will not be accepted. Solicitation results will be available afterProposals/Bids/Quotes have been reviewed.

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

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

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

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

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

The City's obligation for payment of this solicitation and ensuing Agreement beyond the current ﬁscalyear end is contingent upon andlimitedbythe availabilityof Cityfundingfromwhichpayment canbemade, and invoices shall be rendered “monthly” in arrears. In the State of California, Governmentagencies are not allowedtopayexcess interest andlate charges, per GovernmentCodes,Section926.10.No legal liability on the part of the City shall arise for payment beyondJune 30of eachcalendar yearunless funds are made available for suchpayment. Inthe event that suchfunds are not forthcomingforany reason, City shall immediately notify Contractor in writing; and the Agreement shall be deemedterminated, have no further force, and eﬀect. 575
3 | Page
Terms and Conditions 10/30/198.0 INQUIRIES BY BIDDERSRequests for explanation must be submitted via the PublicPurchase.com website by the timedesignated in the solicitation “Last Day for Questions”. The Purchasing Agent, or duly authorizedpersonnel, will post a response to the inquiries via the Public Purchase website.

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

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

1. Inadequate, ambiguous, or otherwise deﬁcient speciﬁcations.2. The services are no longer required.3. Proposals/Bids/Quotes received are at an unreasonable cost.4. Solicitation did not arrive in open competition, were collusive, or not submittedin good faith.5. The City determines, after analysis of the Proposals/Bids/Quotes that its needs canbe satisﬁed through a less expensive method.c. All Proposals/Bids/Quotes will become the property of the City, and all such informationsubmitted in connection to this solicitation becomes public record, and may be disclosedthrough the Public Records Act. The City may keep submissions and negotiationsconﬁdential untilCityCouncilapprovestheﬁnalcontractand/oraPurchaseOrdercontract isissued. Proposals/Bids/Quotes may containﬁnancial statements or other information whichconstitute a trade secret. In order to protect such data fromdisclosure, please identify thepages byclearlymarkingtheapplicablepagesasconﬁdential.Pleasenote;disclosureof suchdata considered conﬁdential by Bidder will only be withheld to the extent that the Citydetermines that disclosure is improper under applicable law. It is important to further notethat California law weighs heavily in favor of disclosing records submitted through asolicitation process. The City assumes no responsibility for disclosure or use of unmarkeddata for any purpose.d. This solicitationdoes not commit the Citytoawarda contract or topayanycosts incurredin 576
the preparation of a Solicitation in response to this request. The City reserves the right toaccept or reject any or all Proposals/Bids/Quotes received because of this request, tonegotiate with any qualiﬁed source or to cancel in part or in its entirety this Request ofProposal/Request for Bid if it is in the best interest of the City. 4 | Page
Terms and Conditions 10/30/1911.0 PUBLIC RECORDSAll Proposals/Bids/Quotes submittedinresponse tothis solicitationbecome the propertyoftheCityandunder the Public Records Act (Government Code section6250et. Seq.), are public records, andas suchmay be subject to public review. However, the Proposals/Bids/Quotes shall not be disclosed untilnegotiations are complete and recommendation for selection and award is made to the City Council.If a proposer claims a privilege against public disclosure for trade secret or other proprietary information,such information must be clearly identiﬁed in the Solicitation. Note that under California law, pricessubmitted in the proposal to a public agency is not a trade secret.

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

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

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

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

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

The awardedBidder agrees toextendthe same pricing,terms,andconditionsasstatedinthisAgreement 577
to every political entity, special district, andrelatednon-proﬁt entity. It is understoodthat other entitiesshall make purchases in their own name, make direct payment, and be liable directly to the awardedBidder; and City shall in no way be responsible to the awarded Bidder for other entities’ purchases.

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

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

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

All Proposals/Bids/Quotes will be given thorough review. All contacts during the bidding process andreview selection phase must contact the City’s Purchasing Division Buyer.Attempts by the Bidder tocontact any other the City representative may result in disqualiﬁcation of the Bidder.All evaluationmaterial will be consideredconﬁdentialand not releaseduntil after award. The City reserves the right tosplit or make the award that is most advantageous to the City. 578

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

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

1. Toissue a notice ofintenttocontractand/orexecuteacontractforanyorallofthe itemsinanySolicitation, inwhole or inpart, as the City, initssolediscretion, determinestobe in the City’s best interest;2. To discontinue negotiations with any applicant at any time prior to the execution of aﬁnal contract, whether or not a notice of intent to contract has been issued to theapplicant, andtoenter intonegotiations withanyother applicant, if the City, initssolediscretion, determines it is in the best interest of the City to do so;3. To rescind, at any time prior tothe executionof a ﬁnal contract, anynotice of intent tocontract issuedtoanapplicant, andtoissue or not issue anoticeofintenttocontracttothe same or a diﬀerent applicant and enter intonegotiations withthat applicant, if theCity, in its sole discretion, determines it is in the best interest of the City to do so;4. To elect not to enter into any contract with any applicant, whether or not a notice ofIntent to Contract has been issued and with or without the reissuing the notice ofcontract opportunity, if the City determines that it is in the City’s best interest to do so5. To reject any or all oﬀers, to waive any discrepancy, any irregularity, or technicalitywhich the City deems reasonably correctable or otherwise not warranting rejection ofthe solicitation.6. To split or make the award in any manner determined by the City to be mostadvantageous to the City. 579
Before award, proposers may be required to furnish evidence of capability, equipment, and ﬁnancialresources to adequately perform the job. The Proposals/Bids/Quotes of proposers found not to bequaliﬁed may be rejected.

