SAMPLE
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, NOTWITHSTANDI NG
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 SH OWN 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
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
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
Rev. 4/24 INS-B.doc
186
Agreement No. 32400468
Rev. 4/24 INS-B.doc
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 $
coverage. Per Occurrence
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
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying prima ry coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
187
Agreement No. 32400468
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 insure ds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the C ity; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverag e or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 4/24 INS-B.doc
188
Agreement No. 32400468
EXHIBIT D
CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and RAFTELIS FINANCIAL CONSULTANTS, 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.
189
Agreement No. 32400468
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 s hall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982 -84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. CONSULTANT agrees to post, at a location readily accessible to those employees providing Services to the CITY , a copy of the Living Wage Policy adopted by the Oxnard CITY Council on July 9, 2002 and effective October 1, 2002.
b. If CONSULTANT fails to compensate such employee pursuant t o 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 t o CONSULTANT of the amount owed.
190
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: April 16, 2024
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Resolution Commending Sergeant Daniel Shrubb for over Twenty-Six Years of Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Daniel Shrubb for over twenty-six years of outstanding service to the City of Oxnard Police Department.
BACKGROUND
Daniel Shrubb began his law enforcement career in 1993 as a Reserve Deputy Sheriff with the Ventura County Sheriff’s Department. The City of Oxnard hired him on June 30, 1997, and he graduated from the Ventura County Criminal Justice Training Center (Police Academy) on December 19, 1997. Daniel Shrubb has served the community of Oxnard honorably, and with distinction, and advanced to the rank of Police Sergeant in 2013.
Throughout his career, Sergeant Daniel Shrubb held a wide variety of assignments within the Oxnard Police Department, including: Patrol Officer, Field Training Officer, Police Academy Tac Officer, Pre-Academy Instructor, Special Enforcement Unit/SWAT, Beat Coordinator, Department Driving and Taser Instructor, Pursuit Review Committee Member, Patrol Sergeant, Youth Services Sergeant, and Professional Standards Training Sergeant. Sergeant Shrubb proudly served as a member of the Honor Guard for 25 years.
Sergeant Daniel Shrubb has been a champion with regard to community engagement for the Oxnard Police Department by building positive relationships between officers and the community’s youth. He co-founded a non-profit after-school youth automotive program (DRAGG) in 2009. Throughout the past 15 years, this program has provided youth mentorship, employment, automotive education, and continuing education scholarships to students at the high school level. These efforts included a giveaway vehicle to a family in need each year during the Christmas season for an eight- year period. Due to Sergeant Shrubb’s leadership, he was the recipient of the Chief’s Award of Excellence in 2013, and in 2021 he received the Supervisor of the Year Award.
Sergeant Daniel Shrubb’s positive interactions have earned the respect of his fellow Officers, City employees and the community. He has developed countless friendships and partnerships within our City, County, and State.
On March 6, 2024, Sergeant Daniel Shrubb retired after twenty-six years of dedicated service to the City of Oxnard. The City of Oxnard extends its best wishes for a fun and fulfilling retirement with family and friends.
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
191
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Michael Thomas
ATTACHMENTS
1. Daniel Shrubb Resolution
192
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING DANIEL SHRUBB FOR OVER TWENTY-SIX YEARS OF
OUTSTANDING SERVICE TO THE CITY OF OXNARD
WHEREAS, Daniel Shrubb was born and raised in Oxnard and has given over twenty-six years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department; and WHEREAS, Daniel Shrubb began his law enforcement career in 1993 as a Reserve Deputy Sheriff with the Ventura County Sheriff’s Department. On June 30, 1997, he was hired by the City of Oxnard on June 30, 1997, and graduated from the Ventura County Criminal Justice Training Center (Police Academy) on December 19, 1997, where his passion for public service was ignited. Daniel Shrubb has served the community of Oxnard honorably and with distinction in his advancement to Police Sergeant in 2013; and
WHEREAS, throughout his career, Sergeant Daniel Shrubb held a wide variety of assignments within the Oxnard Police Department, including Patrol Officer, Field Training Officer, Police Academy Tac Officer, Pre-Academy Instructor, Special Enforcement Unit/SWAT, Beat Coordinator, Department Driving and Taser Instructor, Pursuit Review Committee Member, Patrol Sergeant, Youth Services Sergeant, and Professional Standards Training Sergeant.
Sergeant Shrubb proudly served as a member of the Honor Guard for 25 years, and WHEREAS, Sergeant Daniel Shrubb has been a champion with regard to community engagement for the Oxnard Police Department by building positive relationships between officers and the community’s youth. He co-founded a non-profit after-school youth automotive program (DRAGG) in 2009. Throughout the past 15 years, this program has provided youth mentorship, employment, automotive education, and continuing education scholarships to students at the high school level. These efforts included a giveaway vehicle to a family in need each year during the Christmas season for an eight-year period. Due to Sergeant Shrubb’s leadership, he was the recipient of the Chief’s Award of Excellence in 2013, and in 2021 he received the Supervisor of the Year Award; and
WHEREAS, Sergeant Daniel Shrubb’s positive interactions have earned the respect of his fellow Officers, City employees and the community. He has developed countless friendships and partnerships within our City, County, and State; and
NOW, THEREFORE, the City Council of the City of Oxnard resolves to commend, recognize, and extend its gratitude to Sergeant Daniel Shrubb for over twenty-six years of dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.
193
PASSED AND ADOPTED THIS 16th day of April, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
194
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8
DATE: April 16, 2024
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Amendment to External Auditor Agreement for Annual Auditing Services.
RECOMMENDATION
That City Council approve and authorize the Mayor to execute the Second Amendment to Agreement A-8223 with Eadie + Payne, LLP, to increase the amount by $62,700, for a total amended not-to-exceed amount over 5 years of $1,157,800 for FY 2022-23 and FY 2023-24 Annual Comprehensive Financial Reporting (ACFR)/Single-Audit/Ancillary Assistance.
BACKGROUND
Following a request for proposals process, in May 2020, the City executed contract A-8223 with the external audit firm Eadie + Payne, LLP (E+P) to conduct the City of Oxnard’s annual and single audits for five fiscal years from FY 2019- 2020 through FY 2023-2024. During the field audit of FY2022/23, the contract was amended by $20,000 for a total not to exceed of $1,095,100.
DISCUSSION
As required by Single Audit Act, agencies with federal awards greater than $750,000 must conduct single audits by independent external auditors and comply with federal program requirements for major programs identified. In the assessment of the major federal programs to be audited the FY2022/23, the auditor has selected five major programs, compared to one to two programs audited in prior years, to be audited for compliance with federal program requirements.
This is primarily due to the ARPA funds the City has received.
This Second Amendment is requesting an additional $32,700 for single audit services for the fiscal year audit ending June 30, 2023, and up to $30,000 of single audit contingency for fiscal year ending June 30, 2024. The recommended amendment will amend the FY2022/23 amount from $236,100 to $268,800 and amending the FY2023/24 amount from $221,700 to $251,700, for a not to exceed amount of $1,157,800 over the five year term of the contract. FY 2022/23 is the fourth year of the City's auditing contract with E+P of a five year agreement to provide audit services to the City.
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
There is sufficient budget in the Finance operational contract to fund the proposed amendment.
COMMITTEE OUTCOME
195
As of the posting of this agenda, there was not yet an outcome from the Finance and Governance Committee. Staff is available for any questions.
Prepared by: Beth Vo, Assistant Chief Financial Officer
ATTACHMENTS
1. Eadie + Payne Agreement A-8223
2. Eadie + Payne First Amendment to Agreement A-8223
3. Eadie + Payne Second Amendment to Agreement A-8223
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197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
Agreement No. A-8223
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 16 day of April, 2024 by and between the City of Oxnard, a municipal corporation (“City”), and Eadie + Payne, LLP. (“Consultant”). This Second Amendment amends the Agreement entered into on May 19, 2020, by City and Consultant. The Agreement previously has been amended on December 19, 2023, by a First Amendment
City and Consultant agree as follows:
1. Section 6 of the Cover Page Agreement is amended as follows:
a) The figure “$1,095,100” is replaced by the figure “$1,157,800”
2. The “Rates and Costs Exhibit” is amended to include the Additional Fees Exhibit. The Additional Fees Exhibit is attached hereto and incorporated herein by this reference into the Agreement.
3. The Parties agree that this Agreement may be transmitted and signed electronic signature by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section
16.5 and Civil Code Section 1633.7.
4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
222
Agreement No. A-8223
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD EADIE + PAYNE, LLP
John Zaragoza, Mayor Date Eden Casareno, Partner Date
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
223
Agreement No. A-8223
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
ADDITIONAL FEES EXHIBIT
Additional fees for audit services for the fiscal year audit ending in June 30, 2023 and June 30, 2024 • Use of single audit contingency fee of $10,000 per. major federal program, after fist two major programs, will require CFO approval prior to commencement of work.
FY 2022/23 FY 2023/24
Item
No. Description Requested
Additional Fee
Requested
Additional Fee
1 Single Audit (5 selected major
programs) 32,700 30,000*
Total 32,700 30,000 62,700
224
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.1
DATE: April 16, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Adoption of Ordinance No. 3043 Establishing New Solid Waste Rates and Fees. (20 minutes)
RECOMMENDATION
That the City Council:
1. Adopt Ordinance No. 3043 entitled "Ordinance of the City Council of the City of Oxnard to Establish New Solid Waste Rates and Fees for Customer Use and Service from the City’s Environmental Resources Division;" and
2. Find that CEQA does not apply to this ordinance pursuant to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in Title 14 California Code of Regulations section 15273.
(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on March 19, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/f2O3IUwC27g
BACKGROUND
The City’s Public Works Department Environmental Resources Division (ER) is an enterprise fund operation that provides Municipal Solid Waste (MSW) services to Oxnard residents and businesses, which includes collection, sorting, processing, and disposal for approximately 34,000 residential properties and 5,000 commercial customers (includes apartment buildings) operating six days a week. Services include collecting, sorting, transporting, and transferring material to landfills to foster a clean, safe, and sustainable Oxnard. To provide these services while meeting all Local, State, and Federal requirements, ER:
• Recycles approximately 24,900 tons of material and 22,000 tons of organics (green waste & food waste); • Customers generate approximately 295,000 tons (590,000,000 lbs) of MSW annually; • Has a workforce of 179 essential workers fulfilling 529,443 hours per year; and • Has invested approximately $60 million in capital equipment, facilities, and land including the Del Norte Regional Recycling and Transfer Station and approximately 138 vehicles (109 heavy-duty trucks & 29 small vehicles)
In August 2022, the City authorized Raftelis, the City’s Consultant, to perform a solid waste cost of service analysis and rate study to develop the cost of service-based solid waste rates. Raftelis is recognized as a leading rate consultant in California and works with utilities to design solid waste rates to achieve financial balance and maintain financial sustainability.
Following industry best practices, rates are intended to cover service costs, establish adequate reserves, and necessitate a 225
cost-of-service study every 3-5 years. This study is crucial for evaluating operational effectiveness, confirming the sufficiency of existing rates, and charting a sustainable financial path for solid waste operations. The last Environmental Resources (ER) Study took place in 2012 and was implemented in 2013. Given changes in the solid waste industry and the evolving landscape over the past decade, it's imperative to adapt to rising costs, unfunded State mandates, and the implementation of essential capital projects vital for customer health and safety.
Based upon the Fiscal Year 2023/24 cost-of-service study, the ER division expenditures are anticipated to materially outpace revenues resulting in a negative ending cash balance no later than Fiscal Year 2024/25 without any rate increases.
The combination of minimal rate increases, unfunded State mandates, elevated inflation, and the need for significant capital investment to replace and rehabilitate assets is expected to result in a growing structural deficit.
Dependable and efficient solid waste services play a crucial role in safeguarding public health, safety, and the overall welfare of the community. As previously mentioned, without a rate adjustment, the cost-of-service study anticipates negative cash balances by Fiscal Year 2024/25. Staff has presented initial rate increase scenarios for deliberation and consideration. Each scenario considered variations in key assumptions, including the timing and level of rate revenue adjustments, capital spending, and proposed debt issuances. In alignment with the City staff's guidance, various sensitivity analyses were conducted, exploring potential impacts such as no rate adjustment or no capital spending, among other factors.
DISCUSSION
Prior to the City adjusting any property-related fees, such as solid waste rates, the City must comply with Proposition 218. Early February 2024, the City mailed out 55,100 Public Notices, as required by Proposition 218, to all property owners that receive solid waste utility services and all solid waste utility customers. The Public Notice provided information on the City’s proposed solid waste rate and fee increases, the proposed impact to solid waste customer utility bills, the date of the Public Hearing on the proposed rate increases, as well as information on how to protest the rate adjustments along with a protest form and instructions on how to complete the form. State law required the City to mail the Public Notice at least 45 days prior to the Public Hearing.
The Public Hearing on the proposed solid waste rate increases was held on March 19, 2024, at the Oxnard City Council Chambers. The City Council conducted a public hearing in which the Council Members received public testimony and written public comments regarding the proposed solid waste rate adjustments. Council members responded to questions from the public and asked questions to City Staff regarding the proposed rates. The Council members considered all information presented on whether to approve or deny the new rates.
After all comments from the public were received at the hearing, the Mayor on Motion closed the public hearing. After the close of the public hearing the City Clerk counted the solid waste rate protests in view of the public in attendance at the hearing. The City Clerk announced that 810 protests had been counted and there were not enough protests received to validate the protests. A majority protest was not achieved.
The City Council voted to take the recommended action which included conducting a public hearing, introducing and waiving further reading of a proposed ordinance to increase solid waste rates and make a finding that CEQA does not apply to the ordinance. The City Council voted 6-0 with one absence in favor of introducing the proposed solid waste rate ordinance.
If adopted, this ordinance will result in adjusted solid waste rates and fees for customers beginning July 1, 2024, and continuing through Fiscal Year 2028/29. The new solid waste rates will provide the revenue requirements necessary to adequately operate the City’s ER Division and maintain the financial health of the enterprise fund.
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
226
The passage of the solid waste rate increase is taking the necessary steps to improve financial performance. To strengthen the solid waste system’s financial standing, rates must be increased. As noted above, to provide revenue that will meet sustainable critical operations and maintenance, and fund capital expenditures.
COMMITTEE OUTCOME
This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on March 19, 2024.
Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager
ATTACHMENTS
1. Ordinance For Solid Waste Rates and Fees
2. Presentation
227
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
TO ESTABLISH NEW SOLID WASTE RATES AND FEES FOR
CUSTOMER USE AND SERVICE FROM THE CITY’S
ENVIRONMENTAL RESOURCES DIVISION
WHEREAS, solid waste rates and fees have been set forth and implemented through an uncodified ordinance, specifically Ordinance No. 2861, effective October 18, 2012; and WHEREAS, the City desires to codify solid waste rates and fees by creating a new Division in Chapter 19 of the Oxnard City Code and require that the City Council establish by ordinance the rates charged for all solid waste services supplied by the City; and WHEREAS, the Environmental Resources Division of the Public Works Department operates as a self-supporting enterprise fund that depends upon revenues derived from solid waste services to City customers; and
WHEREAS, on the 18th of October 2012, the City Council adopted uncodified City Ordinance No. 2861, establishing the current rates and charges applicable to City solid waste service customers; and
WHEREAS, Ordinance No. 2861 contains certain non-property related fees that will be codified in this current ordinance without an associated increase to those fees; and WHEREAS, the City's Public Works Department completed a Cost of Services Study, dated January 24, 2024 (Rate Study). The Rate Study assesses the Environmental Resources Division’s operation, maintenance, repair, replacement, and capital improvement program budgets and requirements, through a cost of service analysis and report, which collectively are incorporated into the recommended rates and fees provided in this ordinance, so that the proportional cost of providing solid waste service to the City's customers are allocated appropriately and in conformity with all applicable legal requirements. The Cost of Service Report and all the studies, plans and documents relied upon and incorporated in the Report provide the basis for the rates, charges and fees set forth herein; and
WHEREAS, the City’s solid waste services includes but is not limited to refuse, recycle and green / organics waste service types to residential, commercial and industrial customers within City limits; and
WHEREAS The proposed rates and certain fees displayed as effective beginning July 1, 2024, show the authorized rates applicable July 1, 2024 and continuing through June 30, 2029; and WHEREAS, Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines provide that CEQA does not apply to the establishment or modification of public agency rates and other charges which the public agency finds are intended for certain purposes.
228
Ordinance No.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD
DOES HEREBY FIND AS FOLLOWS:
1. CEQA does not apply to this ordinance because this ordinance establishes, modifies, structures and restructures the City's rates and other charges for the following purposes:
a. Meeting the environmental resources utility's operating expenses, including employee wages and fringe benefits;
b. Purchasing or leasing supplies, equipment, and materials; c. Meeting the Environmental Resources Fund's financial reserve needs and requirements; and
d. Obtaining funds for capital projects necessary to maintain solid waste / refuse service within the existing service areas.
2. The basis for the foregoing claim of exemption is found in the Rate Study.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance.
Part 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Parts 3 through 6 of this Ordinance to Chapter 19, Article II as set forth below.
Part 3. Article II of Chapter 19 of the Oxnard City Code is hereby amended to add “DIVISION
7. RATES AND FEES.”
Part 4. SEC. 19-202 is added to the new Division 7 of Article II of Chapter 19 and is titled as follows:
“SEC. 19-202. SOLID WASTE RATES AND FEES.”
(A) The rates charged for all recurring property related solid waste services provided by the city shall be established by ordinance of the city council. Each customer receiving solid waste service is liable for payment for such service at the scheduled rates established herein. (B) The fees charged for special collection services provided by the city shall be established by ordinance or resolution and shall be incorporated into the city’s master fee schedule. Each customer that requests special collection services is liable for payment for such service at the stated fee(s) as established herein, or by resolution, and as listed on the master fee schedule. 229
Ordinance No.
(C) The City Manager or designee may adopt administrative regulations for solid waste services provided pursuant to this division and for purposes of ensuring City wide compliance with State and CalRecycle requirements.
(D) Customer bills for solid waste services subject to this Division shall be computed on a monthly basis according to the rates then in effect, the level of service and frequency of service, and any one-time fees for additional requested services. Customer billings are also subject to sections 19-182 through 19-185 in Division 3 of this Article.
Part 5. SEC. 19-202 is added to the new Division 7 of Article II of Chapter 19 and is titled as follows:
“SEC. 19-203. MONTHLY SOLID WASTE RATES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS.”
The Rates for solid waste services shall be established by ordinance and the rates provided by the City are established and effective during the dates indicated, as follows:
(A) RESIDENTIAL MINIMUM SERVICE REQUIREMENTS. Single Family Dwellings, Single Family Dwellings with less than three units, and Mobile Homes shall each receive a 96-gallon refuse container, a 96 gallon recycle container, and a 96 gallon green / organics waste container that will be serviced once a week. The minimum service requirements for residential and mobile home type dwellings listed herein shall be a 64-gallon refuse container, a 96 gallon recycle container, and a 96 gallon green / organics waste container that will be serviced once a week. Each residential service includes one curbside bulky item collection (up to five household items) per year at no additional charge. (1) MONTHLY RESIDENTIAL RATES FOR SOLID WASTE, RECYCLING, ORGANICS / GREEN WASTE 3-CART SERVICE.
Service
Type
Frequency Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
3 Cart
Service/
64-gallon
1x week $39.33 $43.23 $45.48 $46.83 $47.12
3 Cart
Service/
96-gallon
1x week $47.41 $52.11 $54.83 $56.46 $56.89
Extra 96
Gallons
1x week $24.45 $26.88 $28.28 $29.13 $29.41
230
Ordinance No.
Cart
Service
(2) MONTHLY RESIDENTIAL MOBILE HOME RATES FOR SOLID WASTE, RECYCLING, ORGANICS / GREEN WASTE 3-CART SERVICE.
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
3 Cart
Service/
64-gallon
1x/week $36.06 $39.63 $41.69 $42.93 $43.16
3 Cart
Service/
96-gallon
1x/week $43.45 $47.76 $50.25 $51.74 $52.10
Extra 96
Gallons
Cart
Service
1x/week $22.41 $24.63 $25.92 $26.70 $26.96
(B) MULTI-FAMILY RESIDENTIAL AND COMMERCIAL MINIMUM SERVICE REQUIREMENTS. All multi-family residential properties are required to have refuse, recycle, green and organics waste service on a weekly basis with a bin size appropriate for the property based on the services and rates stated in the subsections below. (1) MONTHLY SOLID WASTE SERVICE RATES FOR MULTI-FAMILY
RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 cu yd bin 1x/week $57.69 $63.44 $66.77 $68.77 $69.67
231
Ordinance No.
