Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
May 28, 2024
Regular Meeting - 8:30 to 10:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 863 6811 7403
3. Passcode: 589086
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE May 28, 2024 - Page 2
a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the May 14, 2024 regular meeting as presented.
Contact: Rose Chaparro, (805) 385-7805
D. REPORTS
1. Public Works Department
SUBJECT: Agreement 32500013 with Conico Toro, Inc. dba MacValley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32500013 with Conico Toro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, for the purchase and delivery of lubricants and antifreeze to various City locations.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/PiqBZE3_yWQ
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE May 28, 2024 - Page 3
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreement 32500017 with GreenCoast Landscapes Inc. for Landscaping Services at Various City Locations. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year option terms, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/1uUWrQNzv6M
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Second Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Carts and Parts. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement No.
A-8368 with Toter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/RyHibIzutLQ
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: May 28, 2024
TO: Public Works and Transportation Committee
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Public Works & Transportation Committee approve the minutes of the May 14, 2024 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 05 14 2024 Public Works & Transportation
4 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
May 14, 2024
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello, Member Arthur Valenzuela, and Member John C. Zaragoza were present in person.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the April 23, 2024 regular meeting as presented.
It was moved by Member Zaragoza, seconded by Member Valenzuela, to approve the meeting minutes as p resented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
D. REPORTS
1. Public Works Department
SUBJECT: Agreements for the Supply and Delivery of Chemicals to Water, Wastewater, and Recycled Water Facilities.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Agreements for the supply and delivery of chemicals to Water, Wastewater, and Recycled Water Facilities, each with the initial agreement term ending June 30, 2025, after which each Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029:
1. Agreement 32500003 with JCI Jones Chemicals Inc., in the amount not to exceed $4,525,000, for the supply and delivery of Sodium Hypochlorite and Sodium Bisulfite;
5 May 14, 2024 OXNARD CITY COUNCIL PAGE 2
PUBLIC WORKS & TRANSPORTATION COMMITTEE
2. Agreement 32500004 with Northstar Chemical, in the amount not to exceed $2,925,000, for the supply and delivery of Citric Acid, Sulfuric Acid, and Sodium Hydroxide;
3. Agreement 32500005 with Pencco, Inc., in the amount not to exceed $7,100,000, for the supply and delivery of Ferric Chloride and Ferrous Chloride;
4. Agreement 32500008 with King Lee Chemical Co., in the amount not to exceed $1,900,000, for the supply and delivery of Antiscalant;
5. Agreement 32500009 with Aquapulse Chemicals, LLC, in the amount not to exceed $900,000, for the supply and delivery of Hydrogen Peroxide;
6. Agreement 32500010 with Hill Brothers Chemical Company, in the amount not to exceed $150,000, for the supply and delivery of Aqueous Ammonia; and
7. Agreement 32500011 with Univar Solutions USA, Inc., in the amount not to exceed $
2,300,000 for the supply and delivery of Sodium Hydroxide and Liquid Lime.
Tim Beaman, Int erim Assistant Public Works Director answered the Committee’s questions.
No public comments were received.
It was moved by Member Valenzuela, seconded by Chair Perello , to approve the
recommended action as presented. VOTE: Perello, Valenzuel a, and Zaragoza voted in favor, the motion carried 3-0.
2. Public Works Department
SUBJECT: Wastewater Division General Update Presentation.
RECOMMENDATION: That the Public Works and Transportation Committee receive and file a Wastewater Division general update presentation.
Tim Beaman, Interim Assistant Public Works Director was available to answer the Committee’s questions. No public comments were received.
It was moved by Member Zaragoza, seconded by Chair Perello , to approve the recommend ed
action as presented. VOTE: Perello, Valenzuel a, and Zaragoza voted in favor, the motion carried 3-0.
3. Public Works Department
SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2024-25.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to:
1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and
2. Authorize the City Manager to take whatever actions are necessary and 6 May 14, 2024 OXNARD CITY COUNCIL PAGE 3
PUBLIC WORKS & TRANSPORTATION COMMITTEE
appropriate to carry out the purpose and intent of the resolution.
Morgan Kessler, City Engineer was available to answer the Committee’s questions. No public comments were received.
It was moved by Chair Perello , seconded by Member Valenzuela , to approve the recommended action as presented. VOTE: Perello, Valenzuel a, and Zaragoza voted in favor, the motion carried 3-0.
4. Public Works Department
SUBJECT: Agreement 32500006 with California Wood Recycling, Inc. dba Agromin (Agromin), for Organic Waste Recycling Services at Agromin Facilities.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with California Wood Recycling, Inc. dba Agromin (Agromin) in the amount not to exceed $9,000,000 for an initial three-year term from July 1, 2024, to June 30, 2027, with the option for two (2) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, in order to provide organic waste recycling services and mulch products for the City of Oxnard at permitted Agromin facilities
Brian Yanez , Assistant Pu blic Works Director presented and answered the Committee’s questions. No public comments were received.
It was moved by Member Zaragoza, seconded by Member Valenzuela , to approve the
recommended action as presented. VOTE: Perello, Valenzuel a, and Zaragoza voted in favor, the motion carried 3-0.
5. Public Works Department
SUBJECT: Annual Purchase Orders with Accent Wire-Tie to Supply and Deliver Bale Wire for the Del Norte Regional Recycling and Transfer Station.
RECOMMENDATION: The Public Works and Transportation Committee recommends that the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire-Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.
Brian Yanez , Assistant Pu blic Works Director was available to answer the Committee’s questions. No public comments were received.
It was moved by Member Valenzuela, seconded by Chair Perello , to approve the
recommended action as presented. VOTE : Perello, Valenzuela, and Zaragoza voted in favor, 7 May 14, 2024 OXNARD CITY COUNCIL PAGE 4
PUBLIC WORKS & TRANSPORTATION COMMITTEE
the motion carried 3-0.
6. Public Works Department
SUBJECT: Professional Services Agreement 32500012 with Pavement Engineering Inc. for City's Pavement Management Systems Update.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Pavement Engineering Inc. in the amount not to exceed $425,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option for three (3) consecutive one (1) year period extensions, that shall not exceed a total of four (4) years; for a final term ending June 30, 2028, for the City’s pavement management systems update professional services.
Morgan Kessler, City Engineer was available to answer the Committee’s questions. No public comments were received.
It was moved by Chair Perello , seconded by Member Valenzuela , to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor, the motion carried 3-0.
E. ITEMS FOR FUTURE AGENDAS (No requests were made.)
F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chai r Perello adjourned the meeting at 9:19 p.m.
ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair
8 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: May 28, 2024
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32500013 with Conico Toro, Inc. dba MacValley Oil Company for Purchase and Delivery of Bulk Lubricants and Antifreeze. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32500013 with Conico Toro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, for the purchase and delivery of lubricants and antifreeze to various City locations.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/PiqBZE3_yWQ
BACKGROUND
The City Public Works Divisions maintain an array of machinery, vehicles and equipment onsite at Fleet Services, Wastewater, and Environmental Resources. City Divisions have utilized a vendor for the delivery of oil, greases (lubricants), and antifreeze for more than 23 years. Lubricants and antifreeze are delivered to the following City locations:
1. Environmental Resources, 111 S. Del Norte Boulevard
2. Fleet Services Shops, 1060 Pacific Ave and 111 S. Del Norte Boulevard
3. Wastewater Treatment Plant, 6001 Perkins Road
In addition, diesel exhaust fluid (DEF) will be delivered to the following fire station locations:
1. Station 1, 491 S. K Street
2. Station 8, 3000 S. Rose Avenue
DISCUSSION
On March 5, 2024, the City solicited Request for Bid (RFB) PW24-89 for the purchase and delivery of bulk lubricants and antifreeze to various City sites to support and maintain machinery, equipment, and vehicles under their responsibility. The RFB closed on April 4, 2024. The City received only one responsive bid, Conico Toro, Inc. dba Mac Valley Oil Company. Upon review by City staff, it was determined that the bid was 9 reasonable compared to prior contract costs. City Purchasing Policy allows the City to enter into a negotiated contract when only one bid is received. MacValley Oil Company has been the City’s contracted supplier of lubricants and antifreeze for the past five years.
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
The total amount of this Agreement with Conico Toro, Inc. dba MacValley Oil Company shall not exceed $1,540,000 over the entire term of five years if fully extended. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds receiving these services for the City Council’s consideration. Subsequent year allocations for the remainder agreement value will be requested during the annual budget process.
ESTIMATED SPENDING PLAN
Division
Account
Number FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 Total
Environmental
Resources
6313636
-54090 $50,000 $55,000 $55,000 $60,000 $60,000 $280,000 Wastewater -
Treatment
6113614
-52400 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Wastewater -
Operations
6113615
-52400 $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Fleet Services 7413750
-55040 $170,000 $180,000 $180,000 $190,000 $190,000 $910,000 Total $290,000 $305,000 $305,000 $320,000 $320,000 $1,540,000
Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager
ATTACHMENTS
1. Agreement 32500013
2. Presentation
10 TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND
CONICO TORO, INC. DBA MAC VALLEY OIL COMPANY
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Conico Toro, Inc. dba Mac Valley Oil Company (“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. SUM
MARY DESCRIPTION OF SERVICES. This agreement is for the purchase and Delivery of bulk lubricants and antifreeze
2. PA
RTIES.