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

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

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

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

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

4. The speciﬁc action or decision protested.

5. The basis for the protest.

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

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

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

1. A speciﬁc identiﬁcation of the statutory or regulatory provision(s), if applicable, that thealleged action is in violation.2. A speciﬁc description of each act alleged to have violated the statutory or regulatoryprovision(s), in applicable.3. A precise statement of the relevant facts and identiﬁcation of the issue or issues needingaddressed.4. Complaints about events or decisions made before the Solicitation deadline. 5. Complaintsthat the Solicitation unduly constrains competition through improper minimum qualiﬁcationsor speciﬁcations. 580

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

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

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

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

25.0 SMALL LOCAL BUSINESS PURCHASING PREFERENCE
a. The City oﬀers a bidding preference for small local businesses. A “small local business” is deﬁned as abusiness entity that meets all of the following criteria:
581

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

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

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

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

28.0 USE BY OTHER POLITICAL ENTITIES
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The Bidder agrees to extend the same pricing, terms, andconditions as statedinthis procurement andensuing Agreement toeachandeverypolitical entity, special district, andrelatednon-proﬁt entity. It isunderstood that other entities shall make purchases in their own name, make direct payment, and beliable directlytothe Bidder; andthe Cityshall innowayberesponsibletotheBidderforotherentities’purchases. 10 | Page
Terms and Conditions 10/30/19
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4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

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

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
584
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

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

COMMUNITY FACILITIES DISTRICTS
585

5. Special Districts Agreement 32400250 Cost Breakdown.xlsx Total ESTIMATED Charges Per District Per FY FY23-24 (6 Months)FY24-25 (12 Months)FY25-26 (12 Months)FY26-27 (12 Months)FY27-28 (12 Months)FY28-29 (12 Months)FY29-30 (6 Months)5-Year Term Grand ESTIMATED TotalsDistrict FY24 ESTIMATED Total FY25 ESTIMATED Total
FY26 ESTIMATED Total
FY27 ESTIMATED Total
FY28 ESTIMATED Total
FY29 ESTIMATED Total
FY30 ESTIMATED TotalLMD No. 3 (River Ridge)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) MAD No. 4 (Mandalay Beach)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) LMD No. 10 (Country Club Estates)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 11 (St. Tropez)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 12 (Standard Pacific)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 13 (Le Village)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 14 (California Cove)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 16 (California Lighthouse)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 23 (Greystone)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 24 (Vineyards)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 25 (Pointe) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 27 (Rose Island)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 28 (Harborside)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) LMD No. 30 (Haas Automation)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 31 (Rancho De La Rosa)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 32 (Oak Park)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 33 (El Paso) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 34 (Sunrise Pointe & Sunset Cove)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 36 (Villa Santa Cruz & Villa Carmel)($ 1,377.00) ($ 2,795.00) ($ 2,877.00) ($ 2,960.00) ($ 3,046.00) ($ 3,133.00) ($ 1,589.00) ($ 17,777.00) LMD No. 37 (Pacific Breeze)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 38 (Aldea Del Mar)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 39 (El Sueno Promesa) - 74.36%($ 839.00) ($ 1,703.00) ($ 1,750.00) ($ 1,801.00) ($ 1,853.00) ($ 1,906.00) ($ 966.00) ($ 10,818.00) LMD No. 39 (DR Horton/Seawinds) - 25.64%($ 290.00) ($ 587.00) ($ 605.00) ($ 621.00) ($ 639.00) ($ 659.00) ($ 334.00) ($ 3,735.00) LMD No. 40 (Cantada) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 41 (Pacific Cove)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 42 (Cantabria & Coronado)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 43 (Greenbelt)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 46 (Daily Ranch)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 47 (Sycamore Place)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 49 (Cameron Ranch)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 50 (Pleasant Valley Senior Housing)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 51 (Pfeiler) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 52 (Wingfield)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 53 (Huff Court)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 54 (Meadow Crest Villas)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 55 (Wingfield West)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 58 (Westwind)($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) LMD No. 60 (Artisan) ($ 1,127.00) ($ 2,287.00) ($ 2,354.00) ($ 2,422.00) ($ 2,492.00) ($ 2,562.00) ($ 1,299.00) ($ 14,543.00) WAD Zone 1 (Mandalay Bay) - 90.26%($ 1,263.00) ($ 2,533.00) ($ 2,605.00) ($ 2,679.00) ($ 2,756.00) ($ 2,836.00) ($ 1,438.00) ($ 16,110.00) WAD Zone 2 (Harbour Island) - 9.74%($ 314.00) ($ 353.00) ($ 361.00) ($ 369.00) ($ 378.00) ($ 386.00) ($ 195.00) ($ 2,356.00) CFD 2000-3 (Oxnard Boulevard/Highway 101)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 1 (Westport Bonded)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 2 (Westport) ($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 3 (Seabridge Bonded)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 4 (Seabridge) ($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 5 (Riverpark) ($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) CFD No. 8 (Sakioka Farms)($ 4,182.00) ($ 8,483.00) ($ 8,723.00) ($ 8,969.00) ($ 9,224.00) ($ 9,484.00) ($ 4,808.00) ($ 53,873.00) AD 2000-1 (Oxnard Boulevard/Highway 101)($ 3,182.00) ($ 6,453.00) ($ 6,632.00) ($ 6,815.00) ($ 7,005.00) ($ 7,199.00) ($ 3,649.00) ($ 40,935.00) AD 2001-1 (Series 2012 Refunding)($ 3,182.00) ($ 6,453.00) ($ 6,632.00) ($ 6,815.00) ($ 7,005.00) ($ 7,199.00) ($ 3,649.00) ($ 40,935.00) ESTIMATED TOTALS($ 79,916.00) ($ 161,827.00) ($ 166,482.00) ($ 171,227.00) ($ 176,132.00) ($ 181,089.00) ($ 91,811.00) ($1,028,484.00) 586
Agreement 32400250 with NBS Government
Finance Group for Special District
Administrative, Professional, and Technical
Services
Public Works & Transportation Committee, November 28, 2023 City Council, December 19, 2023
Eric L. Storrie
Special Districts Manager
587
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute the Agreement with NBS Government
Finance Group for ongoing administrative, professional, and technical services for the Special Districts Division in the amount not to exceed $1,028,484 for the maximum five year term of the Agreement, with the initial agreement term of three years, ending December 31, 2027, after which the Agreement may be extended for two additional one-year terms with a fully extended final term ending on December 31, 2029.

