Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
April 9, 2024
Regular Meeting - 8:30 to 10:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 822 9818 6196
3. Passcode: 248596
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE April 9, 2024 - Page 2
a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the March 26, 2024, regular meeting as presented.
Contact: Rose Chaparro, (805) 385-7805
D. REPORTS
1. Public Works Department
SUBJECT: Agreement 32400411 with NATEC International, Inc. for Safety Training Services for the Public Works Department. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32400411 with NATEC International, Inc. (NATEC) in the amount not to exceed $1,500,000 for the maximum five-year term of the Agreement, with the initial term of one year ending April 30, 2025, after which the Agreement may be extended for four additional one-year terms; ending April 30, 2029, for Safety Training Services for the Public Works Department.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/__BvmJMhfi0
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE April 9, 2024 - Page 3
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Tree Program and Landscape Standards Update. (15 minutes)
RECOMMENDATION: That the Public Works & Transportation Committee receive and file an update of the citywide Tree Program and Landscape Standards.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/q7JLhflEJrQ
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Review an Ordinance Granting the Renewal of the Crimson California Pipeline, L.P.
Franchise Agreement to Operate and Maintain a Pipeline for the Transportation of Petroleum Products Under, Along and Across Harbor Boulevard and a Resolution of Intent to Grant the Franchise Agreement. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee review and recommend that the City Council adopt a resolution of intent (“ROI”) to set a public hearing to introduce an uncodified ordinance granting the renewal of the Crimson California Pipeline, L.P. franchise agreement to operate and maintain a pipeline for the transportation of petroleum products under, along and across Harbor Boulevard.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6oPTswdq3rM
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: April 9, 2024
TO: Public Works and Transportation Committee
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Public Works & Transportation Committee approve the minutes of the March 26, 2024, regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 03 26 2024 Public Works & Transportation
4 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
March 26, 2024
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello, Member Arthur Valenzuela, and Member John C. Zaragoza were present in person.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the March 12, 2024 regular meeting as presented.
It was moved by Member Valenzuela, seconded by Member Zaragoza, to approve the meeting min utes as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
D. REPORTS
1. Public Works Department
SUBJECT: Agreement 32400338 with Cameron D. Duncan DBA Duncan Engineering for On-Call Marine Engineering Services for Public Works.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize:
1. The Mayor to execute an On-Call Agreement with Duncan Engineering for the maximum five- year term of the Agreement, with the initial agreement term ending March 31, 2025, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on March 31, 2029, for an amount not to exceed $500,000.00 for Marine Engineering services; and
2. A budget appropriation transfer in the amount of $100,000 from the FY 2023-24 General Fund Public Works Engineering division to the Mandalay Bay Seawalls Capital Improvement Project (No. C1901)
Michael Wolfe, P ublic Works Director and Morgan Kessler, City Engineer presented and answered the Committee’s questions. Public comments and written comments were received from Debbie Mitchell, Resident and Vice President of the Channel Islands Waterfront Homeowners Association.
It was moved by Member Valenzuela, seconded by Chair Perello, to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
5 MARCH 26, 2024 OXNARD CITY COUNCIL PAGE 2
PUBLIC WORKS & TRANSPORTATION COMMITTEE
2. Public Works Department
SUBJECT: Agreement 32400452 with JAS Landscape LLC for Landscape Maintenance Services within Community Facilities District No. 4.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with JAS Landscape, LLC in the amount not to exceed $2,721,267 for the maximum five-year term of the Agreement, with the initial agreement term ending June 30, 2025, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029, for landscape maintenance services within Community Facilities District No. 4.
Steve Howlett, Assistant Public Works Director and Eric L. Storrie, CPRP , Special Districts Manager presented and answered the Commit tee’s questions. Public comments were received from Joe Telles and Dean Madsen.
It was moved by Member Zaragoza, seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
3. Public Works Department
SUBJECT: Public Project Agreement 32400427 with Garcia’s Landscaping & Maintenance, Inc. for Seabridge Park Bench Installation Project, Specification No. SD 24-82.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping & Maintenance, Inc. in the amount not to exceed $12,650 for the installation of park benches at Community Facilities District No. 4.
Eric L. Storrie, CPRP , Special Districts Manager answered the Commit tee’s questions. Public comments were received from Joe Telles.
It was moved by Member Zaragoza, seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
4. Public Works Department
SUBJECT: Public Project Agreement 32400383 with Best Contracting Services, Inc. for On-Call Roofing Maintenance and Minor Repair Services Project, Specification No. PW 23-95.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute an Agreement with Best Contracting Services, Inc. for a total amount not to exceed $190,000 for a maximum two-year term for on-call roofing maintenance and minor repair services.
Steve Howlett, Assistant Public Works Director answered the Committee’s questions. No public comments were received.
It was moved by Member Zaragoza, seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
6 MARCH 26, 2024 OXNARD CITY COUNCIL PAGE 3
PUBLIC WORKS & TRANSPORTATION COMMITTEE
5. Public Works Department
SUBJECT: Public Project Agreement 32400262 with Central Coast Engineering for On-Call Plumbing Maintenance and Minor Repairs Services, Specification No. PW 23-105.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute an Agreement with Central Coast Engineering for a total amount not to exceed $196,000 for a one-year term for on-call plumbing maintenance and minor repair services.
Steve Howlett, Assistant Public Works Director answered the Committee’s questions. No public comments were received.
It was moved by Chair Perello, seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
E. ITEMS FOR FUTURE AGENDAS (No requests were made.)
F. ADJOURNMENT
There being no further business on the agenda, and witho ut objection, Chair Perello adjourned the meeting at 9:21 p.m.
ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair
7 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: April 9, 2024
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32400411 with NATEC International, Inc. for Safety Training Services for the Public Works Department. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32400411 with NATEC International, Inc. (NATEC) in the amount not to exceed $1,500,000 for the maximum five-year term of the Agreement, with the initial term of one year ending April 30, 2025, after which the Agreement may be extended for four additional one-year terms; ending April 30, 2029, for Safety Training Services for the Public Works Department.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/__BvmJMhfi0
BACKGROUND
The California Department of Industrial Relations (Cal/OSHA) requires specific safety training for the construction and general industry sectors. The Public Works Department engages in projects and endeavors that are considered construction and general industry activities. To comply with Cal/OSHA regulations and guarantee the utmost safety for our personnel, the City must provide comprehensive training on various crucial topics. These training topics include but are not limited to Asbestos Awareness, Confined Space Entry and Rescue, Crane Operations and Rigging, Electrical Safety, Fall Protection, Forklift/Heavy Equipment Operations, Hand and Power Tools, Hazardous Waste Awareness and Handling, Mobile Elevating Work Platforms, Traffic Control, Tree Work, Trenching and Excavation Awareness, and Welding and Hot Work Safety.
Historically, the City has completed training in-house or enlisted the services of external consultants to deliver specialized training for specific divisions. In an effort to bring consistent and group-specialized training to the hundreds of Public Works personnel, a Public Works safety training service was solicited. This service agreement would allow consistent safety training to the following Public Works Divisions; Engineering, Facilities, Fleet Services, Parks, Special Districts, Street Maintenance, Traffic, Wastewater, Water, Environmental Resources, and other groups as needed.
DISCUSSION
The Purchasing Department released a Request for Proposal (RFP) PW 24-69 for Safety Training Services for the Public Works Department on December 26, 2023, with a proposal due date of January 31, 2024. RFP PW 8 24-69 received a total of eight (8) proposals from the following contractors:
Arbill Industries, Inc. EHS International, Inc.
Montgomery Investigations NATEC International, Inc.
United Rentals (North America), Inc. Women Teaching CPR Safety Prime Consultants OSTS, Inc.
The proposals were reviewed by the Purchasing Division (Buyer), Human Resources Department (Health & Safety Administrator, Health & Safety Training Officer), the Wastewater Division (Sr. Admin Services Analyst), and the Water Division (Water Operations Manager, AWPF Operations Manager) with a determination of NATEC to be the highest ranked proposer based on scoring criteria listed in RFP PW 24-69.
Scoring criteria consisted of the contractor's overall responsiveness and completeness of the proposal, qualification and experience, history providing the requested services, past record of performance, and cost.
Additionally, NATEC 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 NATEC is capable of satisfactorily providing safety training services to the Public Works Department.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
The cost for this agreement with NATEC International, Inc., shall not exceed $1,500,000 through April 30, 2029. The estimated cost for this fiscal year is $53,000 and be funded from available appropriations in the approved Fiscal Year 2023-24 budget within various Public Works Funds. The funding for subsequent fiscal years will be requested during the annual budget process. The in-person safety training will be selected and paid for by each division on an as-needed basis to meet OSHA regulations and individual division requirements. Payment shall be made when service is rendered and there will be no guaranteed spending amounts through the duration of the agreement.
Estimated Spending Plan
PW Division
FY
23/24
(2
Months)
FY 24/25
(12
Months)
FY 25/26
(12
Months)
FY 26/27
(12
Months)
FY 27/28
(12
Months)
FY 28/29
(10
Months) TOTAL
Water (6013600-52310 &
6013605-52310) $10,000 $60,000 $60,000 $60,000 $60,000 $50,000 $300,000 Wastewater (6113610-52310) $15,000 $90,000 $90,000 $90,000 $90,000 $70,000 $445,000 9 Environmental Resources
(6313630-52310) $5,000 $20,000 $20,000 $20,000 $20,000 $15,000 $100,000 Streets (1013401-52310) $3,000 $15,000 $15,000 $15,000 $15,000 $14,000 $77,000 Parks (1013301-52310,
1013302-52310 & 1013304-
52310)
$7,000 $45,000 $45,000 $45,000 $45,000 $35,000 $222,000 Facilities (7353740-52310) $2,000 $10,000 $10,000 $10,000 $10,000 $9,000 $51,000 Fleet (7413750-52310) $4,000 $25,000 $25,000 $25,000 $25,000 $18,000 $122,000 Special Districts (20003801-
52310) $5,000 $30,000 $30,000 $30,000 $30,000 $25,000 $150,000 Engineering
(1013101-52310) $2,000 $6,500 $6,500 $6,500 $6,500 $5,000 $33,000 TOTAL $53,000 $301,500 $301,500 $301,500 $301,500 $241,000 $1,500,000
Prepared by: Timothy Beaman, Supervising Civil Engineer, Jan Hauser, Wastewater Division Manager
ATTACHMENTS
1. Agreement 32400411 NATEC International
2. Presentation
10 Agreement No. 32400411
CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND NATEC INTERNATIONAL, INC.
By This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of NATEC International, Inc. (“CONSULTANT”), and CONSULTANT agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”
1. [Intentionally Omitted]
2. SUMMARY DESCRIPTION OF SERVICES. Safety Training Services for the Public Works Department.
3. 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
NATEC International, Inc. (“CONSULTANT”), a corporation of the State of California, located at 9300 Daisy Ave, Fountain Valley CA 92708
4. TERM OF AGREEMENT: From (Date): 5/1/24 To (Date): 4/30/25
4.1 Time is of the essence in this Agreement.
4.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Consultant/ Professional Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
4.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 11 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.
11 Agreement No. 32400411
4.4 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $1,500,000.00
6. AGREEMENT EXHIBITS.
The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
7. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, CONSULTANT’s services shall be performed or immediately supervised by the CONSULTANT’s Representative:
CITY Designated Representative: CONSULTANT Designated Representative:
Name: Esteban Camara Name: Allison Croulet
Title: Occupational Health &Safety Administrator Title: Vice President Phone: (805) 200-5337 Phone: (714) 678-2750 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
PO box 8657
Fountain Valley, CA 92728
8. CONTRACTUAL PREREQUISITES.
8.1 This Agreement must first be executed by the CONSULTANT, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the City Clerk.
8.2 CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.
12 Agreement No. 32400411
8.3 A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
8.4 All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
8.5 CONSULTANT shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT'S SERVICES.
9.1 CONSULTANT shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
9.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
10. COMPENSATION.
CITY shall pay CONSULTANT for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay CONSULTANT an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
11. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONSULTANT of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
11.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those 13 Agreement No. 32400411
Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
11.2 Non-Appropriation of Funds. Payments to be made to CONSULTANT by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
11.3 CONSULTANT’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by CONSULTANT and its employees, agents and subcontracted consultants.
11.4 CONSULTANT shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by CONSULTANT or materials or products provided to CITY by CONSULTANT, CONSULTANT shall pay the sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT.
12. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in sections 3.2, then this Agreement shall not be extended.
13. 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 City Code, Sections 4-59 and 4-60.
14. 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 14 Agreement No. 32400411
22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.