CI
TY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Conic
o Toro, Inc. dba Mac Valley Oil Company (“SERVICE PROVIDER”), a corporation of the State of California, located at 100 Del Norte Blvd. Oxnard, CA 93030
3. TER
M OF AGREEMENT: From: July 1, 2024 To: June 30, 2025
3.1 Time is of the essence in this Agreement.
3.2 T
he 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 A
ny 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 t he SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.
3.4 A
ll services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
Agreement No. 32500013
11 4. AG
REEMENT AMOUNT NOT TO EXCEED: $1,540,000.
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: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
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, SERVIC E PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Jose Arreola Name: Israel Gomez-Vera
Title: Fleet Services Manager Title: Sales Manager Phone: 805-385-8011 Phone: 805-485-6900 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave., 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.
7.3. All proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.
Agreement No. 32500013
12 7.4 S
ERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices.
10. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of Agreement No. 32500013
13 thos
e Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products pr ovided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
11. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to 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.
12. MODIFICATION OF AGREEMENT.
This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.
13. TERMINATION OF AGREEMENT.
Agreement No. 32500013
14 CI
TY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
14. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, a s to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVI DER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees, subcontractors, 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, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.
15. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall 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.
Agreement No. 32500013
15 16. SA
FETY 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 saf ety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVIC E PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY 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.
17.3. Ownership – Generally. All inventions, discoveri es, 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 Agreement No. 32500013
16 th
at 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.
17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to per form its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
18. ASSIGNMENT.
This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.
SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
Agreement No. 32500013
17 19. NOT
ICE 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 20.
20. 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.
21. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
22. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PRO VIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by l aw, 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 Agreement No. 32500013
18 PR
OVIDER’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 alternati ve dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this 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 al l other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the Agreement No. 32500013
19 amo
unt 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.
24. INSURANCE.
SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS.
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
26. PREVAILING WAGE REQUIREMENTS.
26.1. Application.
The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees.
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of Agreement No. 32500013
20 evadi
ng these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
27. CONFLICT OF INTEREST
S
ERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interes t, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
28. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.
29. SUBCONTRACTING.
If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT Agreement No. 32500013
21 is
fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.
CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to thi s Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the 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.
31. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first mee ting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, 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 Agreement No. 32500013
22 suc
h records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
33. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
34. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees that it is bound by and will comply wit h all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
35. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
36. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
37. SEVERABILITY.
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 Agreement No. 32500013
23 modif
ied, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
38. INTEGRATED AGREEMENT.
This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied 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.
39. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
40. AUTHORITY TO EXECUTE.
Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
41. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature 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.
42. INCONSISTENT OR CONFLICTING TERMS.
In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
Agreement No. 32500013
24 43. AC
KNOWLEDGEMENT.
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]
Agreement No. 32500013
25 In w
itness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.
CITY OF OXNARD CONICO TORO, INC. DBA
MAC VALLEY OIL COMPANY
☐John C. Zaragoza, Mayor1 Date Peter Hong, President Date ☐Jennifer Yates, 2
Purchasing Manager
Chris Do, Controller3 Date
ATTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
Agreement No. 32500013
26 EX
HIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)
SCOPE OF SERVICES
CITY PROJECT MANAGER FOR THIS AGREEMENT: Jose Arreola,
[email protected], 805-385-801
1 Service Provider will provide all referenced bulk lubricant types and antifreeze for the City's current and future tanks. The City shall not be penalized for purchasing more or less than the estimated quantities listed. Fluids shall be ordered and delivered, if delivery is not regularly scheduled, on an "as -needed" basis by means of a phone call to the Contractor. Maximum response time for such delivery shall be 24 hours (not three 8-hour business days) or the next business day. Please contact City staff for a list of City - observed holidays when facilities are closed.
Deliveries shall be made by owned or contract motor carriers. Carriage vehicles shall be fully equipped. It is the responsibility of the Service Provider to supply pumps, hoses, or whatever is needed to appropriately pump the lubricants and antifreeze being delivered. Hoses and all coupler fittings shall be tight when in use. Products that leak from hoses or coupler connections shall be cleaned up and removed by the Service Provider, including products in spill containers.
The annual volumes indicated below are estimates only. The City shall not be penalized for purchasing more or less than the projected volume listed. The City reserves the right to add or delete delivery sites and products as needed during the course of the contract.
Environmental Resources, 111 Del Norte Blvd., Oxnard, CA 93030:
Fluid
Estimated Usage Every
Three Months Equipment
1000 THF Hydraulic Fluid 100 gallons Various
15W40 Engine Oil 100 gallons Various
Red Dye Grease (brand
specific) ¼drum Yellow and Green Iron
Machinery
Red Antifreeze 100% 10 gallons in one -gallon
containers Yellow Iron
Green Antifreeze 100% 10 gallons in one-gallon
containers Forklifts
Chevron 220 Gear Oil
(brand specific)
One (1) 5-gallon bucket
(estimated annual usage)
MRF (Materials Recovery
Facility) Processing
Machinery Gear
Motors
Agreement No. 32500013
27 Fl
eet Services Mechanic Shops at Corporate Yard (1060 Pacific Ave., Bays 2, 6, 8, 15, 18) and Del Norte Shop (111 Del Norte Blvd.), Oxnard, CA 93030:
Fire Station 1 at 491 South K Street, Oxnard, CA:
Fire Station 8 at 3000 South Rose Ave., Oxnard, CA:
Wastewater Treatment Plant at 6001 Perkins Road, Oxnard, CA 93033:
Fluid Type Unit of
Measure
Projected
Annual Volume
Peak Windshield Washer
Fluid
Washer fluid gallons 600 gallons
BioHydran Oil AW32 Bio Hydraulic fluid gallons 2000 gallons Mobil Delvac Synthetic
ATF
Transmission fluid
(must be Allison approved) gallons 330 gallons
Total Trans MDL NA
85W140 GL5
Manual Transmission
fluid/gear oil gallons 50 gallons
Rubia Gas 9M 15W40 Engine oil gallons 1500 gallons
P66 Guardol ECT
15W40
Engine Oil (Synthetic
Blend)
gallons 600 gallons
0W20 Dexos 1 API SP Engine Oil (Full Synthetic) gallons 200 gallons 5W20 API SP GF-6 Engine Oil (Full Synthetic) gallons 500 gallons 5W30 Dexos API SP Engine Oil (Full Synthetic) gallons 300 gallons HD 85W140 EP-5 Differential gear oil 5 gallon pail 100 gallons Multis Complex EP2 Grease 35 lb. pails 1 pail
Multis Complex EP2 Grease 120 lb keg 3 kegs
Multis Complex EP2 Grease 400 lb drum 4 drums
Chevron Delo ELC Extended Life Red
Coolant
gallons 605 gallons
Chevron Delo ELC Green Coolant gallons 200 gallons
Fluid Unit of Measure Projected Annual
Volume
Diesel Exhaust Fluid 55 gallon drum 6 drums or 330 gallons Fluid Unit of Measure Projected Annual
Volume
Diesel Exhaust Fluid 55 gallon drum 4 drums or 220
gallons
Fluid Estimated Annual Usage Equipment
Oil-Pegasus 805* 3,000 gallons Enginators
Oil – Shell Rotella T6 SW40* 10 gallons Enginators
Oil – Pegasus 701* 220 gallons Cat Engines
Oil- 410 NC* 110 gallons EMO Generators
Agreement No. 32500013
28 *
Mobil brand oils or equal
Product Requirements:
• All fluids require specified branded products as indicated or city-approved equivalents. Please provide product data sheets for all fluids listed upon request. Service Provider must furnish, at their own expense, all information necessary as required by the City.
• Service Provider must label all bulk containers and make sure they are accurate and legible at all times.
• Service Provider shall supply oil sampling kits as needed. • Red Dye grease and Chevron 220 gear oil (or equal) shall be delivered to Environmental Services.
• Synthetic transmission fluid for Fleet Services shops is to be Allison- approved.
• Mobil brand oils (or equal) shall be accepted by the Wastewater Treatment Plant.
Delivery Contacts:
• Environmental Resources: Abel Delgadillo
• Fleet Services' Corporate Yard: John Dunn
Del Norte Shop: Tony Lopez
• Wastewater Treatment Plant: Frank Campos
• Fire Stations 1 & 8: Aaron Baker
Delivery Requirements:
• Service Provider shall visit the Fleet Services' Corporate Yard every other week to ascertain lubricant needs and schedule lubricant delivery accordingly in order to maintain tanks at least half full at all times. • Delivery slips for Corporate Yard deliveries shall specify bay numbers and corresponding fluids delivered.
• All other City locations shall have lubricants and antifreeze ordered and delivered on an "as-needed" basis by means of a phone call or e-mail to the contractor. Maximum response time for such delivery shall be 24 hours (not Oil – Delvac 1 ESP* 110 gallons Vehicles
Oil – Delvac 1300 Super* 165 gallons Vehicles
Oil- DTE 25* 550 gallons Various Equipment
Oil- BB* 110 gallons Angle Drives
Oil – Rarus 427* 55 gallons Air Compressors
Oil- Valvoline Non Detergent
SAE 30 ISO 100* 15 gallons Air Compressors
Oil – DTE Extra Heavy* 55 gallons Gear Reducers
Oil – Gear Oil 634* 10 gallons Gear Reducers/Hypoid
Gears
Oil – DTE Light* 55 gallons Bearing Boxes
Agreement No. 32500013
29 three 8
-hour business days) or the next business day. Please contact City staff regarding City- observ
ed holidays when facilities are closed.