RECOMMENDATION 2
588
That the City Council approve and authorize the Mayor to execute the Agreement with NBS Government Finance Group for ongoing administrative, professional, and technical services for the Special Districts Division in the amount not to exceed $1,028,484 for the maximum five year term of the Agreement, with the initial agreement term of three years, ending December 31, 2027, after which the Agreement may be extended for two additional one-year terms with a fully extended final term ending on December 31, 2029.

RECOMMENDATION 3
589
MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD 4
More information can be
found at:
oxnard.org/specialdistricts
590
• The Special Districts Division of the Public Works
Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts,
including bonded and non-bonded Community Facilities
Districts (“CFDs”), Landscape Maintenance Districts
(“LMDs”), Waterways Maintenance Assessment Districts
(“WADs”), and a Maintenance Assessment District (“MAD-
4”).
• Each of these Special Districts have specific individual authorized services and improvements, including but not limited to: park landscapes, open spaces, parkways,
medians, other public improvements, and recreation and
park amenities such as picnic shelters, restrooms, arbors, and fountains.

BACKGROUND 5
591
• Properties within each District are assessed in an annual parcel charge for the purposes of maintaining the
improvements and other authorized services, such as
consulting, within their District.
• NBS Government Finance Group (“NBS”) specializes in the administration of California special financing districts and provides services such as database development, budget
preparation, assessment computation, analysis, and
engineer reports.
• Since 2017, the City contracted with NBS to provide
administrative support to the Special Districts Division, such as budget preparation and the Engineer’s Report.

BACKGROUND 6
592
• On-call services are included to support Division operations. • For example, when a resident is buying or selling a home and wants to know what the special tax payoff amount is for their APN. This is not a request that staff have the
knowledge, skills, or abilities to answer and requires on-call administrative assistance from NBS.
• In February 2023, Special Districts entered into a negotiated sole source agreement with NBS for the administration of Special Districts while the solicitation for the long-term consulting services was developed and bid.
• The current agreement (32300207) expires on December
31, 2023.

BACKGROUND 7
593
• The Purchasing Department released a Request for
Proposals (“RFP”) PW24-02 for Special Districts
Administrative Professional and Technical Services on
August 16, 2023 with a proposal due date of September 11, 2023.
• The RFP received a total of one (1) proposal (NBS)
• The proposal was reviewed by the Purchasing and the
Special Districts staff with a determination that NBS met the requirements of the solicitation scoring criteria listed in RFP PW24-02.

DISCUSSION 8
594
• The evaluation method consisted of the following:
• Proposer’s ability and history in providing the requested services or work for public agencies of similar size,
population, and need as the City.
• Responsiveness of the proposal and the clarity and
completeness of the proposed Scope of Work.
• Demonstrated technical competence and experience to
perform the services or work requested in the RFP.
• Past record of performance of similar work or service as determined by all available information.
• Cost Proposal.

DISCUSSION 9
595
• Staff has confirmed that NBS meets all required City
contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State and staff believe the contractor is capable of satisfactorily providing services.
• All services provided will be based on available funding within the individual districts.
• As with all other on-call services, NBS will only be
compensated for those services that are actually provided. • This new Professional Services Agreement is a stand-alone agreement and not an extension of the previous Agreement and/or Amendments.

