Agenda packet — Oxnard City Council, June 27, 2024 (part 3 of 3)

City of Oxnard in City vehicles from 5:30 am to 5:00 pm Monday through Saturday except for City holidays when collection services are not provided.

Service Provider’s operating schedule for the processing of organic materials is independent of the requirement to receive materials delivered by the City and shall be at Service Provider’s sole discretion. Service Provider shall not allow unprocessed materials to accumulate in volumes not consistent with the operating permits for the facility that could result in City materials not being accepted for delivery.

Service Provider’s operating schedule for the sale and delivery of qualified recovered organic waste products shall be at Service Provider’s sole discretion.

RESIDUALS MANAGEMENT

Service Provider is responsible for the cost of containing, hauling and disposing of residuals processed from organic materials delivered by City. If Service Provider’s facility site is located in Oxnard, the City will be responsible for placing a roll -off container at the site for regularly scheduled container removal and empty. Service Provider shall pay rates for roll -off container services as established in City Ordinance for solid waste system charges and user fees. The City shall haul from Service Provider’s facility site and shall deliver these residuals to the Station.

City shall use its reasonable efforts to minimize and reduce the amount of residuals (up to 1%) sent to Service Provider, including public awareness and education, mailers, to its residents and similar notices.

The City does not have rates established for the collection, transport and disposal of residual materials from properties outside its city limits. If Service Provider’s processing facility is located outside of City of Oxnard’s city limits, Service Provider will not be able to use City collection services for residuals hauling and disposal services. Service Provider may direct haul residual with their equipment from its facility to the Station

COMPENSATION AND PAYMENT METHOD

Tipping fees will be paid on a per ton basis for organic materials delivered for processing in City vehicles. Service Provider shall retain any proceeds from the sale of products, resulting from the processing of materials delivered by the City. Service Provider shall provide in their proposal the tip fee of organic materials to include yard trimmings, wood waste and food waste on a per ton basis that City delivers to Service Provider’s facility site.

Service Provider shall provide in their proposal the set discounted fee for qualified mulch and compost. The City will pay delivery fees for qualified products purchased for use at City properties or drop-off giveaway events. Residents and direct service providers will be responsible for their own delivery fees. Service Provider shall provide in their proposal fees for delivering qualified products within the City of Oxnard.

Service Provider agrees to accept the above referenced fees as full payment for Service Provider’s services, including the handling of organic materials, sale and delivery of qualified products and 355
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marketing or cultivating for agricultural purposes of processed organic materials. Service Provider is responsible for all expenses associated with processing or diversion of the organic materials including residual material, waste control fees and integrated waste management planning fees imposed by the County of Ventura or physical damage to Service Provider’s equipment caused by processing organic materials delivered from City.

Service Provider shall submit to City a bi-weekly invoice for all organic materials delivered by City in the previous two week period, in a form satisfactory to City. Invoice information shall include daily dates of delivery by each truck, truck number, weight ticket number, weight of delivered yard waste and wood materials, total cost of delivered load, summary totals such as number of truck deliveries, total weight, weight/ton and tip fee itemization of yard trimmings wood waste and food waste material and total invoice amount due. City shall pay Service Provider within 30 days of receipt of an invoice.

Service Provider shall submit to City a bi-weekly invoice for all qualified products purchased by City in the previous two week period, in a form satisfactory to City. Invoice information shall include date of delivery/pick-up, weight/volume of qualified product, description of qualified product, delivery fees when applicable, total cost of purchased qualified product, summary totals such as number of truck deliveries/pick-ups, total weight, weight/ton and product fee itemization and total invoice amount due. City shall pay Service Provider within 30 days of receipt of an invoice.

Service Provider shall submit bi-weekly invoices for organic materials delivered from City vehicles and qualified product purchases to: City of Oxnard Del Norte Regional Recycling & Transfer Station, 111 South Del Norte Boulevard, Oxnard, CA 93030. Attention: Eric Zetz, Environmental Resources Division Manager.

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

SCHEDULE OF COMPENSATION

For yard trimmings, wood waste, and food waste delivered by the City to Service Provider containing less than one percent (1%) residuals. The City intends to supply Service Provider with all its collected yard trimmings, wood waste, and food waste. The total estimated annual collected volume of yard trimmings is 12,830 tons, wood waste 2,950 tons, and food waste 1,375 tons.