• Fl
uids shall be delivered in bulk (no drums) unless otherwise stated. • Contractor shall top off tanks when delivering fluids regardless of quantity ordered.
Billing:
• Payment shall be made for quantities actually delivered and accepted, whether greater or less than ordered amounts.
• Contractor shall leave signed delivery slips with City staff or, in the absence of City staff, at an agreed-upon location.
• Invoices shall detail the date, time, location of delivery, type of fluid, number of lbs./gallons/drums delivered, unit price, and all taxes, fees, and surcharges. For Corporate Yard deliveries, please add bay number(s) and corresponding fluid type(s) delivered.
• The invoice shall be an email attachment in a format recognizable by the City's computer system, e.g., PDF.
• In order for timely invoice payment, invoices shall be received no later than five business days after delivery.
• Invoice payment shall be due net 30 days from the date of the invoice. • Billing contact information: Invoices shall be sent to:
Environmental Resources:
Lucy Hernandez @ [email protected]
Fleet Services Shops (Corporate Yard & Del Norte locations), Fire Station 1 & 8:
Rosanna Hernandez @ [email protected]
Wastewater Treatment Plant:
Maria.Perez @ [email protected]
Agreement No. 32500013
30 E
XHIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. Mac Valley Oil Company)
SCHEDULE OF COMPENSATION
Environmental Resources 111 S. Del Norte Blvd.
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total
Cost
1000 THF Hydraulic
Fluid
$13.59 gallon $0.00 $0.00 $13.59
15W40 Engine Oil $14.75 gallon $0.24 $0.04 $15.03
Red Dye Grease
(brand specific)
$1,584 400lb
drum
$0.00 $0.00 $1,584
Red Antifreeze 100% $13.99 gallon $0.00 $0.00 $13.99
Green Antifreeze
100%
$23.39 gallon $0.00 $0.00 $23.99
Chevron 220 Gear
Oil (brand specific)
$4.49 lb. $0.032 $0.00 $4.522
Fleet Services Shops at 1060 Pacific Ave and 111 S. Del Norte Blvd.
Fluid Cost
Per Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total
Cost
Windshield Washer
Fluid
$3.65 gallon $0.00 $0.00 $3.65
Bio Hydraulic Fluid
AW32
$25.75 gallon $0.00 $0.00 $25.75
Mobil Delvac
Synthetic ATF
Transmission Fluid
(must be Allison
approved
$23.99 gallon $0.24 $0.00 $24.23
Manual Transmission
Fluid/Gear Oil
85W140
$38.59 gallon $0.24 $0.00 $38.83
Engine Oil 15W40
Rubia Gas 9M1540
$18.69 gallon $0.24 $0.04 $18.97
Engine Oil (Synthetic
Blend) 15W40
$17.99 gallon $0.24 $0.04 $18.27
Agreement No. 32500013
31 Engine Oil (Synthetic
Blend) 0W20
$16.75 gallon $0.24 $0.04 $17.03
Engine Oil (Full
Synthetic) 5W20
$12.59 gallon $0.24 $0.04 $12.87
Engine Oil (Full
Synthetic) 5W30
$14.59 gallon $0.24 $0.04 $14.87
Differential Gear Oil
HD 85W140 EP-5
$38.65 5 gallon
pail
$1.20 $0.20 $40.05
EP2 Grease $137.99 35lb pail $0.00 $0.00 $137.99
EP2 Grease $439.99 110 lb.
keg
$0.00 $0.00 $439.99
EP2 Grease $1,584 400lb
drum
$0.00 $0.00 $1,584
Extended Life Red
Coolant
$10.85 gallon $0.00 $0.00 $10.85
Green Coolant $10.85 gallon $0.00 $0.00 $10.85
Oil Sampling Kits Included with the contract (limit 50 per year) $0.00
Wastewater Treatment Plant 6001 Perkins Road
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total
Cost
Oil – Pegasus 805*
Total Nateria MH40
$22.39 gallon $0.24 $0.04 $22.67
Oil – Shell Rotella
T6 5W40* Total
Rubia 1500 5W40
$31.69 gallon $0.24 $0.04 $31.97
Oil – Pegasus 701*
Total Nateria MP40
$22.39 gallon $0.24 $0.04 $22.67
Oil – 410NC* Total
Rubia G6 SAE 40
$21.99 gallon $0.24 $0.04 $22.27
Oil – Delvac 1 ESP*
Total Rubia Opt
1500 5W40 Syn
$25.45 gallon $0.24 $0.04 $25.73
Oil – Delvac 1300
Super* Total Rubia
Optima 15W40 CK-4
$20.15 gallon $0.24 $0.04 $20.43
Oil – DTE 25* Total
Azolla ZS 46AW Hyd
$14.15 gallon $0.24 $0.04 $14.87
Oil – BB* Total
Cirkan R&O 220
$19.59 gallon $0.00 $0.00 $19.59
Oil – Rarus 427* $19.59 gallon $0.00 $0.00 $19.59
Oil – Valvoline Non
Detergent SAE30
ISO 100*
$49.99 gallon $0.00 $0.00 $49.99
Agreement No. 32500013
32 Oil - DTE Extra
Heavy* Total Cirkan
R&O 150
$20.39 gallon $0.00 $0.00 $20.39
Oil – Gear Oil 634*
Total Carter EP 460
GO
$23.69 gallon $0.00 $0.00 $23.69
Oil – DTE Light* $18.29 gallon $0.00 $0.00 $19.29
*Mobil Brand Oils or Equal
Fire Station # 1 491 S. K Street
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total Cost
Diesel
Exhaust
Fluid
$264.99 55 gallon
drum
$0.00 $0.00 $264.99
Fire Station # 8 3000 S Rose Ave
Fluid Cost per
Unit
Unit of
Measure
CA Oil
Recycling
Fee
CA Motor
Oil/Lube
Assessment
Fee
Total Cost
Diesel
Exhaust
Fluid
$264.99 55 gallon
drum
$0.00 $0.00 $264.99
Agreement No. 32500013
33 EX
HIBIT C
TRADE SERVICES AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)
1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approve d 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 you r request or are having difficulty with electronic upload, contact [email protected]
3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance p o licies 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 vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-I 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).
Agreement No. 32500013
34 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4/24
Agreement No. 32500013
35 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed.
Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that 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-I.doc
Agreement No. 32500013
36 SAMPL
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 PER IOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT IFICATE 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
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 TH
EREOF, 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
Agreement No. 32500013
37 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH
OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
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 i nsurance 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 t he company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, 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
Rev. 4/24 INS-I.doc
Agreement No. 32500013
38 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 endorsemen t 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 insurance afforded by this policy shall be primary i nsurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office 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
Agreement No. 32500013
39 Rev. 4/24
EXHIBIT D
TRADE SERVICES AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)
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 servi ces 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.
Agreement No. 32500013
40 CIT
Y 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.
Agreement No. 32500013
41 EX
HIBIT E
TRADE SERVICES AGREEMENT
(CITY of Oxnard and Conico Toro, Inc. dba Mac Valley Oil Company)
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 am ount 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 Titl e 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.
Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program.
Within 60 days after concluding the Project, SERVICE PROVIDER and each of its Agreement No. 32500013
42 subc
ontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PRO VIDER 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 rev iew of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
Agreement No. 32500013
43 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 dam ages, 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.
Agreement No. 32500013
44 IR
AN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pu
rsuant 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): F
ederal 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): F
ederal 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. 32500013
45 Approve Agreement 32500013 with Conico T oro,
Inc. dba MacValley Oil Company for Purchase and
Delivery of Bulk Lubricants and Antifreeze
Public Works and Transportation CommitteeMay 28, 2024City CouncilJune 18, 2024 Jose Arreola
Fleet Services Division Manager
46 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 Agreement 32500013 with Conico T oro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029 for the purchase and delivery of lubricants and antifreeze to various City locations.
Recommendation 2
47 FOR CITY COUNCIL:
That the City Council approve and authorize the Mayor to execute Agreement 32500013 with Conico T oro, Inc dba MacValley Oil Company in the amount not to exceed $1,540,000 for an initial one-year term from July 1, 2024 to June 30, 2025, with the option for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029 for the purchase and delivery of lubricants and antifreeze to various City locations.
Recommendation 3
48 ● The City Public Works Divisions maintain an array of machinery, vehicles and equipment onsite at Fleet Services, Wastewater, and Environmental Resources
● City Divisions have utilized a vendor for the delivery of oil, greases (lubricants) and antifreeze for more than 23 years ● Lubricants and antifreeze are delivered to the following City locations:
• Environmental Resources, 111 Del Norte Boulevard
• Fleet Services Shops, 1060 Pacific Ave and 111 Del Norte Boulevard
• Wastewater Treatment Plant, 6001 Perkins Road
BACKGROUND 4
49 ● In addition, diesel exhaust fluid (DEF) will be delivered to the following Fire Station locations:
• Station 1, 491 S. K Street
• Station 8, 3000 S. Rose Avenue
BACKGROUND 5
50 • On March 5, 2024 the City solicited Request for Bid (RFB) PW24-89 for the purchase and delivery of bulk lubricants and antifreeze to various City sites to support and maintain machinery, equipment and vehicles under their responsibility • The RFB closed on April 4, 2024
• The City received only one responsive bid, Conico T oro, Inc. dba Mac Valley Oil Company
• Upon review by City staff, it was determined that the bid was reasonable compared to prior contract costs.