DISCUSSION 10
596
• The total cost of this Agreement, if extended to its maximum allowable term of five (5) years, shall not exceed
$1,028,484.
• Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over year. • The estimated spending plan for the remainder of Fiscal Year 2023-24 is $79,916 commencing January 1, 2024.
• Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be
requested through the annual budget process.

FINANCIAL IMPACT 11
597

QUESTIONS
12 598

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.6

DATE: December 19, 2023

TO: City Council

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

SUBJECT: Agreement 32400277 with Aquatic Bioassay and Consulting Laboratories, Inc. for Channel Islands Harbor Water Quality Monitoring and Consulting Services. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute Agreement 32400277 with Aquatic Bioassay and Consulting Laboratories, Inc. for Channel Islands Harbor Water Quality Monitoring and Consulting Services in the amount not to exceed $99,441 for a seven-month term, ending June 30, 2024.

(This item did not originate in Committee because it is a continuation of existing services already included in the FY 2023-24 City Council-approved Special Districts budget)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/D56tCfJaDE0

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including bonded and non-bonded Community Facilities Districts (CFDs), Landscape Maintenance Districts (LMDs), Waterways Maintenance Assessment Districts (WADs), and a Maintenance Assessment District (MAD-4). Each Special District has specific individual authorized services and improvements, including, but not limited to: park landscapes, open spaces, parkways, medians, other public improvements, water quality remediation in Channel Islands Harbor (the Harbor), and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed an annual parcel charge for the purposes of maintaining these and other authorized services and improvements within their District.

Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) specializes in toxicity testing, aquatic biological monitoring, and provides project management, field sampling, toxicity testing, freshwater and marine bioassessments, technical consulting, data management, and reporting. ABC Labs has provided water quality monitoring and consulting services for the Special Districts Division since 2020.

ABC Labs performs the Chlorophyll-a analysis and the Phytoplankton population and density analysis, provides technical assistance, and uploads the reports to the Los Angeles Regional Water Quality Control Board (LARWQCB) and the California Environmental Database Exchange Network (CEDEN). This data will help determine if the Canal and the Harbor are impaired water bodies that should be identified on the State’s list of impaired and threatened water bodies (303(d) list). If listed, the City will be able to compete for water quality grants that are offered by the State of California.

The Channel Islands Neighborhood Council (CINC) volunteers continue to provide collection efforts of the water samples for testing at no cost to the City. Staff and ABC Labs are currently working to update the Quality Assurance Project Plan (QAPP) for the water sampling, testing, and recording procedures.

599

DISCUSSION

This Agreement (32400277) with ABC Labs is a Sole Source Agreement based on the need to continue the State- approved procedures that are identified in the QAPP. This seven-month agreement will provide continued Harbor water quality monitoring and consulting services as a stopgap between the former ABC Labs Agreement and the new solicitation (PW#24-47) for the Channel Islands Harbor Water Quality Program that is currently being processed. This solicitation was issued on October 20, 2023 and closed on November 30, 2023. Staff are reviewing the proposals and will bring this item to the City Council for consideration on March 4, 2024.

The scope of work for this Agreement (32400277) includes:
• Monitoring, QA/QC, analysis and reporting of remote sensor data, including annual maintenance and calibration of equipment.
• Collection, laboratory analysis, and reporting of chlorophyll-a and phytoplankton. • Contractor will meet with staff and stakeholders as necessary per city direction, provide QAPP QA/QC, and create CEDEN uploads.
• Consultant shall conduct five (5) toxicity testing samples, two (2) in dry weather and three (3) in wet weather. • Additional as-needed support related to water quality monitoring and toxicity testing per city direction.

Staff has confirmed that the contractor 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.

Agreement 32400277 is a stand-alone Agreement and not an extension of previous Agreements and Amendments.

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 of this Agreement shall not exceed $99,441.00 for the seven-month term. This agreement is being brought to the City Council for their consideration since the cumulative amount for ABC Labs this Fiscal Year will exceed $200,000. Funding is available in the FY 2023-24 operating budgets, previously City Council-approved ARPA funding, and County of Ventura Channel Islands Harbor Water Quality Projects Funding Agreement A-8534.

As authorized in the formation documents of the Waterways Districts (Seabridge CFD, Westport CDF, Mandalay Bay WAD-1, and Harbour Island WAD-2), each district is responsible for water quality remediation. Each District’s funding percentage is based on its percentage of the overall harbor surface area, represented by the waterways immediately adjacent to their respective developments. These percentages are identified below in the Financial Impact section. There is a shared common area equal to 20.09% of the total Harbor surface area to be funded through non-assessment funding, such as ARPA and County funding.

600
Funding
Source
Percentage Share of
Expense
Fund Amount
Westport CFD-2 10.31% 120-Assessment
District Org.
60203801-53200
$10,252.37
Seabridge CFD-4 23.37% 120-Assessment
District Org.
60403801-53200
$23,239.36
Mandalay Bay WAD-1 40.71% 120-Assessment
District Org.
40103801-53200
$40,482.43
Harbour Island WAD-
2 5.52% 120-Assessment
District Org.
40203801-53200
$5,489.14
Non-Special District
Funding*

20.09% Misc. $19,977.70
TOTAL 100.00% $99,441.00
*This includes City Council-authorized American Rescue Plan Act (ARPA) funding and County of Ventura funding under Agreement A-8534.