WASTE MATERIALS FOR PROCESSING COST PER TON DELIVERED BY CITY

TO SERVICE PROVIDER (TIP FEE)
Yard trimmings such as yard clippings, leaves,
tree trimmings, pruning, brush and weeds $61.94
Wood Waste such as wood pieces or particles
from manufacturing of wood products,
harvesting, processing or storage of raw
materials, construction and demolition
activities
Agromin Organics Recycling Compost
Facility
$61.94
Simi Valley Landfill
$83.45
Food Waste such as waste material of plant or
animal origin that results in the preparation or
processing of food for animal or human
consumption
$128.50

The City will only pay delivery fees for qualified products purchased for use at City properties or drop-off giveaway events. The billing rate is all-inclusive. The billing rate includes all costs necessary.

MATERIALS PRICE

PER TON

DISCOUNT

PERCENTAGE
PRICE

PER TON

TO CITY
SB 1383 Qualified Mulch $60.00 50% $30.00
SB 1383 Qualified Compost $30.00 50% $15.00
Lawn Topper Mix & 50/50 Soil Blend $60.00 50% $30.00

MATERIALS OR SERVICES PRICE PER TRUCKLOAD
Delivery to City property or drop-off event $75.00
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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

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.

Exhibit INS-B

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT ERRORS AND OMISSIONS REQUIREMENT)

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

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

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto”;

c. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled 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. Consultant agrees that the commercial general liability and business 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 Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-B or substitute forms containing the same information and 358
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acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available. CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance 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 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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 notes 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.

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SAMPLE

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

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

OTHER

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured
Retention (check which) of $
with an Aggregate of $
applies to
coverage. Per Occurrence
Per Claim
(which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

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:

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

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

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

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

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

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

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or 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

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY. This insurance pertains to 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, prod ucts and activities performed by or on behalf of the named insured.

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

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

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limi ts 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:

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or 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

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EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

LIVING WAGE POLICY
______________________________________________________________________

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

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $ 18.89 per hour for each hour that such employee provi des 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 Ci ty Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

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

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

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 Chapt er 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 s hall 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. 365
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Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROV IDER 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 i s 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 S ection 1810.

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

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

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

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omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

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EXHIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

IRAN CONTRACTING ACT CERTIFICATION
______________________________________________________________________

368
Agreement No. 32500006

Page 33 of 33 ends

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

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

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

369
Agreement 32500006 with California Wood Recycling,
Inc. dba Agromin (Agromin), for Organic Waste
Recycling Services at Agromin Facilities
Public Works and Transportation Committee – May 14, 2024City Council - June 27, 2024Eric ZetzEnvironmental Resources Division Manager 370
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with 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.

Recommendation 2
371
FOR CITY COUNCIL:

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.

Recommendation 3
372
Del Norte Regional Recycling and Transfer Station
• Organic Waste includes yard waste, wood waste and food waste • 22,000 tons of inbound organic waste is received annually • 17,400 tons of the 22,000 tons is recycled (13,000 yard waste, 3,000 wood waste, and 1,400 food waste)
BACKGROUND 4
373
BACKGROUND 5
The City has contracted with Agromin for organic waste
processing since 1996
● Yard waste is hauled to Agromin Organics Recycling at Limoneira Farms in Santa Paula
● Wood waste and food waste are hauled to Agromin
Organics Recycling located on the same property as Simi Valley Landfill
374
• Current agreement with Agromin expires June 30, 2024
• On February 5, 2024 RFB #ER 24-81 to solicit bids from vendors for organic material recycling services
• Posted on City’s website and www.publicpurchase.com
• March 5, 2024 RFB deadline - City received only one
qualified bid from Agromin
• Agromin was determined to be the lowest most responsive bidder
• Agromin meets all City contractual requirements
DISCUSSION 6
375
Agromin bid the following:

DISCUSSION 7

WASTE MATERIALS FOR PROCESSING COST PER TON DELIVERED BY CITY TO

SERVICE PROVIDER (TIP FEE)
Yard trimmings such as yard clippings, leaves,
tree trimmings, pruning, brush and weeds
$61.94
Wood Waste such as wood pieces or particles
from manufacturing of wood products,
harvesting, processing or storage of raw
materials, construction and demolition
activities
Agromin Organics Recycling Compost
Facility
$61.94
Simi Valley Landfill
$83.45
Food Waste such as waste material of plant or
animal origin that results in the preparation or
processing of food for animal or human
consumption
Simi Valley Landfill
$128.50
376