1 cu yd bin 2x/week $115.20 $126.71 $133.36 $137.35 $139.22 1 cu yd bin 3x/week $172.72 $189.98 $199.95 $205.94 $208.76 1 cu yd bin 4x/week $230.24 $253.25 $266.54 $274.53 $278.31 1 cu yd bin 5x/week $287.75 $316.52 $333.13 $343.12 $347.86 1 cu yd bin 6x/week $345.27 $379.78 $399.72 $411.70 $417.41 1 cu yd-
shared
1x/week $28.84 $31.72 $33.38 $34.38 $34.83
1 cu yd-
shared
2x/week $57.60 $63.36 $66.68 $68.68 $69.61
1 cu yd-
shared
3x/week $86.36 $94.99 $99.97 $102.97 $104.38
1 cu yd-
shared
4x/week $115.12 $126.62 $133.27 $137.26 $139.16
1 cu yd-
shared
5x/week $143.88 $158.26 $166.56 $171.56 $173.93
1 cu yd-
shared
6x/week $172.63 $189.89 $199.86 $205.85 $208.70
1 cu yd-
compactor
1x/week $83.23 $91.54 $96.34 $99.23 $100.56
1 cu yd-
compactor
2x/week $166.29 $182.91 $192.51 $198.28 $200.99
1 cu yd-
compactor
3x/week $249.35 $274.28 $288.67 $297.33 $301.43
232
Ordinance No.
1 cu yd-
compactor
4x/week $332.41 $365.64 $384.83 $396.37 $401.86
1 cu yd-
compactor
5x/week $415.48 $457.01 $481.00 $495.42 $502.30
1 cu yd-
compactor
6x/week $498.54 $548.38 $577.16 $594.47 $602.73
2 cu yd 1x/week $115.25 $126.77 $133.41 $137.41 $139.22 2 cu yd 2x/week $230.29 $253.30 $266.59 $274.59 $278.31 2 cu yd 3x/week $345.32 $379.84 $399.77 $411.76 $417.41 2 cu yd 4x/week $460.35 $506.37 $532.95 $548.94 $556.50 2 cu yd 5x/week $575.38 $632.91 $666.13 $686.11 $695.60 2 cu yd 6x/week $690.42 $759.45 $799.31 $823.29 $834.69 2 cu yd-
shared
1x/week $57.63 $63.38 $66.71 $68.71 $69.61
2 cu yd-
shared
2x/week $115.14 $126.65 $133.30 $137.29 $139.16
2 cu yd-
shared
3x/week $172.66 $189.92 $199.89 $205.88 $208.70
2 cu yd-
shared
4x/week $230.18 $253.19 $266.48 $274.47 $278.25
2 cu yd-
shared
5x/week $287.69 $316.46 $333.07 $343.06 $347.80
233
Ordinance No.
2 cu yd-
shared
6x/week $345.21 $379.72 $399.66 $411.64 $417.35
2 cu yd-
compactor
1x/week $166.34 $182.96 $192.56 $198.34 $200.99
2 cu yd-
compactor
2x/week $332.46 $365.70 $384.89 $396.43 $401.86
2 cu yd-
compactor
3x/week $498.59 $548.43 $577.22 $594.53 $602.73
2 cu yd-
compactor
4x/week $664.71 $731.17 $769.55 $792.63 $803.61
2 cu yd-
compactor
5x/week $830.83 $913.90 $961.88 $990.73 $1,004.48
2 cu yd-
compactor
6x/week $996.95 $1,096.64 $1,154.20 $1,188.83 $1,205.35 3 cu yd 1x/week $172.82 $190.09 $200.06 $206.06 $208.76 3 cu yd 2x/week $345.37 $379.89 $399.83 $411.82 $417.41 3 cu yd 3x/week $517.92 $569.70 $599.60 $617.58 $626.05 3 cu yd 4x/week $690.47 $759.50 $799.37 $823.35 $834.69 3 cu yd 5x/week $863.02 $949.31 $999.14 $1,029.11 $1,043.33 3 cu yd 6x/week $1,035.57 $1,139.11 $1,198.91 $1,234.87 $1,251.98 234
Ordinance No.
3 cu yd-
shared
1x/week $86.41 $95.04 $100.03 $103.03 $104.38
3 cu yd-
shared
2x/week $172.68 $189.95 $199.92 $205.91 $208.70
3 cu yd-
shared
3x/week $258.96 $284.85 $299.80 $308.79 $313.02
3 cu yd-
shared
4x/week $345.23 $379.75 $399.68 $411.67 $417.35
3 cu yd-
shared
5x/week $431.51 $474.65 $499.57 $514.55 $521.67
3 cu yd-
shared
6x/week $517.78 $569.56 $599.45 $617.44 $625.99
3 cu yd-
compactor
1x/week $249.45 $274.39 $288.78 $297.44 $301.43
3 cu yd-
compactor
2x/week $498.64 $548.49 $577.28 $594.59 $602.73
3 cu yd-
compactor
3x/week $747.82 $822.59 $865.77 $891.74 $904.04
3 cu yd-
compactor
4x/week $997.00 $1,096.69 $1,154.26 $1,188.88 $1,205.35 3 cu yd-
compactor
5x/week $1,246.19 $1,370.79 $1,442.75 $1,486.03 $1,506.65 3 cu yd-
compactor
6x/week $1,495.37 $1,644.89 $1,731.24 $1,783.18 $1,807.96 235
Ordinance No.
4 cu yd 1x/week $230.29 $253.30 $266.59 $274.59 $278.31 4 cu yd 2x/week $460.35 $506.37 $532.95 $548.94 $556.50 4 cu yd 3x/week $690.42 $759.45 $799.31 $823.29 $834.69 4 cu yd 4x/week $920.48 $1,012.52 $1,065.67 $1,097.64 $1,112.88 4 cu yd 5x/week $1,150.55 $1,265.59 $1,332.03 $1,371.99 $1,391.07 4 cu yd 6x/week $1,380.62 $1,518.66 $1,598.39 $1,646.34 $1,669.26 4 cu yd-
shared
1x/week $115.14 $126.65 $133.30 $137.29 $139.16
4 cu yd-
shared
2x/week $230.18 $253.19 $266.48 $274.47 $278.25
4 cu yd-
shared
3x/week $345.21 $379.72 $399.66 $411.64 $417.35
4 cu yd-
shared
4x/week $460.24 $506.26 $532.84 $548.82 $556.44
4 cu yd-
shared
5x/week $575.27 $632.80 $666.01 $685.99 $695.54
4 cu yd-
shared
6x/week $690.31 $759.33 $799.19 $823.17 $834.63
4 cu yd-
compactor
1x/week $332.46 $365.70 $384.89 $396.43 $401.86
4 cu yd-
compactor
2x/week $664.71 $731.17 $769.55 $792.63 $803.61
236
Ordinance No.
4 cu yd-
compactor
3x/week $996.95 $1,096.64 $1,154.20 $1,188.83 $1,205.35 4 cu yd-
compactor
4x/week $1,329.20 $1,462.11 $1,538.86 $1,585.02 $1,607.09 4 cu yd-
compactor
5x/week $1,661.44 $1,827.57 $1,923.52 $1,981.22 $2,008.83 4 cu yd-
compactor
6x/week $1,993.69 $2,193.04 $2,308.17 $2,377.41 $2,410.58 (2) MONTHLY RECYCLE SERVICE RATES FOR MULTI-FAMILY RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 cu yd bin 1x/week $27.28 $30.00 $31.57 $32.51 $32.90
1 cu yd bin 2x/week $54.39 $59.82 $62.95 $64.84 $65.69
1 cu yd bin 3x/week $81.51 $89.64 $94.34 $97.17 $98.47
1 cu yd bin 4x/week $108.62 $119.47 $125.73 $129.50 $131.25 1 cu yd bin 5x/week $135.73 $149.29 $157.12 $161.83 $164.04 1 cu yd bin 6x/week $162.84 $179.11 $188.51 $194.16 $196.82 1 cu yd-
shared
1x/week $13.64 $15.00 $15.78 $16.25 $16.45
237
Ordinance No.
1 cu yd-
shared
2x/week $27.20 $29.91 $31.48 $32.42 $32.84
1 cu yd-
shared
3x/week $40.75 $44.82 $47.17 $48.59 $49.23
1 cu yd-
shared
4x/week $54.31 $59.73 $62.87 $64.75 $65.63
1 cu yd-
shared
5x/week $67.86 $74.64 $78.56 $80.92 $82.02
1 cu yd-
shared
6x/week $81.42 $89.56 $94.26 $97.08 $98.41
1 cu yd-
compactor
1x/week $31.33 $34.45 $36.25 $37.33 $37.80
1 cu yd-
compactor
2x/week $62.49 $68.72 $72.32 $74.49 $75.47
1 cu yd-
compactor
3x/week $93.64 $103.00 $108.40 $111.65 $113.15
1 cu yd-
compactor
4x/week $124.80 $137.27 $144.47 $148.80 $150.82
1 cu yd-
compactor
5x/week $155.96 $171.54 $180.54 $185.96 $188.50
1 cu yd-
compactor
6x/week $187.12 $205.82 $216.62 $223.11 $226.17
2 cu yd 1x/week $54.44 $59.88 $63.01 $64.90 $65.69
2 cu yd 2x/week $108.67 $119.52 $125.79 $129.56 $131.25 238
Ordinance No.
2 cu yd 3x/week $162.89 $179.17 $188.57 $194.22 $196.82 2 cu yd 4x/week $217.11 $238.81 $251.34 $258.88 $262.38 2 cu yd 5x/week $271.34 $298.46 $314.12 $323.54 $327.95 2 cu yd 6x/week $325.56 $358.11 $376.90 $388.20 $393.52 2 cu yd-
shared
1x/week $27.22 $29.94 $31.51 $32.45 $32.84
2 cu yd-
shared
2x/week $54.33 $59.76 $62.89 $64.78 $65.63
2 cu yd-
shared
3x/week $81.45 $89.58 $94.28 $97.11 $98.41
2 cu yd-
shared
4x/week $108.56 $119.41 $125.67 $129.44 $131.19
2 cu yd-
shared
5x/week $135.67 $149.23 $157.06 $161.77 $163.98
2 cu yd-
shared
6x/week $162.78 $179.05 $188.45 $194.10 $196.76
2 cu yd-
compactor
1x/week $62.54 $68.78 $72.38 $74.55 $75.47
2 cu yd-
compactor
2x/week $124.85 $137.32 $144.53 $148.86 $150.82
2 cu yd-
compactor
3x/week $187.17 $205.87 $216.67 $223.17 $226.17
239
Ordinance No.
2 cu yd-
compactor
4x/week $249.48 $274.42 $288.82 $297.48 $301.53
2 cu yd-
compactor
5x/week $311.80 $342.97 $360.97 $371.79 $376.88
2 cu yd-
compactor
6x/week $374.12 $411.52 $433.11 $446.10 $452.23
3 cu yd 1x/week $81.60 $89.75 $94.46 $97.29 $98.47
3 cu yd 2x/week $162.94 $179.22 $188.62 $194.28 $196.82 3 cu yd 3x/week $244.28 $268.69 $282.79 $291.27 $295.17 3 cu yd 4x/week $325.61 $358.16 $376.96 $388.26 $393.52 3 cu yd 5x/week $406.95 $447.63 $471.12 $485.25 $491.87 3 cu yd 6x/week $488.28 $537.10 $565.29 $582.25 $590.21 3 cu yd-
shared
1x/week $40.80 $44.88 $47.23 $48.64 $49.23
3 cu yd-
shared
2x/week $81.47 $89.61 $94.31 $97.14 $98.41
3 cu yd-
shared
3x/week $122.14 $134.35 $141.40 $145.64 $147.58
3 cu yd-
shared
4x/week $162.81 $179.08 $188.48 $194.13 $196.76
3 cu yd-
shared
5x/week $203.47 $223.81 $235.56 $242.63 $245.93
240
Ordinance No.
3 cu yd-
shared
6x/week $244.14 $268.55 $282.65 $291.12 $295.11
3 cu yd-
compactor
1x/week $93.74 $103.11 $108.51 $111.76 $113.15
3 cu yd-
compactor
2x/week $187.22 $205.93 $216.73 $223.23 $226.17
3 cu yd-
compactor
3x/week $280.69 $308.75 $324.95 $334.70 $339.20
3 cu yd-
compactor
4x/week $374.17 $411.57 $433.17 $446.16 $452.23
3 cu yd-
compactor
5x/week $467.64 $514.39 $541.39 $557.63 $565.26
3 cu yd-
compactor
6x/week $561.11 $617.21 $649.61 $669.10 $678.28
4 cu yd 1x/week $108.67 $119.52 $125.79 $129.56 $131.25 4 cu yd 2x/week $217.11 $238.81 $251.34 $258.88 $262.38 4 cu yd 3x/week $325.56 $358.11 $376.90 $388.20 $393.52 4 cu yd 4x/week $434.01 $477.40 $502.46 $517.53 $524.65 4 cu yd 5x/week $542.46 $596.69 $628.01 $646.85 $655.78 4 cu yd 6x/week $650.90 $715.98 $753.57 $776.17 $786.91 241
Ordinance No.
4 cu yd-
shared
1x/week $54.33 $59.76 $62.89 $64.78 $65.63
4 cu yd-
shared
2x/week $108.56 $119.41 $125.67 $129.44 $131.19
4 cu yd-
shared
3x/week $162.78 $179.05 $188.45 $194.10 $196.76
4 cu yd-
shared
4x/week $217.00 $238.70 $251.23 $258.76 $262.32
4 cu yd-
shared
5x/week $271.23 $298.35 $314.01 $323.42 $327.89
4 cu yd-
shared
6x/week $325.45 $357.99 $376.78 $388.08 $393.46
4 cu yd-
compactor
1x/week $124.85 $137.32 $144.53 $148.86 $150.82
4 cu yd-
compactor
2x/week $249.48 $274.42 $288.82 $297.48 $301.53
4 cu yd-
compactor
3x/week $374.12 $411.52 $433.11 $446.10 $452.23
4 cu yd-
compactor
4x/week $498.75 $548.61 $577.41 $594.73 $602.93
4 cu yd-
compactor
5x/week $623.38 $685.71 $721.70 $743.35 $753.63
4 cu yd-
compactor
6x/week $748.01 $822.80 $865.99 $891.97 $904.34
242
Ordinance No.
(3) MONTHLY GREENWASTE SERVICE RATES FOR MULTI-FAMILY
RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 cu yd bin 1x/week $29.69 $32.64 $34.35 $35.38 $35.81
1 cu yd bin 2x/week $59.21 $65.11 $68.53 $70.58 $71.50
1 cu yd bin 3x/week $88.72 $97.58 $102.70 $105.78 $107.20 1 cu yd bin 4x/week $118.24 $130.05 $136.88 $140.98 $142.89 1 cu yd bin 5x/week $147.76 $162.52 $171.05 $176.18 $178.58 1 cu yd bin 6x/week $177.28 $194.99 $205.22 $211.38 $214.27 1 cu yd-
shared
1x/week $14.84 $16.32 $17.18 $17.69 $17.91
1 cu yd-
shared
2x/week $29.60 $32.56 $34.26 $35.29 $35.75
1 cu yd-
shared
3x/week $44.36 $48.79 $51.35 $52.89 $53.60
1 cu yd-
shared
4x/week $59.12 $65.03 $68.44 $70.49 $71.44
1 cu yd-
shared
5x/week $73.88 $81.26 $85.52 $88.09 $89.29
1 cu yd-
shared
6x/week $88.64 $97.50 $102.61 $105.69 $107.14
243
Ordinance No.
1 cu yd-
compactor
1x/week $36.14 $39.74 $41.82 $43.07 $43.61
1 cu yd-
compactor
2x/week $72.11 $79.31 $83.47 $85.97 $87.11
1 cu yd-
compactor
3x/week $108.08 $118.88 $125.11 $128.86 $130.60
1 cu yd-
compactor
4x/week $144.05 $158.44 $166.76 $171.76 $174.10
1 cu yd-
compactor
5x/week $180.02 $198.01 $208.40 $214.65 $217.59
1 cu yd-
compactor
6x/week $215.99 $237.58 $250.05 $257.54 $261.09
2 cu yd 1x/week $59.26 $65.17 $68.58 $70.64 $71.50
2 cu yd 2x/week $118.29 $130.11 $136.93 $141.04 $142.89 2 cu yd 3x/week $177.33 $195.05 $205.28 $211.44 $214.27 2 cu yd 4x/week $236.36 $259.99 $273.63 $281.84 $285.66 2 cu yd 5x/week $295.40 $324.93 $341.98 $352.24 $357.04 2 cu yd 6x/week $354.44 $389.87 $410.33 $422.63 $428.43 2 cu yd-
shared
1x/week $29.63 $32.58 $34.29 $35.32 $35.75
244
Ordinance No.
2 cu yd-
shared
2x/week $59.15 $65.05 $68.47 $70.52 $71.44
2 cu yd-
shared
3x/week $88.66 $97.52 $102.64 $105.72 $107.14
2 cu yd-
shared
4x/week $118.18 $129.99 $136.82 $140.92 $142.83
2 cu yd-
shared
5x/week $147.70 $162.46 $170.99 $176.12 $178.52
2 cu yd-
shared
6x/week $177.22 $194.93 $205.16 $211.32 $214.21
2 cu yd-
compactor
1x/week $72.16 $79.36 $83.52 $86.03 $87.11
2 cu yd-
compactor
2x/week $144.10 $158.50 $166.81 $171.81 $174.10
2 cu yd-
compactor
3x/week $216.04 $237.63 $250.10 $257.60 $261.09
2 cu yd-
compactor
4x/week $287.98 $316.77 $333.39 $343.39 $348.08
2 cu yd-
compactor
5x/week $359.92 $395.90 $416.68 $429.18 $435.07
2 cu yd-
compactor
6x/week $431.86 $475.04 $499.97 $514.97 $522.05
3 cu yd 1x/week $88.82 $97.69 $102.82 $105.90 $107.20
3 cu yd 2x/week $177.38 $195.10 $205.34 $211.50 $214.27 245
Ordinance No.
3 cu yd 3x/week $265.93 $292.51 $307.86 $317.09 $321.35 3 cu yd 4x/week $354.48 $389.92 $410.39 $422.69 $428.43 3 cu yd 5x/week $443.04 $487.33 $512.91 $528.29 $535.51 3 cu yd 6x/week $531.59 $584.74 $615.43 $633.89 $642.58 3 cu yd-
shared
1x/week $44.41 $48.85 $51.41 $52.95 $53.60
3 cu yd-
shared
2x/week $88.69 $97.55 $102.67 $105.75 $107.14
3 cu yd-
shared
3x/week $132.97 $146.26 $153.93 $158.55 $160.68
3 cu yd-
shared
4x/week $177.24 $194.96 $205.19 $211.35 $214.21
3 cu yd-
shared
5x/week $221.52 $243.67 $256.45 $264.15 $267.75
3 cu yd-
shared
6x/week $265.80 $292.37 $307.72 $316.95 $321.29
3 cu yd-
compactor
1x/week $108.18 $118.99 $125.23 $128.98 $130.60
3 cu yd-
compactor
2x/week $216.09 $237.69 $250.16 $257.66 $261.09
3 cu yd-
compactor
3x/week $324.00 $356.39 $375.09 $386.34 $391.57
246
Ordinance No.