DISCUSSION 6
51 • City Purchasing Policy allows for the City to enter into a negotiated contract when only one bid is received
• MacValley Oil Company has been the City’s contracted supplier of lubricants and antifreeze for the past five years
DISCUSSION 7
52 • T otal amount of this Agreement with Conico T oro, Inc. dba MacValley Oil Company shall not exceed $1,540,000 over the entire term of five years if fully extended
• Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds
receiving these services for the City Council’s consideration • Subsequent year allocations for the remainder agreement value will be requested during the annual budget process
FINANCIAL IMPACT 8
53 QUESTIONS?
9 54
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: May 28, 2024
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32500017 with GreenCoast Landscapes Inc. for Landscaping Services at Various City Locations. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year option terms, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/1uUWrQNzv6M
BACKGROUND
The landscaping services at several City-owned facilities have been maintained and serviced by an outside contractor. These locations include:
1. Del Norte Recycling and Transfer Station, 111 Del Norte Blvd, Oxnard, CA 93030
2. Oxnard Police Department Sturgis Annex, 3001 Sturgis Road, Oxnard, CA 93030
3. Wastewater Treatment Plant, 6001 Perkins Road, Oxnard, CA 93033
4. Advance Water Purification Facility (AWPF), 5700 Perkins Road, Oxnard, CA 93033
5. Blending Station No. 3, 1700 Solar Drive, Oxnard, CA 93036
6. Water Campus, 251 S. Hayes Avenue, Oxnard, CA 93030
7. Oxnard Transit Center, 201 East 4th Street, Oxnard, CA 93030
Outside vendors are contracted to perform landscape maintenance at the above locations as the locations are not within a public right-of-way, contain areas behind fencing, or are enterprise-funded. Contracting out these locations provides benefits to the City such as providing professional expertise on landscapes and eliminating the need to purchase equipment for these services. The current landscape maintenance services agreement will expire on June 30, 2024.
DISCUSSION
On March 20, 2024, the City released Request for Bid (RFB) No. PW 24-95 for Landscaping Services at Various Locations with bids due on April 11, 2024. The City received five responsive bids. 55 1. Garcia's Landscaping
2. GreenCoast Landscapes Inc.
3. JAS Landscape
4. Mariposa Landscape
5. SGD Enterprises dba Four Seasons
GreenCoast Landscapes Inc. (GreenCoast) was selected as the lowest, responsive bid. On April 15, 2024, the “award notice” was posted on the Public Purchase website. GreenCoast meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.
GreenCoast will provide routine landscape maintenance services to the seven locations listed above at different frequencies based on the needs of the facility. As needed and directed by the City, GreenCoast will also provide additional landscaping services to ensure facilities are properly maintained. These services include but are not limited to additional landscaping clean-up and removal, replacement of existing plantings and modifications to planting beds. These additional services will be utilized only as funding is available and the City deems it in the best interest of that location to ensure appearance and public access are maintained. The additional services may also include unforeseen circumstances that may arise.
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 amount of this Agreement with GreenCoast Landscapes Inc. shall not exceed $1,200,000 over the entire term of five years, if fully extended. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds receiving these services for the City Council’s consideration. Funding sources include: Environmental Resources (Fund 631), Transportation Development Act (Fund 212/Subfund 9040), General Fund (101), Wastewater Operating (Fund 611) and Water Operating (Fund 601). Subsequent year allocations for the remainder agreement value will be requested during the annual budget process.
Division Account FY 24-
25 FY 25-
26 FY 26-
27 FY 27-
28 FY 28-
29 TOTAL
Environmental
Resources
6313630-
53200
$35,000 $36,000 $37,000 $38,000 $39,000 $185,000
Oxnard Transit
Center
90403201-
53200
$52,000 $53,000 $54,000 $57,000 $59,000 $275,000
Police Department 1012111-
53200
$15,000 $16,000 $17,000 $18,000 $19,000 $85,000
56 Wastewater 6113615-
53200
$59,000 $63,000 $65,000 $68,000 $70,000 $325,000
Water 6013600-
53200
$40,000 $42,000 $44,000 $46,000 $48,000 $220,000
Advanced Water
Purification Facility
6013605-
53200
$18,000 $20,000 $22,000 $24,000 $26,000 $110,000
TOTAL $219,000 $230,000 $239,000 $251,000 $261,000 $1,200,000
Prepared by: Brian Yanez, Assistant Public Works Director, Timothy Beaman, Supervising Civil Engineer
ATTACHMENTS
1. 32500017 GreenCoast Landscapes
2. Presentation
57 Agreement No. 32500017
LANDSCAPE MAI
NTENANCE & SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND GREENCOAST LANDSCAPE INC.
By This Landscape Maintenance & Service Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of GreenCoast Landscapes Inc.
(“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 c
onditions herein set forth. CITY and
SERVICE PROVIDER may be indi v idually referred to as “Par ty” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES.
This Agreement is for landscape main tenance and services for various City of Oxnard Facilities.
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 Greencoast Landscape Inc (“SERVICE PROVIDER”), a corporation of the State of California, located at 706 Alosta Dr. Camarillo, CA
3. TERM OF AGREEMENT: From (Date): July 1, 2024 To (Date): June 30, 2025
3.1 Time is of the essence in this Agreement.
3.2 The CITY shall have the option fo r (4) four consecutive (1) one-year extensions, in accordance with t he scope of work and general terms and conditions of the Trade Services Agr eement. 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 da ys written notice to the SERVICE PROVIDER in accordance with Section 13 of this Agr eement. 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.
58 Agreement No. 32500017
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: $ 1,200,000.
5. AGREEMENT EXHIBITS: The following doc uments memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirement s: City Insurance Exhibit INS-D Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. A dditionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Tim Beaman Name: David Sanchez
Title: Assistant Public Works Director Title: Project Manager Phone: 805-385-8141 Phone: 805-504-7379 Email: [email protected] Email:
[email protected]
Mailing Address (if differs from above): Mailing Address (if differs from above):
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be exec uted by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
59 Agreement No. 32500017
7.3. All proof of business lic ense, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform th e 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 wit h the designated City Project Manager set forth in Exhibit A subject to the di rection of the City M anager 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 ins pections with the Service Provider. During the Inspections, the City will compile a lis t utilizing Cappsure It, 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 seven (7) Calendar Days 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 th is agreement, Service Provider shall execute the work identified in the City’s monthly inspection reports within the time identified in the inspection report provi ded 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 execut e the required work under this contract shall subject the Service Provider to a $250.00 Citat ion per occurrence for failure to execute the work identified in the monthly inspection reports, and the Scope of Work and Service
60 Agreement No. 32500017
level documents. Service provider shall not be issued a citation for failure to execute work that is outside the scope of this agreemen t. 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 a nd 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 Sc hedule of Compensation may only be modified by writt en 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 adjustment s, if allowed under this Cont ract, 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 Contra ct 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 porti ons 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 CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for t he month. Invoices may be emailed to:
[email protected].
12.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services per formed within the current fiscal year are within the current fiscal budget and wit hin an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Serv ices beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the
61 Agreement No. 32500017
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 fi nal payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER fo r anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information pr ovided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employ ees, agents and Subcontracted service providers.
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 ex tend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2, then this Agreement shall not be extended.
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
62 Agreement No. 32500017
Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
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 s hall retain the right to exercise full control over the employment, direction, means of perform ance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the per formance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
SERVICE PROVIDER and its employees ar e not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER sha ll not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
17. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be relate d to the performance of dut ies under this Agreement.
SERVICE PROVIDER, at its sole expense, s hall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
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 CI TY’s Code and/or under state law. All work performed
63 Agreement No. 32500017
under this Agreement shall be performed in su ch a manner as to provide safety to the public. The CITY reserves the right to iss ue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful ac ts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operat e as a release of t he SERVICE PROVIDER from such standard of care and workmanship.
19. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all te chnical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and sha ll be entitled to immediate possession of the same upon completion of the work under this Agreemen t, 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 theref rom, 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 ti me and in such form as the CITY may require, furnish reports concerning the st atus of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agr eement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
19.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs devel oped pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PR OVIDER’s copyright or any license granted to CITY, unless otherwise agreed.
19.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduc ed, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
64 Agreement No. 32500017
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 the City’s possession or control under oblig ations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Sect ion 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligati ons pursuant to this Agreement. If SERVICE PROVIDER is granted such 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 disclos e or publish, design data, drawings, specifications, reports, or other informati on pertaining to the projects assigned to SERVICE PROVIDER by the CITY or ot her information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
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 SERVI CE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
20. ASSIGNMENT.
This Agreement is for the non-professiona l services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or bur dens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.
SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assi gn another to supervise the SERVICE PROVIDER's performance of this Agreement wit hout the prior written approval of CITY, by and through the CITY’s Designated Representative.
21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Ag reement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.
The Party charged with breach will have fifteen (15) calend ar days from the date of receiving such notice in which to cure t he breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the
65 Agreement No. 32500017
date on which the breaching Party received not ice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22. NOTICES.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by pers onal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of perso ns to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. COVENANTS AND CONDITIONS.