• The new RFB scope of work in the agreement will also allow the City to purchase mulch and compost from Agromin at a discounted rate
• SB 1383 requires all jurisdictions in California to annually procure a target amount of recovered organic waste products, such as mulch or compost
• The City’s annual recovered organic waste product
procurement target is calculated by CelRecycle every five years and is based on the City’s population
• City’s annual procurement target to be 16,374 tons for calendar year 2022 through 2026
DISCUSSION 8
377

• Agromin will be responsible for tracking the City’s compliance with SB 1383’s recovered organic waste product procurement • Mulch and compost will be purchased by the City at a discounted rate
• A City-wide mulch and compost giveaway program for residents will be created by ER staff and executed by Agromin
• Agromin will be responsible for promoting the City’s residential compost and mulch giveaway program
DISCUSSION 9
378

• Agromin will also be responsible for assisting the City to meet its annual procurement target
• Agromin will be providing input to the City’s educational programs designed to reduce contamination in the organic waste stream
• Agromin will assist with outreach and promotional efforts to increase the amount of organic waste recycled by residential and commercial customers.

DISCUSSION 10
379
Agromin costs for mulch, compost and soil, including delivery:

DISCUSSION 11

MATERIALS PRICE PER TON DISCOUNT

PERCENTAGE

PRICE PER TON TO CITY
SB 1383 Qualified Mulch $60.00 50% $30.00
SB 1383 Qualified Compost $30.00 50% $15.00
Lawn Topper Mix & 50/50 Soil Blend $60.00 50% $30.00

DELIVERY OF MATERIALS PRICE PER TRUCKLOAD
Delivery to City property or drop-off events $75.00
380
• If the term options are fully utilized, the total cost of the purchase order with Agromin, the total cost for this agreement for organic waste recycling services from July 1, 2024, through June 30, 2029, shall not exceed $9,000,000
• 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 • Subsequent year allocations will be requested during the annual budget process
FINANCIAL IMPACT 12
381

QUESTIONS
13 382

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5

DATE: June 27, 2024

TO: City Council

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

SUBJECT: Fifth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Fifth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $615,000 for a new total not to exceed $5,078,035 for an additional period of 12 months, ending on June 30, 2025, for the rental of refuse collection vehicles.

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 6, 2023.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lSG041xTD9E

BACKGROUND

On June 30, 2020, the City Council approved Agreement A-8221 with Amrep U.S.A, Inc. (Amrep) in the amount of $621,600 through June 30, 2021 for the rental of seven refuse collection vehicles (residential automatic side loaders and commercial front loaders) for ER. On October 20, 2020, Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR). Below is the history of Agreement A-8221 and the prior approved amendments:

Table 1

Agreement A-8221 COUNCIL DATE CUMULATIVE AMOUNT TERM DATE Original Agreement June 30, 2020 $621,600 June 30, 2021 First Amendment June 15, 2021 $1,243,200 June 30, 2022
Second Amendment December 20, 2021 $1,707,200 June 30, 2022 Third Amendment June 21, 2021 $3,168,800 June 30, 2023
Fourth Amendment June 6, 2023 $4,463,035 June 30, 2024
Fifth Amendment June 27, 2024* $5,078,035 June 30, 2025 *Pending City Council action
383
This Fifth Amendment allows for the continued use of rental collection vehicles to fill in for unforeseen vehicle breakdowns, repairs, mandatory Department of Transportation (DOT) inspections, and routine maintenance for the existing fleet. Additionally, rental vehicles provide capacity support in compliance with the State’s SB 1383 mandate to collect residential and commercial organic waste.

DISCUSSION

ER is requesting to amend the contract with BTR for an additional 12 months due to the aging fleet of refuse collection vehicles. This will allow for uninterrupted daily refuse collection services for residential and commercial customers.

Consistent with the recently completed ER Cost of Service Study (COS), it is anticipated that revenue will be generated from Fiscal Years 2024-25 to 2028-29 to facilitate the acquisition, lease-purchase, or leasing of refuse collection vehicles to replace those that have reached the end of their operational life. Our team will conduct a thorough analysis to determine the optimal choice, prioritizing cost-effectiveness. The COS assumed an 8-year replacement strategy for refuse collection vehicles.

Currently, there are 17 refuse collection vehicles that have more than 100,000 miles and average over 21 years of in- service use. These 17 refuse collection vehicles were purchased for $2,421,088 and to date, over $10M has been spent on labor and parts to keep them operable. These vehicles are extremely complex, with several mechanical, electrical, and hydraulic systems requiring upkeep and repairs. These systems are used repetitively throughout the daily use of these vehicles, resulting in significant wear on the parts. The cost to maintain them typically becomes higher the older they get and the time it takes to repair them gets extended. As such, ER may rent 5 to 10 vehicles per month depending on the status of operating refuse collection vehicles. The Amendment also allows the return of any of the refuse collection vehicles on an as-needed basis, and without monetary penalty from BTR.