3 cu yd-
compactor
4x/week $431.91 $475.09 $500.03 $515.03 $522.05
3 cu yd-
compactor
5x/week $539.82 $593.80 $624.96 $643.71 $652.54
3 cu yd-
compactor
6x/week $647.74 $712.50 $749.90 $772.39 $783.02
4 cu yd 1x/week $118.29 $130.11 $136.93 $141.04 $142.89 4 cu yd 2x/week $236.36 $259.99 $273.63 $281.84 $285.66 4 cu yd 3x/week $354.44 $389.87 $410.33 $422.63 $428.43 4 cu yd 4x/week $472.51 $519.75 $547.03 $563.43 $571.20 4 cu yd 5x/week $590.58 $649.63 $683.72 $704.23 $713.97 4 cu yd 6x/week $708.65 $779.50 $820.42 $845.03 $856.74 4 cu yd-
shared
1x/week $59.15 $65.05 $68.47 $70.52 $71.44
4 cu yd-
shared
2x/week $118.18 $129.99 $136.82 $140.92 $142.83
4 cu yd-
shared
3x/week $177.22 $194.93 $205.16 $211.32 $214.21
4 cu yd-
shared
4x/week $236.25 $259.87 $273.51 $281.72 $285.60
4 cu yd-
shared
5x/week $295.29 $324.81 $341.86 $352.12 $356.98
247
Ordinance No.
4 cu yd-
shared
6x/week $354.33 $389.75 $410.21 $422.52 $428.37
4 cu yd-
compactor
1x/week $144.10 $158.50 $166.81 $171.81 $174.10
4 cu yd-
compactor
2x/week $287.98 $316.77 $333.39 $343.39 $348.08
4 cu yd-
compactor
3x/week $431.86 $475.04 $499.97 $514.97 $522.05
4 cu yd-
compactor
4x/week $575.75 $633.31 $666.55 $686.54 $696.03
4 cu yd-
compactor
5x/week $719.63 $791.58 $833.13 $858.12 $870.01
4 cu yd-
compactor
6x/week $863.51 $949.85 $999.71 $1,029.70 $1,043.99
(4) MONTHLY ORGANIC SERVICE RATES FOR MULTI-FAMILY RESIDENTIAL (MFR) OVER 4 UNITS AND COMMERCIAL SERVICE BY FREQUENCY AND CONTAINER SIZE (IN CUBIC YARDS).
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
64 gallon 3x/week $79.01 $86.90 $91.45 $94.19 $95.39
1 cu yd 1x/week $83.11 $91.40 $96.20 $99.08 $100.34
2 cu yd 1x/week $166.09 $182.69 $192.27 $198.04 $200.56 3 cu yd 1x/week $249.08 $273.97 $288.35 $297.00 $300.77 248
Ordinance No.
4 cu yd 1x/week $332.06 $365.26 $384.43 $395.96 $400.99 (C) MONTHLY SOLID WASTE SERVICE RATES FOR 1X/ WEEK COMMERCIAL CART SERVICE BY QUANTITY OF CARTS.
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 96-gallon
cart
1x/week $36.51 $40.15 $42.26 $43.52 $44.01
2 96-gallon
cart
1x/week $73.03 $80.31 $84.51 $87.04 $88.01
3 96-gallon
cart
1x/week $109.54 $120.46 $126.77 $130.56 $132.02
4 96-gallon
cart
1x/week $146.06 $160.61 $169.02 $174.08 $176.03
5 96-gallon
cart
1x/week $182.57 $200.77 $211.28 $217.60 $220.04
6 96-gallon
cart
1x/week $219.09 $240.92 $253.53 $261.12 $264.04
(1) This rate is in effect for existing commercial customers receiving this service type. This service type will not be offered for new commercial accounts as of July 1, 2024. (D) MONTHLY RECYCLED AND GREENWASTE/ORGANICS SERVICE RATES FOR 1X/ WEEK COMMERCIAL CART SERVICE.
Service
Type
Frequency
of pick up
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
1 96-gallon
cart
1x/week $21.41 $21.41 $21.41 $21.41 $21.41
249
Ordinance No.
(1) This rate has been effective since September 1, 2021, and is for existing commercial customers receiving this service type. This service type will not be offered for new commercial accounts as of July 1, 2024.
(E) SERVICE PULL RATES FOR INDUSTRIAL COLLECTION.
Service Type Effective
July 1,
2024
July 1,
2025
July 1, 2026 July 1, 2027 July 1, 2028
Up to 10-cu yd Roll
Off Bin (max 10 tons) $269.43 $296.38 $311.94 $321.30 $325.79 Up to 13.4 cu yd Roll
Off Bin (max 10 tons) $269.43 $296.38 $311.94 $321.30 $325.79 Up to 20 cu yd Roll
Off Bin $269.43 $296.38 $311.94 $321.30 $325.79
Up to 20 cu yd
Compactor
$269.43 $296.38 $311.94 $321.30 $325.79
Up to 30 cu yd Roll
Off Bin $269.43 $296.38 $311.94 $321.30 $325.79
30 cu yd Compactor $269.43 $296.38 $311.94 $321.30 $325.79 40 cu yd Roll Off Bin $269.43 $296.38 $311.94 $321.30 $325.79 40 cu yd Compactor $269.43 $296.38 $311.94 $321.30 $325.79 (F) DAILY AND MONTHLY RENTAL RATES FOR INDUSTRIAL BINS.
Service
Type
Rental
Frequency
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
250
Ordinance No.
10 cu yd
Roll Off
Bin
Monthly /
Daily
$46.45
$1.53
$47.84
$1.57
$49.28
$1.62
$50.76
$1.67
$52.28
$1.72
13.4 cu yd
Roll Off
Bin
Monthly /
Daily
$49.99
$1.64
$51.49
$1.69
$53.03
$1.74
$54.62
$1.80
$56.26
$1.85
20 cu yd
Sealed Roll
Off Bin
Monthly /
Daily
$67.30
$2.21
$69.32
$2.28
$71.40
$2.35
$73.54
$2.42
$75.75
$2.49
30 cu yd
Roll Off
Bin
Monthly /
Daily
$58.05
$1.91
$59.79
$1.97
$61.58
$2.02
$63.43
$2.09
$65.33
$2.15
40 cu yd
Roll Off
Bin
Monthly /
Daily
$66.48
$2.19
$68.47
$2.25
$70.52
$2.32
$72.64
$2.39
$74.82
$2.46
40 cu yd
Sealed Roll
Off Bin
Monthly /
Daily
$87.09
$2.86
$89.70
$2.95
$92.39
$3.04
$95.16
$3.13
$98.01
$3.22
(G) RATES FOR SOLID WASTE WALKING FLOOR TRANSFER TRAILER RATES FOR INDUSTRIAL SERVICE PER PULL/TRANSFER.
Service Type Effective
July 1, 2024
July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028
53-Foot
Walking
Floor Trailer
$384.86 $398.34 $412.28 $426.71 $441.64
Part 6. SEC. 19-204 is added to the new Division 7 of Article II of Chapter 19 and is titled as follows:
SEC. 19-204. SPECIAL COLLECTION SERVICES AND FEES
251
Ordinance No.
The following fees for special, non-property related solid waste services provided by the City are established and effective during the dates indicated, as follows:
(A) TIPPING FEES FOR INDUSTRIAL SERVICE PER TON OF WEIGHED MATERIAL AND SECURITYAND CONTAMINATION PREVENTION FEE.
Service Type Waste Type Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Del Norte Tip
Fee (Per Ton)
Solid Waste $93.88 $103.27 $108.69 $111.95 $113.52
Del Norte Tip
Fee (Per Ton)
Comingled
Recycling
$44.26 $48.68 $51.24 $52.77 $53.51
Del Norte Tip
Fee (Per Ton)
Green
Waste
$105.53 $116.08 $122.18 $125.84 $127.61
Del Norte Tip
Fee (Per Ton)
Organics $171.95 $189.14 $199.08 $205.05 $207.92
Walking Floor
Transfer
Trailer Tip
Fee (Per Ton)
Solid Waste $34.63 $35.67 $36.74 $37.84 $38.98
Landfill
disposal Cost
(Del Norte
Facility Tip
Fee)
Construction
&
Demolition
Materials
and
associated
Waste
$130.98 $131.78 $139.92 $143.48 $147.13
Del Norte Tip
Fee
Tires $272.00 $280.16 $288.56 $297.22 $306.14
Security and
Contamination
Prevention
Fee (Monthly,
All $0.12 $0.12 $0.12 $0.12 $0.12
252
Ordinance No.
Per
Bin/Container)
(1) Tipping Fees for the above categories of waste shall be charged on a pro rata basis to be determined by the weight of the waste type beginning at one half ton and up. (a) All waste disposed of pursuant to this subparagraph is designated as an industrial service due to the tonnage weight of waste being disposed of at the Del Norte Facility. (b) The Walking Floor Transfer Trailer Tip Fee is limited to industrial customers receiving direct haul service to the Simi Landfill from the Customers Property. (c) The security and contamination prevention fee is charged to all customers per container/bin per month. This fee is not applicable to residential and mobile home customers. (2) Minimum Gate Fee. There shall be a minimum tipping fee for all waste types weighing under one half ton and those fees are as follows:
Service Type Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Minimum
Gate Fee
$28.41 $29.26 $30.14 $31.04 $31.97
(3) Host Fee. In additional to any applicable fees stated in this Division, the City charges a host fee of $4.00 per ton of solid waste collected outside Oxnard city limits and delivered to the Del Norte Regional Recycling and Transfer Station.
(B) FEES FOR COMMERCIAL BIN RENTAL SERVICE FOR CONSTRUCTION AND DEMOLITION PROJECTS FOR 2 AND 4 CUBIC YARD BINS
Service
Type
Waste
Type
Effective
July 1, 2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Per Pull
2 cu yd
Any type
except:
furniture,
mattress,
appliances,
dirt and
concrete
$43.87 $46.25 $48.12 $49.73 $51.14
253
Ordinance No.
Per Pull
4 cu yd
Any type
except:
furniture,
mattress,
appliances,
dirt and
concrete
$56.83 $60.50 $63.12 $65.18 $66.81
2 cu yd
Daily
Rental fee
Any type
except:
furniture,
mattress,
appliances,
dirt and
concrete
$0.24 $0.25 $0.26 $0.27 $0.28
4 cu yd
Daily
Rental fee
Any type
except:
furniture,
mattress,
appliances,
dirt and
concrete
$0.30 $0.31 $0.32 $0.33 $0.34
(C) FEES FOR COMMERCIAL BIN RENTAL SERVICE FOR CONSTRUCTION AND DEMOLITIONS PROJECT FOR 10, 13.4, 20, 30 AND 40 CUBIC YARDS Service
Type
Waste
Type
Effective
July 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Per Pull
Fee for
10,
13.4, 20
30, and
40 cu yd
bins
Construc-
tion and
Demolition
Materials
$269.43 $296.38 $311.94 $321.30 $325.79
10 cu yd
roll off bin
Construc-
tion and
$1.53 $1.57 $1.62 $1.67 $1.72
254
Ordinance No.
Daily
Rental fee
Demolition
Materials
13.4 cu yd
roll off bin
Daily
Rental fee
Construc-
tion and
Demolition
Materials
$1.64 $1.69 $1.74 $1.80 $1.85
20 cu yd
roll off bin
Daily
Rental fee
Construc-
tion and
Demolition
Materials
$2.21 $2.28 $2.35 $2.42 $2.49
30 cu yd
roll off bin
Daily
Rental fee
Construc-
tion and
Demolition
Materials
$1.91 $1.97 $2.02 $2.09 $2.15
40 cu yd
roll off bin
Daily
Rental fee
Construc-
tion and
Demolition
Materials
$2.19 $2.25 $2.32 $2.39 $2.46
40 cu yd
roll off bin
sealed
Daily
Rental fee
Construc-
tion and
Demolition
Materials
$2.86 $2.95 $3.04 $3.13 $3.22
(1) Construction and Demolition Materials includes but is not limited to the following: lumber, drywall, metals, masonry (brick, concrete, etc.), carpet, plastic, pipes, cardboard, green waste related to land development.
(D) FEES FOR REPLACEMENT FOR NEGLECTED, DAMAGED, OR MISSING CONTAINERS.
Service Type Effective
July 1, 2024
July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028
Residential
96-gallon
container
$65.04 $66.99 $69.00 $71.07 $73.20
255
Ordinance No.
Residential
64-gallon
containers
$57.50 $59.23 $61.01 $62.84 $64.73
Commercial
1-cubic yard
(lined)
$1,111.00 $1,144.33 $1,178.66 $1,214.02 $1,250.44
Commercial
2-cubic yard
(lined)
$1,269.00 $1,307.07 $1,346.28 $1,386.67 $1,428.27
Commercial
3-cubic yard
(lined)
$1,399.00 $1,440.97 $1,484.20 $1,528.73 $1,574.59
Commercial
4-cubic yard
(lined)
$1,620.00 $1,668.60 $1,718.66 $1,770.22 $1,823.33
Industrial 1-
cubic yard
(lined)
$1,111.00 $1,144.33 $1,178.66 $1,214.02 $1,250.44
Industrial 10-
cubic yard
(lined)
$8,179.00 $8,424.37 $8,677.10 $8,937.41 $9,205.53
Industrial
13.4-cubic
yard (lined)
$8,802.00 $9,066.06 $9,338.04 $9,618.18 $9,906.73
Industrial 20-
cubic yard
(lined)
$11,850.00 $12,205.50 $12,571.67 $12,948.82 $13,337.28
Industrial 30-
cubic yard
(lined)
$10,221.00 $10,527.63 $10,843.46 $11,168.76 $11,503.82
256
Ordinance No.
Industrial 40-
cubic yard
(lined)
$11,706.00 $12,057.18 $12,418.90 $12,791.47 $13,175.21
(E) ADDITIONAL SERVICE REQUEST FEES FOR RESIDENTIAL AND
COMMERCIAL CUSTOMERS
Service Type Effective
July 1, 2024
July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028
Return Pick-
up / extra
Pick-up –
automatic
side loader
$29.78 $30.67 $31.59 $32.54 $33.52
Return Pick-
up / extra
Pick-up –
front loader
$42.64 $43.92 $45.24 $46.60 $48.00
Bulky Pick-
up (up to 5
household
items)
$45.00 $46.35 $47.74 $49.17 $50.65
(F) MISCELLANEOUS SPECIAL SERVICE FEES
(1) Freon Extraction Fee for residential and commercial purposes Residential Application
(refrigerator and air
conditions)
$30.00
Commercial
Application
(oversized units)
$35.00
257
Ordinance No.
(2) Commercial Container Cleaning. Upon request of customer, the City will steam clean commercial containers of 2 and 4 cubic yard sizes, and commercial compactors. The City will pick up the container or compactor, transport to the City Yard for steam cleaning, and return the container or compactor to the customer’s location. The fees are as follows:
Container Cleaning – up to
2 cu yd
$40.00
Container Cleaning – up to
4 cu yd
$60.00
Container Cleaning –
Compactor
$110.00
(3) Commercial and Industrial Castor Replacement. Customers may request replacement for a damaged castor or the City may replace the damaged castor without request by the customer if the damaged castor prevents the City from carrying out the associated solid waste service. The replacement castor fee is as follows:
2 & 4 cu yd Castor Wheel
Replacement – Commercial
$20.00 (per castor)
Castor Wheel Replacement –
Industrial
$30.00 (per castor)
(4) Commercial Container Security Locking Device. At the customer’s request, the City will provide a security locking device for 2 and 4 cubic yard containers. The fee shall be $60.00 for each locking device per container and includes the device and installation. (5) Change of Service Level. A fee of $5.00 shall be charged to the customer for each request to change their level of solid waste service.
(6) Residential or Commercial Tire Disposal Pick Up Service.
Tires: less than 36 inches $9.00 each
Tires: 36 inches to 60 inches $30.00 each
Tires: over 60 inches $200.00 each
258
Ordinance No.
(7) Add on Fees for Special Collection Services
Uncovered Loads Capable of Producing Litter
(Per Ton)
$5.00
Appliances Disposal $15.00
Container Delivery Fee (1, 2, 3, 4, 10, 13.4, 20,
30 and 40 cu yd)
$15.00
Hard to Handle / Bulky Item Fee (per ton) $135.00
Special Handling (per ton) $65.00
Special Pull Offs (each plus the disposal fee) $75.00
Other Materials Not listed in Article II of
Chapter 19 of Oxnard City Code.
$60.00 per hour
Part 7. The provisions of this ordinance shall be applicable to all solid waste services provided and rates and fees incurred on and after July 1, 2024. Ordinance No. 2861 is repealed by this ordinance, effective July 1, 2024.
Part 8. If any term or portion of this ordinance is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect. Where that is the case, the City Council intends that the provisions of Ordinance No. 2861 that would have been repealed by this ordinance shall remain in effect as if this ordinance had not been adopted.
Part 9. The City Council exercises its independent judgment and made findings herein above, that this ordinance is not subject to CEQA pursuant to Public Resources Code section 21080(b)(8) and 21083 in conjunction with California Code of Regulations, Title 14, Chapter 3, section 15273 (CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, told, fares, or other charges by public agencies which the public agency makes appropriate findings pursuant to this section) , because the activity is covered by the general rule that CEQA applies only to projects that will have a significant effect on the environment. There is no possibility that the passage of this ordinance will have a significant effect on the environment and adoption of this ordinance is exempt from CEQA. ///
259
Ordinance No.
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Part 10. Pursuant to Government Code Section 36933(c)(l), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five (5) days before the City Council's adoption of the ordinance.
Part 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) calendar days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3043 was first read on March 19, 2024, finally adopted on April 16, 2024 to become effective on July 1, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
John Zaragoza, Mayor
ATTEST:
260
Ordinance No.
________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen M. Fischer, City Attorney
261
Adoption of Ordinance 3043 Establishing New ER
Solid Waste Rates and Fees
City Council
April 16, 2024
Brian Yanez
Assistant Public Works Director
262
That the City Council:
1. Adopt Ordinance No. 3043 entitled "Ordinance of the City Council of the City of Oxnard to Establish New Solid Waste Rates and Fees for Customer Use and Service from the City’s Environmental Resources Division;" and
2. Find that CEQA does not apply to this ordinance pursuant to Public Resource Code sections 21080(b)(8) and 21083 in
conjunction with the exemption listed in Title 14 California Code of Regulations section 15273.
RECOMMENDATION 2
263
Background
3 Oxnard’s Environmental Resources
264
• August 2022, the City authorized Raftelis (City’s Consultant), to perform a solid waste cost of service analysis and rate study to develop cost of service-based rates and fees • In alignment with City staff's guidance, various sensitivity analyses were conducted and presented to City Council, exploring potential impacts such as no rate adjustment or no capital spending, among other factors • Based upon the Fiscal Year 2023/24 cost-of-service study, the ER division expenditures are anticipated to materially outpace revenues resulting in a negative ending cash balance no later than Fiscal Year 2024/25 without any rate increases BACKGROUND 4
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Prop 218 Notice:
• Prior to the City adjusting any property-related fees, such as solid waste rates, the City must comply with Proposition 218 • Early February 2024, approximately 55,100 Proposition 218 Public Notices were mailed to all property owners and solid waste customers
• The Public Notice provided information on the City’s proposed solid waste rate and fee increases, the proposed impact to solid waste customer utility bills
• The Public Notice provided Information on the Public hearing of March 19, 2024, and how to complete and submit a protest DISCUSSION 5
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• On March 19, 2024, the City Council conducted a public hearing in which the Council Members received public testimony and written public comments regarding the proposed solid waste rate adjustments
• Council members asked questions to City Staff regarding the proposed rates and fees
• The Council members considered all information presented on whether to approve or deny the new rates and fees
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• The City Clerk counted all of the Prop 218 protests in view of the public at the Public Hearing of March 19, 2024, and 810 protests were received
• A majority of protest was not obtained to validate the protest • Council voted 6-0 in favor of adopting the proposed solid waste rates and fees with one Council member absent
• If adopted, the Solid Waste rates and fees adjustments will begin on July 1, 2024, and continue through FY 2028-29
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The passage of the solid waste rate increase is taking the necessary steps to improve financial performance. T o strengthen the solid waste system’s financial standing, rates must be increased. As noted above, to provide revenue that will meet sustainable critical operations and maintenance, and fund capital expenditures.
FINANCIAL IMPACT 8
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QUESTIONS
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.2
DATE: April 16, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32500002 with JAS Landscape LLC for Landscape Maintenance Services within Community Facilities District No. 4. (10 minutes)
RECOMMENDATION
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.
(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/80svqZRSpD8
BACKGROUND
The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including Community Facilities District No. 4 (“CFD-4” or “Seabridge”). Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within their District. Since 2021, Brightview Landscape has provided the landscape maintenance services for CFD-4, but they did not submit a bid for the new Agreement.