For Finance Use Only: * (Orgs. 1013801/ 2043801 / 3203801 Obj. 53200) Projects M2211 and G2232

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of existing services already included in the FY 2023-24 City Council approved Special Districts budget.

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

ATTACHMENTS

1. Agreement 32400277

2. City of Oxnard Special Districts Map

3. City of Oxnard Special Districts List

4. Presentation

601
Agreement No. 32400277

TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND AQUATIC BIOASSAY & CONSULTING
LABORATORIES, INC.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Aquatic Bioassay & Consulting Laboratories, Inc. (“SERVICE PROVIDER”), and SERVICE PROV IDER agrees to perform the services for CITY as herein described, for the com pensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES.

Negotiated Sole Source Agreement for water quality monitoring, toxicity testing and consulting services related to the Channel Islands Harbor Monitoring Project

2. PARTIES.

CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Aquatic Bioassay & Consulting Laboratorie s, Inc., (“SERVICE PROVIDER”), a corporation of the State of California, located at 29 N. Olive Street, Ventura, CA 93001

3. TERM OF AGREEMENT: From: December 20, 2023 To: June 30, 2024

3.1 Time is of the essence in this Agreement.

3.2 This Agreement does not have any options to extend.

3.3 INTENTIONALLY OMITTED

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: $99,441.00

5. AGREEMENT EXHIBITS: The following doc uments memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth

Page 1 of 28 ends

602
Agreement No.32400277

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 Requirement s: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

6. DESIGNATED REPRESENTATIVES.

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

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Eric Storrie Name: Scott Johnson
Title: Special Districts Manager Title: Laboratory Director Phone: 805- 385-7496 Phone: 805-643-5621 Email: [email protected] Email: [email protected] Mailing Address: 1060 Pacific Ave. Mailing Address (if differs from above):

Bldg. 1, Oxnard, CA 93030

7. CONTRACTUAL PREREQUISITES.

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

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

7.3. All proof of business lic ense, 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.

Page 2 of 28 ends

603
Agreement No.32400277

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

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time a nd 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 Sc hedule of Compensation may only be modified by writt en Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, withi n thirty (30) days after receip t 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 t he 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 per formed within the current fiscal year are within the current fiscal budget and wit hin an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Serv ices 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.

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Agreement No.32400277

10.3 SERVICE PROVIDER’s acceptance of fi nal payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER fo r 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 prov ided 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 employ ees, agents and Subcontracted service providers.

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

11. OPTION TO EXTEND AGREEMENT.

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

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14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and s hall retain the right to exercise full control over the employment, direction, means of perform ance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the per formance 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 ar e not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER sha ll 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 relate d to the performance of dut ies under this Agreement.

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

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CI TY’s Code and/or under state law. All work performed under this Agreement shall be performed in su ch a manner as to provide safety to the public. The CITY reserves the right to iss ue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful ac ts are observed or reported relative to

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the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operat e as a release of t he 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 te chnical 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 a ll services and matters covered under this Agreement. The CITY shall have free a ccess 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 theref rom, and to inspect all program data, documents, proceedings, and activities.

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

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

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs devel oped pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PR OVIDER’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 reproduc ed, 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

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of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of c onfidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Se ction 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligati ons pursuant to this Agreement. If SERVICE PROVIDER is granted such a ccess to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

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

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

18. ASSIGNMENT.

This Agreement is for the non-professiona l services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or bur dens 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 assi gn another to supervise the SERVICE PROVIDER's performance of this Agreement wit hout 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 Ag reement 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) calend ar days from the date of receiving such notice in which to cure t he breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received not ice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.

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20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by pers onal 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 perso ns 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 Ag reement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent cov enant 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.

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23.2 The duty to defend is a separate and distinct obligati on 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 ob ligation to defend the Indemni tees. 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, SERVI CE 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 defens e 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 in spect, review, monitor, or supervise the work performed by SER VICE PROVIDER pursuant to this Agreement. The provisions of this Sect ion shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Ag reement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreem ent, and to indemnify and hold CITY harmless from any and all taxes, assessm ents, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be so lely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, dire ctors, officers, employees, agents and representatives, including co mpliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer- employee relations, as applicable. CITY s hall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROV IDER 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 main tain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is

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attached hereto and incorporated herein by th is 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 sa tisfactory 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 PROV IDER’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 t herein to all of it s employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prev ailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when t he 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 s ubject 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 pub lic works projects for the purpose of evading these prevailing wage requirements.

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

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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 completi ng 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 maintenanc e of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. [RESERVED]

29. [RESERVED]

30. DISPUTES.

Except as otherwise prov ided 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 De signated Representative shall be final and conclusive unless SERVICE PROVIDER reques ts mediation within ten (10) calendar days. Pending final decision of a disput e, the SERVICE PROVIDER shall proceed diligently with the performance of the Agre ement 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 sha ll meet in mediation within a reasonable time not to exceed forty five (45) days of a reques t. The mediator shall be agreed to by the mediating Parties. In t he absence of an agreement on a mediator, the Parties shall each submit one name from medi ators listed by the American Arbitration Association, the California St ate Board of Mediation and C onciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Part ies. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal ac tion without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a m eeting with the mediator, shall last until agreement is reached by the Part ies but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

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32. AUDIT.