15. [RESERVED]
16. INDEPENDENT CONTRACTOR
CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its employees or agents shall have control over the conduct of CONSULTANT or any of its employees, except as stated in this Agreement.
CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY.
CONSULTANT and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of CITY in any capacity, to incur any debt, obligation or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONSULTANT and its employees are not employees of CITY.
CONSULTANT and its employees are not entitled to receive from CITY any of the benefits or rights afforded employees of CITY, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of CITY.
17. LAWFUL PERFORMANCE.
CONSULTANT shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15 Agreement No. 32400411
18. SAFETY REQUIREMENTS.
CONSULTANT shall not perform any services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.
19. STANDARD OF PERFORMANCE; WARRANTY
19.1 Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or his designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed;
(2) Has reviewed the issues regarding the scope of services to be provided; (3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONSULTANT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
16 Agreement No. 32400411
20.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
20.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY.
20.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.
20.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
20.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
20.6. Disclosure of Information. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT 17 Agreement No. 32400411
by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
20.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.
21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.
The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22. NOTICE.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, (but not including the City’s construction contractors or other consultants) and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees. 18 Agreement No. 32400411
23.2 The duty to defend is a separate and distinct obligation from CONSULTANT’s duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
23.3 The provisions of this Subsection 23.3 apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
23.3.1 Notwithstanding the provisions of Subsection 23.1 and 2 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
23.3.2 In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees, or any other party for whom Consultant is not legally liable.
23.4 The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of Section 23, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
23.5 The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
23.6 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless 19 Agreement No. 32400411
from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
24. INSURANCE.
CONSULTANT shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT shall, before performance of any services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by CONSULTANT is a material element of this Agreement. CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS.
During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, CONSULTANT will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.
26. PREVAILING WAGE REQUIREMENTS.
26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees.
20 Agreement No. 32400411
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the CONSULTANT.
27. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.
28. CONFLICT OF INTEREST
CONSULTANT covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of CONSULTANT’s services under this Agreement. CONSULTANT further covenants that in the performance of services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY.
29. SUBCONTRACTING.
21 Agreement No. 32400411
If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.
CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days.
Pending final decision of a dispute, the CONSULTANT shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
31. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. ASSIGNMENT.
This Agreement is for the professional services of CONSULTANT. Any attempt by CONSULTANT to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONSULTANT's services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT 22 Agreement No. 32400411
shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
33. CARE OF WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from the Project Manager.
34. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
35. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT; or for other purposes relating to the Agreement. CONSULTANT will promptly furnish all documents requested by CITY.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit CONSULTANT for a period of 3 years after final payment under the Agreement.
Regardless of whether a State audit is permitted, CONSULTANT shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. CONSULTANT shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
36. ADVERTISING AND PUBLICITY
CONSULTANT shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the CITY Manager. This Section shall survive the termination of this Agreement.
37. NONDISCRIMINATORY EMPLOYMENT.
23 Agreement No. 32400411
CONSULTANT shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
CONSULTANT understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, CONSULTANT shall be responsible for such subcontractor’s compliance with this Section.
38. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by CONSULTANT shall be construed to be both a covenant and a condition.
39. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40. FORCE MAJEURE.
Neither the CONSULTANT nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
41. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so 24 Agreement No. 32400411
modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43. INTEGRATED AGREEMENT.
This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44. 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.
45. 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.
46. 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 or electronic 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.
47. 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. 25 Agreement No. 32400411
48. 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.
49. 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]
26 Agreement No. 32400411
In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 4 and upon signature of all Parties.
CITY OF OXNARD NATEC International, Inc.
☐John C. Zaragoza, Mayor1 Date Michael Horner, President Date ☐Jennifer Yates, Purchasing Manager2
Allison Croulet,Vice President 3 Date
ATTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
27 Agreement No. 32400411
EXHIBIT A
CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and NATEC INTERNATIONAL, INC.)
SCOPE OF SERVICES
PROJECT MANAGER: Esteban Camara, (805) 200-5337, [email protected]
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to provide Safety Training Services for the City of Oxnard Public Works Department. Locations are shown at the end of this section and the City may add additional training topics and locations as needed.
The Contractor shall provide qualified technical and professional staff to supply on-site training to Public Works staff. The Contractor shall be responsible for providing the necessary training material, reports, and records in a timely manner.
The training topics shall include, but not be limited to:
1. Asbestos Awareness Level Training
2. Asbestos Cement Pipe Worker Initial 4 hour
3. Bloodborne Pathogens Awareness Level
4. Confined Space Awareness Level 2 Hours
5. Confined Space Entry Initial Level 8 Hours
6. Confined Space Entry Refresher Level 4 Hours
7. Confined Space Entry and Non-Entry Rescue Competent Person Initial Level 16 Hours
8. Confined Space Entry and Non-Entry Rescue Competent Person Refresher Level Training – 8 Hours
9. Confined Space Entry Train-The-Trainer – 16 Hours
10. CPR/First Aid/AED (Adult) Certification Training – 5 Hours (HSI MEDIC First Aid Program)
11. Defensive Driver Training Awareness (Class C)
12. Electrical Awareness Level Training – 2 Hours
13. Electrical Safety Low/High Voltage Qualified Person
14. Elevating Work Platforms & Aerial Devices
15. Elevating Work Platforms & Aerial Devices Initial Level
16. Fall Protection Authorized User 4 Hour
17. Fire Prevention w/ Live Fire Extinguisher Training
18. Fit testing/cartridge filter mask training/ Resp Protection
19. Forklift Operator Initial Level
20. Hand and Power Tools Awareness Level Training – 2 Hours
21. Hazard Communication Awareness Level Training – 2 Hours
22. Hazardous Waste handling Awareness
23. HAZWOPER 24 Hour - Occasional Site Worker
24. HAZWOPER First Responder Awareness Level (FRAL)
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25. Hearing Conservation Awareness Level Training – 2 Hours
26. Heat Illness Prevention
27. Heavy Equipment Operator Safety Refresher Level
28. Heavy Equipment Operator Training Initial Level (2 Days) Backhoe Loader, Front-End Loader, Excavator, Skid-Steer Loader
29. Injury & Illness Prevention Plan (IIPP)
30. Intro to OSHA/Focus Four
31. Ladder Awareness Level Training – 2 Hours
32. Lockout/Tagout For Affected Employees Training Program – 2 Hours
33. Lockout/Tagout For Authorized Users Training Program – 4 Hours
34. Machine Guarding Awareness Level Training – 2 Hours
35. Mobile Elevating Work Platform Operator Safety Initial Level
36. Overhead Crane Operator Rigging and Signal Person 8 hour
37. Personal Protective Equipment Awareness
38. Pesticide Application
39. RCRA/Cal EPA Hazardous Waste Management Certification
40. Rigger/Signal Person Qualified Level Training – 8 Hours
41. Slips, Trips & Falls Awareness
42. Traffic Control / Flagging Safety ATSSA Certified Flagger
43. Traffic Control and Flagger Initial 8 hours
44. Traffic Control Awareness Level 2 hours
45. Traffic Control Flagging Initial 8 hours
46. Traffic Control Flagging Refresher 4 Hours
47. Tree Worker Safety
48. Trenching & Excavation Awareness
49. Utility Trailer Safety Initial
50. Welding & Hot Work Safety Awareness
51. Hydrogen Sulfide (H2S) Annual Awareness Training
The City reserves the right to make changes to its course needs and for other as-needed services, make adjustments to the training dates based on other City obligations and/or add additional courses resulting from new regulatory requirements. The City shall reasonably inform the vendor in advance of changes.
The following section outlines the responsibilities of both Vendor and Department:
Vendor Responsibilities:
● Develop the course curriculum to meet state, federal and local regulations for Department approved course topics.
● Provide training to Department through a trainer with subject matter expertise. ● Provide course descriptions and associated course credit to the Project Manager prior to acceptance in order for Project Manager to promote training(s). ● Coordinate with Project Manager the course training meeting dates and times. ● Provide and distribute as-needed printed materials for each course to attendees. ● Submit an attendance roster to Project Manager after the completion of each course to confirm employee course attendance.
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● Prepare and distribute employee certificates of completion, including associated course credit (if applicable) after each course.
Project Manager/Department Responsibilities:
● Coordinate with Vendor regarding course topics and training dates. ● Reserve training location.
● Communicate and promote training dates with Department staff. ● Provide as-needed audio equipment and projector screen for courses.
Provide minimum advance notice whenever possible regarding class cancellation that is mutually agreed upon by both parties (Vendor and Project Manager/Department).
TRAINING LOCATIONS
Facilities 1060 Pacific Ave. Oxnard, CA 93030
Fleet 1060 Pacific Ave. Oxnard, CA 93030
Parks 1060 Pacific Ave. Oxnard, CA 93030
Special Districts 1060 Pacific Ave. Oxnard, CA 93030
Streets Maintenance 1060 Pacific Ave. Oxnard, CA 93030
Water 251 S. Hayes Ave Oxnard, CA 93030
Wastewater 6001 Perkins Rd. Oxnard, CA 93033
Recycled Water 5700 Perkins Rd. Oxnard, CA 93033
Engineering 305 West Third St, 2nd Floor, Oxnard, CA 93033 Traffic 214 S C St, Oxnard, CA 93030
Environmental Resources 111 S Del Norte Blvd, Oxnard, CA 93030 The City reserves the right to add or remove locations as needed.
30 Agreement No. 32400411
EXHIBIT B
CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and NATEC INTERNATIONAL, INC.)
SCHEDULE OF COMPENSATION
No. CLASS DESCRIPTION TOTAL
HOURS OF
TRAINING
MAX
STUDENT
PER
SESSION
COST FOR
ADD’L
STUDENTS (IF
ANY)
FLAT RATE
1 Asbestos Awareness Level Training 1-2 hours 25 $38 / student $1183 $850 (Virtual)
2 Asbestos Cement Pipe Worker Initial 4
hour
4 hours 15 $38 / student $1383
3 Bloodborne Pathogens Awareness Level 2 hours 25 $38 / student $1228 $850 (Virtual)
4 Confined Space Awareness Level 2
Hours
2 hours 25 $38 / student $1433
$950 (Virtual)
5 Confined Space Entry Initial Level 8
Hours
8 hours 20 $1610
6 Confined Space Entry Refresher Level 4
Hours
4 hours 25 $58 / student $1433
7 Confined Space Entry and Non-Entry
Rescue Competent Person Initial Level
16 Hours
16 hours 12 $2997
8 Confined Space Entry and Non-Entry
Rescue Competent Person Refresher
Level Training – 8 Hours
8 hours 15 $1610
9 Confined Space Entry Train-The-Trainer
– 16 Hours
16 hours 10 $4137
10 CPR/First Aid/AED (Adult) Certification
Training – 5 Hours (HSI MEDIC First
Aid Program)
5 hours 12 $1310
11 Defensive Driver Training Awareness
(Class C)
2 hours 25 $38 / student $1405
$950 (Virtual)
12 Electrical Awareness Level Training – 2
Hours
2 hours 25 $38 / student $1405
13 Electrical Safety Low/High Voltage
Qualified Person
8 hours 15 $1917
14 Elevating Work Platforms & Aerial
Devices
8 hours 12 $1433
No. CLASS DESCRIPTION TOTAL
HOURS OF
TRAINING
MAX
STUDENT
PER
SESSION
COST FOR
ADD’L
STUDENTS (IF
ANY)
FLAT RATE
31 Agreement No. 32400411
15 Elevating Work Platforms & Aerial
Devices Initial Level
8 hours 12 $1610
16 Fall Protection Authorized User 4 Hour 4 hours 20 $58 / student $1433 17 Fire Prevention w/ Live Fire Extinguisher
Training
4 hours 15 $1483
18 Fit testing/cartridge filter mask training/
Resp Protection
2-4 hours 15 $1383
19 Forklift Operator Initial Level 8 hours 12 $1510
20 Hand and Power Tools Awareness Level
Training – 2 Hours
2 hours 25 $38 / student $1183
$850 (Virtual)
21 Hazard Communication Awareness Level
Training – 2 Hours
2 hours 25 $38 / student $1183
$850 (Virtual)
22 Hazardous Waste handling Awareness 2 hours 25 $38 / student $1183 23 HAZWOPER 24 Hour - Occasional Site
Worker
24 hours 25 $4797
24 HAZWOPER First Responder Awareness
Level (FRAL)
8 hours 25 $58 / student $1383
25 Hearing Conservation Awareness Level
Training – 2 Hours
2 hours 25 $38 / student $1183
26 Heat Illness Prevention 2 hours 25 $38 / student $1183 27 Heavy Equipment Operator Safety
Refresher Level
8 hours 12 $1433
$1200 (Virtual)
28 Heavy Equipment Operator Training
Initial Level (2 Days) Backhoe Loader,
Front-End Loader, Excavator, Skid-Steer
Loader
16 hours 12 $3237
29 Injury & Illness Prevention Plan (IIPP) 1-2 hours 25 $38 / student $1183 $850 (Virtual)
30 Intro to OSHA/Focus Four 6-8 hours 25 $58 / student $1433 31 Ladder Awareness Level Training – 2
Hours
2 hours 25 $38 / student $1183
$850 (Virtual)
32 Lockout/Tagout For Affected Employees
Training Program – 2 Hours
2 hours 25 $38 / student $1248
33 Lockout/Tagout For Authorized Users
Training Program – 4 Hours
4 hours 20 $58 / student $1433
34 Machine Guarding Awareness Level
Training – 2 Hours
2 hours 25 $38 / student $1183
35 Mobile Elevating Work Platform
Operator Safety Initial Level
8 hours 12 $1510
36 Overhead Crane Operator Rigging and
Signal Person 8 hour
8 hours 12 $1610
37 Personal Protective Equipment
Awareness
1-2 hours 25 $38 / student $1183
$850 (Virtual)
38 Pesticide Application 4 hours 20 $1610
39 RCRA/Cal EPA Hazardous Waste
Management Certification
6-8 hours 20 $1710
No. CLASS DESCRIPTION TOTAL
HOURS OF
TRAINING
MAX
STUDENT
PER
SESSION
COST FOR
ADD’L
STUDENTS (IF
ANY)
FLAT RATE
32 Agreement No. 32400411
40 Rigger/Signal Person Qualified Level
Training – 8 Hours
16 hours
(Qualified
level)
8 hours
(Competent
Person Level)
12 20
$3597 (16
hours/Qualified
level)
$1610 (8 hours/
Competent
Person Level)
41 Slips, Trips & Falls Awareness 2 hours 25 $38 / student $1183 $850 (Virtual)
42 Traffic Control / Flagging Safety ATSSA
Certified Flagger
4 hours 15 $2600
43 Traffic Control and Flagger Initial 8
hours
8 hours 15 $1610
44 Traffic Control Awareness Level 2 hours 2 hours 20 $58 / student $1348 45 Traffic Control Flagging Initial 8 hours 8 hours 20 $1610 46 Traffic Control Flagging Refresher 4
Hours
4 hours 20 $58 / student $1383
47 Tree Worker Safety 4 hours 20 $1610
48 Trenching & Excavation Awareness 4 hours 20 $1510
49 Utility Trailer Safety Initial 8 hours 12 $1510
50 Welding & Hot Work Safety Awareness 4 hours 20 $38 / student $1433 51 Hydrogen Sulfide (H2S) Annual
Awareness Training
4 hours 20 $38 / student $1433
33 Agreement No. 32400411
EXHIBIT C
CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and NATEC INTERNATIONAL, INC.)