Each term and each provision of this Ag reement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
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 cov enant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY ’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees ; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
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25.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVI CE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct ob ligation to defend the Indemni tees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVI CE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
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 in spect, review, monitor, or supervise the work performed by SER VICE PROVIDER pursuant to this Agreement. The provisions of this Sect ion shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The SERVICE PROVIDER’s obligations under this Section of the Ag reement 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 Agreem ent, and to indemnify and hold CITY harmless from any and all taxes, assessm ents, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be so lely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, dire ctors, officers, employees, agents and representatives, including co mpliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer- employee relations, as applicable. CITY 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 PROV IDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
26. INSURANCE.
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SERVICE PROVIDER shall obtain and main tain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by th is reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company sa tisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit D”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROV IDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
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 t herein to all of it s employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
28. PREVAILING WAGE REQUIREMENTS.
28.1. Application. The payment of State prev ailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when t he project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees. Please see “Exhibit F” for fu rther information r egarding Prevailing Wage requirements.
28.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is s ubject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
28.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or pub lic works projects for the purpose of evading these prevailing wage requirements.
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 local Living Wage requirements and the requirements of this provision, the wage
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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 completi ng and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenanc e of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
30. IRAN CONTRACTING ACT
In accordance with the Iran Contract Ac t 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 t he City with respect to goods or services of one million dollars ($1,000, 000) or more, must certify, that the CONSULTANT is not identifi ed 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 t he State of California and shall complete the Iran Contract Act Certification attached as “Exhibit G.”
31. DISPUTES.
Except as otherwise prov ided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s De signated Representative shall be final and conclusive unless SERVICE PROVIDER reques ts mediation within ten (10) calendar days. Pending final decision of a disput e, the SERVICE PROVIDER shall proceed diligently with the performance of the Agre ement and in accordance with the decision of the CITY’s Designated Representative.
32. DISPUTE RESOLUTION.
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Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties sha ll meet in mediation within a reasonable time not to exceed forty five (45) days of a reques t. The mediator shall be agreed to by the mediating Parties. In t he absence of an agreement on a mediator, the Parties shall each submit one name from medi ators listed by the American Arbitration Association, the California St ate Board of Mediat ion 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 Part ies. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal ac tion without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a m eeting with the mediator, shall last until agreement is reached by the Part ies but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
33. AUDIT.
CITY shall have the option of inspecti ng, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SER VICE PROVIDER will prompt ly furnish all documents requested by CITY. Additionally , if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs late r. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reim burse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, trav el, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Secti on in all contracts wit h its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcont ractors upon a request by the State Auditor and/or CITY.
34. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall no t use the name of or refe r to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
35. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER shall not unlawfu lly discriminate against any individual based on race, color, religion or religious cr eed, national origin, ancestry, ethnic group
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identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees t hat it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
36. FORCE MAJEURE.
Neither the SERVICE PROVID ER 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 Pa rty’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 interp reted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
38. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such por tion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of th is Agreement will continue in full force and effect and be enforceable.
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 Agr eement. This Agreement shall bind and inure to the benefit of the Parties to this Ag reement and any subsequent successors and assigns.
40. NO THIRD-PA RTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no thir d party or parties shall have any claim or right of action under this Agreement.
41. AUTHORITY TO EXECUTE.
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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 cons titute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwri tten 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 cont radictions or inconsist encies between any attached documents or exhibits incorporated by re ference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
44. ACKNOWLEDGEMENT.
By signing below, SERVICE PROVIDER a cknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.
[Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.
CITY OF OXNARD GREENCOAST LANDSCAPES INC.
☐John C. Zaragoza, Mayor1 Date Juan D. Perez Delgado, CEO Date ☐Jennifer Yates, 2
Purchasing Manager
Jessica K. Jauregui Rivera, CFO3 Date
A T T E S T :
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed per sons are not the appropri ate 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 GREENCOAST LANDSCAPES INC.)
SCOPE OF SERVICES
City Project Managers:
Water Locations: Chris Peyton – [email protected] AWPF: Mike Love – [email protected]
OWTP: Cliff Reilly – [email protected]
Oxnard Police: Sgt. Michael Thomas – [email protected] Environmental Resources: James Torrez – [email protected] Oxnard Transportation Center: Brian Yanez- [email protected]
A. Litter/Debris Control
All areas of maintenance res ponsibility, including paved parki ng which is not “on-street parking” (that is, street parking in front of a City building), driveways, fence lines, drop off areas and parking areas, shall be kept free of all trimmings, grass cuttings, dirt/mud, and litter, including broken glass or other such debris. All trimmings, litter and debris shall be removed and disposed of off-site at Vendor’s expense. Litter/debris pick up and removal shall be done during each service visit and s hall include sidewalks adj acent to areas of responsibility. Curb/gutter areas are to be swept/vacuumed. Special emphasis on the Del Norte facility as this is a Waste Transfer Station and Litter is more prominent.
B. Irrigation
Irrigation shall be performed as required to main tain proper plant growth in all areas.
Watering shall be accomplished at times of the day or night to ensure the health of all plants, and so that the inconvenience to people using the area will be kept at a minimum. Automatic irrigation shall normally take place at night or early morning hours. Any water runoff or overflow onto roadway, sidewalk and hard surfac e areas shall be kept at an absolute minimum so as not to cause any pedestrian and/or vehicular liabilities. An irrigation schedule of all areas shall be submitted to and approv ed in advance by the Project Manager of each Operation quarterly in January, April, July and October. The City reserves the right to require Vendor to change the watering schedule as necessary.
Irrigation water shall be carefully applied and in quantities required by the different plant species, time of the year, and other basic environmental factors. The effect of the watering program shall be checked weekly by Vendor. Vendor shall keep in mind water management and conservation efforts within the City and State of California.
Vendor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts. Included in t he system are: electrical and battery-operated irrigation controllers, remote control valves, all valve boxes, gate valves, quick coupling valves, on- site water main lines, control wiring, lateral lines, all fitting and riser assemblies, hose bibs, sprinkler heads, drains and drain pipes and vandal -proof enclosures. Replacement of any
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irrigation items shall be with the same manufacturer and in accordance with the manufacturer’s installation recommendations unless otherwise approv ed by the Project Manager of each Operation. All other irrigation replacement shall be subject to approval by the Project Manager of each Op eration. Vendor shall respond within 2 business days upon request by the Project Manager of each Oper ation. All irrigation equipment shall be maintained in good working condition and shall f unction properly at all times. Vendor shall regularly inspect irrigation systems with no ti me interval between inspections exceeding seven calendar days. All s upplies, equipment and parts s hall be provided at Vendor’s expense. All irrigation controllers shall be turned off during periods of rain by Vendor, turned on and reprogrammed at the completion of each rainy day.
C. Fertilization
All turf grass shall be fertilized by Vendor si x times a year (July, September, November, January, March, May) on a schedule to be approved by t he Project Manager of each Operation. All shrubbery and groundcover shall be fertilized th ree times a year (October, March and June). Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacturer’s guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be accepted. Immediately following application at each site, the fertilizer shall be thoroughly watered into t he soil. The Project Manager of each Operation shall be notified wit h a written schedule one week prior to the date of the application by Vendor. Such notification will be subject to approval by the Project Manager of each Operation.
The turf grass fertilizer shall be a complete commercial fertilizer, Best Turf Supreme 16-6-8 with micronutrients or approved equal, evenly broadcast at the rate of three (3) pounds per thousand square feet per applicati on. The shrub/groundcover fertilizer shall be an organic type fertilizer, Gro Power Plus 5-3-1 or approved equal, evenly broadcast at the rate of ten (10) pounds per thousand square feet. Any deviation from this schedule requires the written approval of the Project Manager of each Operation. Vendor may be required to deviate from this schedule upon written notification by Project Manager of each Operation.
All palm trees shall be fertilized using a combi nation of blood meal and Agriform (slow release) tablets. Every four months (May, September, January), eight holes which are 2 inches in diameter by 12 inches deep shall be uniformly located around the base of the palm trees, filled with blood meal, then completely wa tered in. Once per year (April), six holes which are 3 inches in diameter by 18 inches deep shall be uniformly located around the base of palm tree, one Agriform tablet placed inside, then completely watered in.
D. Soil Aerification
Vendor shall be responsible for soil aerification for all turf grass areas two times per year, in October and May. Aerification shall be done with a power-driven aerifier using ½-inch coring line. The Project Manager of each Operati on shall be notified with a written schedule one week prior to the date of aerification commencement.
E. Thatch Removal
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Vendor shall be responsible for the removal of thatch buildup in the sod layer one time per year, in October. Thatch removal shall be performed with a power-driver Verti-cutting machine. All grass clippings associated with this process shall be removed from the site and disposed of at Vendor’s expense. The October thatch removal shall precede the October aerification process. This verticutting shall be performed on all turf areas.