CITY shall have the option of inspecti ng, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally , if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs late r. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reim burse 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, trav el, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Secti on in all contracts wit h 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 no t use the name of or refe r 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 unlawfu lly discriminate against any individual based on race, color, religion or religious cr eed, 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 t hat 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 PROVID ER nor the CITY shall be responsible for any delay caused by any contingency beyond their contro l, including, but not limited to, war or insurrection, walkouts by the Pa rty’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

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36. GOVERNING LAW.

The terms of this Agreement shall be interp reted 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 por tion 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 th is Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

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

39. NO THIRD-PA RTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall cons titute 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 unt il the counterpart exec uted by the other Party to this Agreement is in the physica l possession of the Part y seeking enforcement thereof.

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42. INCONSISTENT OR CONFLICTING TERMS.

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

43. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER a cknowledges 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 AQ UATIC BIOASSAY AND
CONSULTING LABORATORIES, INC.

☐John C. Zaragoza, Mayor1 Date Joe Freas, President Date ☐Jennifer Yates, 2
Purchasing Manager

Ashley Freas, Secretary 3 Date

A T T E S T :

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

APPROVED AS TO FORM:

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

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

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and Aquatic Bioassay and Consulting Laboratories, Inc.)

SCOPE OF SERVICES

Eric Storrie, Special District Manager/805-385-7496/[email protected]

The Consultant shall conduct all the following on-call activities for the Channel Islands Harbor Monitoring Project:

1. Remote Sensors
a. Weekly data downloads, cleaning, water sampling (March 30th to October 30th) during 32 weekly visits to two RBR remorse sensors at Seabridge (station 6) and Westport (station 7). Data from each sensor will be downloaded, sensors will be cleaned and water samples for chlorophyll-a and phytoplankton will be collected.
b. Each week data will be reviewed, adjusted for drift, assessed, plotted by week and deployment time span, and delivered to the City.
c. Sensors will be retrieved from the Harbor at the end of November and cleaned. d. Sensor packages will be shipped to the manufacturer for annual factory calibration. Sensors will be fixed or replaced by the manufacturer as needed.
e. Equipment will be purchased as necessary to ensu re secure deployment of sensors from the docks.

Deliverables
32 weekly visits to stations 6 and 7 to conduct cleaning, maintenance and data downloads
Weekly data QC, analysis and graphics
Annual factory maintenance, calibration and shipping

2. Laboratory Analysis
a. Chlorophyll-a analysis on weekly water samples collected from stations 6 and 7. b. Phytoplankton population and densities on weekly water samples collected from stations 6 and 7. c. Shipping.

Deliverables
64 chlorophyll-a and phytoplankton population
Data delivered in spreadsheet and report format

3. Consulting
a. Consultant will attend virtual and, when appropr iate, in person meetings with City Staff. b. Consultant will provide QA Officer duties for up to 50 hours for sample collection, data delivery and

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amendments to the QAPP.
c. Consultant will create CEDEN data exports for up to 55 hours. The City Project Manager will ensure the data necessary for these exports are available. Data sets that do not include all QC and ancillary data will not be submitted to CEDEN.

Deliverables
Meetings with City of Oxnard staff
Perform QA Officer duties
Create CEDEN data exports

4. Toxicity Testing
As required, Consultant shall conduct five (5) toxicity testing samples throughout the fiscal years; t wo (2) in
dry weather and three (3) in wet weather.

Deliverables
Chronic Mysid toxicity testing
Program management and reporting to City staff
Test results uploaded to CEDEN

5. As Needed Services
Additional as-needed support related to water quality monitoring and toxicity testing for the Channel Islands Harbor Monitoring Project. All work under this task must be pre-authorized by designated City Representative

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Aquatic Bioassay Consulting Laboratories, Inc.