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.
[See next pages]
34 Agreement No. 32400411
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. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 2/24
35 Agreement No. 32400411
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for 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
36 Agreement No. 32400411
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE COMPANY
LETTER B COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO LTR TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE DATE (MM/DD/YY)
POLICY EXPIRATION DATE (MM/DD/YY) LIMITS 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 person)
BODILY INJURY $ (Per accident)
PROPERTY DAMAGE $ A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS'
COMPENSATION AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
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
37 Agreement No. 32400411
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ❒ Included in Limits
❒ In Addition to Limits
Telephone: ❒ Deductible ❒ Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. ❒ Per Occurrence ❒ Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❒ in which case only the following specific agreements and permits with the City are covered CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
❒ COMMERCIAL GENERAL LIABILITY
❒ COMPREHENSIVE GENERAL LIABILITY
❒ OWNERS & CONTRACTORS PROTECTIVE
❒ Claims Made
Retroactive Date
❒ Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
❒ GENERAL
❒ PRODUCTS/COMPLETED OPERATIONS
❒ PERSONAL & ADVERTISING INJURY
❒ FIRE DAMAGE
❒
❒
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form 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 exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
❒ Broker/Agent ❒ Underwriter ❒
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
38 Agreement No. 32400411
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ❒ Included in Limits
❒ In Addition to Limits
Telephone: ❒ Deductible ❒ Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. ❒ Per Occurrence ❒ Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❒ in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
❒ COMMERCIAL AUTO POLICY
❒ BUSINESS AUTO POLICY
❒ OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the 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
39 Agreement No. 32400411
EXHIBIT E
CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and NATEC INTERNATIONAL, INC.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional services contracts that may be governed by the Living Wage Policy.
A. CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.
D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.
40 Agreement No. 32400411
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.
c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.
41 Agreement No. 32400411
EXHIBIT F
CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and NATEC INTERNATIONAL, INC.)
PREVAILING WAGE
1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.
3. CONSULTANT is required to post job site notices, as prescribed by regulation.
See Labor Code Section 1771.4(a)(2).
4. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONSULTANT shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by CONSULTANT or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. CONSULTANT shall comply with Labor Code Section 1776, which requires CONSULTANT and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its 42 Agreement No. 32400411
subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. CONSULTANT may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, CONSULTANT must immediately notify CITY.
8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.
CONSULTANT shall comply with and be bound by Labor Code Section 1810.
10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by CONSULTANT’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.
43 Agreement No. 32400411
13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.
44 Agreement No. 32400411
EXHIBIT G
CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and NATEC INTERNATIONAL, INC.)
IRAN CONTRACTING CERTIFICATION
IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): Federal ID Number (or n/a):
By (Authorized Signature):
Printed Name & Title of Person Signing: Date Executed
Executed in the County of in the State of
OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed): Federal ID Number (or n/a):
By (Authorized Signature):
Printed Name & Title of Person Signing: Date Executed
Executed in the County of in the State of
45 Agreement 32400411 with NATEC International,
Inc. for Safety Training Services for the Public
Works Department
Public Works & Transportation Committee, April 9, 2024
City Council, April 30, 2024
Esteban Camara, Occupational Health and Safety Administrator Human Resources Department
46 RECOMMENDATION 2
Public Works & Transportation Committee
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32400411 with NATEC International, Inc. (NATEC) in the amount not to exceed $1,500,000 for the maximum five-year term of the Agreement, with the initial term of one year ending April 30, 2025, after which the Agreement may be extended for four additional one-year terms, ending April 30, 2029, for Safety Training Services for the Public Works Department.
47 RECOMMENDATION 3
City Council
That the City Council approve and authorize the Mayor to execute Agreement with NATEC International, Inc. (NATEC) in the amount not to exceed $1,500,000 for the maximum five-year term of the Agreement, with the initial term of one year ending April 30, 2025, after which the Agreement may be extended for four additional one-year terms, ending April 30, 2029, for Safety Training Services for the Public Works Department.
48 BACKGROUND
• The California Department of Industrial Relations (Cal/OSHA) requires specific safety training for the construction and general industry sectors
• The various divisions within Public Works fall under these categories
• To comply with Cal/OSHA regulations and enhance safety for personnel, the City set out to acquire safety training on a range of crucial topics including, but not limited to:
• Confined Space entry/ rescue, Hazardous waste, Hand and power tools, trenching, excavation, and welding
• Historically, the City has completed training in-house or enlisted the services of external consultants to deliver specialized training for specific divisions
4 49
BACKGROUND
Confined Space Entry (Left) / Fit Testing (Right)
5 50
BACKGROUND
• In an effort to provide
consistent safety training to all
Public Works employees, a
safety training agreement was
solicited for the following:
• Engineering, Facilities,
Fleet Services, Parks,
Special Districts, Streets
Maintenance, Traffic,
Water, Wastewater, and
Environmental Resources
• Additional groups may be
added
6 CPR Training
51 DISCUSSION
• The Purchasing Department released Request for Proposal (RFP) PW 24-69 for Safety Training Services for the Public Works Department on December 26, 2023
• Due date - January 31, 2024
• 8 proposals received from the following contractors:
• Proposals were reviewed by:
• Purchasing Department - Buyer
• Human Resources Department - Occupational Health and
Safety Administrator, Health and Safety Training Officer • Wastewater Division - Sr. Admin Services Analyst
• Water Division - Water Ops Manager, AWPF Ops Manager
7 Arbill Industries, Inc. EHS International,
Inc. Safety Prime Consultants Montgomery
Investigations
NATEC International,
Inc. OSTS, Inc. United Rentals (North
America), Inc. Women Teaching CPR
52 DISCUSSION
• Scoring criteria consisting of:
• Contractor responsiveness/ completeness of proposal
• Qualification/ experience
• History providing services
• Past performance from references
• Cost
• The evaluation group determined that NATEC was the highest ranked proposer and recommended an agreement be awarded • Through this agreement, NATEC will provide safety training services to the various Public Works divisions on an as needed basis
8 53
FINANCIAL IMPACT
• The not to exceed amount for this agreement with NATEC International, Inc. is $1,500,000
• Available appropriations shall be used for the remainder of the Fiscal Year 2023-24
• Funding for subsequent fiscal years will be requested during the annual budget process
• In-person safety training will be selected and paid for by each division on an as-needed basis to meet OSHA
regulations and individual division requirements
• Payment shall be made when service is rendered and
there will be no guaranteed spending amounts through the duration of the agreement.
9 54
End of Presentation
55 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: April 9, 2024
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Tree Program and Landscape Standards Update. (15 minutes)
RECOMMENDATION
That the Public Works & Transportation Committee receive and file an update of the citywide Tree Program and Landscape Standards.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/q7JLhflEJrQ
BACKGROUND
Parks Division - Trees
The Parks Division of the Public Works Department is responsible for maintaining 36 Parks, 1.7 miles of Oxnard Beach, the citywide street landscaping that includes the public rights-of-way, over 32,000 trees, and conducts citywide graffiti abatement of City-owned properties and within and adjacent to the City’s rights-of- way.
With the passing of Measure E, effective April 1, 2021, funding was identified to begin addressing the long- deferred tree maintenance. The annual operating budgets for the Parks Tree Subdivision were approximately $1.25 million in FY 2021-22, $1.5 million in FY 2022-23, and $1.3 million in FY 2023-24.
Parks developed and implemented a plan that started in FY 2021-22 to address many years of deferred tree maintenance. The implementation of this plan included developing a 5-year grid pruning cycle for all City maintained trees, awarding a grid pruning contract, awarding a separate on-call tree services contract, and contracting with consulting companies to provide assessments and recommendations for all City trees, that includes a separate hazardous tree assessment with mitigation recommendations for eucalyptus trees.
Both the grid pruning contract and the on-call tree services contract serve the General Fund trees and the Special Districts trees. However, task orders for the Special Districts trees are issued separately and invoiced separately to ensure each district is only charged for the trees that are identified in their formation documents.
Special Districts Division - Trees
The Special Districts Division of the Public Works Department is responsible for 50 assessment districts containing 17 parks, street landscapes for several districts, and over 15,000 trees throughout all of the districts. 56 However, some of these Districts are underfunded or partially funded due to the requirements related to the assessment changes that were brought upon by the approval of Proposition 218 in 1996. Therefore, some of the LMDs, MAD4, and WAD have not been able to perform routine maintenance of their landscapes and trees without a change in their assessment via a vote of the property owners or registered voters as applicable.
Landscape Standards
The Landscape Standards were last approved by the City Council in 1988. In response to water restrictions, State regulations, and the changing climate, it has become necessary for the City to update the Landscape Standards for both new commercial, industrial, and residential construction, as well as provide guidelines for residents and businesses to renovate their existing landscapes.
DISCUSSION
Parks Division – Grid Pruning
Staff addressed the deferred maintenance of the citywide General Fund trees through the development and implementation of a 5-year grid pruning plan. One of the challenges of developing this plan was not having accurate tree inventory data because the last comprehensive inventory was done approximately 15 years ago.
Due to the lack of reliable data, staff made certain assumptions to formulate a plan that will prune over 32,000 General Fund trees within a 5 year timeframe. This plan has some flexibility built-in to accommodate unanticipated changes and delays.
The first year of work (FY 2021-22) focused on all 6,646 arterial street trees throughout the City (Attachment 1). The grid pruning plan for years two through five is to trim the remaining General Fund trees, regardless of planting location category (i.e. residential, parks, secondary streets, parking lots, etc.), starting at the eastern side of the City and working to the west.
In year two (FY 2022-23), the number of trees that were grid pruned was 5,027. This was lower than our goal because the tree services were shifted to complete the hazardous tree work (eucalyptus) before the specified funding expired. There were 101 eucalyptus trees removed, in addition to another 285 eucalyptus trees that were trimmed.