The Seabridge CFD was established in 2004 to pay for the cost and expense of providing public services within the development, which includes, but is not limited to the following (per Formation Documents):
• Maintenance of parks, parkways, and open-space.
• The dredging and remediation costs to maintain the adjacent waterways and public boat docks. • Costs incurred in the establishment of the District and levy of the special tax. • The administrative costs of the District that are provided by the City of Oxnard. • Flood control and storm drain protection services.
• Police protection services that include the enforcement of City Codes relating to the waterways.
CFD-4 is the second largest special financing district that is managed by the Special Districts Division of Public Works. CFD-4 is a 122-acre development and is directly managed by a Project Manager and Landscape Maintenance Inspectors, who perform direct maintenance and inspect the contracted services. 271
JAS Landscape LLC (“JAS”) specializes in providing a full spectrum of landscape maintenance services, including but not limited to tree trimming, tree removal, lawn care, and irrigation installation and maintenance.
Agreement 32500002 is a new stand-alone Professional Services Agreement and not an extension of the previous landscape agreement or amendments.
DISCUSSION
The Purchasing Department released a Request for Bid (RFB) PW24-76 for the Landscape Maintenance of CFD-4 (Seabridge) on January 12, 2024, with a bid due date of February 8, 2024. The RFB received a total of five (5) bids from the following contractors: JAS Landscape LLC, Garcia’s Landscape Maintenance, Inc, Natural Green Landscape, Inc., Mariposa Landscape, Inc., and SGD dba Four Seasons Landscaping.
Each bid was evaluated based on the total cost for all monthly services levels, including the one-time “As Needed/As Required” and “Additional/Irregular Services'', which were consolidated into an aggregate cost to determine the lowest bidder. The aggregate bid totals received are as follows:
Bidder Total Bid Price (Aggregate)
JAS Landscape LLC $38,203.00
Garcia’s Landscape Maintenance, Inc $41,404.75
Natural Green Landscape, Inc $42,495.00
Mariposa Landscape, Inc. $48,006.22
SGD dba Four Seasons Landscaping $51,463.54
The bids were reviewed by the Purchasing Department (Purchasing Manager, Buyer) and Special Districts Division (Special Districts Manager, Project Manager - Administration, and Project Manager - Operations). JAS Landscape LLC is determined to be the lowest, responsive bidder pursuant to the process outlined in the Oxnard Municipal Code.
Staff has confirmed that JAS Landscape LLC meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filings with the California Secretary of State. Based upon the available information, research performed to date, and past services provided by the company to the City, staff believes that the contractor is capable of satisfactorily providing the necessary services.
Services to be completed by the Contractor are categorized as follows:
1. Execution of the Maintenance Program as described in Sections 1 through 4 of the Scope of Work. This includes but is not limited to:
• Providing high-level landscape services to the Seabridge community in a professional manner; • Providing all equipment and materials necessary to complete the tasks as outlined in the Scope of Work; • Complete management of turf, hardscape, shrubs and groundcover, tree care, and irrigation systems; • Soil testing and the proper application of the appropriate fertilizers and herbicides; • Sitewide debris control, including emptying trash cans, dog bag stations, and maintaining all hardscape and riprap areas; and
• Verifying proper operation and general cleanliness of park amenities and restrooms.
2. Execution of As-Needed Services at the direction of the Project Manager. This includes but is not limited to:
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• Providing extra labor for specific landscape projects that includes medium duty equipment when necessary; • Provision of additional landscape maintenance tasks when requested in addition to the Maintenance Program; and • Renovation of specific turf and planter bed areas as directed by the Project Manager.
All services provided will be based on available funding and JAS Landscape LLC will only be compensated for those services that they actually provide. Special Districts staff meet with the Seabridge Homeowners Association Board (“Board”) and Landscape Committee regularly regarding their satisfaction with the contractor’s landscape performance.
Additionally, this input is noted and discussed during the annual budget meetings to determine the community’s overall satisfaction with the landscape services, their preferred level of services, and the estimated annual costs for that level of service. Therefore, the annual landscape services, frequencies, and costs for CFD 4 include the input of the Seabridge 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
The total cost of this Agreement, if extended to its maximum allowable term of five (5) years, shall not exceed $2,721,267. The estimated cost for the first year is $492,480 with $364,800 for regularly occurring services such as mowing, trash removal, etc. and the remaining $127,680 available for one-time and on-call tasks that are not part of the routine services.
In comparison, during the previous three-year agreement with Brightview Landscape Services, FY 2023-24 pricing was $255,048 for regularly occurring services and $29,652 for one-time and on-call tasks. Staff expected an increase in contract costs due to substantial inflation since 2021, which has also occurred with other Special District landscape agreements. Additionally, the change in the scoping of the new agreement includes more landscape maintenance services on as-needed intervals for one-time and on-call requests from the Board and Landscape Committee.
Price increases and decreases are allowed under this Agreement. Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over year. Any increase requested must be substantiated with supporting documentation such as documented increases in pricing, Consumer Price Index increases, or other cost increases that directly apply to the services rendered under this Agreement. If substantial price decreases are observed, the City reserves the right to request a reduction. Any change in pricing must be requested in writing and must be agreed to by both the City and Contractor prior to the changes taking effect. Prices may be adjusted per the language in the Agreement on an annual basis after the initial one (1) year term.
Funding for FY 2024-25 and subsequent fiscal years will be requested through the annual budget process. This Agreement will be funded in its entirety from the CFD-4 Professional Services account, 60403801-53200.
There is no impact on the General Fund.
Services FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total Landscape Services $364,800 $383,040 $402,192 $422,302 $443,418 $2,015,752 As Needed Services $127,680 $134,064 $140,768 $147,806 $155,197 $705,515 Total $492,480 $517,104 $542,960 $570,108 $598,615 $2,721,267
It should be noted that the total annual amounts shown in the table above do not equal a 12-month direct comparison of the bid price calculation due to two reasons: First, the total bid price of $38,203.00 is an aggregation that includes “As- Needed” costs for services within Section 5 of the Scope of Work. Second, during the budget development process and 273
throughout the fiscal year, staff anticipates requests from the Seabridge community for landscape services that are not included in the scheduled Landscape Maintenance services. Funds not used in any fiscal year are returned to the CFD’s fund balance for future use.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on March 26, 2024 to approve the staff recommendation and to forward the item for Council approval. The agreement number has since been updated from 32400452 to 32500002 due to agreement starting in new fiscal year 2025.
Prepared by: Steve Howlett, Assistant Public Works Director, Eric Storrie, Special Districts Manager
ATTACHMENTS
1. Agreement #32500002 JAS Landscape LLC
2. City of Oxnard Special Districts List
3. City of Oxnard Special Districts Map
4. City of Oxnard Maintenance Service Level Document
5. Presentation
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LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND JAS LANDSCAPE LLC
By This Landscape Maintenance & Service Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of JAS Landscape LLC (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES. Landscape Maintenance Services CFD-4 (Seabridge).
This Agreement is for landscape maintenance and services for Communities Facility District 4 (“CFD”). The Agreement includes general landscape maintenance services. Service levels may fluctuate from year to year depending on the CFD’s property assessment and maintenance needs as may be determined by its members at a predetermined service level attached to this agreement.
2. PARTIES.
CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030
JAS Landscape LLC (“SERVICE PROVIDER”), a corporation/LLC/LLP of the State of California, located at 2225 River Ridge Rd., Oxnard, CA 93036.
3. TERM OF AGREEMENT: From: July 1, 2024 To: June 30, 2025
3.1 Time is of the essence in this Agreement.
3.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 13 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 22 of this Agreement.
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3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT NOT TO EXCEED: $2,721,267
5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Service Level Document
Exhibit C: Schedule of Compensation
Exhibit D: Insurance Requirements: City Insurance Exhibit INS-D Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification
Exhibit H: Citation Form
Exhibit I: Seabridge Development Landscape Quantities Study Maps
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: George Rivera, Jr. Name: Alejandro Lopez Title: Project Manager Title: Foreman Phone: (805) 200-5713 Phone: (805) 432-1438 Email:[email protected] Email: [email protected] Mailing Address: 1060 Pacific Ave, Mailing Address (if differs from above):
Bldg. 1, Oxnard, CA 93030
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
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7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” and “Service Level: attached to and incorporated into this Agreement as “Exhibit A and B.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 14 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement and the monthly inspections in section 9.
9. MONTHLY INSPECTIONS .
The City shall perform bi-monthly site inspections with the Service Provider.
During the Inspections, the City will compile a list utilizing the City’s Maintenance Service Report System. The inspection report(s) will list landscape-related items that are within the Scope of Work, which should be performed before the next site inspection. The City’s Project Manager will schedule the monthly inspections and provide notice of the schedule to the Service Provider’s Project Manager. The Service Provider must notify the City no less than (24) hours in advance, in writing, if there is a need to reschedule. All scheduled inspections will proceed with or without the attendance of the Service Provider.
10. SERVICE PROVIDER’S PROSECUTION EXECUTION OF THE SCOPE OF WORK
In accordance with Section 8 and 9 of this agreement, Service Provider shall execute the work identified in the City’s monthly inspection reports within the time identified in the inspection report provided by the City to the Service Provider.
Furthermore, Service provider shall execute the work as identified in the Scope of Service (Exhibit A) and the Service Level (Exhibit B) documents in the time and manner as stated in the respective Exhibits. Failure to execute the required work under this contract shall subject the Service Provider to a $250.00 Citation per occurrence for failure to execute the work identified in the monthly inspection reports, and the Scope of Work and Service level documents. The service provider shall not be issued a citation Agreement No. 32500002
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for failure to execute work that is outside the scope of this agreement. The Citation Form is attached to this Agreement for reference as Exhibit H.
11. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit C.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 14 of this Agreement, and may be subject to approval by the City Council.
11.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.
11.2 Any request for price adjustment is subject to section 14. City is under no obligation to allow requested price adjustments.
12. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within forty- five (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
12.1 Payment Request. SERVICE PROVIDER shall submit a payment request to the CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
12.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the Agreement No. 32500002
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last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
12.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
13. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.
14. MODIFICATION OF AGREEMENT.
This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.
15. TERMINATION OF AGREEMENT.
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
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16. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
17. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
18. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or Agreement No. 32500002
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reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
19. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
19.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
19.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services. SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
19.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.
19.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
19.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in Agreement No. 32500002
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the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement.
If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.
19.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
19.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
20. ASSIGNMENT.
This Agreement is for the non-professional services of SERVICE PROVIDER.
Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
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
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22. NOTICES.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
24. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
25.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
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25.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
25.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
25.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
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26. INSURANCE.
SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit D”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
27. LIVING WAGE REQUIREMENTS .
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement.
The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
28. PREVAILING WAGE REQUIREMENTS.
28.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. Please see “Exhibit F” for further information regarding Prevailing Wage requirements.
28.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
28.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
28.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s Agreement No. 32500002
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local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
29. CONFLICT OF INTEREST
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
30. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as “Exhibit G.”
31. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
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32. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
33. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by the CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
34. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
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35. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
36. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
37. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
38. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
39. 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.
40. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
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41. 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.
42. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature 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.
43. INCONSISTENT OR CONFLICTING TERMS.
In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
44. ACKNOWLEDGEMENT.
By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.
[Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.
CITY OF OXNARD JAS LANDSCAPE LLC
☐John C. Zaragoza, Mayor1 Date Jesus Lopez, CEO Date ☐Jennifer Yates, 2
Purchasing Manager
Remedios Lopez Date
Owner 3
ATTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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EXHIBIT A
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
SCOPE OF SERVICES
CITY OF OXNARD
COMMUNITY FACILITIES DISTRICTS (CFD)
STANDARD LANDSCAPE MAINTENANCE & SERVICE SCOPE OF WORK
The level of service for the CFD may change at the beginning of its fiscal year based upon the level of service requested by the members of the CFD. The level of service required for the CFD is included in Exhibit B to this Agreement.
Section 1 LICENSING AND GENERAL NOTES
1.1 Licensing and Professional Certification
Required:
SERVICE PROVIDER/CONTRACTOR must hold a State of California License Classification C-27 License and Maintenance Gardener Pest Control Business (MGB) License throughout the duration of this contract.
Contractor’s pesticide applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation throughout the duration of this contract.
The Contractor or his or her representative shall possess a valid arborist certification from the International Society of Arboriculture or similar program approved by the City throughout the duration of this contract.
1.2 General Notes
The level of service for the District may change at the beginning of its fiscal year based upon the level of service requested by the District’s residents. The level of service document is included in Exhibit B to this Agreement. Maps of specific District areas and features relevant to this scope of work are included as Exhibit I to this Agreement. Quantities of assets (such as trash cans, BBQ’s, mutt mitt stations, etc.) may not be exact and must be verified by the Contractor prior to starting any maintenance work. This scope of work generally describes the specification of work the City is requesting to be performed. Frequencies of services will be specified by the City’s Project Manager in consultation with the Contractor.
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Section 2 General Expectations
2.1 Contractor Responsibilities and Standard of Care
The following items are a list of general responsibilities the Special District’s Division expects the Contractor to perform during the course of fulfilling this contract. This list is not exhaustive and should serve as a general outline of the standard of work expected of the Contractor by the City of Oxnard.
i. Contractor must ensure the public’s safety when performing services. ii. Contractor will be required to provide staff uniforms that uniquely identify them as crew members assigned to this contract. If the Contractor maintains contracts with HOAs or businesses within the City, the Contractor shall be required to have their staff wearing uniforms which clearly identify them from other Contractor’s staff working in the HOA or business areas. Uniforms shall be agreed upon between Contractor and the Project Manager prior to the start of any work.
iii. Contractor shall behave and operate in an environmentally and professionally sound way so as to not create damage or cause exposure by virtue of negligence or omission.
iv. Contractor shall ensure that equipment is properly maintained in accordance with the manufacturer’s specifications and are maintained as to not endanger the operator or any person in the vicinity of operations. v. Contractor is responsible for repairing damage to the irrigation system caused by Contractor i.e., irrigation boxes being damaged or destroyed by mower blades.
vi. Emergency Services: Contractor shall provide the City of Oxnard with the names and telephone numbers of at least two (2) contacts who can be called by City of Oxnard Staff when emergency maintenance conditions occur. Such work shall be performed for additional compensation unless the emergency maintenance condition is created as a result of the Contractor's negligence.
Emergency work will be compensated at the hourly rate established by this Agreement for extra work. The City of Oxnard shall call for such assistance only in the event of a genuine and substantial emergency. Upon notification by the City of Oxnard of emergency conditions, the Contractor shall arrive at the site and report status within two (2) hours from the time of notification. vii. No live tree removal (including understory and shrubs in the existing landscape or the surrounding “natural” area) shall take place without the permission of the City of Oxnard Arborist or a Special District’s Project Manager.
viii. Contractor shall provide an organizational chart that identifies numbers of staff dedicated to this contract and their intended responsibilities. ix. The Contractor will be held responsible for any damages to grass, trees, plants, shrubs, fences, walls, brick, pavers, glass, all weather turf, etc. that is caused by the Contractors error. Replacement of any damaged material will be the responsibility of the Contractor and will be subject to the acceptance of Agreement No. 32500002
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the City’s Project Manager.
x. Contractor is responsible for employing an in-house pesticide applicator or person dedicated to this service for the specific purpose of spraying properties and sites within this contract. Contractor is responsible for applying all chemicals in a safe manner consistent with the label directions and federal and state laws and regulations. Application rates and frequencies are determined by the manufacturer's recommendations. Chemical mixing and application shall be supervised by a Licensed Pesticide Applicator. Records must be maintained according to the applicable licensing regulatory body.
MSDS (Material Safety Data Sheets) forms shall be placed in visible locations prior to spray applications.
xi. If through inspection and verification, in the City of Oxnard’s opinion, work as defined by the specifications has been carried out to an insufficient standard, the work shall be carried out again by the Contractor without creating a backlog to other maintenance schedules and at the expense of the Contractor.
xii. Upon written permission by the City's Project Manager, Contractor may procure and store a roll-off bin at a site agreed upon by the Project Manager for green waste.
xiii. Upon execution of the Contract, Contractor and City will perform a thorough inspection of all landscaping and irrigation in each City of Oxnard to determine if there are deficient areas prior to the beginning of services. After the inspection, any noted deficiencies will be corrected prior to handing responsibility over to the Contractor for that area. For example, if there are broken sprinkler heads, repairs will be made to correct them and the Contractor will be responsible for the maintenance after that correction is complete.
xiv. Contractor or representative shall be available to perform regular inspections of the City of Oxnard (s) with the Project Manager or his or her representative. Inspections shall occur at least once per month at an agreed- upon time.
xv. The Contractor shall be required to respond within 90 minutes to any inquiries made between the hours of 7:00 am to 4:00 pm Monday through Friday.
Inquiries received on weekends and holidays must be replied to at the first available opportunity the following Business Day. This is in regards to all inquiries unless otherwise noted with further detail in the following sections of this Scope.
xvi. Contractor is responsible for traffic control for work within the public right-of- way. If required by the City, the Contractor must submit a traffic control plan to the City Traffic Engineer 15 days prior to the execution of related work. The traffic control plan must be stamped by a licensed engineer unless Contractor elects to use a standard control plan from the WATCH Handbook. Plan shall include a detour for pedestrians. If no detour can be safely provided for pedestrians, one crewmember must be assigned flagger duties to safely escort pedestrians. All traffic control equipment must be in good working Agreement No. 32500002
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condition. Flaggers and workers must all wear appropriate personal protective equipment. City shall pay for all traffic control permits if necessary. xvii. In the event of inclement weather, Contractor remains responsible for providing services. Power machinery and tools that cannot be operated safely in foul weather conditions may not be used. However, the Contractor is to exhaust all other means of providing service prior to ending any service days in any City of Oxnard. The Contractor is responsible for providing for the safety of their crews and in the event that crews will not be on site due to weather conditions, the Contractor must notify the Project Manager in writing. xviii. Contractor will be required to utilize the maintenance reporting software designated by the Project Manager or his or her representative during the term of the contract. Usage of the software will include, but is not limited to property check-ins, deficiency reporting, work orders, inventory management, etc.
2.2 Equipment and Materials
Contractor shall provide at cost all labor, equipment, materials, supplies, tools, and transportation including but not limited to:
i. Hauling
ii. Chemicals
iii. Mulch
iv. Dumping
v. Irrigation Parts
vi. Seed
vii. Batteries
viii. Insecticides
ix. Herbicides
x. Fertilizers
xi. Surfactants
xii. Humectants
xiii. Fuel
xiv. Fungicides
xv. Chemicals
xvi. Amendments
xvii. Tree stakes
xviii. Fasteners
xix. Rodent control devices
And all other labor, equipment, materials, supplies, tools, and transportation needed to perform park, landscape, and associated facilities maintenance work as directed/described herein these contract documents.
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2.3 General Maintenance
Contractor shall perform all work necessary to complete the contract in a manner acceptable to the City of Oxnard. The general areas to be maintained and tasks to be performed shall include but are not limited to the areas listed below:
i. Turf Management: routine mowing, trimming, fertilization, watering, weed abatement.
ii. Hardscape Management: routine sweeping, litter and trash removal, pressure washing, catch basins, storm drains, swales, driveway/aprons, parking lots and sidewalks.
iii. Shrub/Pruning & Groundcover: routine weeding, cultivation, fertilization, weed abatement, and pruning.
iv. Tree Care: lifting limbs, removing broken branches. v. Irrigation – Operation, Programming and Maintenance: includes parts and labor for daily irrigation and repairs.
2.4 Vandalism and Theft
The Contractor shall include all labor costs for repairs within the Proposal for items damaged due to vandalism or theft. City shall provide all materials. Such items for repair, removal, replacement or other corrective measures resulting from vandalism and theft may include but are not limited to shrubs, trees, vines, turf, groundcover, all walls and signs, backflow devices, irrigation controllers, remote control wiring, lateral lines, fittings, risers, hose bibs, sprinkler heads, enclosures, or any item that has been vandalized by methods other than graffiti or have been stolen from the property. Contractor shall coordinate replacements and repairs with the Project Manager.