City of Oxnard - Channel Islands Harbor Project
(2) Sensors @ SeaBridge Westport
Stop Gap Budget: Nov 2023 to Jun 2024
Program Phase Task/Analyte Personnel/Method Price/Rate
Hours/
Samples/
Events
Project Budget Qty Used
in Period
Qty
Previously
Used
Qty
Remaining
Current
Billing
Previous
Billing Billed to Date Remaining % Remaining
On Call Consulting Remote sensors (2) Weekly Data Downloads, Cleaning, Sampling: 14 weeks x 3 hrs Senior Biologist 164 $ 42 6,888$ 42 -$ - $ - $ 6,888$ 100% 2 Sensors Data Analysis & reporting AET Scientitst 130 $ 12 1,560$ 12 - $ - $ - $ 1,560$ 100% AET Analyst 190 $ 12 2,280$ 12 - $ - $ - $ 2,280$ 100% Dave Caron 325 $ 8 2,600$ 8 - $ - $ - $ 2,600$ 100% Scott Johnson 253 $ 10 2,530$ 10 - $ - $ - $ 2,530$ 100% Scientist 190 $ 10 1,900$ 10 - $ - $ - $ 1,900$ 100% Sensor maintenance & cleaning (In lab) Senior Biologist 164 $ 12 1,968$ 12 - $ - $ - $ 1,968$ 100% Deployment & Maintenance Equipment 2,000 $ 1 2,000$ 1 - $ - $ - $ 2,000$ 100% Extra Sensors, cables, etc. 4,000 $ 1 4,000$ 1 - $ - $ - $ 4,000$ 100% Maintenance at ABCL - cleaning, replace sensors, etc. 4,000 $ 1 4,000$ 1 - $ - $ - $ 4,000$ 100% Task Total: 29,72 6$ - $ - $ - $ 29,726$ 100% Laboratory Analyses Chla SM 10200 H 80 $ 28 2,240$ 28 - $ - $ - $ 2,240$ 100% (March 30th to June 30th Phytoplankton - taxa, densities AET Lab 160 $ 28 4,480$ 28 - $ - $ - $ 4,480$ 100% Chronic 7-day Mysid Survival & Growth EPA-821-R-02-014 815 $ 40 32,600$ 40 - $ - $ - $ 32,600$ 100% = 14 weeks x 2 sites) Shipping 120 $ 5 600$ 5 - $ - $ - $ 600$ 100% Task Total: 39,92 0$ - $ 39,920$ 0% Consulting Meetings/Consulting Dave Caron 325 $ 10 3,250$ 10 - $ - $ - $ 3,250$ 100% Scott Johnson 253 $ 10 2,530$ 10 - $ - $ - $ 2,530$ 100% QA/QC Officer Management Senior Biologist 164 $ 25 4,100$ 25 - $ - $ - $ 4,100$ 100% CEDEN Data Exports Senior Biologist 164 $ 25 4,100$ 25 - $ - $ - $ 4,100$ 100% 13,980$ - $ 13,980$ 0% On Call AET Scientitst 130 $ 15 1,950$ 15 - $ - $ - $ 1,950$ 100% AET Analyst 190 $ 15 2,850$ 15 - $ - $ - $ 2,850$ 100% Dave Caron 325 $ 15 4,875$ 15 - $ - $ - $ 4,875$ 100% Scott Johnson 253 $ 10 2,530$ 10 - $ - $ - $ 2,530$ 100% Scientist 190 $ 19 3,610$ 19 - $ - $ - $ 3,610$ 100% Task Total: 15,815$ - $ 15,815$ 0% Total Services 99,441$ 99,441$ 100% 11/1/2023
Agreement No. 32400277

EXHIBIT B

TRADE SERVICE AGREEMENT
(City of Oxnard and Aquatic Bioassay and Consulting Laboratories, Inc.)

SCHEDULE OF COMPENSATION

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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Aquatic Bioassay and Consulting Laboratories, Inc.)

INSURANCE REQUIREMENTS

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, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

3. Consultan
t 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 coverage
s 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.

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Agreement No.32400277

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 fo rm 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 cert ificate does not change covera ge 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.

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Agreement No.32400277

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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Agreement No.32400277

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 $

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 suits arising from the operations, products and activities performed by or on behalf of the named insured.

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

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

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

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

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions 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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Agreement No. 32400277

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

CITY AGREEMENTS/PERMITS

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

LIMIT OF LIABILITY
CLAIMS:

Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

1. INSURED. The City, its officers, agents, volunteers and employees 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.

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 excl usions 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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Agreement No.32400277

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Aquatic Bioassay and Consulting Laboratories, 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 a ll standard trade services cont racts 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 Agreem ent in accordance with the Living Wage Policy, attached hereto and in corporated herein by refer ence as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

C. If SERVICE PROVIDER fails to co mpensate 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 fa ils 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 su ch fine and penalty wit hin fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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Agreement No.32400277

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreem ent 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 em ployee provides services under this Agreement. This hourly rate shall be adj usted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84= 100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

b. If SERVICE PROVIDER fails to co mpensate 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 fa ils 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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Agreement No.32400277

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Aquatic Bioassay and Consulting Laboratories, Inc.)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and re gulations 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, copi es 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 wit h and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the pay ment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcont ractor 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. 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 a fter concluding the Project, SERVICE

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Agreement No.32400277
PROVIDER and each of its subcontractors sha ll 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 Sect ion 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 current ly registered and qualified to perform public work pursuant to Labor Code Sect ion 1725.5. SERVICE PROVIDER shall continue without interruption to stay regi stered 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 c onstruction, alteration, demoliti on, 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 Lab or 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 sh all 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 res ponsible 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. SER VICE 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 statut ory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, incl uding without limitat ion, 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.