For year three (current FY 2023-24), the target number of General Fund trees to be grid pruned is 7,061. An additional 10,840 trees are being pruned by the Special Districts Division. The FY 2023-24 Grid Pruning Map (Attachment 2) shows in “Green” all of the trees that have been completed in years one, two, and three. The remaining trees that will be completed by the end of April 2024 are shown with a “Grey Dot” and the trees that will be completed by June 30, 2024, are shown in “Grey”. The “Red Circles” show the remaining areas of the City that will be grid pruned in fiscal years four and five.
Based on current funding levels, it is anticipated that the 5-year grid pruning plan will be completed on schedule. However, due to the term of the existing grid pruning contract, staff will need to re-bid this service in order to complete year five. The costs for grid pruning are expected to increase with the award of the new contract.
Special Districts Division - Grid Pruning
During the preparation of the district budgets for FY 2023-24, the property owners within the districts expressed their strong desire to include tree pruning within their neighborhoods. As such, staff worked with the current grid pruning contractor to develop a schedule to service approximately 10,840 trees that are located in most of the LMDs and in many of the CFDs. The estimated total cost for this grid pruning within Special Districts is $745,000. Each district is responsible for the funding of their trees, per the formation documents. 57 Staff also developed a 5 year Project Schedule for each district that will reflect the City’s 5-year grid pruning cycle in perpetuity, subject to available District funds in the future.
The communities of Harbour Island (WAD2), St. Tropaz (LMD11), Greystone (LMD23), The Pointe (LMD25), and Cameron Ranch (LMD49) did not receive grid pruning services this fiscal year due to the inability to levy the additional funds necessary through the annual levy process because of the maximum annual assessment amounts for each district. However, these districts have requested the grid pruning services for FY 2024-25, and staff anticipates being able to fund these remaining 650 trees through a combination of both the available funds within each district’s new fiscal year budget and the available funds within each district’s reserves.
Consulting Services – Tree Assessments
In January 2022, the City Completed a Tree Program Review and Assessment that was conducted through a contract service with Dudek. This report provides recommendations for addressing existing maintenance needs, as well as ways of making our citywide tree program more resilient and sustainable for the future. This Assessment helped solidify the 5-year grid pruning plan, as well as providing tree recommendations for the new Landscape Standards.
In January 2022, Dudek was also contracted to identify, assess, and prioritize the eucalyptus trees that are located within the public rights-of-way and some of the General Fund parks. This risk assessment was initiated because, in recent years, some of these windrow trees have fallen, which also resulted in some claims against the City. The assessment prioritized each tree on a numerical scale. The recommendations for mitigation were to either remove, trim, or increase the level of assessment for each specific tree.
In FY 2022-23, 101 eucalyptus trees were removed, and 285 were trimmed. Additionally, 78 dead-standing or high-priority trees of various species were also removed. All of these trees were in the public rights-of-way and in some General Fund parks. Based on available funding, staff will continue to address the remaining lower- priority trees over the next two years. Staff has observed that many of the eucalyptus trees throughout the City continue to decline. The goal is to have consultants who specialize in urban forestry, continue the regular assessments of the remaining eucalyptus trees. Therefore, as a best management practice, the eucalyptus trees will be assessed every two years by third-party Certified Arborists.
During a recent eucalyptus tree assessment performed by Rincon Consultants, 1,100 trees were assessed by Certified Arborists who specialize in risk assessments. Of those assessed, 139 were identified for removal by December 31, 2024. A page from this Assessment showing the trees at College Park is included in this Staff Report (Attachment 3). The priority 1 trees that are identified in “Red” will be removed by the end of this calendar year. Priorities 2-4 require specific maintenance, mostly pruning, within a time period between six months and a year. The non-priority trees “N/A” that are identified in “Purple” do not have any current maintenance needs.
Finally, the City has been awarded a U.S. Department of Agriculture Urban Forestry Grant in the amount of $958,000 to fund 100% ($651,000) of the tree inventory costs in disadvantaged communities and 50% ($334,000) of the tree inventory costs for non-disadvantaged communities. The required 50% match from the City has been encumbered in the current Parks operations budget. Staff received notice that the City will receive the Grant Funding by March 31, 2024. At the time of writing this report, the funding has not been received.
The scope of work that will be provided with this Grant includes the citywide tree inventory with a Level 2 Risk Assessment of each tree, utilizing LiDAR (laser 3D imaging) technology to measure the canopy shade coverage citywide, fund the removal of an estimated 600 high-priority trees, and provide urban forestry management training for City staff. A Level 2 Risk Assessment is a 360-degree visual evaluation of a tree where the crown, trunk, root flare, above-ground roots, and site conditions are evaluated by a Certified 58 Arborist.
The data that will be collected during the tree inventory will include information for individual tree GPS locations, species, dimensions, an arborist’s health assessment, and various other data points. This information will provide staff with needed clarity on tree count, locations, and conditions for each tree within the City’s urban forest to create and manage the City’s Urban Forest Master Plan.
Landscape Standards
Staff from both the Public Works and Community Development Departments began working together in FY 2022-23 to revise the outdated City Landscape Standards. With the assistance of Jordan & Gilbert Landscape Architects, staff hosted three community outreach meetings on April 6, 2023, May 25, 2023, and June 8, 2023.
Based on research, consultant recommendations, State mandates for landscaping and water use, and the resident and contractor input from the community outreach meetings, staff has started drafting the revised Landscape Standards in addition to developing three separate plans for “Demonstration Areas” that are based on these new standards. These demonstration areas will provide the community with actual landscape improvements within the street landscapes that apply the practices identified in the draft Landscape Standards.
The next steps for this calendar year are to present the draft Landscape Standards and plans for the three demonstration areas to both the Planning Commission and the Parks, Recreation, and Community Services Commission. Invitations to the commission meetings will be provided through social media, as well as, direct email invitations to the attendees of the community outreach meetings. Once the draft Landscape Standards and demonstration area plans have been reviewed by the Commissions, they will be presented to the Public Works and Transportation Committee with recommendations for both commissions and the community.
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
There is no direct financial impact as this item is a receive and file report.
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. Grid Pruning FY21-22
2. Grid Pruning FY23-24
3. Assessment College Park
4. Presentation
59 60
61 62
Tree Program and Landscape Standards
Update
Public Works and Transportation Committee
April 9, 2024
Steve Howlett, Assistant Director
Public Works Department
63 That the Public Works & Transportation Committee receive and file an update of the citywide Tree Program and
Landscape Standards.
RECOMMENDATION
2 64
BACKGROUND
3 Parks Division - Trees
• The Parks Division of the Public Works Department is responsible for maintaining 36 Parks, 1.7 miles of Oxnard Beach, the citywide street landscaping that includes the public rights-of-way, over 32,000 trees, and conducts citywide graffiti abatement of City owned properties and within and adjacent to the City’s
rights-of-way.
• With the passing of Measure E, effective April 1, 2021, funding was identified to begin addressing the long deferred tree maintenance.
The annual operating budgets for the Parks Tree Subdivision was approximately $1.25 million in FY 2021-22, $1.5 million in FY 2022-23, and $1.3 million in FY 2023-24.
65 BACKGROUND
4 • Parks developed and implemented a plan that started in FY 2021-22 to address many years of deferred tree maintenance. The implementation of this plan included developing a 5 year grid pruning cycle for all City maintained trees, awarding a grid pruning contract, awarding a separate on-call tree services contract, and contracting with consulting companies to provide assessments and recommendations for all City trees, that includes a separate hazardous tree assessment with mitigation recommendations for eucalyptus trees.
• Both the grid pruning contract and the on-call tree services contract serve the General Fund trees and the Special Districts trees.
However, task orders for the Special Districts trees are issued separately and invoiced separately to ensure each district is only charged for the trees that are identified in their formation documents.
66 BACKGROUND
5 67
BACKGROUND
6 Special Districts Division - Trees
• The Special Districts Division of the Public Works Department is responsible for 50 assessment districts containing 17 parks, the street landscapes for several districts, and over 15,000 trees throughout all of the districts.
• However, some of these Districts are underfunded or partially funded due to the requirements related to the assessment changes that were brought upon by the approval of Proposition 218 in 1996.
Therefore, some of the LMDs, MAD4, and WAD have not been able to perform routine maintenance of their landscapes and trees without a change in their assessment via a vote of the property owners or registered voters as applicable.
68 BACKGROUND
7 Landscape Standards
• The Landscape Standards were last approved by the City Council in 1988.
• In response to water restrictions, State regulations, and the changing climate, it has become necessary for the City to update the Landscape Standards for both new commercial, industrial, and residential construction, as well as provide guidelines for residents and businesses to renovate their existing landscapes.
69 DISCUSSION
8 Parks Division – Grid Pruning
• Staff addressed the deferred maintenance of the citywide General Fund trees through the development and implementation of a 5 year grid pruning plan. One of the challenges of developing this plan was not having accurate tree inventory data because the last comprehensive inventory was done approximately 15 years ago.
Due to the lack of reliable data, staff made certain assumptions to formulate a plan that will prune over 32,000 General Fund trees within a 5 year timeframe. This plan does have some flexibility built-in to accommodate for unanticipated changes and delays. • The first year of work (FY 2021-22) focused on all 6,646 arterial street trees throughout the City (Attachment 1). The grid pruning plan for years two through five is to trim the remaining General Fund trees, regardless of planting location category (i.e. residential, parks, secondary streets, parking lots, etc.), starting at the eastern side of the City and working to the west.
70 DISCUSSION
9 FY 2021-22 Grid Pruning Map
Arterial Street Trees Completed
71 DISCUSSION
10 • In year two (FY 2022-23), the number of trees that were grid pruned was 5,027. This was lower than our goal, because the tree services were shifted to complete the hazardous tree work (eucalyptus) before the specified funding expired. There were 101 eucalyptus trees removed, in addition to another 285 eucalyptus trees that were trimmed.
• For year three (current FY 2023-24), the target number of General Fund trees to be grid pruned is 7,061. An additional 10,840 trees are being pruned by the Special Districts Division. The FY 2023-24 Grid Pruning Map (Attachment 2) shows in “Green” all of the trees that have been completed in years one, two, and three. The remaining trees that will be completed by the end of April 2024 are shown with a “Grey Dot” and the trees that will be completed by June 30, 2024 are shown in “Grey”. The “Red Circles” show the remaining areas of the City that will be grid pruned in fiscal years four and five.
72 DISCUSSION
11 FY 2023-24 Grid Pruning Map
Green Completed
Dot Complete by April 30
Grey Complete by June 30
Red Remaining 2 years
73 DISCUSSION
12 • Based on current funding levels, it is anticipated that the 5 year grid pruning plan will be completed on schedule. However, due to the term of the existing grid pruning contract, staff will need to re-bid this service in order to complete year five. The costs for grid pruning are expected to increase with the award of the new contract.
74 DISCUSSION
13 Special Districts – Grid Pruning
• During the preparation of the district budgets for FY 2023-24, the property owners within the districts expressed their strong desire to include tree pruning within their neighborhoods. As such, staff worked with the current grid pruning contractor to develop a schedule to service approximately 10,840 trees that are located in most of the LMDs and in many of the CFDs. The estimated total cost for this grid pruning within Special Districts is $745,000. Each district is responsible for the funding of their trees, per the formation documents. Staff also developed a 5 year Project Schedule for each district that will reflect the City’s 5 year grid pruning cycle in perpetuity, subject to available District funds in the future.
75 DISCUSSION
14 • The communities of Harbour Island (WAD2), St. Tropaz (LMD11), Greystone (LMD23), The Pointe (LMD25), and Cameron Ranch (LMD49) did not receive grid pruning services this fiscal year due to the inability to levy the additional funds necessary through the annual levy process because of the maximum annual assessment amounts for each district. However, these districts have requested the grid pruning services for FY 2024-25 and staff anticipates being able to fund these remaining 650 trees through a combination of both the available funds within each district’s new fiscal year budget and the available funds within each district’s reserves.
76 DISCUSSION
15 Consulting Services – Tree Assessments
• In January 2022, the City Completed a Tree Program Review and Assessment that was conducted through a contract service with Dudek. This report provides recommendations for addressing existing maintenance needs, as well as ways of making our citywide tree program more resilient and sustainable for the future.
This Assessment helped solidify the 5 year grid pruning plan, as well as providing tree recommendations for the new Landscape Standards.
• In January 2022, Dudek was also contracted to identify, assess, and prioritize the eucalyptus trees that are located within the public rights-of-way and some of the General Fund parks. In recent years, some of these windrow trees have fallen, which also resulted in some claims against the City. The recommendations for mitigation were to either remove, trim, or increase the level of assessment for each specific tree.