Section 3 Parks and Facilities Maintenance Schedule and Reporting
3.1 Creation of Schedule
Prior to beginning services under this Agreement, Contractor shall determine a schedule in cooperation with the City’s Project Manager for recurring (daily, weekly, monthly) grounds maintenance (mowing, pruning, irrigation inspections etc.). This schedule will be utilized to conduct random site checks to ensure adherence to specifications and expectations.
Contractor is expected to adjust and manage staffing as necessary to complete the tasks and frequency of tasks as outlined within this scope of work, particularly within Section 4. Weekend and Holiday staffing will be determined as necessary by the Contractor to address maintenance requirements.
For non-recurring (quarterly, bi-annually, annually, irregular schedule, as needed) grounds maintenance (fence cleaning, sign cleaning, etc.), Contractor shall submit a monthly work schedule that outlines work for the upcoming month no later than one- week prior the start of the month.
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If for any reason there is an anticipated variation to the provided schedule Contractor shall notify the City of Oxnard immediately upon knowledge of the need to make a schedule adjustment. The Contactor will be required to resume work as soon as possible in accordance with the annual schedule and contract specifications.
Contractor shall make all necessary visits during the year to correct any problems that may occur during the Contract Term.
3.2 Parks and Facilities Inspections and Reports
Contractor will be required to utilize the maintenance reporting software as determined by the City and report daily work being performed on designated service days with pictures and comments detailing work that has been completed.
Contractor’s lead worker(s) and/or irrigation tech(s) shall be required to keep the maintenance reporting software active on device for the duration of time while on site. The following reports will be required from the Contractor on a monthly basis:
i. A Tree and Plant Health Inspection Report using the maintenance reporting software for the entire property.
ii. A General Inspection Report detailing tasks that have been completed and those still in progress. This report should reference both deficiencies addressed by the City’s maintenance inspection report and feedback provided by the Project Manager and Landscape Maintenance Inspector iii. An Irrigation Report detailing deficiencies discovered, their repair, and any additional irrigation tasks to be completed on designated service days.
Contractor reports shall include photographs of any repairs or enhancements made to a location within the designated maintenance area along with any necessary comments or feedback in regards to work order concerns.
Section 4 Regular Maintenance Programs
4.1 Turf Management
The City of Oxnard expects a detailed, proactive approach to turf management.
Including but not limited to: soil amendment, fertilization, pre and post-emergent herbicides, dethatching, aerating, proper mowing practices, etc. The following specifications shall be performed by the Contractor as a part of the Turf Management Program:
i. All Turf Areas: these areas shall be inspected daily for holes, wet spots, uneven surfaces, defective sprinklers and other hazards, and any required corrective action taken immediately.
ii. The Contractor shall perform or cause to be performed on an annual basis up to ten (10) soil tests at locations determined in cooperation with the Project Manager with sites clearly marked so as not to confuse results. Results are to be compiled and provided to the Project Manager in a report suitable for filing. iii. The results of the soil analysis will determine the development of the Turf Agreement No. 32500002
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Management Program and the Turf Action Schedule.
iv. Soil tests shall include but not be limited to measurements/values for the following items:
Soil class : Each soil sample is classified according to humic matter content. The classes are:
MIN: Mineral soil. Low percentage of humic matter.
M-O: Mineral-organic soil. Medium percentage of humic matter.
ORG: Organic soil. High humic matter content.
HM percent : Humic matter percent is a measure of the chemically active fraction of organic matter.
W/V: The soil weight/volume is shown in grams/cubic centimeter and is used to determine the soil class.
CEC: Cation exchange capacity is a measure of the soil's capacity to hold basic cations such as potassium, calcium, and magnesium, plus the acidic cations hydrogen and aluminum.
BS%: Base saturation percent is the percent of the CEC that is occupied by the basic cations [potassium (K), calcium (Ca), and magnesium (Mg)]. BS% indicates the pH and lime status of the soil.
Ac: Exchangeable acidity is the portion of the CEC that is occupied by acidic cations [Aluminum (Al), hydrogen (H)].
pH: Soil pH is a measure of the active acidity [hydrogen (H)] in the soil solution.
P-1 and K-1: Phosphorus (P) and potassium (K) are shown as indexes used to evaluate nutrient availability to plants.
Ca and Mg% : Both calcium (Ca) and magnesium (Mg) are shown as percentages of CEC.
S (sulfur), Mn (manganese), Zn (zinc), Cu (copper).
SS-1: The soluble salt index.
Na: Sodium.
N (nitrogen).
v. Contractor shall provide a detailed comprehensive, environmentally sensitive Turf Action Schedule using a synthetic and/or organic approach which outlines the application of fertilizer, insecticide, herbicide and disease control programs that maintains turf in a healthy, vigorous, growing condition with no weeds, disease or insect issues to create a dense crop of turf based on the intended use of the community.
a. The Turf Action Schedule shall be reviewed and approved by the City’s Project Manager prior to implementation.
b. The Turf Action Schedule shall be due to the Project Manager no later than one month after the sample was taken of each contract year. c. The Turf Action Schedule shall outline the chemical type, analysis, timeline for application, and intended application rates. d. All chemicals must be applied by or supervised by a licensed applicator in accordance with label directions.
vi. Proper and necessary horticultural practices shall be used to achieve clean, Agreement No. 32500002
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green, and safe turf given the high visibility of the turf and landscape at these facilities.
vii. A string trimmer must be used in areas around buildings, fences, valve boxes, signs, rocks, light posts, etc. on a schedule that maintains a neat and professional appearance.
viii. An edger shall be used in all areas where grass and concrete meet. Such edging should be done with a power edger with a rigid blade or straight-line trimmers with a proper guide to facilitate neat, straight, and professional edged appearance; freehand line trimming will not meet this requirement. All turf is to be debris, litter, and hole free. Holes are defined as a depression where a community member may trip regardless if turf grass is present in the depression.
ix. All turf areas shall be cut to maintain a consistent year-round height of 2-3 inches.
x. Alternating mow patterns are required in order to reduce “tracking.” xi. The Contractor is responsible for ensuring a complete and thorough removal of all debris at the completion of all mowing occurrences to include clumping or piles of grass.
xii. Contractor must replant turf areas that fail to thrive as a result of the Contractor or its maintenance or horticultural practices. Contractor shall identify these areas and submit a list of them in writing to the Project Manager or his or her representative. All maintenance of replanted material will be the responsibility of the Contractor, whether planted by the Contractor or some other entity during the Contract Term.
4.2 Herbicides
The goal of the Herbicide Program is to maintain turf and planters free from weeds which includes, but is not limited to, Poa Annua, Horseweed, Kikuyu grass, or other invasive crop damaging weeds. The following items shall be fulfilled through the Contractor’s Herbicide Program:
i. All turf must contain less than 3% invasive weeds year-round. ii. Herbicides must be applied at maximum rates unless advised by the City’s Project Manager.
iii. All chemicals must be applied by or supervised by a licensed applicator in accordance with label directions.
iv. Pre-emergent herbicide shall be applied a minimum of two (2) times per year. v. Post-emergent applications should be proactive based on weekly inspection findings.
vi. Herbicide cost should be figured into the base bid. vii. All herbicide use reports shall be submitted to the Ventura County Agriculture Commissioner and a copy shall be forwarded to the Project Manager. viii. Contractor shall notify the Project Manager or his or her representative a minimum of one (1) week prior to application of herbicides. For follow-up applications, the Contractor is to provide a second service date upon completion of the initial application and post notices accordingly.
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ix. Contractor shall ensure proper signage is installed prior to herbicide application per City, County and Federal standards. The current standard to be followed is; all areas to be treated are to be posted with signs no smaller than an 8 ½” x 11” sheet of paper no more than 50 feet apart, one week to two days prior to treatment. Signs will be Contractor provided at Contractor’s expense and include a map of the area treated, the label of the chemical applied, and a warning to avoid the area for a time no less than what is recommended on the label.
x. Contractor shall ensure that all curbs and gutters, paved walkways, stamped concrete, and joints adjacent to landscaped areas, fence lines, light standard bases, buildings and structures are free of all weeds.
xi. Tree wells should be maintained by a herbicide approved by the Project Manager or his or her representative.
4.3 Pesticides/Insecticides and Disease Control
The goal of the Pesticides/Insecticides and Disease Control Program is to ensure all plant material is maintained free of diseases and pests which includes, but is not limited to, phytophthora, pythium parasites, root fungus and other plant damaging diseases, mole crickets, army worms, sod webworms, fire ants, cutter ants, grubs, chinch bugs, mealy bugs, boring beetles, and other invasive damaging insects, gophers, moles, and other vertebrate pests, year round. The following items shall be fulfilled through the Contractor’s Pesticides/Insecticides and Disease Control Program:
i. All control methods used in the execution of the Contractor’s program shall be used in accordance with their labels.
ii. The Turf Action Schedule should figure in preventative applications as well as reactive applications.
iii. Wasp/Hornet control shall occur as needed on and around the exterior of District facilities to control wasps/hornets.
iv. Trees may be treated via injection, root soak, or other methods to control pests and diseases as necessary.
v. Chemical cost should be figured into the base bid.
vi. All pesticides/insecticides/fungicides use reports shall be submitted to the Ventura County Agriculture Commissioner and a copy shall be forwarded to the Project Manager.
vii. Contractor shall notify the Project Manager or his or her representative a minimum of one (1) week prior to application of
pesticides/insecticides/fungicides. For follow-up applications, the Contractor is to provide a second service date upon completion of the initial application and post notices accordingly.
viii. Contractor shall ensure proper signage is installed prior to chemical application per City, County and Federal standards. The current standard to be followed is; all areas to be treated are to be posted with signs no smaller than an 8 ½” x 11” sheet of paper no more than 50 feet apart, one week to two days prior to treatment. Signs will be Contractor provided at Contractor’s expense and include a map of the area treated, the label of the chemical Agreement No. 32500002
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applied, and a warning to avoid the area for a time no less than what is recommended on the label.
4.4 Irrigation Maintenance
The goal of the Irrigation Maintenance Program is to maintain a properly functioning and effective irrigation system that preserves water resources and ensures proper plant health. The following list shall be addressed through the Contractor’s Irrigation Maintenance Program:
i. Sprinkler heads, spray patterns, and controllers shall be inspected on a weekly basis when systems are in operation.
ii. Breaks, leaks, and malfunctions of unknown and uncontrollable sources shall be repaired by the contractor. Missing or damaged valve box lid replacements are to be replaced by the contractor as a high priority due to safety issues. iii. Cost for material, supplies and equipment for repairs will be the responsibility of the contractor.
iv. Vandalism or accidental damage not caused by the Contractor shall be reported immediately to the Project Manager. Upon the approval of the Project Manager or his or her representative, the Contractor shall provide the labor and materials necessary to repair the damage at an additional expense to the City of Oxnard.
v. All irrigation sprinkler head repairs will be made using original system specified Rainbird and Hunter products (or an approved equal). vi. Emergency calls regarding malfunctioning irrigation equipment shall be answered within 90 minutes during regular business hours or within 24 hours on weekends and Holidays by the Contractor if a condition exists in which water is running freely or in which the Project Manager requests immediate attention for safety reasons.
vii. Contractor shall notify the Project Manager of system malfunction via email or phone call within 24 hours of discovering the problem.
viii. Contractor shall assist the City of Oxnard with as needed system shutdowns due to random events, natural disasters, or related events. ix. Contractor will be responsible for the programming, maintenance, and repairs on the specific irrigation zones and programs per applicable facility and park. x. Irrigation enclosures such as controller pedestals and pump enclosures shall be kept clean and free of dirt, grass, and debris.
xi. Contractor is required to use iCentral, Rainbird, or similar product if irrigation systems are centrally controlled for the control and monitoring of all irrigation systems.
xii. All routine maintenance labor shall be provided at the Contractor’s expense as a component of the landscape services as a component of the landscape services.
xiii. Contractor shall monitor moisture levels in irrigated and in non-irrigated bed areas.
xiv. In the event of irrigation failure or poor coverage, water shall be provided to affected areas via quick coupler and hose bib, Contractor is responsible for Agreement No. 32500002
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ensuring proper coverage through manual or automatic means at all times. xv. Water runoff shall be kept to an absolute minimum.
xvi. Scheduling shall be the responsibility of the Contractor, however, the City reserves the right to require the Contractor to change watering schedules as necessary.
xvii. Watering schedule and maintenance of irrigation systems must adhere to the City’s Water Ordinance No. 2810 or most recent drought declarations made by the Oxnard City Council.
4.5 Shrub, Vine, and Groundcover Maintenance
The goal of the Shrub, Vine, and Groundcover Maintenance Program is to maintain an aesthetically pleasing landscape while ensuring proper plant health. The following items shall be addressed through the Contractor’s Shrub, Vine, and Groundcover Maintenance Program:
4.5.1 Pruning and Edging
i. Pruning of all plant material shall be performed in a manner to create a uniformly dense plant. Contractor shall selectively thin and tip back annually. Pruning shall be done to enhance the natural branching effect of plants.
ii. Pruning shall be performed by properly trained personnel. Relative sizes and shapes of the respective shrubs shall be appropriate for the type and location and consistent throughout the area.
iii. Contractor shall prune regularly, as required. Remove dead wood and aesthetically balance the planting following basic horticultural practices. All suckers and undesired growth shall be removed during pruning services. Tree and shrub branches should be pruned to maintain appropriate clearance from all structures, buildings, light poles, AC units, fences, walkways, etc.
iv. Limbs less than 9’ feet above sidewalks and 13’ above streets shall be proactively removed.
v. Pruning of formal shrub planting should be minimal and shall be completed as needed to result in a smooth, manicured appearance. vi. “Natural” areas are to be maintained in their native conditions with the exception of visibility and safety related pruning. Included in natural areas are those areas where selective trimming has been done to enhance view corridors and safety. Trimming of woody vegetation in parking lot, picnic areas, and play areas shall be conducted on an as needed basis to ensure limbs/foliage are at least eight feet high and two feet off of each side of the respective amenities.
vii. All debris from pruning shall be removed from the site and disposed of.
4.5.2 Landscaped Beds
i. Contractor shall control weeds in bed areas by mechanical, physical and chemical methods. Bed areas are to be maintained in a manner to Agreement No. 32500002
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control and strive to eliminate weeds.
ii. All landscape beds shall remain free of litter, debris, and weeds.
Weeds sprayed with herbicide must be removed after plant death. iii. "Natural” areas are to remain in their natural native conditions with the exception of the removal of dead wood and invasive plant material. iv. Trimming/Deadheading of formal bed plantings and ground covers shall be performed on an as needed basis to achieve a smooth, manicured appearance within established boundaries.
v. Any necessary restructuring shall be reviewed and mutually approved by the Project Manager and Contractor.
vi. Trimming/Deadheading shall be performed by properly trained personnel. Relative sizes and shapes of the respective shrubs shall be appropriate for the type and location and consistent throughout the property. Excess vertical growth of ground cover shall be pruned back in order to maintain a neat ground cover bed.
vii. Shrubs of color (flowers, foliage, fruit) are to be pruned for maximum beauty. This shall be interpreted to mean pruning after flower color fades.
viii. Groundcover shall be pruned as needed, according to the Project Manager or his or her representative, to maintain separation away from base of trees, shrub masses, and hardscapes.
ix. All pruning debris shall be removed from the site at the Contractor’s expense.
x. Contractor must replant landscape areas that fail to thrive as a result of the Contractor or its maintenance or horticultural practices. Contractor shall identify these areas and submit a list of them in writing to the Project Manager or his or her representative. All maintenance of replanted material will be the responsibility of the Contractor, whether planted by the Contractor or some other entity during the Contract Term.
xi. During the course of this Agreement, Contractor shall install up to 2,000 cubic yards of mulch per calendar year at no additional cost to the City. City reserves the right to inspect mulch prior to installation.
Mulch may be applied to, but is not limited to, the following areas:
planters, tree wells, pathways, medians, and parkways. Mulch may be applied via blower or by hand if appropriate.
4.6 Tree Maintenance
The goal of the Tree Maintenance Program is to maintain the health of and promote safe growth of the District’s urban forest. Tree pruning beyond the reach of a standard 13 ft. pole saw extension is not required under the scope of this agreement. The following items shall be addressed through the Contractor’s Tree Maintenance Program:
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4.6.1 Pruning
i. All pruning work shall conform to the current ANSI A300 5.3 Pruning Standard in conjunction with the International Society of Arboriculture Publication.
ii. Cleaning shall consist of selective pruning to remove one or more of the following parts: dead, diseased, crossing, touching, and broken branches.
iii. Clearance 9 ft. above walkways and 13 ft. above streets will be maintained at all times.
iv. Thinning shall consist of selective pruning to reduce density of live branches. Thinning should result in an even distribution of branches on individual limbs and throughout the crown of the tree.
v. Raising shall consist of selective pruning to provide specified vertical clearance.
vi. Reduction shall consist of selective pruning to decrease height and/or spread as specified.
vii. Safety pruning is to trim a tree given careful consideration to the tree site, surroundings, height, overhang and potential of failure. viii. Pollarding, topping and lion tailing shall be considered unacceptable pruning practices for trees.
ix. Small or young trees are to be pruned (trained) during the fall and winter season.
x. The Contractor will attach tree stakes as needed to support tree growth. The Contractor shall remove or loosen any and all tree stakes and/or ties before damage to the trunk is caused by girdling. The Contractor shall take all precautions necessary to prevent damage to trees by any device used to accomplish the terms of the contract per ANSI guidelines.
xi. Tree stakes will be maintained to achieve their intended purpose.
Unless otherwise necessary to keep the tree upright, stakes shall be removed one year after the installation of a tree or shrubs, even if the tree/shrub was installed by another contractor.
xii. Root pruning to prevent concrete displacement or root encroachment may be required as well as the installation of 12” root barriers after pruning.
xiii. There shall not be any removal of trees under this Scope of Work. xiv. Water sprout growth on trunk and in main crotch and sucker growth shall be removed throughout the year.
xv. A four-inch (4”) ring of bare soil or mulch will be maintained around each tree to prevent string trimmer/mower damage and competition from turf/ground cover roots.
xvi. Roots growing around the base of the tree causing girdling to the trunk area are to be removed.
xvii. Contractor shall remove and dispose of dead or dying palm fronds weekly. Dying palm fronds shall be pruned in a manner that the Agreement No. 32500002
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remaining cut frond stub is cut as close to the trunk of the palm as possible without cutting into the trunk.
4.6.2 Fertilization
i. Contractor shall fertilize all palm trees using a combination of blood meal and Agriform (slow release) tablets as needed by installing eight (8) holes around the palm trees. These holes shall be two inches (2”) in diameter by twelve inches (12”) deep and shall be uniformly located around the base of the palm trees, filled with blood meal, and completely watered in.
ii. All other trees shall be maintained in accordance with current ANSI A300 fertilization standards in conjunction with the International Society of Arboriculture Publication.
4.6.3 Tree Rings
i. Mulch shall be installed 4 inches to 6 inches away from the root flare or root collar of the tree. “Volcano” mulch rings are not acceptable. ii. Tree rings shall be kept free of weeds through either chemical or manual means.
iii. Tree rings shall be kept free of weeds as a part of the Turf Action Schedule.
4.7 General Site Maintenance
The goal of the General Site Maintenance Program is to maintain an aesthetically pleasing, clean, and safe maintenance area. The following items shall be addressed through the Contractor’s General Site Maintenance Program.
4.7.1 Hardscape Management
i. Cracks in hardscape areas - apply herbicide as needed to control weeds in hardscaped areas, i.e., interior pathways of parks, parking lots, sidewalks, etc.
ii. Decomposed Granite - apply herbicide to ensure a weed free decomposed granite area (paths, trails, etc.).
iii. Blowing - removal of debris by blowing from parking lots, internal park pathways, play structures, and other hardscapes (parking areas and walkways) and softscape areas (i.e. decomposed granite) daily. iv. Playgrounds Safety Fall Surfacing- Maintain a level, debris free and safe play areas by way of raking, removing litter, spot treating weeds/grasses under swing sets, play equipment and general play area.