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Agreement No.32400277

13. To the maximum extent, SERVICE PROV IDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agent s 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 offici als, officers, empl oyees 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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629
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

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

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
630
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

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

COMMUNITY FACILITIES DISTRICTS
631
Agreement 32400277 with Aquatic
Bioassay and Consulting Laboratories,
Inc. for Channel Islands Harbor Water
Quality Monitoring and Consulting
Services
City Council
December 19, 2023
Eric Storrie
Special Districts Manager
632
That the City Council approve and authorize the Mayor to execute Agreement 32400277 with Aquatic Bioassay and
Consulting Laboratories, Inc. for Channel Islands Harbor Water Quality Monitoring and Consulting Services in the amount not to exceed $99,441 for a seven-month term,
ending June 30, 2024.

RECOMMENDATION
2 633
3 MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD
More information
can be found at:
oxnard.org/city-dep
artment/finance/spe
cial-assessment-dis
tricts/
634
• The Special Districts Division of the Public Works
Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, bonded and non-bonded Community Facilities Districts (CFDs),
Landscape Maintenance Districts (LMDs), Waterways
Maintenance Assessment Districts (WADs), and a
Maintenance Assessment District (MAD-4).

• Each Special District has specific individual authorized services and improvements, including, but not limited to:
park landscapes, open spaces, parkways, medians, water
quality remediation and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains.

BACKGROUND
4 635
• Properties within each District are assessed an annual parcel charge for the purposes of maintaining these and other authorized services and improvements within their District.
• Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) specializes in toxicity testing, aquatic biological monitoring, and provides project management, field
sampling, toxicity testing, freshwater and marine
bioassessments, data management and reporting.
• Since 2020, ABC Labs has provided water quality
monitoring and consulting services.

BACKGROUND
5 636
● ABC Labs performs the Chlorophyll-a analysis and the
Phytoplankton population and density analysis, provides technical assistance, and uploads the reports to the Los Angeles Regional Water Quality Control Board and the
California Environmental Database Exchange Network.
● This data will help determine if the Canal and the Harbor are impaired water bodies that should be identified on the State’s list of impaired and threatened water bodies
(303(d) list).
● If listed, the City will be able to compete for water quality grants that are offered by the State of California.

BACKGROUND
6 637
● The Channel Islands Neighborhood Council (CINC)
volunteers continue to provide collection efforts of the water samples for testing at no cost to the City.

● Staff and ABC Labs are currently working to update the Quality Assurance Project Plan (QAPP) for the water
sampling, testing, and recording procedures.

BACKGROUND
7 638
● This Agreement (32400277) with ABC Labs is a Sole
Source Agreement based on the need to continue the
State approved procedures that are identified in the QAPP.

● This agreement will provide continued Channel Islands Harbor water quality monitoring and consulting services as a stop gap between the former ABC Labs Agreement and
the new solicitation (PW#24-47) for the Channel Islands Harbor Water Quality Program that is currently being
processed.
● This solicitation was issued on October 20, 2023 and
closed on November 30, 2023 and staff will bring this item to the City Council for consideration on March 4, 2024.

DISCUSSION
8 639
● Agreement 32400277 scope of work includes:
-Monitoring, QA/QC, analysis and reporting of remote
sensor data, including annual maintenance and calibration of equipment.
-Collection, laboratory analysis, and reporting of
chlorophyll-a and phytoplankton.
-Contractor with meet with staff and stakeholders as
necessary, provide QAPP QA/QC, and create CEDEN
uploads.
-Consultant shall conduct five (5) toxicity testing samples, two (2) in dry weather and three (3) in wet weather.
-Additional as-needed support related to water quality
monitoring and toxicity testing per city direction.

DISCUSSION
9 640
● Staff has confirmed that the contractor 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.
● Agreement 32400277 is a stand-alone Agreement and not an extension of previous Agreements and Amendments.

DISCUSSION
10 641
• The total cost of this Agreement shall not exceed
$99,441.00 for the seven month term.
• This agreement is being brought to the City Council for their consideration since the cumulative amount for ABC Labs this Fiscal Year will exceed the staff allowable limit per the Purchasing procedures.
• Funding is available in the FY 2023-24 operating budgets, previously City Council approved ARPA funding, and
County of Ventura Channel Islands Harbor Water Quality
Projects Funding Agreement A-8534.

FINANCIAL IMPACT
11 642
• As authorized in the formation documents of the
Waterways Districts (Seabridge CFD, Westport CDF,
Mandalay Bay WAD-1, and Harbour Island WAD-2), each
district is responsible for water quality remediation.
• Each District’s funding percentage is based on its
percentage of overall harbor surface area, represented by the waterways immediately adjacent to their respective
developments.
• There is a shared common area equal to 20.09% of the
total Harbor surface area to be funded through
non-assessment funding, such as ARPA and County
funding.

FINANCIAL IMPACT
12 643

FINANCIAL IMPACT
13 Funding Source Percentage
Share of
Expense
Fund Amount
Westport CFD-2 10.31% 60203801-53200 $10,252.37
Seabridge CFD-4 23.37% 60403801-53200 $23,239.36
Mandalay Bay WAD-1 40.71% 40103801-53200 $40,482.43
Harbour Island WAD-2 5.52% 40203801-53200 $5,489.14
Non-Special District Funding* 20.09% Misc. $19,977.70
TOTAL 100.00% $99,441.00
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Oxnard City CouncilDecember 19, 2023

Oxnard City Council
December 19, 2023