77 DISCUSSION
16 • In FY 2022-23, 101 eucalyptus trees were removed and 285 were trimmed. Additionally, 78 dead-standing or high-priority trees of various species were also removed. All of these trees were in the public rights-of-way and in some General Fund parks. Based on available funding, staff will continue to address the remaining lower priority trees over the next two years. Staff has observed that many of the eucalyptus trees throughout the City continue to decline. The goal is to have consultants, who specialize in urban forestry, continue the regular assessments of the remaining eucalyptus trees. Therefore, as a best management practice, the eucalyptus trees will be assessed every two years by third party Certified Arborists.
78 DISCUSSION
17 • During a recent eucalyptus tree assessment performed by Rincon Consultants, 1,100 trees were assessed by Certified Arborists that specialize in risk assessments. Of those assessed, 139 were identified for removal by December 31, 2024this calendar year. A page from this Assessment showing the trees at College Park is included in this Staff Report (Attachment 3). The priority 1 trees that are identified in “Red” will be removed by the end of this calendar year. Priorities 2-4 require specific maintenance, mostly pruning, within a time period between six months and a year. The non-priority trees “N/A” that are identified in “Purple” do not have any current maintenance needs.
79 DISCUSSION
18 80
DISCUSSION
19 • Finally, the City has been awarded a U.S. Department of Agriculture Urban Forestry Grant in the amount of $958,000 to fund 100% ($651,000) of the tree inventory costs in disadvantaged communities and 50% ($334,000) of the tree inventory costs for non-disadvantaged communities. The required 50% match from the City has been encumbered in the current Parks operations budget.
Staff received notice that the City will receive the Grant Funding by March 31, 2024. At the time of writing this report, the funding has not been received.
81 DISCUSSION
20 • The scope of work that will be provided with this Grant includes the citywide tree inventory with a Level 2 Risk Assessment of each tree, utilizing LiDAR (laser 3D imaging) technology to measure the canopy shade coverage citywide, fund the removal of an estimated 600 high-priority trees, and provide urban forestry management training for City staff. A Level 2 Risk Assessment is a 360-degree visual evaluation of a tree where the crown, trunk, root flare, above-ground roots, and site conditions are evaluated by a Certified Arborist.
•
The data that will be collected during the tree inventory will include information for individual tree GPS locations, species, dimensions, an arborist’s health assessment, and various other data points. This information will provide staff with needed clarity on tree count, locations, and conditions for each tree within the City’s urban forest to create and manage the City’s Urban Forest Master Plan.
82 DISCUSSION
21 Landscape Standards
• Staff from both the Public Works and Community Development Departments began working together in FY 2022-23 to revise the outdated City Landscape Standards. With the assistance of Jordan & Gilbert Landscape Architects, staff hosted three community outreach meetings on April 6, 2023, May 25, 2023, and June 8 2023. Based on research, consultant recommendations, State mandates for landscaping and water use, and the resident and contractor input from the community outreach meetings, staff has started drafting the revised Landscape Standards in addition to developing three separate plans for “Demonstration Areas” that are based on these new standards. These demonstration areas will provide the community with actual landscape improvements within the street landscapes that apply the practices identified in the draft Landscape Standards.
83 DISCUSSION
22 • Next steps for this calendar year are to present the draft Landscape Standards and plans for the three demonstration areas to both the Planning Commission and the Parks, Recreation, and Community Services Commission. Invitations to the commission meetings will be provided through social media, as well as, direct email invitations to the attendees of the community outreach meetings.
Once the draft Landscape Standards and demonstration area plans have been reviewed by the Commissions, they will be presented to the Public Works and Transportation Committee with
recommendations for both commissions and the community.
84 There is no direct financial impact as this item is a receive and file report.
FINANCIAL IMPACT
23 85
24This is the footer.
86 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.3
DATE: April 9, 2024
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Review an Ordinance Granting the Renewal of the Crimson California Pipeline, L.P. Franchise Agreement to Operate and Maintain a Pipeline for the Transportation of Petroleum Products Under, Along and Across Harbor Boulevard and a Resolution of Intent to Grant the Franchise Agreement. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee review and recommend that the City Council adopt a resolution of intent (“ROI”) to set a public hearing to introduce an uncodified ordinance granting the renewal of the Crimson California Pipeline, L.P. franchise agreement to operate and maintain a pipeline for the transportation of petroleum products under, along and across Harbor Boulevard.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6oPTswdq3rM
BACKGROUND
On May 5, 1981, the City of Oxnard, by Ordinance No. 1869, granted to Union Oil Company of California (“UNOCAL”) the right to lay, maintain, and operate 2,017.5 linear feet of 8-inch pipeline along Harbor Boulevard in Oxnard, for a period of forty (40) years. In January 1992, UNOCAL transferred its rights to UNOCAL California Pipeline Company (“UNOCAP”). The City formally agreed to the transfer of all rights, title, and interest in the franchise from UNOCAL to UNOCAP on April 4, 2000.
Thereafter, on February 1, 2005, UNOCAP merged with ConocoPhillips Pipe Line Company (“Conoco”) and the City formally consented to the transfer of all rights, title, and interest in the franchise from UNOCAP to Conoco on April 5, 2005. Then in 2008, Crimson California Pipeline Company (“Crimson”) purchased pipeline assets from Conoco, which included the franchise. On December 16, 2008, the City Council consented to the Bill of Sale transferring the pipeline assets from Conoco to Crimson.
DISCUSSION
The 40-year franchise, initially granted to UNOCAL and now held by Crimson, was set to expire in June 2021.
Crimson contacted the City in a letter dated November 4, 2019 formally requesting that the franchise be renewed for an additional ten (10) years. Due to the COVID-19 pandemic and staff transitions within Crimson and the City, the renewal was not completed before the franchise expired. However, Crimson continued to abide by the terms and conditions of the franchise agreement and continued to pay the City for the franchise in 2021, 2022, 2023, and 2024, operating on a year-to-year basis. This proposed uncodified ordinance will grant 87 Crimson a 10-year franchise to operate and maintain the existing pipeline currently in place along Harbor Boulevard near the McGrath and Mandalay Generating Stations.
The subject pipeline along Harbor Boulevard (Line #830) is a part of the Line 600 pipeline system, which is made up of multiple pipelines that transport crude oil to the Crimson Ventura Tank Farm, outside City boundaries. The pipeline is active and exclusively transports crude oil. The Line 600 pipeline system includes approximately 100 miles of pipe, three tanks with over 200,000 barrels of storage capacity and a crude oil truck unloading facility. The pipeline along Harbor Boulevard is considered a gathering pipeline, meaning it transports crude oil from a facility that extracts crude oil from the ground.
Crimson makes annual payments to the City for the franchise. The payment amount fluctuates with the Consumer Price Index (“CPI”) for the Los Angeles region. Between 2020 and 2023, Crimson’s average annual payment was $3,420.62. Once the proposed ordinance is adopted, Crimson has 30 days to file a written acceptance of the franchise agreement with the City Clerk, thereby finalizing and agreeing to the terms and conditions contained therein. The franchise terms and conditions are similar to the 1981 terms and conditions; however language has been added to multiple sections to reflect necessary updates to the franchise agreement, including but not limited to, new liability protections for the City, an updated abandonment process, changes to the annual payment amount and fixing the annual payment increase at 3.5% instead of CPI.
To grant Crimson a 10-year franchise, the City must take the following actions listed in the Public Utilities Code Section 6201 et. seq.:
• Adopt a Resolution of Intention ("ROI") to grant the franchise, which must include the date, time, and place of a public hearing at which all protests and objections may be heard; • Publish notice of the public hearing in a newspaper of general circulation fifteen (15) days after the ROI is adopted; and
• Hold the public hearing, twenty (20) to sixty (60) days after the ROI is adopted, to introduce the ordinance to grant the renewal of the franchise agreement and consider all objections and testimony provided at the public hearing.
Pending the Committee's recommendation, the ROI will be scheduled to go before the City Council on April 30, 2024. The ROI must be adopted before the Council can hold a public hearing and consider the franchise agreement. The public hearing on the proposed uncodified ordinance for the franchise agreement will be scheduled to go before the City Council on May 21, 2024, and notice of the public hearing will be provided in a newspaper of general circulation as least 10 days prior to the hearing. After the ordinance is introduced and first reading waived after the close of the public hearing on May 21, the ordinance will be presented to the City Council on June 4, 2024, for final approval and adoption.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
This item has a positive financial impact on the City. Payments made on City-granted franchises are placed in the General Fund (1011001-40400).
Prepared by: Chelsey Ballot, Deputy City Attorney
ATTACHMENTS
88 1. Resolution of Intent to Grant the Franchise
2. Map showing Franchise Location
3. Proposed Draft Franchise Agreement Ordinance
4. Ordinance 1869 Granting 40-year Franchise
5. November 4, 2019 Letter for Franchise Extension
6. Resolution 11708_Ox Consent to UNOCAL to UNOCAP
7. Resolution 12790_Ox Consent to UNOCAP to CONOCO
8. Resolution 13574_Ox Consent to CONOCO to CRIMSON
9. Presentation
89 CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.
A RESOLUTIONOF THECITYCOUNCILOF THECITYOF OXNARDDECLARINGTHEIT’SINTENTTOGRANTTHERENEWALOFTHECRIMSONCALIFORNIAPIPELINE,L.P. FRANCHISEAGREEMENTTO OPERATEANDMAINTAIN A PIPELINEFORTHETRANSPORTATIONOF PETROLEUMPRODUCTSUNDER,ALONGANDACROSSHARBORBOULEVARD,ANDSETTINGA PUBLICHEARINGDATE TO RECEIVEPROTESTOROBJECTIONS.
WHEREAS,onMay5,1981,theCityofOxnard,byOrdinanceNo.1869,grantedtoUnionOilCompanyofCalifornia(“UNOCAL”)therighttolay, maintain,andoperateapproximately2,000linearfeetof8-inchpipeline(the“OxnardPipeline”)alongHarborBoulevardinOxnard,foraperiodoffortyyears;and WHEREAS,onNovember2,2008,CrimsonCaliforniaPipelineCompany(“Crimson”)advisedtheCitythatithadenteredintoaPurchaseandSaleAgreementforpipelineassetscoveredunderthefranchisecreatedbyOrdinanceNo.1869;and WHEREAS,Crimsonformallyappliedtorenewthefranchiseforanadditional10yearsvialetterdatedNovember4,2019;and WHEREAS,duetotheCOVID-19pandemicandstaff turnoveratCrimsonandtheCity,thefranchisewasnotrenewedandsubsequentlyexpiredinJune2021.
NOW, THEREFORE,theCityCounciloftheCityofOxnardresolves:
1. TheCityCouncilherebyexpressesitsintenttogranttherenewaloftheCrimsonCaliforniaPipeline,L.P. franchiseagreementtooperateandmaintaina pipelineforthetransportationof petroleumproductsunder, alongandacrossHarborBoulevardasdepictedinthemap,attachedheretoandincorporatedhereinbythisreferenceasExhibitA.2. Saidfranchisewillbeforaperiodof10years.3. FranchisefeesundersaidfranchiseshallbepaidannuallytotheCityofOxnardpursuanttothefranchisetermsandconditionsandCaliforniaPublicUtilitiesCodeSection6231.5.4. ApublichearingtoreceiveprotestsandobjectionstograntingthefranchiseshallbeheldonMay21,2024at6:00p.m.intheCityofOxnard,CityCouncilChambers,305WestThirdStreet.AllpersonshavinganyobjectiontothegrantingofthefranchisemayappearbeforetheCityCouncilandbeheardatthattime.5. AnoticeoftheintentiontograntthefranchisetoCrimsonCaliforniaPipeline,L.P. shallbepublishedin a newspaperof generalcirculationwithinfifteen(15)calendardaysoftheadoptionofthisresolution.Saidnoticeshallinclude:date,time,andplaceofthescheduledpublichearing;a statementthatthefranchiseeshallpayfranchisefeesandfailuretopaysuchfeesasprescribedwillresultintheforfeitureofthefranchise;andtheintended10yeartermofthefranchise. 90 6. TheCityClerkshallcertifyto theadoptionofthisresolutionandshallcausea certifiedresolutiontobefiledintheOfficeoftheCityClerk.
PASSEDANDADOPTEDTHIS______dayof _________________,2024,by thefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JohnC.Zaragoza,Mayor Date
ATTEST:
RoseChaparro,CityClerk Date
APPROVEDASTOFORM:
StephenM.Fischer, CityAttorney Date
91 EXHIBIT“A”
(Addmapofpipelinelocation)
92 Crimson Pipeline - Line 830 - City of Oxnard 8/30/2023 Line 830
Parcel Boundary
City Boundary
93 CITYOFOXNARD
UNCODIFIEDORDINANCENO.