4.7.2 Litter and Debris Control
i. General hardscape cleanup for trash and debris (including palm fronds) shall occur daily.
ii. All areas of maintenance responsibility, including but not limited to Agreement No. 32500002
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paved parking that is not on-street parking in front of residences, shall be kept free of all trimmings, leaves, grass cuttings, dirt, mud and litter, including broken glass or other such debris.
iii. All trimmings, litter and debris shall be removed and disposed of off- site at the Contractor’s expense.
iv. All walkway areas should be blown clean during maintenance and should be free of clipping and debris. This includes street, curb, and gutter areas.
v. Trash cans (including “Mutt Mitt” stations) shall be emptied no less than three times per week.
4.7.3 Park Amenities
i. Contractor must notify the Project Manager or his or her representative of any deficiencies to the park amenities including but not limited to play structures, exercise stations, restrooms, tennis courts, benches, picnic tables, trash receptacles and mutt-mitt stations. ii. Contractor is responsible for cleaning of park amenities including playgrounds, tennis courts, benches, picnic tables, trash receptacles, and dog mutt-mitt dispensers. BBQs within the parks should be checked twice per week. Cool coals and debris should be disposed of properly. Contractor shall pressure wash picnic pavilions. Additional pressure washing will be required on the day before and after a major holiday. Tennis and basketball courts are to be pressure washed quarterly.
iii. Restrooms are to be opened and checked for proper operation by 8 AM Saturday through Sunday. If Contractor notices any park amenities that need service or repair, they are to be reported to the Project Manager or his or her representative for corrective action. iv. Contractor shall regularly inspect all electrical lighting systems for proper functioning and report deficiencies to the Project Manager or his or her representative. Any electrical hazards should be reported immediately to the Project Manager or his or her representative.
4.7.4 Graffiti
i. Contractor shall include all labor and material costs for removal of graffiti from contracted areas. Such items for repair, removal, replacement or other corrective measures resulting from graffiti include but are not limited to: shrubs, trees, vines, turf, groundcover, all walls and signs, backflow devices, irrigation controllers, remote control wiring, lateral lines, fittings, risers, hose bibs, sprinkler heads, enclosures, or any item within the contracted City of Oxnard that has been vandalized by graffiti. Graffiti shall be removed with chemical/pressure washer on all non-painted surfaces. Under no circumstances is graffiti to be painted over on sidewalks, curbs/gutter, block walls or pilasters, monument signs or similar items. Graffiti on Agreement No. 32500002
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painted surfaces shall be removed and the area shall be repainted if necessary. Etching shall be sanded until the etching has been removed. The Contractor shall provide all labor and material to remove graffiti within 24 hours of notification. Any graffiti deemed by the City to be excessive, major or out of the scope of the contract may be assigned to another contractor or City staff to complete the removal.
All Graffiti is generally considered the responsibility of the Contractor to remove and should be removed within 24 hours of notification. The expectation is that the Contractor will utilize maintenance staff that is already on property for the removal of this graffiti and not bring in extra staff for this task.
4.7.5 General Fence Maintenance
i. If applicable to the District, on designated service days, Contractor shall perform a visual inspection of District maintained fencing, looking for missing and/or damaged parts, damaged or missing bars, loose footings, and chipped paint. Irrigation heads must be maintained in a manner as to not spray nearby fencing. Any issue found during inspections shall be reported in writing to the Project Manager or his or her designated representative. If a hazardous condition exists, Contractor must make necessary adjustments to ensure the area is safe. Pressure washing of fencing may be required at City Project Manager discretion.
4.7.6 Detention Basins and Drainage
i. Where applicable, the Contractor is to maintain detention basins in good repair. This may include maintenance of turf areas and planters to the same standard as previously stated in this scope. ii. Landscape drains inlets and the outlet structures should be cleared of vegetation to ensure that flow restrictions do not occur. Special care shall be taken to ensure that prior to rain events, drains are clear and function as intended.
4.7.7 Waterways Riprap
i. Where applicable, Contractor shall maintain the loose stone used to form the foundation for the breakwater along waterways within the maintenance area. This includes the treatment and abatement of weeds and removal of any debris from the riprap.
ii. Contractor to provide aquatic safe herbicide chemicals for killing any present weeds. Contractor may be required to hand pull dead weeds herbicide can not be practically applied. This shall be completed quarterly at minimum. In the event of accelerated growth due to rain, the Contractor may be required to address the area with higher frequency.
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Section 5 Additional/A La Carte Services
In the case additional services are needed outside of the regular maintenance programs, the following items will be bid individually and performed at the discretion of the Project Manager.
5.1 Additional Labor
These services shall be bid at an hourly rate.
i. Medium Equipment with Operator - Contractor shall provide a tractor (45 to 85 horsepower) with shovel/forks or other attachments and Turf Tires with a qualified operator on a per hour basis.
ii. Additional General Crew - Hourly rate per each additional crew member requested for extra work which is inclusive of truck and basic hand equipment.
iii. Additional Irrigation Tech - Hourly rate per each additional irrigation tech requested for extra irrigation work inclusive of truck and typical irrigation related tools and equipment.
5.2 Piecework
These items shall include costs for all labor, equipment, and materials necessary on a per unit basis per each listed task. City reserves the right to inspect planned materials and method of work proposed prior to execution of each requested task.
All services will be specified in addition to the regular maintenance tasks identified in Section 4.
i. Top Dressing - Top Dressing material and rates shall be per agronomic recommendations consistent with soils analysis performed within the Turf Action Schedule . Contractor shall provide a per 1,000 square foot cost to apply top dressing
ii. Overseeding - Contractor shall provide a per 1,000 square foot cost to overseed turf areas with a matching seed species.
iii. Broadcast Fertilizer - Contractor shall provide a per 1,000 square foot cost to apply a fertilizer at the rate of 1lb. per 1,000 sq. ft.. iv. Stump Grinding - Contractor will provide a price to grind a stump (all sizes) to 5” below grade.
v. Tree Removal - Contractor will provide a price for the removal and legal disposal of trees 6 to 15-inch diameter at breast height (DBH), 16 to 22-inch DBH and 23-inch and over DBH via mechanical or non-mechanical means.
Trees shall be removed to a height of 3” above grade.
vi. Power Washing - Contractor shall use a high pressure, hot water, no greater than 1,500 pounds per square inch pressure stream to ensure a surface is clean, free of mold, mildew, grim, etc. Contractor may need to apply a biodegradable cleaner or degreaser and/or algaecide to ensure this desired effect. Price shall be provided per hour.
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vii. Core Aeration - Aeration shall be done with a power driven aerifier using ½ inch coring tine. Contractor shall take extreme care to not damage irrigation and landscape improvements with equipment. Core aeration will be performed to a depth of 6” with cores mat drug throughout areas that have been aerated. Price will be per 1,000 square feet.
viii. Dethatching - Thatch removal shall be performed with a power-driver verticutting machine. All grass clippings associated with this process shall be removed from the site and disposed of. Price will be per 1,000 square feet. ix. Mulch - Contractor will provide a per cubic yard price to install non-colored hardwood mulch to a depth of 3" where specified above and beyond the 2,000 cubic yards specified in the maintenance program. x. Decomposed Granite - Contractor will provide a per cubic yard price to install non-colored decomposed granite to a depth of 3" where specified. Price to include any subsurface site prep necessary.
xi. Landscape Pavers - Contractor will provide a per square foot price to install decorative landscape pavers (determined in cooperation with the Project Manager) where specified. Price to include any subsurface site prep necessary.
xii. Stones - Contractor to provide a single unit price for the installation of 12” to 24” and 24” to 36” stones.
xiii. Sod Installation - Sod shall be of species type specified by the Project Manager, price will be per square foot.
xiv. Sod Cutting - Sod shall be cut with a mechanical sod cutter 1.5 to 3 inches in depth. Price shall be provided per square foot.
xv. Pruning Vegetation and Trees - as identified in the Pruning scopes in Section 4 on a per hour basis.
xvi. Reel Mowing - use of at least a 72-inch reel mower and operator, with sharp blades and maintained bed reels on a per 1,000 square foot basis. xvii. Rotary Mowing - use of at least a 48-inch riding or standing rotary mower with sharp blades on a per 1,000 square foot basis.
xviii. Edging/Line Trimming - use of a string trimmer and operator to where grass and concrete meet to maintain a neat and professional appearance on a linear foot basis.
xix. Landscape Drainage - Installation of a buried french drain system 3” to 4” in diameter. Price shall be per linear foot.
5.3 Landscape Renovations
i. Planter Bed Renovation - on a per square foot basis, Contractor shall provide a price for the general renovation of planter beds. Renovation should include additional soil and amendments where necessary, mulch, plant material and any other material and equipment necessary to complete the work.
Renovation work will be limited in scope to landscape similar in nature to that which is previously established.
ii. Turf Renovation - a per square foot price will be provided for the following complete service. Upon the completion of Seedbed Preparation; Delivery, Agreement No. 32500002
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Mulching, and Fertilization shall occur within the following 48 hours. a. Seedbed Preparation - The areas to be seeded shall be reasonably smooth. Any debris, including rocks and roots which would interfere with seeding, growth, or maintenance of the vegetation, or as specified elsewhere in these specifications, shall be removed. The surface areas to be seeded, including fill slopes, shall be compacted by first bringing the soil to optimum moisture by drying or adding water, and track walking or rolling firm. The areas shall then be roughened by scarifying, discing, borrowing, or otherwise worked to a depth of 2" to 4". Scarifying operations shall be cross slope, where possible. Cut slopes shall be dressed to neat lines and all loose material raked to the toe and removed.
b. Delivery - All seed shall be delivered to the site tagged and labeled in accordance with California Agricultural Code. The seed shall be of a quality which has a minimum pure live seed content of 80% (% purity x % germination) and weed seed shall not exceed 0.5%. Legume seed shall be pellet inoculated with appropriate bacteria. The seed shall be broadcast with a truck or tractor mounted automatic seeder, where possible. Hand held breast seeders, (belly grinders) are suitable for small areas. Seed varieties are to be pre-approved through the Project Manager before application.
c. Renovation Mulching - Straw mulch shall be blown or hand broadcasted onto the ground. The application technique shall create a uniform depth of not less than two to three inches. The straw fibers shall be applied to form a uniform mat of loose straw through which no more than 15 percent of the original ground surface can be seen. No large clumps or unscattered straw shall be present after application.
Straw shall be clean rice, barley or wheat straw. Fibers shall not be chopped less than 6-inches in length.
d. Fertilization - The fertilizer shall be commercial type ammonium phosphate (16-20-0) and shall contain a minimum of 16% nitrogen, 20% available phosphoric acid, and 0% water soluble potash, and shall contain a minimum of 12 percent sulfur. The fertilizer shall be uniform in composition, dry and free flowing, pelleted or granular.
Fertilizer is to be applied at a rate of 1lb per 1000 square feet. e. Germination - The Contractor shall be responsible for a successful ground cover and its survival through the germination period. This may include, but not be limited to, applying water or additional seed, and fertilizer. Any failed areas shall be replanted and successfully grown into mature plants, at the sole cost of the Contractor. If it is determined that areas must be fenced to prohibit foot traffic from interfering with proper plant growth, Contractor is to provide temporary fencing at Contractor expense for the duration of the renovation.
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ABCD F
Weekly X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
3x per Year X
Annually XXX
Not Performed X
Annuall
y XXX
Not performed X X
Bi‐Annually X
Annually XX
Not Performed X X
ABCD F
Quarterly X
Bi‐annually X
Annually XX
None X
Monthl
y X
Quarterly X
Bi‐annually X
Annually X
None X
ABCD F
Daily X
Weekly XXX
Monthly
Not Performed X
ABCD F
Daily X
Weekly X
Every two weeks X
Monthly X
When reported X
ABCD F
Spray and Treat as required X X X X
Not performed X
ABCD F
Daily X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
Inspect and remove as needed
Level of Service
Frequency Level of Service
Entire Area including but not limited to: Turf, Shrubs, Groundcover and Gutters Level of ServiceFrequencyTurf Maintenance Schedule
Mowing, Edging & Trimming around sprinkler heads
Turf
Shrubs, Ground Cover and Vines
Aerate to relieve compaction and stress
Overseed Stressed Areas
Trash and Debris Removal
Dethatch (remove thatch layer to promote growth)
Complete control and/or eradication of all weeds within the landscape as scheduled Weed Control Schedule Frequency Level of Service
Level of ServiceFertilization Schedule Frequency
Graffiti Frequency
Pest Control Schedule Frequency Level of Service
Complete control and/or eradication of all plant pests within the landscape on designated service days
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
EXHIBIT B
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC
SERVICE LEVEL DOCUMENT
Agreement No. 32500002
.
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ABCD F
Daily X
Every two weeks X
Every Third week X
Quarterly X
Respond to complaints X
ABCD F
Weekly X
Monthly X X
Quarterly X
Semi‐annually X
X
X
XX
X
Inspect and adjust/repair as needed
Frequency Level of Service
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
Trees
Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks monthly Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks quarterly Trim as needed to prevent encroachments or hazards
Report encroachments or hazards
Groundcover/
Vines/Shrubs Trim to prevent encroachment
Irrigation Frequency Level of Service
Pruning and Trimming Schedule
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EXHIBIT C
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
SCHEDULE OF COMPENSATION
Bid Item Description
Price Unit
1 Maintenance Program
Sections 1 through 4 $ 30,400.00 /Month
Additional/A La Carte Services (Section 5) Price Unit
2 Medium Equipment with Operator $ 65.00 /Hour
3 Additional General Crew (per Crew Member) $ 35.00 /Hour 4 Additional Irrigation Tech $ 55.00 /Hour
5 Top Dressing $ 250.00 /1,000 sq. ft.
6 Overseeding $ 275.00 /1,000 sq. ft.
7 Broadcast Fertilizer $ 420.00 /1,000 sq. ft.
8 Stump Grinding $ 300.00 /Stump
9 Tree Removal (6" to 15" DBH) $ 600.00 /Removal
10 Tree Removal (16" to 22" DBH) $ 1,100.00 /Removal
11 Tree Removal (23" and over DBH) $ 1,500.00 /Removal
12 Power Washing $ 80.00 /Hour
13 Core Aeration $ 250.00 /1,000 sq. ft.
14 Dethatching $ 125.00 /1,000 sq. ft.
15 Mulch $ 120.00 /cu. yd.
16 Decomposed Granite $ 395.00 /cu. yd.
17 Landscape Pavers $ 375.00 /sq. ft.
18 Stones (12" to 24") $ 450.00 /stone
19 Stones (24" to 36") $ 750.00 /stone
20 Sod Installation $ 2.95 /sq. ft.
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21 Sod Cutting $ 0.80 /sq. ft.
22 Pruning - Vegetation and Trees (Under 13 feet) $ 35.00 /Hour 23 Reel Mowing $ 250.00 /1,000 sq. ft.
24 Rotary Mowing $ 250.00 /1,000 sq. ft.
25 Edging/Line Trimming $ 0.30 /lin. ft.
26 Landscape Drainage $ 55.00 /lin. ft.
27 Planter Bed Renovation $ 60.00 /sq. ft.
28 Turf Renovation $ 3.95 /sq. ft.
$ 38,203.00 Total Bid Price
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Exhibit INS-D
INSURANCE REQUIREMENTS FOR S MALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WIT
HOUT BUILDER’S RISK REQUIREMENT)
1. Cont
ractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder b y Co ntractor, its agents, representatives, employees or subcontractors.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial Gen
eral Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property d
ama
ge for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If
architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omi ssions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subc ont ractors having less than $500,000 individually. Th e 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 In surance 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. Add itionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original en dorsements effecting coverage required by this Exhibit INS -D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on o ther forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences.
City reserves the right to require complete certified copies of all required insurance policies at any time . The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
2. Contractor agrees that all insurance coverages shall be provided by a California admitted insura nce carr ier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduc ed 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 con
tains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
3. Contractor agrees that the Commercial General Liability and Business Auto mobi le Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, l
eased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Counci
l, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
4. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self -insura nce coverages (this must be endorsed) . Addit ionally, 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 pol icies 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, exc
ept with respect to the limits of the insurer’s liability.
5. Any deductibles or self -insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, eit
her the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunt
eers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense exp
enses.
6. All insurance st andards a ppli cable to Contractor s hall also be applicable to C o ntractor’s subcontractors. Contractor ag rees t o maintain appro
priate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager . 1/23
EXHIBIT D
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
INSURANCE REQUIREMENTS
Agreement No. 32500002
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of ins urance. You may use this or any industry f orm 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. Imp roperly addressed certificates may delay the contract start- up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be atta ched to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-D.doc
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SAMPLE
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
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A EXCES
S LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE $
A WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE I
SSUING 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.
AUTH
ORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CIT
Y 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
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, 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 s ignature required)
Telephone: ( ) Date Signed
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to t he operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED.
The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the i nsurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event , any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom cla im 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 organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be 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
(ori ginal signature required)
Telephone: ( ) Date Signed
Rev
. 1/23 INS-D.doc
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EXHIBIT E
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
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EXHIBIT F
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Agreement No. 32500002
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SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.
8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.
10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each Agreement No. 32500002
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subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
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IRAN
CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Purs
uant 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): Fed
eral 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): Fed
eral ID Number (or n/a):
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ Agreement No. 32500002
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EXHIBIT G
TRADE SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape, LLC.)
324
Removal of grass clippings
=
LANDSCAPE MAINTENANCE CITATION FORM
Maintenance Item Date Comments Cita on Issued
(Y/N) # of Occurences Cit a on Amoun t Total
Mowing
, Edging & Trimming x $250.00 =
Aera on x $250.00 =
Dethat
ching x $250.00 =
Overseeding x $250.00 =
x $250.00 =
Turf x $250.00 =
Shrubs, Groundcover, Vines, Trees x $250.00 =
x $250.00 =
$250.00 =
x $250.00
Shrubs, Groundcover, Vines x $250.00 =
Trees x $250.00 =
x $250.00 =
x $250.00 =
City Of Oxnard: Date:
Turf
Fer liza on
Tr
ash and Debris Removal
Weed Control
Pest Control
Pruning, Trimming & Staking
Graffi
Irriga on
x
Citations are issued in the event that services are not provided to an acceptable standard or for failure to perform the work in accordance with agreement section 10.
Comments: Please see attached supplemental document for additional notes.
EXHIBIT H
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
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EXHIBIT I
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and JAS Landscape LLC)
SEABRIDGE DEVELOPMENT LANDSCAPE QUANTITIES STUDY MAPS
ON THE FOLLOWING PAGES
Agreement No. 32500002
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1347
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1367
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1427
1437
1447
1457
1467
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1527
1537
4214 4204 4194 4184 4174 4164 4154 4144 4134 4124 4114 4104 4054 4044 4034 4024 4014 4004 4161
1301
4181 4171 41514141 4131
41114101 4061 4051 4041 4031 4021 40114001
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1346
1356
1366
1406
1416
1426
1436
1446
1456
1466
1476
1486
1305
1315
1325
1335
1345
1355
1365
1405
1415
1425
1435
1445
1455
1465
1475
1304
1314
1324
1334
1344
1354
1364
1404
1414
1424
1434
1444
1454
1464
1303
1313
1323
1333
1343
1353
1363
1403
1413
1423
1433
1443
1453
1463
1302
1301
1312
1322
1332
1342
1352
1362
1402
1412
1422
1432
1442
1452
1462
1311
1321
1331
1341
1351
1361
1401
1411
1421
1431
1441
1451
1461
CLUBHOUSE
PORT
MARLUNA
3 PORT
MARLUNA
1 PORT
MARLUNA
241744164 4154 41444134 4124 41144104 4072 40624052 4042 4032 4183 41734163 4153 4143 4133
4123 4113 4103 4053 40434033
1501
1507
1517
1527
40714061 4051 4041 4031 4021 4011 4001
1702
1712
1724
1734
1744
1800
1804
1814
1824
1901
1911
1921
4082 40724062 40524042 4032 4022 40124002
4123 41134103 4073 4063405340434033 402340134003
41344124 411441044084 4074 406440544044 403440244014 4004 4145 413541254115 41054085 40754065 40554045 4035 402540154005 4146 4136 4126 4116 4106
4076 4066 4056 4046 4036 4026 4016 4006 3976 3966 3956 3946 4181
4177 4167 4157 41474137 4127 4117 4107 4077 4067 4057 4047 4037 4027 4017 4007 3977 3967 3957 3947 3937 3927 3917 3907 8LW
7LW
6LW 5LW 4LW 3LW 2LW 1LW
7BW
6BW
5BW 4BW
3BW
2BW
1BW
8BW
32B
31B 28B29B30B 27B 26B 25B 24B
21B
1A
2A
3A
4A
22B
23B
7PD
6PD
4PG 3PG
2PG
1PG
5PD
20B
19B
8M
7M
6M
5M
4M
3M
18B
17B
16B
12P
11P
10P
4P
5P
6P
7P
8P
9P
15C
14C
13C
12C
11C
10C
9C
8C 7C 6C 5C 4C 3C 2C 1C
10BC
9BC
8BC
5BC
6BC
7BC
4BC
3BC
2BC
1BC
16C
17C
18C
19C
20C
21C
11BC
16BC15BC14BC13BC
12BC
17BC
18BC
19BC
20BC 21BC
22BC
23BC
4PD
3PD
2PD
1PD
34C
33C
32C
31C
2WP3WPB1WP
1WPB
3WP 2WPB 4WPB
5WPB
30C29C28C27C
26C
25C
24C23C22C
2P
1P
15B
14B
13B
12B
2M
1M
11B
6F
5F
10B
4F
3F
2F
1F
8B
9B
14I 13I
12I
11I
10I
9I8I
7I
6I
5I
4I
3I
2I
1I
6B
5B 15S
14S
13S12S11S10S
7B
16S
17S
18S
19S
20S 21S
3B
2B
1B
9S
8S 7S 6S 5S 4S 2S3S
1S
6N
5N
4N
3N
2N
1N
1BB
2BB
3BB 4BB 5BB 6BB 7BB
0 SCALE: 1"=200'
200 400 600
N
S
EW
SHEET INDEX
DESCRIPTION
3 SHEET
NO.