F. Herbicide Application
Vendor shall be responsible for the control and elimination of weeds, insects, rodents, diseases and any other pests affecting all plant material. Vendor shall possess all permits, licenses and certificates required by the St ate of California Department of Food and Agriculture, prior to the application of any pes ticide. Any pesticide used shall be listed on the State of California Department of Food and Agriculture’s approved list. All pesticide use reports shall be submitted to the Ventura County Agriculture Commissioner. Vendor will be responsible for obtaining the State-required written recommend ations provided by a state- certified Pest Control Advisor. Recommendations need to be procured prior to application of materials. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Ventura County Ag ricultural Commissioner. In addition, all pesticides used must have the written approval of the Project Manager of each Operation prior to application. Vendor shall notify the Project Manager of each Operation three (3) days prior to application of pesticides. Upon completion of the application, Vendor shall submit to the Project Manager of each Oper ation a copy of all pesticide use reports. Vendor shall provide name and license number of personnel spraying chemicals.
G. Kikuyu Abatement Program
A Kikuyu Abatement Program shall be established by Vendor in accordance with guidelines set forth by the University of California Cooperative Extension Program.
H. Weed Control
All turf grass areas shall be kept weed-free at all times and treated for broadleaf weed control as needed, but a minimum of twice a year in the fall and spring, and with a product to be approved by the Project Manager of each Operation. A ll shrub and flower beds and groundcover areas shall be kept in an aesthetically pleasing condition and free of weeds either manually, with mulch or with chemical s as approved by the Project Manager of each Operation. No chemicals to be used within 15 feet of groundwater wells.
All curbs/gutters, paved walkways/parking lots, stamped concrete, and joints adjacent to landscaped areas, fence lines, light standard bases, tree wells, open/vacant dirt and unpaved areas, buildings and structures, shall be free of all weeds. Pre and post emergent herbicides may be used for weed control upon prior approval of the Project Manager of each Operation.
I. Weed Abatement – THIS IS AN “ON-CALL/AS-NEEDED” SERVICE AND ONLY
PERTAINS TO VACANT DIRT LOTS
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Disc harrow work shall be completed so that a ll weeds, grass, crops or other vegetation or organic material which could be expected to burn, shall be substantially turned under so there is insufficient fuel to sustain or allow the spread of fire.
Removal of additional weeds along fence lines, curbs and gutters may have to be done by hand or mowing operations.
Mowing shall be completed so that weeds, gras s or other vegetation or organic material which could be expected to burn is cut to a height of not more than three (3) inches.
Immediately prior to the commencement of work on each assigned parcel, the Vendor shall digitally photograph said parcel, producing colored phot ographs with the minimum dimensions of four (4) by six (6) inches or digital. Said photographs shall show parcel identification number, dat e photographs were taken and weeks or debris to be abated. A minimum of five (5) photographs shall be tak en to adequately show the condition of the parcel. All photographs shall be taken from a recognizable reference point.
Upon completion of the cleaning of the assigned parcel, Vendor shall ta ke a minimum five (5) digital photographs of the assigned parcel, us ing the same reference point-to-point as used in taking the photographs required in above paragraph. Photographs shall also include parcel identification number and the date photographs were taken.
Vendor shall keep these specified photographs and shall have the photographs available for inspection at all times.
After completion of the abatement of assigned parcels, Vendor shall have ten (10) days to transmit the specified photographs along with the billing invoices for the work performed.
Failure to forward both the photographs and invoic es in the time allotted will result in nonpayment.
Weed abatement services are to be performed during business hours Monday through Saturday from 8:00 a.m. to 5:00 p.m. on an on-call/as needed basis as deemed by the Project Manager of each Operation. De l Norte is closed on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
J. Vertebrate Control
A gopher problem is to be addressed daily until the problem is resolved. Written notification of the type of pesticide to be used and frequency of application must be submitted to the Project Manager of each Operation for approval. All other vertebrate pest problems shall be handled on a case by case basis.
K. Pruning and Edging of Sh rubs, Flowers and Groundcovers
Vendor shall be responsible for the pruning of all shrubs and groundcover. Shrubs shall be pruned as needed for natural shape, pes t control, and safe flow of traffic to the satisfaction of the Project Manager of each Operation. Pruning shall be do ne according to the natural growth of each individual plant to maintain proper plant health by cutting out dead, diseased
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or injured wood and to control growth when an unshapely shrub might result. All plant growth shall be prevented from entering onto walkwa ys, roadways, hard surface areas, and along fences and walls. Faded or dead flower heads or their stalks and plan t leaves shall be removed on a weekly basis. This is of particular concern for such plant types as Agapanthus, Limonium, Morea and Hemerocallis. Removal shall be done in a manner so as not to damage remaining or new flower buds from coming into bloom. Edging shall not be done by chemical methods, unless a growth retardant is approved by the Proj ect Manager of each Operation. Vines on walls shall be maintained at a height even with the top of the wall and at a depth no greater than 4 inches from the wall.
L. Mowing and Edging of Turf
Vendor shall be responsible for mowing and edging all turf grass. The turf grass shall be mowed to maintain a height of no more than 2 inches or less than one inch. Site specific mowing height shall be designated by the Project Manager of each Operation. Mowing shall occur once a week. All turf grass shall be edged along sidewalks and paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods, unless an approved growth reta rdant is authorized by the Project Manager of each Operation. Vendor shall pick up and dispose off site of grass clippings after each mowing operation; or a mulching deck may be utilized upon approval by Project Manager of each Operation.
M. Tree Maintenance
Vendor shall provide proper watering of all trees, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Vendor shall remove or loosen any and all tree stakes and/or ties before damage to the trunk is caused by girdling.
Vendor shall take all precautions necessary to prevent damage to trees by any device used to accomplish the terms of the contract.
Street trees are to be maintai ned with a three (3) foot basin covered with three (3) inches- five (5) inches of mulch. Mulch shall not contact the base of the tree.
Dead or dying palm fronds, fruit clusters and ot her vegetation from t he trunks of all palms shall be removed and disposed of per scheduled visit. Dead or dying palm fronds, fruit clusters and other vegetation from the trunks of all palms shall be removed/pruned such that the remaining cut frond stub is cut as close to the trunk of the palm as possible without cutting into the trunk. Dead or dying palm fronds, fruit clusters and other vegetation from the trunks of all palms shall be disposed of off- site.
Vendor shall be responsible for all current and future trees planted.
N. Landscape Replacement
Landscape areas which fail to perform well and whic h are not the result of Vendor or his maintenance/horticultural practices shall be replanted. These areas shall be identified on a semi-annual basis (twice per year) and submitted in writing to the Project Manager of each
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Operation or his representative for review and authorization for replanting. When authorized by the Project Manager of each Operation or his representative, the work shall be performed by Vendor who then shall be compensated by the City on a time and material basis.
O. As Needed Tasks
Items such as the following may be requi red above and beyond routine tasks: mulch installation/replacement, litter/debris control, irrigation, weed control, vertebrate control, pruning and edging of shrubs, flowers and gr oundcovers, mowing and edgi ng of turf, tree maintenance and landscape replacement. W hen authorized by the Project Manager this Operation or his representativ e, the work shall be perform ed by Vendor who then shall be compensated by the City on a time and material basis.
P. Vandalism, Theft and Graffiti
Vendor shall repair, remove, replace or otherwise correct items affected by vandalism, theft, illegal dumping or graffiti. Such items for repair, removal, r eplacement or other corrective measures resulting from vandalism, theft, illegal dumping, and graffiti include but are not be limited to: shrubs, trees, vines , turf, groundcovers, irrigation controllers, remote control valves, valve boxes, gate valves, quick coupling valves, on-site water main lines, control wiring, lateral lines, fittings, risers, hose bibs, sprinkler heads, enclosures, etc.
Q. Storm Damage
Vendor shall correct and repair all storm dam age incurred throughout the year by trees, shrubs, mud on sidewalks/gutters/etc.
R. Water and Electrical Costs
The City shall be responsible for paying all wate r and electrical costs at the site; however, Vendor shall make every effort to conserve these resources.
S. Inspections
Vendor or representative shall be available to perform regula r inspections of each location with the Project Manager of the Operation or his representative. Inspections shall occur once per month at an agreed upon date and time.
T. Response and Inquiries
Vendor shall be required to respond (within 2 hours) to any inquiries, telephone calls, and emergency situations emanating from City staff. Vendor shall have the ability to be contacted by phone, paging service or portable phone, from his office whenever such situations occur during business hours. Vendor shall have su fficient staff available to respond to emergencies such as emergency tree work, on-site water main break and irrigation failure.
U. Warranties
79 Agreement No. 32500017
Vendor shall warranty all replacement trees, equipment and replacement irrigation items for a period of one year from dat e of installation and all replacement shrubs and groundcovers for a period of 120 days from date of installation.
V. Daily Work Tickets
Vendor shall provide copi es of daily work tickets to respective locations after location has been serviced. Daily tickets should include: number of crew on site, time spent on site, tasks performed. Method of delivery work ticket will be at the discretion of each City site representative, options include but are not limited to email or physical delivery by vendor upon exiting the site.
GENERAL REQUIREMENTS
1. Supervision
a. Vendor will assign a supervisor and lead person to this contract and one or both are required to be present during all scheduled working hours and special work assignments. The lead person is required to speak, read and understand English.
Site supervisor or lead person will carry a cell phone and/or pager by which the City staff will be able to communicate with him/her.
2. Staffing
a. A fully qualified force s hall be maintained throughout the pe riod of the contract with a sufficient number of workers to perform all r equired services in a timely manner. All personnel will receive close and continuing fi rst line supervision. Additionally, all personnel shall maintain a courteous and respectful attitude toward the public at all times.