UNCODIFIEDORDINANCEOFTHECITYOFOXNARDGRANTINGTHERENEWALOFTHECRIMSONCALIFORNIAPIPELINE,L.P. FRANCHISEAGREEMENTTO OPERATE ANDMAINTAINA PIPELINEFORTHETRANSPORTATIONOFPETROLEUMPRODUCTSUNDER,ALONGANDACROSSHARBORBOULEVARD.
WHEREAS,onMay5,1981,theCityofOxnard,byOrdinanceNo.1869,grantedtoUnionOilCompanyofCalifornia(“UNOCAL”)therighttolay,maintain,andoperateapproximately2,000linearfeetof8-inchpipeline(the“OxnardPipeline”)alongHarborBoulevardinOxnard,foraperiodoffortyyears;and WHEREAS,inJanuary, 1992,UNOCALtransferreditsrightstoUNOCALCaliforniaPipelineCompany(“UNOCAP”);and WHEREAS,onApril4,2000,theCityformallyconsentedtothetransferfromUNOCALtoUNOCAPofallrights,title,andinterestinthefranchiseconcerningtheoperationoftheOxnardPipelineunderOrdinanceNo.1869;and WHEREAS,effectiveFebruary1,2005,UNOCAPmergedintoConocoPhillipsPipeLineCompany(“CONOCO”);and WHEREAS,onApril5,2005,theCityformallyconsentedtothetransferfromUNOCAPtoCONOCOofallrights,title,andinterestinthefranchiseconcerningtheoperationoftheOxnardPipelineunderOrdinanceNo.1869;and WHEREAS,onNovember2,2008,CrimsonCaliforniaPipelineCompany(“Crimson”)advisedtheCitythatithadenteredintoaPurchaseandSaleAgreementwithCONOCOforpipelineassetscoveredunderthefranchisecreatedbyOrdinanceNo.1869;and WHEREAS,theBillofSaletransferringthepipelineassetsfromCONOCOtoCrimsonbecameeffectiveasofJuly1,2008;and WHEREAS,onDecember16,2008,theCityCouncilconsentedtotheBillofSaletransferringthepipelineassetsfromCONOCOtoCrimson;and WHEREAS,CrimsoncontactedtheCityinNovember2019torenewthefranchiseforanadditional10years,howevertheCOVID-19pandemicandstaffturnoveratCrimsonandtheCityimpededrenewalcausingthefranchisetoexpireinJune2021;and WHEREAS,Crimsonhascontinuedtopayanannualfeewhilenegotiationscontinuedthroughthisyear;and WHEREAS,pursuanttostatelaw, theCityCounciladoptedaresolutiondeclaringitsintentiontograntthisfranchiseduringaregularmeetingheldonApril30,2024;and WHEREAS,onMay21,2024theCityCouncilheldadulynoticedpublichearingand,afterconsideringalloralandwrittentestimonypresentedatthathearing,approvedtograntthis SB514286v2:006670.0038
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franchisetoCrimson;and
WHEREAS,theCitydesirestograntthisfranchisetoCrimson,itssuccessorsandassigns,inaccordancewiththetermsandconditionsofthisOrdinance,foraperiodoftenyears.
NOW, THEREFORE,THECITYCOUNCILOFTHECITYOFOXNARDDOESORDAINASFOLLOWS:
PART 1.TheCityofOxnard,referredtoas“City”,herebygrantstoCrimsonCaliforniaPipeline,L.P., itssuccessorsandassigns,collectivelyreferredtoas“Grantee”,a non-exclusivefranchiseto lay, construct,operate,maintain,renew, repair, changethesizeof,removeandorabandonin placeoneoilpipelineandonegaspipeline,notto exceedeightinch(8)nominaldiameter, forthetransportationofpetroleum,oil,gas,andliquidhydrocarbonproductsthereof,togetherwithall manholes,valvesandappurtenancesandserviceconnectionsnecessaryorconvenientto properlymaintainandoperatesaidpipeline,includingfacilitiesnecessaryforcathodicprotectionofsaidpipelines,collectivelyreferredtoas“franchisefacilities,”in,under,alongandacrossthosecertainpublicstreetswithintheCityofOxnarddescribedasfollows:
AlongHarborBoulevardfromthenorthCityofOxnardboundarylinetoapointlocated1,975’southerly.
Thisfranchiserightbeingsubjecttothefollowingcovenants,termsandconditions:
SECTION1. DURATIONOFFRANCHISE:
Thisfranchiseshallexpire10yearsfromaftertheeffectivedateofthisordinance,unlesssoonerterminated,byordinance,ashereinprovided.Cityreservestherighttoterminatethisfranchisepriortoitsexpirationdateintheevent:
(a) Granteefailsto complywithanyprovisionshereof.IfsuchfailureisduetoacausebeyondthecontrolofGrantee,thefranchiseshallnotbesoterminated.IntheeventGranteeshalldefaultin theperformanceofanyoftheterms,covenantsorconditionshereinandsuchdefaultiscurable,CityshallgivewrittennoticetoGranteerequestingthatthecommencingoftheworknecessaryto curesuchdefaultbestartedwithin10days,andifGranteefailstocomplywithsuchnotice,Citymayterminatethisfranchise;or (b) AnyprovisionhereofbecomesinvalidorunenforceableandCityexpresslyfindsthatsuchprovisionconstitutedaconsiderationmaterialtothegrantingofthisfranchise.
Ineithercase,theCityshallgivetheGrantee10daysnoticeofanyterminationproceedings.
SECTION2.CONSTRUCTIONANDOPERATION:
A. LOCATIONOF FRANCHISEFACILITIES:Thelocationof anyfranchisefacilitiesinstalledhereundershallbefirstapprovedbytheCityEngineer. 2 95
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B. QUALITYCONTROLANDCONTENT: Allfranchisefacilitiesinstalledandmaintainedhereundershallbeconstructedin a goodandworkmanlikemannerandinconformitywithall ordinances,rulesor regulationsnowor hereafteradoptedorprescribedbytheCity. AllfranchisefacilitiesinstalledshallconformtoallapplicablelawsandhighestapplicablestandardsoftheFederalGovernmentandStateofCalifornia,includingtheAmericanNationalStandardCodeforPressurePiping,initslatestrevision.TheGranteeshallkeeptheCityinformedofthecontentortypeofsubstanceconveyedinanypipeinorderfortheCitytoevaluatetheflammablenatureoranypotentialdangers.IntheeventthattheGranteeintendstoshipaproductotherthancrudeoil,theGranteeshallnotifytheCityofitsintentionsaminimumforty-five(45)daysinadvanceofdoingso.
C. OPERATION:Thefranchisefacilitiesshallbe maintainedandoperatedin amannerconsistentwiththe lawsandhighestapplicablestandardsof theFederalGovernment,StateofCalifornia,and/orCityofOxnard.GranteeshallbeliableforanyandalldamageresultingfromtheactivitiesandfacilitiesofthisfranchiseandshallbeboundbyalldutiesandliabilitiesoftheGranteeasprovidedbyPublicUtilityCodeSection6291et.seq.
Exceptasotherwiseprovidedbelow, Granteemaynotorpermitanyhazardousmaterialstobedischargedorreleasedin,under, oraboutthestreetsoradjacentpropertiesatanytime.Granteemust,at its expense,procure,maintainin effectandcomplywithallconditionsof anyandall applicablepermits,licenses,andothergovernmentalandregulatoryapprovalsrequiredof GranteeforGrantee’s useofthestreetsoradjacentproperties.Uponexpirationorearlierterminationofthefranchiseterm,GranteemustcauseallhazardousmaterialsreleasedbyGranteein orundertheStreetsoradjacentproperties,if any, toberemovedfromthestreetsoradjacentpropertiesinaccordancewithandin compliancewithallapplicablelaws.Granteemaynottakeanyremedialactioninresponsetothepresenceofanyhazardousmaterialsinoraboutthestreetsoradjacentproperties,norenterintoanysettlementagreement,consentdecreeorothercompromisein respectto anyclaimsrelatingto anyhazardousmaterialsin anywayconnectedwiththestreetsoradjacentproperties,withoutfirstnotifyingCityofGrantee’sintentiontodosoandaffordingCityampleopportunitytoappear, interveneorotherwiseappropriatelyassessandprotectCity’sinterests.
GranteemustimmediatelynotifyCityin writingof (i) anyenforcement,cleanup,removalorothergovernmentalorregulatoryactioninstituted,completedorthreatenedpursuantto anyapplicablelawsrelativeto thestreetsoradjacentproperties;(ii)anyclaimmadeor threatenedby anypersonagainstGranteeor thestreetsor adjacentpropertiesrelatingto damage,contribution,costrecoverycompensation,lossorinjuryresultingfromorclaimedtoresultfromanyhazardousmaterials;and(iii)anyreportsmadeto anygovernmentalagencyarisingoutoforinconnectionwithanyhazardousmaterialsinorremovedfromthestreetsoradjacentproperties,includinganycomplaints,warningsorassertedviolationsinconnectiontherewith.GranteemustalsosupplytoCityaspromptlyaspossiblecopiesofallclaims,reports,complaints,notices,warningsorassertedviolations,relatinginanywaytothestreetsoradjacentproperties,orGrantee’suseofthestreets.GranteemustpromptlydelivertoCitycopiesofmanifestsreflecting3 96 DRAFT
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thelegalandproperdisposalofallhazardousmaterialsremovedbytheGranteefromthestreetsoradjacentproperties.
D. STREETEXCAVATION:Granteeshallhavetherightto makeallnecessaryexcavationsinthestreetorpublicrightofwayforthepurposesgrantedinthisfranchise,butnothinghereincontainedshallrelieveGranteefromtheprovisionsofanyordinanceorlawthatmaybeinforceatthetime,requiringpermitstobeobtainedforexcavationsbeforesuchworkiscommenced.Inemergencies,Granteemaycommenceexcavationofstreetswithoutpriorpermit;provided,however, thatGranteeactsina reasonableanddiligentmannerassoonaspracticableaftertheonsetofsaidemergencyto obtainapermitauthorizingsuchwork.
AllexcavationsshallbemadeandrefilledinstrictcompliancewithallFederalandStatelawsandhighestapplicablestandards,includingCityordinances,standardsandpoliciesthatmaybeineffectatthetimeoftheperformanceoftheworkandshallbesomadeasnottointerfereunreasonablywiththefreeuseofthestreetsandpublicrightofwaybythepublic.Uponcompletionof theworkforwhichstreetexcavationsaremade,allportionsofthestreetsorpublicrightofwaywhichhavebeenexcavatedorotherwisedamagedbysuchexcavationworkshallberestoredtoatleastasgoodconditionastheywereinbeforethecommencementofsuchwork,tothesatisfactionoftheCityEngineer.
GranteeacknowledgesthattheCity’s recordsmaynotbecompleteandthatpipesandappurtenancespreviouslyunknowntoCityarefrequentlydiscovered.Consequently, bygrantingthisfranchiseorbyapprovinganyexcavationpermitrequestedbyGrantee,theCitydoesnotwarranttheaccuracyofinformationsuppliedtotheGranteebytheCityregardingthelocationorexistenceofotherfacilities.NothinghereinwillmaketheCity,oranyofficer, agentoremployeeoftheCity, responsibleorliabletotheGranteeortoanyotherpersonbyvirtueoftheCity’sapprovalofexcavationpermitplans,regardlessofwhetheranyinformationissuppliedbytheCitytotheGranteepertainingtothelocationofexistingpipes,facilitiesorotherimprovementson,in orunderanystreetorotherpublicproperty.
E. EMERGENCYWORK:AtitssoleexpensetheGranteeshallpromptlyrepairandcleanupanyleaksorbreaksinpipelinesorotherfranchisefacilities. Ifanyportionofanystreetshallbedamagedbyreasonofbreaksorleaksinanypipeorotherfranchisefacilitiesconstructed,operated,ormaintainedunderthisfranchise,theGranteeshall,atitssoleexpense,takeimmediatestepstorepairanysuchdamageandrestoresuchstreettoatleastasgoodconditionasitwasbeforesuchbreakorleak,andtothesatisfactionoftheCityEngineer. Suchemergencyrepairoffranchisefacilitiesmaybecommencedwithoutpriorpermit.However, Granteeshall,bynotlaterthanthenextnormalworkingday, applytotheCityEngineerforapermitauthorizingsuchemergencywork.