1 2
TITLE SHEET SEABRIDGE
SHEET 2
SEABRIDGE
SHEET 6
SEABRIDGE
SEABRIDGE
SEABRIDGE
SHEET 4
MARK DATE DESCRIPTION BY
REVIEWED BY:
NUMBER
DRAWINGDRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
O N D
Development Services Department
DateCity Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720
C VI LI
FESSION
REG
ISTERED
PRO AL
ENG
INEER
STATE OF CAL I FORNIA
HUENEME RD.
NAUMAN RD.
VENTURA RD.
OLDS RD.
VICTORIA AVE.
CHANNEL ISLANDS BLVD.
HARBOR BLVD.
OCEAN DR.
SAVIERS RD. OXNARD BLVD.
WOOLEY RD.
CASPER RD.
ARNOLD RD.
EDISON RD.
PLEASANT VALLEY RD.
ETTING RD.
RICE AVE.
DODGE RD.
HAILES RD.
LAGUNA RD.
STURGIS RD.MANDALY BEACH
BLVD.
GONZALES RD.
DORIS AVE.
W. FIFTH ST. E. FIFTH ST.
WOOD RD.
WOLF RD.
OLDS RD.
ROSE AVE.
HEMLOCK ST.
J ST.
H ST.
TEAL CLUB RD.
HARBOR
BLVD.
DEL NORTE BLVD.
3 RD ST.
2ND ST.
CAMINO DEL SOL
CITY OF VENTURA
SATICOY
LOS ANGELES AVE.
BEARDSLEY RD.
WRIGHT RD.
STRIKLAND
ACRES
CENTRAL AVE.
NYELAND
ACRES
WAGON WHEEL
JUNCTION
MONTALVO
NAVAL BASE
VENTURA COUNTY
McWANE BLVD. C ST.
VENTURA CO. AIRPORT
NAVAL BASE
0 1/2 1 2 3
STATUTE MILES
SANTA PAULA FWY. 126
TELEGRAPH RD.
TELEPHONE RD.
ROSE AVE.
SANTA CLARA AVE.
VINEYARD AVE.
G ST.
EL RIO
PERKINS RD.
ARCTURUS AVE.
CITRUS GROVE LN.
PORT HUENEME
HARBOR
CHANNEL
ISLANDS
HARBOR
CITY OF OXNARD ENGINEERING DIVISION JAN. 1994
MANDALAY BEACH
OXNARD BEACH
HOLLYWOOD BY THE SEA
SILVER STRAND
ORMOND BEACH
C D E F G H I J K L M N O P Q R S T U V W X Y Z
40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
ZC D E F G H I J LK M N O P Q R S T U V W X Y
3940 3738 36 35 34 33 32 31 30 29 28 242627 25 2223 21 20 19 18 17 16 15 14 13 912 11 10 8 7 6 5 4 3 2 1
VENTURA COUNTY
SANTA CLARA
RIVER
VINEYARD
AVE.
PATTERSON RD.
VENTURA
FRWY 101
OXNARD BLVD.
COAST HWY. 1
PORT
HUENEME
POINT MUGU
THOUSAND OAKS
CAMARILLO
OXNARD
PORT HUENEME
VENTURA
OJAI
SANTA PAULA
LOS ANGELES COUNTY
KERN COUNTY
SANTA BARBARA COUNTY
CALIFORNIA
CITY OF
O N D
SEABRIDGE AREA (SQ FT.)
RESTROOM 1,460
PARKING 13,794
PLAYGROUND/EXERCISE 15,512
MEDIAN 21,486
TURF 203,999
CONC 239,625
PLANTER 196,222
TREES 1,048
TRASH RECEPTACLE 17
BBQ PITS 6
DRINKING FOUNTAINS 1
PICNIC TABLES 6
BENCHES 21
STREET LIGHT 200
BIKE RACK 2
SEABRIDGE
SHEET 3
SEABRIDGE
SHEET 5
4 SEABRIDGE
5 SEABRIDGE
6 SEABRIDGE
WOOLEY ROAD
S VICTORIA AVE
SEABRIDGE LANECASPIAN WAYDONEGAL WAYESTUARY WAY
WINDSHORE WAY
ADRIATIC STREET
BALTIC STREET
CARRIBEAN STREET
HARBOUR ISLAND LANE
GALAPAGOS WAY
ALEUTIAN WAY
CRETE LANE
FARRALON WAY
W HEMLOCK STREET
Agreement No. 32500002
53 of 58
327
1317
1327
1337
1347
1357
1367
1407
4161
1301
4181 4171 41514141 4131
41114101 4061 4051 4041 4031 4021 40114001
1316
1326
1336
1346
1356
1366
1406
1305
1315
1325
1335
1345
1355
1365
1304
1314
1324
1334
1344
1354
1364
1303
1313
1323
1333
1343
1353
1363
1403
1302
1301
1312
1322
1332
1342
1352
1362
1402
1311
1321
1331
1341
1351
1361
8LW
7LW
6LW 5LW 4LW 3LW 2LW 1LW
7BW
6BW
5BW 4BW
3BW
2BW
1BW
8BW
32B
31B 28B29B30B 27B 26B 25B 24B
21B
1A
2A
3A
4A
22B
23B
7PD
6PD
4PG 3PG
2PG
1PG
5PD
14C
13C
12C
11C
10C
9C
8C 7C 6C 5C 4C 3C 2C 1C
10BC
9BC
8BC
5BC
6BC
7BC
4BC
3BC
2BC
1BC
4PD
3PD
0 SCALE: 1"=60'
60 120 180
N
S
EW
MATCH LINE SEE SHEET 4
MARK DATE DESCRIPTION BY
REVIEWED BY:
NUMBER
DRAWINGDRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
O N D
Development Services Department
DateCity Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720
C VI LI
FESSION
REG
ISTERED
PRO AL
ENG
INEER
STATE OF CAL I FORNIA
MATCH LINE SEE SHEET 3
W. WOOLEY ROAD
SEABRIDGE LANE
CASPIAN WAYDONEGAL WAYESTUARY WAY
ADRIATIC STREET
PORT MARLUNA 4
PERGOLA
PERGOLA
SEABRIDGE AREA (SQ FT.)
RESTROOM 1,460
PARKING 13,794
PLAYGROUND/EXERCISE 15,512
MEDIAN 21,486
TURF 203,999
CONC 239,625
PLANTER 196,222
TREES 1,048
TRASH RECEPTACLE 17
BBQ PITS 6
DRINKING FOUNTAINS 1
PICNIC TABLES 6
BENCHES 21
STREET LIGHT 200
BIKE RACK 2
AREA (SQ FT.)
Agreement No. 32500002
54 of 58
328
26B 25B 24B
21B
1A
2A
20B
19B
8M
7M
6M
5M
4M
3M
18B
17B
16B
12P
11P
10P
4P
5P
6P
7P
8P
9P
2P
15B
0 SCALE: 1"=60'
60 120 180
N
S
EW
MATCH LINE SEE SHEET 5
MARK DATE DESCRIPTION BY
REVIEWED BY:
NUMBER
DRAWINGDRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
O N D
Development Services Department
DateCity Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720
C VI LI
FESSION
REG
ISTERED
PRO AL
ENG
INEER
STATE OF CAL I FORNIA
MATCH LINE SEE SHEET 2
W. WOOLEY ROAD
VICTORIA AVENUE
ALEE LANE
TRELLIS
SEABRIDGE AREA (SQ FT.)
RESTROOM 1,460
PARKING 13,794
PLAYGROUND/EXERCISE 15,512
MEDIAN 21,486
TURF 203,999
CONC 239,625
PLANTER 196,222
TREES 1,048
TRASH RECEPTACLE 17
BBQ PITS 6
DRINKING FOUNTAINS 1
PICNIC TABLES 6
BENCHES 21
STREET LIGHT 200
BIKE RACK 2
Agreement No. 32500002
55 of 58
329
1367
1407
1417
1427
1437
1447
1457
1467
1477
1501
1507
1517
1527
1537
4214 4204 4194 4184 4174 4164 4154 4144 4134 4124 4114 4104 4054 4044 4034 4024 4014 4004 1366
1406
1416
1426
1436
1446
1456
1466
1476
1486
1355
1365
1405
1415
1425
1435
1445
1455
1465
1475
1354
1364
1404
1414
1424
1434
1444
1454
1464
1353
1363
1403
1413
1423
1433
1443
1453
1463
1352
1362
1402
1412
1422
1432
1442
1452
1462
1351
1361
1401
1411
1421
1431
1441
1451
1461
CLUBHOUSE
PORT
MARLUNA
3 41744164 4154 41444134 4124 41144104 4072 40624052 4042 4032 4183 41734163 4153 4143 4133
4123 4113 4103 4053 40434033
1501
1507
1517
1527
40714061 4051 4041 4031 4021 4011 4001
15C
14C
16C
17C
18C
19C
20C
21C
11BC
16BC15BC14BC13BC
12BC
17BC
18BC
19BC
20BC 21BC
22BC
23BC
4PD
3PD
2PD
1PD
34C
33C
32C
31C
2WP3WPB1WP
1WPB
3WP 2WPB 4WPB
5WPB
30C29C28C27C
26C
25C
24C23C22C
6B 14S
13S12S11S10S
7B
1BB
2BB
3BB 4BB 5BB 6BB 7BB
0 SCALE: 1"=60'
60 120 180
N
S
EW
MATCH LINE SEE SHEET 2
MATCH LINE SEE SHEET 6
MATCH LINE SEE SHEET 5
MARK DATE DESCRIPTION BY
REVIEWED BY:
NUMBER
DRAWINGDRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
O N D
Development Services Department
DateCity Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720
C VI LI
FESSION
REG
ISTERED
PRO AL
ENG
INEER
STATE OF CAL I FORNIA
SEABRIDGE LANE
CASPIAN WAY
DONEGAL WAY
ESTUARY WAY
BALTIC STREET
CARRIBEAN STREET
SEABRIDGE AREA (SQ FT.)
RESTROOM 1,460
PARKING 13,794
PLAYGROUND/EXERCISE 15,512
MEDIAN 21,486
TURF 203,999
CONC 239,625
PLANTER 196,222
TREES 1,048
TRASH RECEPTACLE 17
BBQ PITS 6
DRINKING FOUNTAINS 1
PICNIC TABLES 6
BENCHES 21
STREET LIGHT 200
BIKE RACK 2
AREA (SQ FT.)
Agreement No. 32500002
56 of 58
330
PORT
MARLUNA
1 PORT
MARLUNA
2 3M
2PD
1PD
34C
31C
2WP
2P
1P
15B
14B
13B
12B
2M
1M
11B
6F
5F
10B
4F
3F
2F
1F
8B
9B
14I 13I
12I
11I
10I
9I8I
0 SCALE: 1"=60'
60 120 180
N
S
EW
MATCH LINE SEE SHEET 3
MATCH LINE SEE SHEET 6
MATCH LINE SEE SHEET 4
MARK DATE DESCRIPTION BY
REVIEWED BY:
NUMBER
DRAWINGDRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
O N D
Development Services Department
DateCity Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720
C VI LI
FESSION
REG
ISTERED
PRO AL
ENG
INEER
STATE OF CAL I FORNIA
VICTORIA AVENUE
SEABRIDGE AREA (SQ FT.)
RESTROOM 1,460
PARKING 13,794
PLAYGROUND/EXERCISE 15,512
MEDIAN 21,486
TURF 203,999
CONC 239,625
PLANTER 196,222
TREES 1,048
TRASH RECEPTACLE 17
BBQ PITS 6
DRINKING FOUNTAINS 1
PICNIC TABLES 6
BENCHES 21
STREET LIGHT 200
BIKE RACK 2
Agreement No. 32500002
57 of 58
331
40714061 4051 4041 4031 4021 4011 4001
1702
1712
1724
1734
1744
1800
1804
1814
1824
1901
1911
1921
4082 40724062 40524042 4032 4022 40124002
4123 41134103 4073 4063405340434033 402340134003
41344124 411441044084 4074 406440544044 403440244014 4004 4145 413541254115 41054085 40754065 40554045 4035 402540154005 4146 4136 4126 4116 4106
4076 4066 4056 4046 4036 4026 4016 4006 3976 3966 3956 3946 4181
4177 4167 4157 41474137 4127 4117 4107 4077 4067 4057 4047 4037 4027 4017 4007 3977 3967 3957 3947 3937 3927 3917 3907 9I8I
7I
6I
5I
4I
3I
2I
1I
6B
5B 15S
14S
16S
17S
18S
19S
20S 21S
3B
2B
1B
9S
8S 7S 6S 5S 4S 2S3S
1S
6N
5N
4N
3N
2N
1N
0 SCALE: 1"=60'
60 120 180
N
S
EW
MATCH LINE SEE SHEET 4
MARK DATE DESCRIPTION BY
REVIEWED BY:
NUMBER
DRAWINGDRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
O N D
Development Services Department
DateCity Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720
C VI LI
FESSION
REG
ISTERED
PRO AL
ENG
INEER
STATE OF CAL I FORNIA
MATCH LINE SEE SHEET 5
VICTORIA AVENUE
ALEUTIAN WAY
CRETE LANE
HARBOUR ISLAND LANE
GALAPAGOS WAY
FARRALON WAY
SEABRIDGE AREA (SQ FT.)
RESTROOM 1,460
PARKING 13,794
PLAYGROUND/EXERCISE 15,512
MEDIAN 21,486
TURF 203,999
CONC 239,625
PLANTER 196,222
TREES 1,048
TRASH RECEPTACLE 17
BBQ PITS 6
DRINKING FOUNTAINS 1
PICNIC TABLES 6
BENCHES 21
STREET LIGHT 200
BIKE RACK 2
AREA (SQ FT.)
Agreement No. 32500002
58 of 58
332
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island
MAINTENANCE ASSESSMENT DISTRICT
WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony
LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS
COMMUNITY FACILITIES DISTRICTS
333
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)
CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:
Geographic Information Systems Division
March 2023
Data Source:
City of Oxnard GIS Division
County of Ventura GIS Program
334
ABCD F
Weekly X
Every 2 Weeks X
Every Third Wee
k X
Monthly X
Quarterly X
3x per Year X
Annually XXX
Not Performed X
Annuall
y XXX
Not performed X X
Bi‐Annually X
Annually XX
Not Performed X X
ABCD F
Quarterly X
Bi‐annually X
Annually XX
None X
Monthly X
Quarterly X
Bi‐annually X
Annually X
None X
ABCD F
Daily X
Weekly XXX
Monthly
Not Performed X
ABCD F
Daily X
Weekly X
Every two weeks X
Monthly X
When reported X
ABCD F
Spray and Treat as required X X X X
Not performed X
ABCD F
Daily X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
Inspect and remove as needed
Level of Service
Frequency Level of Service
Entire Area including but not limited to: Turf, Shrubs, Groundcover and Gutters Level of ServiceFrequencyTurf Maintenance Schedule
Mowing, Edging & Trimming around sprinkler heads
Turf
Shrubs, Ground Cover and Vines
Aerate to relieve compaction and stress
Overseed Stressed Areas
Trash and Debris Removal
Dethatch (remove thatch layer to promote growth)
Complete control and/or eradication of all weeds within the landscape as scheduled Weed Control Schedule Frequency Level of Service
Level of ServiceFertilization Schedule Frequency
Graffiti Frequency
Pest Control Schedule Frequency Level of Service
Complete control and/or eradication of all plant pests within the landscape on designated service days
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
335
ABCD F
Daily X
Every two weeks X
Every Third week X
Quarterly X
Respond to complaints X
ABCD F
Weekly X
Monthly X X
Quarterly X
Semi‐annually X
X
X
XX
X
Inspect and adjust/repair as needed
Frequency Level of Service
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
Trees
Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks monthly Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks quarterly Trim as needed to prevent encroachments or hazards
Report encroachments or hazards
Groundcover/
Vines/Shrubs Trim to prevent encroachment
Irrigation Frequency Level of Service
Pruning and Trimming Schedule
336
Agreement 32500002 with JAS
Landscape LLC for Landscape
Maintenance Services within
Community Facilities District No. 4.
Public Works & Transportation Committee, March 26, 2024 City Council, April 16, 2024
Anthony Miller
Special Districts Project Manager
337
FOR PUBLIC WORKS AND TRANSPORTATION
COMMITTEE:
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.
RECOMMENDATION
2 338
FOR CITY COUNCIL:
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.
RECOMMENDATION
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4 MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD
More information
can be found at:
oxnard.org/city-dep
artment/finance/spe
cial-assessment-dis
tricts/
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• The Special Districts Division of the Public Works
Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts,
including Community Facilities District No. 4.
• Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways,
medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains.
BACKGROUND
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• Properties within each District are assessed an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within
their District.
• Since 2021, Brightview Landscape has provided the
landscape maintenance services for CFD-4, but they did
not submit a bid for the new Agreement.
BACKGROUND
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• The Seabridge CFD was established in 2004 to pay for the cost and expense of providing the public services within the development, that includes, but is not limited to the following (per Formation Documents):
• Maintenance of parks, parkways and open-space.
• The dredging and remediation costs to maintain the adjacent waterways and public boat docks.
• Costs incurred in the establishment of the District and levy of the special tax.
• The administrative costs of the District that are provided by the City of Oxnard.
• Flood control and storm drain protection services.
• Police protection services that include the enforcement of City Codes relating to the waterways.
7 BACKGROUND
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• CFD-4 is the second largest special financing district that is managed by the Special Districts Division of Public Works. • CFD-4 is a 122-acre development and is directly managed by a Project Manager and Landscape Maintenance
Inspectors, who perform direct maintenance and inspect
the contracted services.
• JAS Landscape LLC specializes in providing a full
spectrum of landscape maintenance services, including but not limited to tree trimming, tree removal, lawn care, and irrigation installation and maintenance.
8 BACKGROUND
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• Agreement 32500002 is a new stand-alone Professional
Services Agreement and not an extension of the previous landscape agreement or amendments.
9 BACKGROUND
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• The Purchasing Department released a Request for Bid
PW24-76 for the Landscape Maintenance of CFD-4 on
January 12, 2024, with a bid due date of February 8, 2024. • The RFB received a total of five (5) bids from the following contractors:
• JAS Landscape LLC
• Garcia’s Landscape Maintenance, Inc
• Natural Green Landscape, Inc.
• Mariposa Landscape, Inc.
• SGD dba Four Season.
DISCUSSION
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• Each bid was evaluated based on the total cost for all monthly services levels, including the one time “As
Needed/As Required” and “Additional/Irregular Services'', which were consolidated into an aggregate cost to
determine the lowest bidder.