80 Agreement No. 32500017
3. Employee Conduct
a. Employees of Vendor while performi ng work under this contract will not:
i. Be accompanied in their work ar ea by acquaintances, family members, assistants, or any other pers on unless such person is an on-duty authorized Vendor employee.
ii. Remove any City property or personal property, equipment, monies, form or any other item from the facilities.
iii. Engage in horseplay or loud boisterous behavior.
iv. Be under the influence of alcohol or drugs.
v. Gamble.
vi. Smoke in any building.
vii. Use any City telephone except those designated by the City for purposes of business under this contract, except to report need of medical aid, fire, or need of law enforcement (dial 911).
viii. Have access to City buildings, includi ng restrooms, with the exception to sign in and out as required by the site.
ix. Take extended breaks while at City facilities.
4. Employee Removal
a. The City reserves the right to reject any r epresentative of Vendor’s workforce. It shall be Vendor’s responsibility to replace such rejected workers in a manner that will not affect the execution of the contract responsibilities as specified in the contract document. Vendor shall in no way interpret such removal to require dismissal or other disciplinary action of the employee.
5. Employee Appearanc e and Identification
a. Vendor personnel shall present a neat appearance and be easily recognized as Vendor employees. The Vendor shall prov ide each employee with an identification badge and/or uniform. Long pants are required. No shorts, skirts, or open-toed shoes are allowed.
b. Vendor personnel are requir ed to wear proper personal protective equipment (PPE) at all sites. This includes but is not limited to, high visibility shirt or vest, safety glasses, safety toed shoes, and ear protection.
6. Quality Control Program
a. Vendor shall provide and main tain a Quality Control program for all work specified.
Vendor shall provide a copy of quality control procedures, safety procedures, and improvement programs currently in place.
7. Employment Practices
81 Agreement No. 32500017
a. Vendor shall provide the firm’s employment policies and procedures, as well as any equal employment opportunity and affirmative action policies. In addition, include a summary of the firm’s training and injury/illness prevention programs.
8. Property Damages
a. The Vendor will be responsible for any dam age to facilities or contents during the performance of the cont ract. In the event that there is damage to City property, the Vendor’s supervising employee will immediately report the incident to the appropriate Manager verbally and in writing. Any such damage will be repaired by the Vendor at his/her expense and to the satisfaction of the City.
9. Quantity
a. Exact quantities may vary from the es timates given, and may be increased or decreased to meet the City’s requirements. No minimum is guaranteed.
10. Labor Strike
a. It is the Vendor’s responsibility to provi de continuous maintenance services, without interruption, to all buildings and facilities sp ecified herein. In the event of a labor action, the Vendor shall prov ide other means, at the Vendor’s expense, to provide continuous and comparable service. Failur e to do so will cause the City to take whatever action is necessary to provide the service, with any cost above and beyond the Vendor’s normal rates (which will be deducted from the Vendor’s payment) to the City being borne by the Vendor.
11. Invoicing
a. Separate invoices shall be provided for ea ch operation. Each invoice shall include the following:
12. Days and dates of services
13. Number of employees including employee title
14. Employee rate per hour
15. Equipment rate cost for each site per visit
16. Copies of daily work tickets for each site
a. Eight (8) invoices will be provided as follows:
i. Water Operations – Water Campus and Blending Stations Nos. 2, 3, 4 and 5 ii. Water Operations – Vacant Lot locat ed at 167 S. Hayes Avenue & Vacant Lot under 3rd St bridge, 251 S Hayes Ave, Oxnard, CA 93030
82 Agreement No. 32500017
iii. Recycled Water Operations – Adv anced Water Purification Facility iv. Wastewater Operations – Wastewater Treatment Plant
v. Environmental Resources – Del Norte Regional Recycling and Transfer Station vi. Environmental Resources – Vacant Dir t Lot on corner of Del Norte and Fifth Street
vii. Oxnard Transit Center
viii. Oxnard Police Department Sturgis Annex
83 Agreement No. 32500017
EXHIBIT B
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC.)
SCHEDULE OF COMPENSATION
LOCATION ADDRESS FREQUENCY SECTIONS* Monthly Cost
1. Water Campus 251 S. Hayes Ave Bi-Weekly**
A B C E H K M
N O P Q R S T
U V
$ 1,520.00
2. Water Division Vacant
Lot 167 S. Hayes Ave On-call/As needed Section I only $ 350.00
3. Water Division Vacant
Lot under 3rd St Bridge 251 S Hayes Ave On-call/As needed Section I only $ 400.00
4. Wastewater Treatment
Plant 6001Perkins Rd Three times per week
A B C D E F H J
K L M N O P Q
R S T U V
$ 4,450.00
5. Advanced Water
Purification Facility
(AWPF)
5700 Perkins Rd Bi-Weekly**
A B C D E F H J
K L M N O P Q
R S T U V
$ 1,390.00
6. Blending Station No. 2 1061 Richmond
Ave Once a month A F H O S T V $ 150.00
7. Blending Station No. 3 1700 Solar Dr Bi-Weekly**
A B C F H K M
N O P Q R S T
U V
$ 530.00
8. Blending Station No. 4 3637 N. Rose
Ave Once a month
A B C F H K M
N O P Q R S T
U V
$ 350.00
84 Agreement No. 32500017
9. Blending Station No. 5 980 E. Pleasant
Valley Rd Bi-Weekly**
A B C F H K M
N O P Q R S T
U V
$ 325.00
10. Oxnard Police Dept.
Sturgis Annex 3001 Sturgis Rd Bi-Weekly**
A B C D E F G
H J K L M N O
P Q R S T U V
$ 490.00
11. Oxnard Transit
Center (OTC) 201 E. Fourth St
Twice per week (one day focused on
litter removal and second day
focused on landscaping, weed
abatement and litter removal). Days
must be coordinated and approved
by Project Manager.
A B C D E F G
H J K L M N O
P Q R S T U V
$ 3,750.00
12. Del Norte Recycling
& Transfer Station
111 Del Norte
Blvd Once a week
A B C D E F G
H J K L M N O
P Q R S T U V
$ 1,980.00
13. Vacant Dirt Lot Del Norte/Fifth
St On-call/As needed Section I only $ 1,950.00
14. Hourly Rate Various On-Call/As needed N, O $ 33 /hr
15. Material mark up Va rious On-Call/As needed N, O 15%
Optional Initial One-time site clean up
16. Water Campus 251 S. Hayes Ave One Time $ 2,085.00
17. Wastewater
Treatment Plant 6001 Perkins Rd One Time $ 4,710.00
18. Oxnard Police Dept.
Sturgis Annex 3001 Sturgis Rd One Time $ 1,050.00
19. Oxnard Transit
Center (OTC) 201 E. Fourth St One Time $ 5,210.00
20. Del Norte Recycling
& Transfer Station
111 Del Norte
Blvd One Time $ 2,085.00
21. Advanced Water
Purification Facility
(AWPF)
5700 Perkins Rd One Time $ 1,050.00
85 Agreement No. 32500017
EXHIBIT C
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC.)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSU LTANT/SERVICE PROV IDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the level s listed and in accordance with the other provisions listed in this document.
INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor 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 by Contractor, 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 Servi ces Office Commercial General 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 damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.
Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endo rsements effecting coverage required by this Exhibit INS-D. The certific ates and endorsements for each insurance policy are to be signe d by a person authorized by that insurer to bind coverage on its behalf. Th e certificates and endorsements are to be on the attached forms o r on other 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, co ntact [email protected]
2. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
3. Contractor agrees that the Commercial General Liability and Bu siness Automobile 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 co mpleted operations of Contractor; premises ow ned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special
86 Agreement No. 32500017
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 endors ements (ISO form CG 2010 11/85 or if not avai lable, CG 2010 with an edition date pri or 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-ins urance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is m ade or suit is brought, except 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, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing pa yment of losses and related investigations, claim administrat ion and defense expenses.
6. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
5/24
87 Agreement No. 32500017
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.
Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached 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
88 Agreement No. 32500017
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 PERIO D INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y 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
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
$1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; 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 ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
89 Agreement No. 32500017
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
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 t o 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 oth er insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
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 excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 5/24 INS-D.doc
90 Agreement No. 32500017
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
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 t o 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 oth er insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
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 excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 5/24 INS-D.doc
91 Agreement No. 32500017
EXHIBIT D
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in a ll standard trade services cont racts and all unique trade services contracts governed by the Living Wage Policy.
A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreem ent in accordance with the Living Wage Policy, attached hereto and in corporated herein by refer ence as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that su ch employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to co mpensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D. In addition, if SERVICE PROVIDER 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 su ch fine and penalty wit hin fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
92 Agreement No. 32500017
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreem ent in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such em ployee provides services under this Agreement. This hourly rate shall be adj usted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84= 100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVIDER fails to co mpensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
c. In addition, if SERVICE PROVIDER fa ils to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
93 Agreement No. 32500017
EXHIBIT E
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and re gulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copi es of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply wit h and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the pay ment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcont ractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable
94 Agreement No. 32500017
apprenticeship program. Within 60 days a fter concluding the Project, SERVICE PROVIDER and each of its subcontractors sha ll submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Sect ion 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.