TheGranteemustdevelopandmaintainan emergencyresponseplan,reasonablysatisfactorytotheCity, whichcoversallfranchiseoperationswithintheCity. Ingeneral,an emergencyresponseplanmeetingtherequirementsofFederalandStatelawandcontainingthe informationcontainedin thissectionis acceptable.Theemergencyresponseplanmustincludea 24-hournotificationprogramandproofofarrangements 4 97
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capableofprovidingemergencyresponseservices,includingwithoutlimitationtotrafficcontrol,streetexcavationpipelinerepair, andsuppliesandservicesasnecessary, withintwo(2)hoursofnotificationofanyproblem,andsuchotherinformationastheCitymayreasonablyrequire.Repairstoapublicstreet,alleyorparkwaymustbecompletedwithin72hoursofGranteecompletingrepairsto itsfacilitiesandcleanupofanymaterialsreleasedfromitsfacilities,if reasonablypossible,unlessotherwiseauthorizedbytheCity. TheCitymustbenotifiedten(10)daysinadvanceofanyproposedchangeinsucharrangements.AnychangesinorrevisionstoGrantee’semergencyresponseplanmustbesubmittedtotheCityonthefirstworkingdayofthesubsequentcalendaryear.
Wheneveranypipelineorotherfranchisefacilitiesbreaksorleakssoastocausethereleaseofoilorpetroleumproductsintoorunderthepublicrightofway, Grantee,andanyotherpersonusingor controllingthepipelineorotherfranchisefacilities,mustimmediatelynotifytheCity’s PoliceDepartmentandPublicWorksDepartmentandimplementprecautionarysafetymeasuresincludingtrafficcontrol,systemshutdown,valveclosures,andpublicnotification.Intheeventofanemergencywhichthreatenslife,health,safety, orproperty, andwhereit isnotpossibletoobtainanexcavationpermitbeforecommencingthe work,the Granteemaycommencesuchwork;provided,however, thatGranteeactsina reasonableanddiligentmannerassoonaspracticableaftertheonsetofsaidemergencytoobtaina permitauthorizingsuchwork.Adequatetrafficsafetybarriersmustbemaintainedatalltimes,andanydamagedportionofthestreetmustbe restoredto at leasttheconditionthatexistedimmediatelybeforethedamage.
ShouldGrantee,afterreasonablenotice,failorrefusetopave,surface,grade,repave,resurfaceorregradeanydamagedstreetasrequiredbytheprovisionsofthisfranchise,theCitymaycausetheworktobedoneafterwrittennoticeisgiventoGranteeandwillkeepan itemizedaccountof all costsincurred.TheGranteeagreesto,andmust,reimbursetheCityfor all suchcosts,includingreasonableadministrativeoverheadexpenses,withinthirty(30)daysafterpresentationtoGranteeofanitemizedaccountofsuchcosts.
F. CHANGESREQUIREDBYPUBLICIMPROVEMENTS:IftheCityEngineershalldeterminethat it is reasonableand necessarythat franchisefacilitiesbedisconnectedtemporarily, removedtemporarilyorpermanently, relocatedtemporarilyorpermanently, abandoned,or substitutefacilitiesinstalled,in orderfortheCity, whenactinginagovernmentalcapacity, torelocate,grade,construct,use,maintain,changeormodifyanystreetimprovementorCity-ownedutilityfacilities,saidCityEngineershallgivewrittennoticetotheGrantee.Within30daysaftertheserviceofsuchnoticeupontheGrantee,theGranteeshallatitssolecostandexpensebeginanddiligentlyprosecutethenecessaryworktocompletion.Uponfailuretodoso,theCityEngineermaycausesaidworkto becompletedandtheGranteeshallimmediatelypayforthesameuponpresentationofanitemizedaccountofthecostthereof.
AfterreceivingwrittennoticefromtheCitythatworkis to bedonepursuanttoanyreservedrightandspecifyingthegeneralnatureoftheworkandtheareainwhichthesameistobeperformed,theGranteemustcommencetodoallthingsnecessarytoprotect5 98 DRAFT
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andsupportitsfranchisefacilitiesduringtheprogressofsuchwork.IfsoorderedbytheCity, Granteemustrelocatethosepipesandotherfranchisefacilitiesinstalled,usedandmaintainedwithinthestreetto suchextent,insuchmanner, andforsuchperiodasisnecessaryto permittheperformanceofsuchworkin aneconomicalmanner, andtopermitthemaintenance,operationanduseofsuchstreetimprovement.
Nothingin thisAgreementmaybe construedto requiretheCityto move,alter, orrelocateanyofitspipelinesuponpublicstreetsatitsownexpense,fortheconvenience,accommodationornecessityofanyotherpublicutility, person,firmorcorporation,noworhereafterowninga publicutilitysystemofanytypeornature,ortomove,alter, orrelocateanypartofitspipelinesuponsaidstreetsfortheconvenience,accommodationornecessityoftheGrantee.
G. ABANDONMENTOFFRANCHISEFACILITIES:TheCityEngineer, uponsuchtermsandconditionsas heorshemaydetermine,includingbutnotlimitedtopiggingthepipeline,pluggingthepipeline,andcomplyingwithallapplicableStateand/orFederallawsfor abandonmentof oilandgaspipelines, maygiveGranteepermissiontoabandon,inaccordancewithArticle4 ofChapter2 inDivision3 ofthePublicUtilityCode,thefranchisefacilitiesinstalledunderthisandpriorfranchiseagreements.Thelengthof anypipeline,conduitor polelineabandonedwithsuchpermissionshallnotbe consideredin calculatingpaymentsdueunderthefranchisefollowingthedatetheCityEngineerora designatedrepresentativehasinspectedandapprovedinwritingtheabandonmentwork..
ShouldGranteeabandonalloranypartofthepipelineandotherfranchisefacilitieswhichencompassthisfranchise,suchabandonmentmustbeaccomplishedbyGranteeasrequiredbytheStateof CaliforniaPipelineSafetyAct,orothergoverningStateorFederallawsorstatutes.Theownershipofallfranchisedfacilitiessoabandonedinplace,immediatelyvestintheCityexceptthatGranteewillretainallliabilityfortheinstallationor constructionof thosefacilities,andanyliabilityforhazardousmaterials,asthoseliabilitiesexistasofthedateoftheAbandonment.
H. INCLUSIONOFSPECIALUSEPERMITNO.806:AllprovisionsofSpecialUsePermitNo.806thatareapplicabletopipelinesandthefranchisefacilitiesareherebyincludedwithinthisordinanceandaretobeconsideredequally.
SECTION3:MAPSANDRECORDS:
Withinsixmonthsfollowingthedateinwhichanyfranchisefacilitieshasbeeninstalled,relocated,removedor abandonedunderthisfranchise,theGranteeshallwarranttheaccuracyofandfileamapormapswiththeCityinsuchformasmayberequiredbytheCityEngineershowingthelocation,lengthandsizeofallsuchfacilitiessoinstalled,relocated,removedorabandoned.
SECTION4:COMPENSATIONTOTHECITY:
AdheringtoPublicUtilitiesCodesection6231.5,andasitmaybeamendedfromtimetotime,within75daysaftertheendofeachcalendaryeartheGranteeshall,duringthelife6 99 DRAFT
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of thisfranchise,annuallypayto theCityin lawfulmoneyoftheUnitedStatesthefollowing: Thesumacquiredbymultiplyingone-half of the nominal internal diameterofthepipeline(inches),by thenumberof linealfeetof thepipelinewithintheCity’sboundaries.. However, theamountofeachannualpaymentshallberevisedatthetimeofpaymentinaccordancewiththefollowingformula:
(a) Theabovesumshallbeincreasedannuallyby 3.5%beginningin2025.Thispercentageincreaseisfixedforthedurationofthisfranchise.ThesumsocalculatedshallconstitutethenewBaseLevel.
SECTION5:TERMINATIONOFEXISTINGFRANCHISE:
Thisgrantis madein lieuofallotherfranchises,rights,orprivilegesownedbytheGrantee,or by anysuccessorof theGranteeto anyrightsunderthisfranchise,fortransmittinganddistributingpetroleum,oil,andliquidhydrocarbon,withinthelimitsoftheCity, assaidlimitsnowormayhereafterexist,andtheacceptanceofthefranchiseherebygrantedshalloperateas an abandonmentof all suchfranchises,rightsandprivilegeswithinthelimitsofthisCity, assuchlimitsnowormayhereafterexist,inlieuofwhichthisfranchiseisgranted.
SECTION6:INSURANCE
Granteeshallobtainandmaintainduringtheperformanceofanyactivitiesunderthisfranchisetheinsurancecoverageslistedwithin“ExhibitA”,whichisattachedheretoandincorporatedhereinbythisreference.MaintenanceofinsurancecoveragesbyGranteeisa materialelementofthisfranchise.Grantee’s failureto maintainorrenewinsurancecoveragesortoproviderenewalevidenceshallbeconsidereda materialbreachofthisAgreement.
ShouldGrantee,foranyreason,failtoobtainandmaintaintheinsurancerequiredbythisAgreement,theCitymayobtainsuchcoverageatGrantee'sexpenseorterminatethisfranchise.
GranteemustdelivertoCity, inthemannerprovidedfornotices,copiesorendorsementsof all insurancecertificatesandendorsementsrequiredbythisOrdinance,withinthefollowingtimelimits:1.ForinsurancerequiredatcommencementofthisOrdinance,withinthirty(30)daysafterthisOrdinancebecomeseffective;
2.Forinsurancebecomingrequiredatalaterdate,atleastten(10)daysbeforetherequirementbecomeseffective,or as soonthereaftertherequirement,if new,becomeseffective;and
3.Foranyrenewalorreplacementofapolicyalreadyinexistence,atleasttwenty(20)daysafterexpirationorotherterminationoftheexistingpolicy.
SECTION7:EMINENTDOMAIN:
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ThefranchisegrantedhereundershallnotinanywayortoanyextentimpairoraffecttherightoftheCityto acquirethefacilitiesoftheGranteehereofeitherbypurchaseorthroughtheexerciseoftherightofeminentdomain,andnothinghereincontainedshallbeconstruedtocontractawayortomodifyorabridge,eitherforatermorinperpetuity,theCity’s rightofeminentdomaininrespecttotheGranteeoranypublicutility. NorshallthisfranchiseeverbegivenanyvaluebeforeanycourtorotherpublicauthorityinanyproceedingofanycharacterinexcessofthecosttotheGranteeofthenecessarypublicationandanyothersumpaidby it to theCitythereforeat thetimeof theacquisitionthereof.
SECTION8:INDEMNIFICATION:
TheGrantee,bytheacceptanceoruseofthefranchiseagreestodefend,indemnifyandholdharmlesstheCity, its officers,agentsoremployeesagainstanyandallclaims,demandsor causesof actionwhichmaybe asserted,prosecutedor establishedfordamagetopersonsorpropertyofwhatsoevernature,arisingoutofanyoftheoperationsor activitiesof theGranteepursuantto thisfranchise.Granteeagreesto theabovewhethersuchdamageshallbecausedbynegligenceorotherwise.Theaboveshallnotapplyto anyclaim,demandor causeof actionthatmaybeasserted,prosecutedorestablishedagainsttheCityundertheprovisionsoftheWorkmen’sCompensationActfortheinjuryordeathofanyCityofficer, agent,oremployeewhileactingwithinthescopeoftheiremployment;andanyclaim,demandorcauseofactionarisingoutofthesolenegligenceoftheCity, itsofficers,agentsoremployees.
Inaddition,GranteeindemnifiesandholdstheCityharmlessfromandagainstanyclaim,action,damages,costs(including,withoutlimitation,reasonableattorney’s feesandpenalties),injuries,or liability, arisingout of thisAgreement,or its performanceincluding,withoutlimitation,damagesor penaltiesarisingfromGrantee'sremoval,remediation,responseorotherplanconcerninganyhazardousmaterialsresultinginthereleaseofanyhazardoussubstanceintotheenvironment.ShouldtheCitybenamedinanysuit,orshouldanyclaimbebroughtagainstitbysuitorotherwise,whetherthesamebegroundlessornot,arisingoutofthisAgreement,oritsperformance,GranteewilldefendtheCity(attheCity'srequestandwithcounselsatisfactorytotheCity)andwillindemnifytheCityfor anyjudgmentrenderedagainstit or anysumspaidoutinsettlementorotherwise.Theforegoingindemnityisintendedtooperateasanagreementpursuantto 42 USC§ 9607(e)(the ComprehensiveEnvironmentalResponse,CompensationandLiabilityAct;“CERCLA”)andHealthandSafetyCode§25364todefend,protect,holdharmless,andindemnifytheCityfromallformsofliabilityunderCERCLA,orotherapplicablelaw, foranyandallmattersaddressedinthisfranchise.