• The aggregate bids totals received are as follows:
DISCUSSION
11 Bidder Total Bid Price (Aggregate)
JAS Landscape LLC $38,203.00
Garcia’s Landscape Maintenance, Inc $41,404.75
Natural Green Landscape, Inc $42,495.00
Mariposa Landscape, Inc. $48,006.22
SGD dba Four Season $51,463.54
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• The bids were reviewed by the Purchasing Department
(Purchasing Manager, Buyer) and Special Districts Division (Special Districts Manager, Project Manager -
Administration, Project Manager - Operations).
• JAS Landscape LLC is determined to be the lowest,
responsive bidder pursuant to the process outlined in the Oxnard Municipal Code.
• Staff has confirmed that JAS Landscape LLC meets all
required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filings with the California Secretary of State.
DISCUSSION
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• Based upon the available information, research performed to date, and past services provided by the company to the City, staff believes that the contractor is capable of
satisfactorily providing the necessary services.
DISCUSSION
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DISCUSSION
14 • Services to be completed by the Contractor are categorized as follows:
1. Execution of the Maintenance Program as described in Sections 1 through 4 of the Scope of Work. This includes but is not limited to:
-Providing high level landscape services in a professional manner; -Providing all equipment and materials necessary to complete the tasks; -Complete management of turf, hardscape, shrubs and groundcover, tree care, and irrigation systems;
-Soil testing and the proper application of the appropriate fertilizers and herbicides;
-Sitewide debris control, including emptying trash cans, dog bag stations, maintaining all hardscape and riprap areas;
-Verifying proper operation and general cleanliness of park amenities and restrooms.
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DISCUSSION
15 • Services to be completed by the Contractor are categorized as follows:
2. Execution of As-Needed Services at the direction of the Project Manager. This includes but is not limited to:
-Providing extra labor for specific landscape projects and medium duty equipment when necessary;
-Provision of additional landscape maintenance tasks when requested in addition to the Maintenance Program;
-Renovation of specific turf and planter bed areas as directed by the Project Manager.
• All services provided will be based on available funding and JAS Landscape LLC will only be compensated for those
services that they actually provide.
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DISCUSSION
16 • Special Districts staff meet with the Seabridge Homeowners Association Board and Landscape Committee regularly
regarding their satisfaction with the contractor’s landscape performance.
• Additionally, this input is noted and discussed during the annual budget meetings to determine the community’s
overall satisfaction with the landscape services, their preferred level of services, and the estimated annual costs for that level of service.
• Therefore, the annual landscape services, frequencies, and costs for CFD 4 include the input of the Seabridge
community.
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• The total cost of this Agreement, if extended to its maximum allowable term of five (5) years shall not exceed
$2,721,267.
• The estimated cost for the first year is $492,480 with $364,800 for regularly occurring services such as mowing, trash removal, etc. and the remaining $127,680 available for one-time and on-call tasks that are not part of the routine services.
• In comparison, during the previous three year agreement with Brightview Landscape Services, FY 2023-24 pricing
was $255,048 for regularly occurring services and $29,652 for one-time and on-call tasks.
FINANCIAL IMPACT
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• Staff expected an increase in contract costs, due to
substantial inflation since 2021, that has also occurred with other Special District landscape agreements.
• Additionally, the change in the scoping of the new
agreement includes more landscape maintenance services
on as-needed intervals for one-time and on-call requests from the Board and Landscape Committee.
• Price increases and decreases are allowed under this
Agreement.
FINANCIAL IMPACT
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• Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over
year.
• Any increase requested must be substantiated with
supporting documentation such as documented increases
in pricing, Consumer Price Index increases, or other cost increases that directly apply to the services rendered under this Agreement.
• If substantial price decreases are observed, the City reserves the right to request a reduction.
FINANCIAL IMPACT
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• Any change in pricing must be requested in writing and must be agreed to by both City and Contractor prior to the changes taking effect.
• Prices may be adjusted per the language in the Agreement on an annual basis after the initial one (1) year term. • Funding for FY 2024-25 and subsequent fiscal years will be requested through the annual budget process.
• This Agreement will be funded in its entirety from the CFD-4 Professional Services account, 60403801-53200.
• There is no impact on the General Fund.
FINANCIAL IMPACT
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21This is the footer.
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.3
DATE: April 16, 2024
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected]
SUBJECT: ERP Annual Report and Seventh Amendment to Agreement with Kreative Core Technologies. (10 minutes)
RECOMMENDATION
That the City Council:
1. Approve and authorize the Mayor to execute a Seventh Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $5,300,000 for a new not to exceed contract amount of $10,020,000, and to extend the term for a year to December 31, 2025, for project management services related to the discovery, documentation, implementation, stabilization and ongoing IT support for all phases of the City’s multi-year enterprise resource planning (ERP) implementation, as well as some additional IT non-ERP projects;
2. Approve $200,000 of new Transfer Out Appropriations in the General Fund (101) and corresponding Transfer In Revenues in the Capital Outlay Fund (301) in regard to additional ERP related costs anticipated in Fiscal Year 2023-24; and
3. Receive and file the ERP system annual report.
(The Finance and Governance Committee approved 3-0 on March 26, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/opiDWPsGQw8
BACKGROUND
The City has used CentralSquare (formerly Superion, formerly SunGard) HTE/NaviLine as its main Enterprise Resource Planning (ERP) software since 1992. This software supported all financial reporting including payroll, purchasing, utility billing and business licensing functions; while it served the organization well for many years, thirty years later, it is slow and outdated. Other than job postings and performance reviews for certain job classes (which were moved to other software), the City’s human resources functions, including timesheets, were all manual and paper-based. The City’s permitting and land management functions are mostly manual and paper-based. Functions within the Community Development Department include building, planning entitlement, and encroachment permitting activities and are highly manual and paper-based. Between maintaining legacy processes, functional gaps in the software, and inadequate data extraction and reporting tools, City staff over the years have developed more than 150 standalone shadow systems (mostly Microsoft Excel spreadsheets and Access databases) to store, utilize, and analyze data.
In October 2019, the City Council decided to engage Tyler Technologies for its integrated ERP solution to replace existing software and manual processes. Tyler offers more modern technology to give our staff the tools necessary to conduct business, analyze data, and serve our residents better.
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The total estimated cost of this project was initially set in 2019 at $14.9 million, consisting of the Tyler contract for $9.1 million (including contingency) and additional implementation costs of $5.8 million, including project management services, business process design costs, and organizational change management consulting services. Bonds were issued for $6.9 million in 2019 as part of a plan to finance the first major phases of one series of bonds and return to the market to finance the final phases at a later date. The project commenced in October 2019.
At its October 18, 2022, meeting, the City Council approved staff’s recommendation to issue new bonds, including funding required to complete the ERP Project and street improvements. The plan for bonds included pairing the software with the larger streets and alleyways improvements to reduce issuance costs and benefit from economies of scale. The bonds included a 15-year repayment period related to the ERP system (estimated useful life) and a 30-year repayment period for street work. The Council approved $9 million not-to-exceed par amount for the ERP portion and $36 million for the street improvements. Those bonds cannot be issued due to a lawsuit filed by Mr. Aaron Starr's Moving Oxnard Forward, a political corporation, which put a freeze on the City's ability to bond for projects in general.
At the March 21, 2023, Council meeting, the Council authorized the use of up to $2.5 million in General Fund reserves in order to continue with the ERP project, and subsequently approved another $3.0 million as part of the Fiscal Year 2023- 24 adopted budget. Furthermore, the Council issued a resolution that would enable these funds to be reimbursed from a future debt issuance should the City be successful in this litigation. Although Mr. Starr lost the initial lawsuit, he immediately appealed and hence extended the lawsuit to further delay the City's ability to bond again.
DISCUSSION
Project Financing - Risk to City's Budget Reserves
In order to continue with the ERP project and stay on track to deliver the much-needed system improvements, the City Council approved the use of General Fund reserves with a potential reimbursement made possible from future bond proceeds should the City prevail in its legal defense. The time frame for final resolution of the appeal is still unknown, and the amount of General Funds required depends upon how long the bond issuance is delayed. Staff recommends that the project continue with this funding approach, although we recognize that utilizing cash in this way may delay other equally-valuable projects.
Total Cost of Project
The project has expensed $10.6 million as of December 31, 2023, $3.7 million more than the initial bond proceeds received in 2019 of $6.9 million. Staff anticipates the project will consume a further $1.9 million by the end of FY 2023- 24 for a total consumption of General Fund reserves of $5.6 million by June 30, 2024. While staff still needs to complete the discovery phase of Utility Billing and negotiate renewal of the Tyler contract after the initial five-year term (this fall), we anticipate that the initial estimate of $14.9 million may be lower than the full and final cost of the project. Current estimates of the cost to implement all phases of the ERP project are $20.2 million, an increase of $5.3 million from original estimates five years ago. This is because the project is much more complex and taking longer than originally anticipated due to all the gaps and clean-ups along the way, both in technology and in the implementing departments.
Also, because the project is taking longer in time, software as a service (SaaS) fees are paid for by the project for a longer time rather than moved quickly to the IT Department. Finally, our IT Department has needed a lot of support -- both in implementation and later in maintenance -- by consultants.
The cost of operating and maintaining any software (including the ERP) after implementation is charged to the operating budgets across the City on an ongoing basis, not to the project. So, the total cost of the project listed above does not include the annual software fees paid to Tyler for the rights to use the software once the phase is live, nor does it include the annual cost of having City staff or consultants maintain the system after implementation.
Project Management & External IT Support Services
Kreative Core Technologies Corp. (Kreative) has been successfully providing project management and IT support services for the ERP project since September 2021. Kreative was instrumental in helping deliver the Core Financials phase of the project on time and under budget; it is now a key player in implementing Human Capital Management (HCM) as well as Enterprise Planning and Licensing (EPL), formerly called Energov. Furthermore, given significant 359
vacancies and challenges in hiring staff within the IT Department, Kreative has provided IT implementation, business systems analysis, production support and report writing services under the current agreement. In September 2021, the City entered into a contract with Kreative that has since been amended six times. Its current value is $4,720,000.
Staff recommends that Kreative continue to provide services for the remaining phases of the project. Thus, staff recommends that Council approve a seventh amendment to the Kreative agreement with the City, adding $5,300,000 for a new “not-to-exceed” amount of $10,020,000, and extend the contract term for one further year, ending December 31, 2025. This amendment provides Kreative the time to implement and stabilize HCM as well as implement EPL and implement most of Enterprise Asset Maintenance while finishing discovery for Utility Billing. IT support services for all phases are anticipated to continue under this agreement, and Kreative Core is continuing to manage organizational change management services. Finally, given Kreative’s performance and understanding of the City’s IT infrastructure, additional scope items are included within the seventh amendment to assist the City with other (non-ERP) needed improvements and upgrades to the City’s Information Technology. These include the assessment and remediation of the City’s MS Active Directory, readiness assessment and implementation of Microsoft 365 citywide, implementing new payment processing, IT security enhancements, and some other projects as detailed in the scope of the contract.
Given the nature of ERP projects, and the frontloaded discovery of two major phases to be completed as part of this seventh amendment, staff anticipates returning to the Council in Fiscal Year 2024-25 to recommend additional project management, IT support and organizational change management services required to ensure effective implementation and stabilization of the final ERP phases.
Annual Update
1. Core Financials Complete; Budgeting Software in use for the FY 2024-25 budget.
In the last annual report, it was listed that implementation of Executime (an electronic time tracking system) was completed in the fall of 2020 and implementation of Bluebeam (an online electronic mapping and design sharing system for plan check) was completed in the summer of 2021. The Core Financials implementation phase was completed and launched on October 1, 2022. This large and complex phase of the ERP, which included Purchasing (requisitions, purchase orders, contracts), Accounts Payable (receiving invoices and issuing payments), Accounts Receivable (billing for City fees and charges and processing payments), Project Management (accounting for capital improvements within the City’s limit, and grant accounting), recording all financial transactions that result in monthly issuance of reports (balance sheet, cash flow, statement of government activities), and financial planning with its integrated budget projection and control tools. The new ERP provides real-time project reporting and budgetary controls for all capital projects and grant funded activity. Council also approved a contract with OpenGov (budgeting software) on October 3, 2023, which staff is integrating with Munis Financials and is using to produce the Fiscal Year 2024-25 operating and capital budgets.
2. HCM (Human Capital Management) -- Implementation Commenced.
Human Capital Management (HCM) is a large phase encompassing all the functions and processes from recruitment through payment and termination of all 1,700+ employees, recording and processing all benefit payments, employment taxes, retirement plan contributions, and implementing various bargaining unit memorandum of understanding (MOU) agreements in relation to employee pay and benefits. The HCM phase includes integration with leading industry learning and recruitment tools, enhancing the way the City can identify, nurture and retain talent for the benefit of the organization and its residents and customers. The HCM phase is currently underway with configuration and functional testing. This module is expected to Go Live in the next month or two.
During the period of HCM development, the City will continue to use its legacy system, HTE, to perform all payroll calculations, payments and benefit calculations, taking that information and translating it into the appropriate Munis accounting codes such that all activity will be reportable and managed against the adopted and revised budgets that are held in Munis. Testing will continue to ensure accuracy of payroll in Munis.
Additionally, the Police and Fire Departments have a need for advanced scheduling unique to public safety. Each of these departments has identified software specific to its scheduling and used by a significant number of California law enforcement and firefighting agencies. Should the City Council separately approve this software, these systems would begin a six-month implementation and integration with Munis in Summer 2024. 360
3. EPL (Planning, Permitting, Licensing) - Discovery Complete - Implementation commenced.
The EPL discovery phase took place throughout calendar year 2023. This effort included detailed reviews of all current permitting processes within the Community Development Department as well as secondary users who participate in the plan review process, such as the Fire and Public Works Departments. In depth discovery sessions were held with subject- matter experts from each Community Development division unit, including Building, Land Development Engineering, Planning, and Code Compliance. These efforts helped define our current procedures for the purpose of better communicating our needs with the EPL software vendor to ensure all current processes and procedures are captured in the new system. This effort has also provided the opportunity to identify current roadblocks and or process inefficiencies so that solutions can be determined during the EPL implementation phase. Staff began the implementation phase of EPL in January 2024, working with Tyler and Kreative to configure the software in line with the City’s needs and outcomes from the discovery phase. It is anticipated that this implementation will continue through fiscal year 2024-25 and will launch in Spring 2025.
4. EAM (Enterprise Asset Management) -- Discovery Complete.
The EAM module discovery was completed in March 2024 and the implementation timeline will be heavily dependent upon the staff resources able to dedicate time to multiple major phases of the active modules (EAM, EPL, and UB) at the same time. Staff are still performing the tasks and activities required to meet current operational needs, as well as implementing other active modules. Many of the same staff are required to work on more than one phase and/or more than one active module. This results in needing to adjust the timeline to reflect this constraint, essentially extending out the timeframe for the EAM module project.
5. Utility Billing -- Discovery is Anticipated to be Completed in Summer 2024.
Utility Billing has completed the current state assessment of the discovery phase and is now reviewing future state gap analysis and recommendations. The implementation of this module has been moved from January 2025 to January 2026 to accommodate the limited availability of City resources required to work on the implementation, given the need to support other phases. This module is scheduled to go live in mid-2027.
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 ERP Project was budgeted at $14.9 million for all five phases. As of December 31, 2023, $10.6 million has been spent on the delivery of Executime, Bluebeam, and Core Financials, and with HCM poised to launch very soon. Staff recommends $200,000 in general fund reserves be appropriated and transferred to the Capital Outlay Fund (301) in the FY 2023-24 to cover anticipated ERP expenses in excess of the adopted budget. The total cost of the ERP implementation is now estimated at $20.2 million through fiscal year 2027-28.
The proposed seventh amendment to the consulting services agreement with Kreative Core for Core Financials and HCM project management services has a not-to-exceed amount of $10,020,000 for the time period September 2021 through December 31, 2025. The costs associated with the discovery, implementation, stabilization and support of all ERP phases will be paid by the ERP capital project in fund 301 through the existing project budget, with continued allocation of General Funds.
The IT Department continues to have numerous vacancies and thus considerable staff savings that help to offset some but not all the anticipated contracted costs for IT support services, additional scope items within the Kreative Contract charged to the IT Fund 731. Furthermore, as the City launches ERP modules, the annual software licensing costs are charged to the IT operating fund.
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Future budgets will include the appropriations necessary to cover anticipated costs of completing the project phases planned for those fiscal years, and staff may return with a recommendation to reimburse the General Fund if and when the City prevails in the appeals court for the ability to issue bonds.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on March 26, 2024.
Prepared by: Mark Sewell, Assistant Chief Financial Officer
ATTACHMENTS
1. Kreative Core Technologies - Seventh Amendment
2. Presentation
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ERP Annual Report and Seventh Amendment to
Agreement with Kreative Core T echnologies
Mark Sewell, Assistant Chief Financial Officer
Finance Department
City Council
April 16, 2024
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RECOMMENDATION
That the City Council:
1. Approve and authorize the Mayor to execute a Seventh Amendment to the Professional Services Agreement with Kreative Core T echnologies Corp (9431-21-FN) in the amount of $5,300,000 for a new not to exceed contract amount of $10,020,000, and to extend the term for a year to December 31, 2025, for project management services related to the discovery, documentation, implementation, stabilization and ongoing IT support for all phases of the City’s multi-year enterprise resource planning (ERP) implementation, as well as some additional IT non-ERP projects;
2. Approve $200,000 of new Transfer Out Appropriations in the General Fund (101) and corresponding Transfer In Revenues in the Capital Outlay Fund (301) in regard to additional ERP related costs anticipated in Fiscal Year 2023-24; and
3. Receive and file the ERP system annual report
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WHAT IS ERP? (ENTERPRISE RESOURCE PLANNING)
There are separate technology systems that provide foundational framework for nearly all City functions including:
1. Financial Management
2. HR, Timekeeping & Payroll
3. Community Development
4. Assets Maintenance
5. Utility Billing
The ERP integrates these functions so they “speak to each other” 390
TOTAL COST OF PROJECT
• Project has expensed $10.6 million as of 12/31/2023, $3.7 million more than the initial bond proceeds received in 2019 of $6.9 million • Staff anticipates project will consume a further $1.9 million by the end of FY 2023-24 for a General Fund total of $5.6 million by 6/30/2024 • Current estimates of cost to implement entire ERP project are $20.2 million, an increase of $5.3 million from original estimates 5 years ago, because:
• Project is more complex and taking longer; there are lots of gaps and clean-ups along the way, both in technology and in the implementing departments, due to serious tech debt and budget cuts in the past • Since the project is taking longer in time, software as a service (SaaS) fees are paid for by the project for a longer time rather than moved quickly to the IT Department
• Our IT Department has needed a lot of support -- both in implementation and later in maintenance -- by consultants 4 391
ANNUAL UPDATE 5
Phase/Module Description Status
Core Financials Capital assets, General
Ledger, purchasing, etc.
Went live on 10/1/2022; just audited;
Budgeting Software in use for current budget
Human Capital
Management (HCM)
HR and payroll processes,
integrate all City
employee data in one
system
In progress: we are configuring, testing, and
expecting to go live in the next month or two
(PD and Fire may add on advanced scheduling
this summer, which isn’t technically ERP)
Enterprise Planning &
Licensing (EPL)
Planning, Permitting,
Licensing
Discovery complete; implementation
commenced
Enterprise Asset
Management (EAM)
Public Works Discovery complete; will begin
implementation this calendar year (2024)
Utility Billing (UB) Utility Billing Discovery is anticipated to be completed in Summer 2024
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RECOMMENDATION
That the City Council:
1. Approve and authorize the Mayor to execute a Seventh Amendment to the Professional Services Agreement with Kreative Core T echnologies Corp (9431-21-FN) in the amount of $5,300,000 for a new not to exceed contract amount of $10,020,000, and to extend the term for a year to December 31, 2025, for project management services related to the discovery, documentation, implementation, stabilization and ongoing IT support for all phases of the City’s multi-year enterprise resource planning (ERP) implementation, as well as some additional IT non-ERP projects;
2. Approve $200,000 of new Transfer Out Appropriations in the General Fund (101) and corresponding Transfer In Revenues in the Capital Outlay Fund (301) in regard to additional ERP related costs anticipated in Fiscal Year 2023-24; and
3. Receive and file the ERP system annual report
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End of Presentation
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