8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless current ly registered and qualified to perform public work pursuant to Labor Code Sect ion 1725.5. SERVICE PROVIDER shall continue without interruption to stay regi stered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to 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 Lab or Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week sh all be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. SERVICE PROVIDER shall be res ponsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SER VICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statut ory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, in cluding without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified
95 Agreement No. 32500017
prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, SERVICE PROV IDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agent s from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their offici als, officers, empl oyees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
96 Agreement No. 32500017
EXHIBIT F
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and GREENCOAST LANDSCAPES INC)
IRAN CONTRACTING ACT CERTIFICATION
SEE NEXT PAGE FOR CERTIFCATION FORM
97 IR
AN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pu
rsuant 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): F
ederal 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): F
ederal 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 ____________
98 Agreement 32500017 with GreenCoast
Landscapes Inc. for Landscaping Services at
Various City Locations
Public Works and Transportation CommitteeMay 28, 2024City CouncilJune 18, 2024 Tim Beaman
Interim Assistant Public Works Director
99 FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:
That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.
Recommendation 2
100
FOR CITY COUNCIL:
That the City Council authorize the Mayor to execute an Agreement with GreenCoast Landscapes Inc. in the amount not to exceed $1,200,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option to extend for four (4) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years for a final term ending June 30, 2029, for landscape maintenance services at various City locations.
Recommendation 3
101
The City has several locations that require landscape maintenance services, which are currently contracted out. These services are provided at the following City locations:
● Del Norte Recycling and Transfer Station, 111 Del Norte Blvd ● Oxnard Police Department Sturgis Annex, 3001 Sturgis Road ● Wastewater Treatment Plant, 6001 Perkins Road
● Advance Water Purification Facility, 5700 Perkins Road ● Blending Station No. 3, 1700 Solar Drive
● Water Campus, 251 S. Hayes Avenue
● Oxnard Transit Center, 201 East 4th Street
BACKGROUND 4
102
● Current landscape maintenance services agreement will expire on June 30, 2024
● Contracting out these locations provides benefits to the City such as providing professional expertise on landscapes and eliminating the need to purchase equipment for these services BACKGROUND 5
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Del Norte Recycling and Transfer Station
BACKGROUND 6
Wastewater Treatment Plant
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BACKGROUND 7
Oxnard Transit Center
Water Campus
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● March 20, 2024: City released Request for Bid (RFB) No. PW 24-95 for Landscaping Services at Various Locations with bids due on April 11, 2024. The City received five responsive bids.
• Garcia's Landscaping
• GreenCoast Landscapes Inc.
• JAS Landscape
• Mariposa Landscape
• SGD Enterprises dba Four Seasons
● GreenCoast Landscapes Inc. (GreenCoast) was selected as the lowest, responsive bid
● GreenCoast meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.
DISCUSSION 8
106
• GreenCoast will provide routine landscape maintenance services to the seven locations listed above at different frequencies based on the needs of the facility
• As needed and directed by the City, GreenCoast will also provide additional landscaping services to ensure facilities are properly maintained
• These services include but are not limited to additional landscaping clean-up and removal, replacement of existing plantings and modifications to planting beds.
• These additional services will be utilized only as funding is available and the City deems it in the best interest of that location to ensure appearance and public access are maintained.
DISCUSSION 9
107
• T otal amount of this Agreement with GreenCoast Landscapes Inc. shall not exceed $1,200,000 over the entire term of five years if fully extended
• Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from various funds
receiving these services for the City Council’s consideration • Subsequent year allocations for the remainder agreement value will be requested during the annual budget process
FINANCIAL IMPACT 10
108
QUESTIONS?
11 109
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.3
DATE: May 28, 2024
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Second Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Carts and Parts. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement No. A-8368 with Toter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/RyHibIzutLQ
BACKGROUND
In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organics) to approximately 34,000 residential customers in the City of Oxnard (City), the Environmental Resources Division (ER) must maintain a sufficient inventory of carts, lids and parts. Since 2011, the ER has standardized the use of Toter-manufactured for residential carts.
In lieu of issuing a formal request for bid, staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance program that enables government agencies to simplify and accelerate their procurement processes through competitive, pre-negotiated contracts. The City acquired new residential carts and parts through Sourcewell contract #041521-TOT.
On November 16, 2021, the City Council approved Agreement A-8368 with Toter in the amount not to exceed $750,000 for a three-year term ending December 31, 2024 for the purchase of residential carts and parts. On June 29, 2023, the City Council approved a First Amendment to Agreement No. A-8368 for a new total not to exceed $1,525,000 and to extend the term ending from December 31, 2024, to May 28, 2025.
Below is a history of Agreement A-8368 and the amendments:
Table 1
AGREEMENT A-8368 COUNCIL DATE CUMULATIVE AMOUNT TERM DATE 110
Original Agreement November 16, 2021 $750,000 December 31, 2024 First Amendment June 29, 2023 $1,525,000 May 28, 2025
Second Amendment* June 18, 2024 $2,085,000 May 28, 2025 *Pending City Council action
DISCUSSION
The ER Division is responsible for the maintenance and repairs of approximately 102,000 residential carts.
These carts are being replaced or repaired due to normal wear and tear. This Second Amendment allows the Environmental Resources Division to continue to fulfill customer work orders for the replacement and repairs of carts and lids. Unrepairable carts and lids are recycled and sold for scrap value.
It should be noted, Toter, LLC warrants its wheeled carts for normal and intended use and service against operational failure caused by proven defective material or workmanship as follows: for the Rotomolded Container Body (refuse, recycle and organic carts) the warranty period is twelve (12) years from the date of original purchase; and ten (10) years from the date of purchase for all other standard components (wheels, bars, lid straps, etc). Toter's warranty equally covers Toter Containers molded of either virgin resign or recycled content plastic materials. ER staff documents, takes photos, and submits Toter warranty items on a quarterly basis. Labor and installation are specifically excluded from this warranty.
Toter, LLC meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.
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
The cost of this Second Amendment to Agreement No. A-8368 with Toter is $560,000 for a total new agreement value of $2,085,000. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631 (6313632-52400) for the City Council’s consideration.
Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager
ATTACHMENTS
1. A-8368 Second Amendment
2. A-8368 Toter Original Agreement and First Amendment
3. Presentation
111
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) Agreement No. A-8368
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment (“Second Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Toter, LLC (“Vendor”). This Second Amendment amends the Agreement entered into on November 16, 2021, by City and Vendor. The Agreement previously has been amended on June 29, 2023, by a First Amendment.
City and Vendor agree as follows:
1. The amount in Section 6 of the Agreement is hereby amended to “$2,085,000.”
2. As so amended, the Agreement remains in full force and effect.
[Signatures on next page]
112
Agreement No. A-8263
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD TOTER, LLC
☐John C. Zaragoza, Mayor1 Date Laura P Hubbard, Date ☐Jennifer Yates, Purchasing Agent 2 Director of Municipal Sales
Brittani Whitman , 3 Date
Vice President, Finance
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. 113
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SECOND AMENDMENT TO AGREEMENT
A-8368 WITH TOTER, LLC FOR
REPLENISHMENT OF CURBSIDE CARTS AND
PARTS
Public Works and Transportation Committee, May 28, 2024 City Council, June 18, 2024
Eric Zetz
Environmental Resources Division Manager
160
Recommendation
2 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 a Second Amendment to Agreement No.
A-8368 with T oter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.
161
Recommendation
3 FOR CITY COUNCIL:
That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement No. A-8368 with T oter, LLC in the amount of $560,000 for a new total not to exceed $2,085,000 for the replenishment of curbside carts and parts.
162
Background
4 ● In order to provide uninterrupted, weekly collection of refuse, recyclables and green waste (organic) to
approximately 34,000 residential customers the
Environmental Resources Division (ER) must maintain a
sufficient inventory of carts, lids and parts
● On November 16, 2021 Council approved Agreement
A-8368 with T oter, LLC for the purchase of residential carts and parts
● On June 29, 2023 Council approved a First Amendment for a new total not to exceed $1,525,000 extending term from
December 31, 2024 to May 28, 2025.
163
Background
5 ● Staff utilized the City of Oxnard’s membership in Sourcewell, a National Intergovernmental Purchasing Alliance for new
residential containers and parts through contract
#041521-TOT
● T oter, LLC meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State
164
Discussion
6 ● ER Division is responsible for the maintenance and repairs of approximately 102,000 residential containers
● T oter warrants its wheeled carts (refuse, recycle and organics) for normal and intended use and service against operational failure
○ 12 years for carts
○ 10 years for all other standard components (Wheels, bars, lid straps, etc.)
○ Staff reconciles T oter warranty items on a quarterly basis 165
Discussion
7 ● Below is the history of Agreement A-8368 and the
amendments:
AGREEMENT
A-8368
COUNCIL DATE CUMULATIVE
AMOUNT
TERM DATE
Original Agreement November 16, 2021 $750,000 December 31, 2024 First Amendment June 29, 2023 $1,525,000 May 28, 2025
Second Amendment* June 18, 2024 $2,085,000 May 28, 2025 *Pending City Council action
166
FINANCIAL IMPACT
8 ● Cost for this Second Amendment with T oter is $560,000 with a total not to exceed $2,085,000
● Agreement No. A-8368 with T oter is $560,000 for a total new agreement value of $2,085,000
● Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the
Environmental Resources Fund 631 for the City Council’s consideration
167
Questions?
168