Granteeissolelyresponsibleforcomplyingwithalllaws,regulations,andotherorderswhichareapplicableto theinstallation,repair, relocationorremovalofitsfacilities,whetherfederal,stateorlocal.City’s approvalofsuchinstallation,repair, relocationorremovalwillnotrelieveGranteeofanyliabilityGranteemayhaveforcontaminatedsoilsorotherenvironmentalliabilityattributabletoorarisingfromGrantee’spipelineorotherfranchisefacilities.AnyfeepaidbyGranteepursuanttothisAgreementwillinnoway 8 101
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limitGrantee’s obligationto compensateCityforanydamage,claim,expenseorlosswhatsoever, assetforthinthisparagraph.
SECTION9:ASSIGNMENT:
Granteeshallnotpermitanyrightorprivilegegrantedbythisfranchisetobeexercisedby another, norshallthisfranchiseor anyinterestthereinor anyrightorprivilegehereunderbe,in wholeor in part,sold,transferred,leased,assigned,ordisposedofexceptwiththeconsentoftheCityexpressedbyresolution.However, noconsentshallberequiredforGranteetotransfer, intrustorbywayofmortgageorhypothecation,alloranypartofGrantee’s facilities,forthepurposeofsecuringanindebtednessofGranteeorforthepurposeofrenewing,extending,refunding,retiring,payingorcancelinginwholeorinpartanysuchindebtednessatanytimeorfromtimetotime.Uponcompliancewiththeforegoing,thisfranchisewillbebindingonthesuccessorsandassignsofthepartieshereto,andinuretothebenefitofthesuccessorsandassignsofthepartieshereto.
SECTION10:FORFEITURE:
A. EFFECTOFDEFAULT: ShouldGranteedefaultintheperformanceofanyoftheterms,covenantsandconditionsherein,andsuchdefaultiscurable,theCitymaygivewrittennoticeto Granteeof suchdefault.ShouldGranteenotcommencetheworknecessaryto curesuchdefaultwithinsixty(60)daysaftersuchnoticeisreceivedbyGrantee,or prosecutesuchworkdiligentlyto completion,theCitymaydeclarethisfranchiseforfeited.UpongivingwrittennoticeofforfeituretoGrantee,thisfranchisewillterminateandGrantee'srightsGranteewillterminate.Shouldthefranchisebeforfeited,GranteemustexecuteaninstrumentofsurrenderanddeliversametoCity. IntheeventofnoncompliancebytheGranteewithanyoftheseconditions,theCitymay, inadditiontoallotherremedies,bringsuitfortheforfeitureorterminationofthisfranchise.
B. FORCEMAJEURE:ShouldGrantee'sperformanceofthisfranchisebepreventedduetofire,flood,explosion,war, embargo,governmentaction,civilormilitaryauthority,thenaturalelements,orothersimilarcausesbeyondtheParties’control,thenGranteewillnotbedeemedtobeindefaultorforfeititsfranchiserightsif it commencesandprosecutesperformancewithallduediligenceandpromptnessuponbeingabletodoso.
C. CUMULATIVEREMEDIES:Noprovisionofthisfranchiseforenforcingthetermsand conditionsof this franchiseis an exclusiveremedyor procedureforenforcement.Theseremediesandproceduresareinadditiontothoseprovidedbylawandarecumulative.
SECTION11:ACCEPTANCE:
Nolaterthan30daysafterthepublicationofthisordinance,theGranteeshallfilewiththeCityClerkawrittenacceptanceofthefranchiseherebygranted,andanagreementtocomplywithitstermsandconditions.Grantee’s acceptanceshallconstituteacontinuingagreement.If andwhentheCityannexesorconsolidateswithadditionalterritory, anyandall franchiserightsandprivilegesownedby the Granteein theannexedor 9 102
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consolidatedadditionalterritoryshallbe deemedabandonedwithinthelimitsoftheformerterritoryandshallautomaticallyuponannexationorconsolidationwiththeCitybecomesubjecttothisfranchiseAgreementandtheBaseLevelSumwillbeadjustedinaccordancewithSection4herein.
SECTION12:DISPUTERESOLUTION
Ifa disputearisesbetweenthepartiesrelatingtothisfranchise,thepartiesagreetousethefollowingprocedurebeforeeitherpartypursuingotheravailablelegalremedies,exceptwhendoingsowouldcausetheexpirationofanapplicablestatuteoflimitations.A meetingwillbe heldpromptlybetweentheparties,attendedby individualswithdecision-makingauthorityregardingthedispute,toattemptingoodfaithtonegotiatearesolutionofthedispute.If,withinthirty(30)daysaftersuchmeetingthepartieshavenotsucceededinnegotiatingaresolutionofthedispute,theyagreetosubmitthedisputetomediation.CityandGranteewillequallyadvanceaproportionateshareofthecostsofmediation.Thepartieswilljointlyappointamutuallyacceptablemediatorwithinthirty(30)daysfromtheconclusionofthenegotiationperiod.Thepartiesagreetoparticipateingoodfaithinthemediationandrelatednegotiationsfora periodofsixty(60)days.Anydecisionof themediatormustbe supportedby writtenfindingsof factsandconclusionsoflaw. Ifthepartiesarenotsuccessfulinresolvingthedisputethroughthemediation,themattermaybesubmittedtoacourtoflaw.
SECTION13:NOTICE
Anynoticerequiredtobegivenunderthetermsofthisfranchise,themannerofservicesofwhichisnotspecificallyprovidedforhere,maybeservedtothefollowingidentifiedaddresses,ortosuchotheraddressasmayfromtimetotimebefurnishedinwritingbyonepartytotheother, andbydepositingsaidnoticeintheUnitedStatesmail,postageprepaid.Whentheservicesofanysuchnoticeismadebymail,thetimesuchnoticewillbeginwithandrunfrom,isthedateofdepositofthesameintheUnitedStatesmail.
UponCity: CityofOxnardPublicWorksDepartmentAttn:DirectorofPublicWorks305WestThirdStreet–ThirdFloorOxnard,CA93030 UponGrantee: CrimsonCaliforniaPipelineL.P.℅CrimsonResourceManagementCorporation3760KilroyAirportWay,Suite300LongBeach,CA90806 SECTION14:PUBLICATION: 10
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TheGranteeofthisfranchiseshallpaytotheCityasumofmoneysufficienttoreimburseit forall publicationexpensesincurredbyit in connectionwiththegrantingofthisfranchise.Suchpaymentshallbe madewithin30 daysaftertheCity providestheGranteewithawrittenstatementofsuchexpenses.
SECTION15:MISCELLANEOUSPROVISIONS
A. VENUE:ThePartiesagreethatalllitigationarisingoutoforconnectedwiththisAgreementshallbeinstitutedandmaintainedinthecourtsofVenturaCountyintheStateofCalifornia,andthePartiesconsenttojurisdictionovertheirpersonandoverthesubjectmatterofanysuchlitigationinsuchcourts,andconsenttoserviceofprocessissuedbysuchcourts.
B. NOWAIVER:Granteeisnotexcusedfromcomplyingwithanyofthetermsandconditionsof thisOrdinanceby anyfailureof theCityuponanyone(1)or moreoccasionsto insistuponortoseekcompliancewithanysuchtermsorconditions.NoCitywaiverofanyprovisionorconsenttoanyactionconstitutesawaiverofanyotherprovisionorconsenttoanyotheraction,whetherornotsimilar. Nowaiverorconsentconstitutesa continuingwaiverorconsentorcommitapartytoprovideawaiverinthefutureexcepttotheextentspecificallysetforthinwriting.Anywaivergivenbyapartywillbe nullandvoidif thepartyrequestingsuchwaiverhasnotprovidedfullandcompletedisclosureofallmaterialfactsrelevanttothewaiverrequested.
C. BINDINGEFFECT: Eachandalloftheprovisionshereofarebindingonandinureto thebenefitofthePartiesandtheirrespectiveheirs,successors,andpermittedtransfereesandassigns.
D. AMENDMENT: Noamendment,modification,orsupplementtothisordinanceisbindingonanyofthepartiesunlessitisinwriting,signedbytheparties,andapprovedthroughlegislativeaction.
E. ENTIREAGREEMENT:Thisordinanceconstitutestheentireagreementbetweenthepartieswithregardto thissubjectmatter. Thisordinancesupersedesallpreviousagreementsbetweenoramongtheparties.Therearenoagreements,representations,orwarrantiesbetweenoramongthepartiesotherthanthosesetforthinthisAgreementorthedocumentsandagreementsreferredtointhisagreement.
F. CAPTIONS:Thecaptionshereareforconvenienceandreferenceonly, andarenotpartofthisfranchise,anddonotinanywaylimit,defineoramplifythetermsandprovisionshereof.
G. GOVERNINGLAW: ThisAgreementshallinallrespectsbegovernedbythelawoftheStateofCaliforniawithoutregardtoitsconflictsoflawrules.
PART 2. ThisordinancereplacesOrdinanceNo.1869as to grantingthisfranchisedescribedinPART1. 11 104
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PART 3.Severability. Ifanysection,subsection,subdivision,sentence,clause,phrase,orportionofthisordinanceortheapplicationthereoftoanypersonorplace,isforanyreasonheldtobeinvalidorunconstitutionalbythefinaldecisionofanycourtofcompetentjurisdiction,theremainderofthisordinanceshallremaininfullforceandeffect.
PART 4. TheCityCouncildeterminesandfindsthatthisordinanceisexemptfromtheCaliforniaEnvironmentalQualityAct(CEQA)undersection15301(b)becausetheactivityrelatestoanexistingstructure,facility, orutility, andtheexistingorformeruseofthestructure,facility,orutilitywillnotbeexpanded.Whereitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironment,theactivityisnotsubjecttoCEQA.
PART 5.TheCityClerkshallcertifyastotheadoptionofthisordinanceandshallcausethesummarythereofto bepublishedwithinfifteen(15)daysoftheadoptionandshallpostacertifiedcopyofthisordinance,includingthevoteforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo._____wasfirstreadon_______________,2024,andfinallyadoptedon_______________,2024,tobecomeeffective30daysthereafter. [Signaturesonfollowingpage]
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TheforegoingOrdinancewasadoptedat a regularmeetingoftheCityCounciloftheCityofOxnard,StateofCalifornia,heldonthe___dayof___________,2024,bythefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________JohnC.Zaragoza,Mayor
ATTEST:
___________________________RoseChaparro,CityClerk
APPROVEDASTOFORM:
___________________________StephenM.Fischer,CityAttorney 13 106
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EXHIBIT“A”
(AddInsuranceExhibit INS-N)
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Review an Ordinance Granting the Renwal of the
Crimson California Pipeline, L.P . Franchise
Agreement to Operate and Maintain a Pipeline for
the Transportation of Petroleum Products Under,
Along and Across Harbor Boulevard and a
Resolution of Intent to Grant the Franchise
Public Works & Transportation Committee
April 9, 2024
Chelsey Ballot
Deputy City Attorney
137
That the Public Works and Transportation Committee review and recommend that the City Council adopt a resolution of intent (“ROI”) to set a public hearing to introduce an uncodified ordinance granting the renewal of the Crimson California Pipeline, L.P . franchise agreement to operate and maintain a pipeline for the transportation of petroleum products under, along and across Harbor Boulevard.
RECOMMENDATION 2
138
• On May 5, 1981, the City of Oxnard, by Ordinance No. 1869, granted to Union Oil Company of California (“UNOCAL”) the right to lay, maintain, and operate 2,017.5 linear feet of 8-inch pipeline (the “Oxnard Pipeline”) along Harbor Boulevard in Oxnard, for a period of 40 years.
• Between 1992 and 2008, the franchise was transferred to UNOCAL California Pipeline Company (“UNOCAP”), then to ConocoPhillips Pipe Line Company (“Conoco”), and then to Crimson.
• Crimson seeks to renew the franchise for the existing pipeline for an additional 10 years.
BACKGROUND 3
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• The 40-year franchise expired in January 2021, however Crimson continued to make annual payments to the City under the franchise terms and conditions.
• The payment amount fluctuates with the Consumer Price Index (“CPI”) for the Los Angeles region.
• Between 2020 and 2023 Crimson’s average annual payment was $3,420.62.
• The pipeline is active and exclusively transports crude oil.
DISCUSSION 4
140
• The most significant changes made to the franchise terms and conditions from 1981 to today was adding language to further protect the City from liability and fixing the annual increase to 3.5%. • The resolution of intent will be presented to the City Council on April 30, 2024.
• Once adopted, the uncodified ordinance will be presented to the City Council on May 21, 2024, as a Public Hearing item for introduction and consideration.
• If approved, the uncodified ordinance will be presented to the City Council on June 4, 2024, for adoption.
DISCUSSION 5
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This item has a positive financial impact on the City. Payments made on City-granted franchises are placed in the General Fund.
FINANCIAL IMPACT 6
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QUESTIONS
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