This agreement allows for the flexibility and ability to rent vehicles while other ER vehicles are taken out of service for maintenance or repairs.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

This Fifth Amendment to Agreement A-8221 with BTR is $615,000 for a total new agreement value of $5,078,035. The rent cost is per vehicle per month. The estimated spending plan for FY 2024-25 is $1,075,200 utilizing the amount of the Fifth Amendment of $615,000 and $460,200 of unused-available in the agreement’s existing value. Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631, as shown below, for the City Council’s consideration.

Estimated Spending Plan
ER Fund/Account FY 2024-25
6313632-57000 $820,800
6313633-57000 $254,400
TOTAL $1,075,200

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 6, 2023.
384

Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager

ATTACHMENTS

1. A-8221 - Fifth Amendment

2. Agreement A-8221 through Fourth Amendment to Agreement

3. Assignment and Assumption

4. Presentation

385

FIFTH AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) Agreement No. A-8221

FIFTH AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT

This Fifth Amendment (“Fifth Amendment”) to the Master Equipment Lease/Rental 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 Big Truck Rental, LLC (“BTR”). This Fifth Amendment amends the Agreement entered into on June 16, 2020, by City and BTR. The Agreement previously has been amended on June 15, 2021, by a First Amendment, on December 21, 2021, by a Second Amendment, on June 21, 2022, by a Third Amendment, and on June 20, 2023, by a Fourth Amendment.

City and BTR agree as follows:

1. All references to Exhibit C everywhere it is listed in the Agreement is hereby amended to Exhibit C-1. The Exhibit C is hereby disincorporated and replaced with Exhibit C-1, which contains the current rental rates, vehicle identification information and use miles and hours. Exhibit C is attached and incorporated by this reference as though fully set forth herein.

2. The term of the Agreement shall be extended for an additional twelve (12) months, effective July 1, 2024, through June 30, 2025, no further extensions shall be granted. The vehicle lease terms and rates as set forth in Exhibit C-1 operation on a month to month basis.

3. The value of the original agreement and all the amendments, including this amendment, shall not exceed $5,078,035.00.

4. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
386
Agreement No. A-8221

FIFTH 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 BIG TRUCK RENTAL, LLC

☐John C. Zaragoza, Mayor1 Date Scott Smith, Date ☐Jennifer Yates, Purchasing Agent 2 Director of Municipal Sales

Eric Voss, 3 Date
ATTEST: Vice President, Sales

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. 387

BTR SUPPLEMENTAL AGREEMENT
$89,600.00Total Amount Due
$0.00Total Security
$89,600.00Order Subtotal
805-417-7374Shipping Mobile
805-385-8011Shipping Phone
[email protected] Email
1060 Pacific Avenue Building 2
Oxnard CA 93030
United States
Shipping Address
Jose ArreolaShipping Contact
City of OxnardRental Customer
805-340-8365Billing Mobile
805-385-8071Billing Phone
[email protected] Email
111 S Del Norte Blvd
Oxnard CA 93030
Billing Address
Grant DunneBilling Contact
City of OxnardBilling Customer
00043481Quote Number
[email protected]
4/22/2024Created Date
Brianna ArthurPrepared By
4221 W. Boyscout Blvd
Suite 400
Tampa, FL 33607
Company Address

CUSTOMER INFORMATION
Product Details
Asset
Number Year Chassis
Make
Chassis
Model Chassis Vin Product
Family
License
Plate Miles Hours Truck
Location
2022056 2023 Mack Terrapro 64R 1M2TE1GC3PM009665 Front Loader DD16CZ 2,210 84 Oxnard, CA 2022059 2023 Mack Terrapro 64R 1M2TE1GC0PM009672 Front Loader DD17CZ 2,400 86 Oxnard, CA 4021084 2022 Mack LR 64R 1M2LR2GCXNM005393 Front Loader DD17CW 18,446 1,653 Oxnard, CA 4021122 2022 Peterbilt 520 3BPDLK0X6NF112327 Front Loader DD59CW 5,226 523 Oxnard, CA 4022086 2023 Mack LR 64R 1M2LR1GC9PM006967 Front Loader DD66CY 18,599 1,554 Oxnard, CA 4023062 2024 Mack LR 64R 1M2LR2GC3RM008707 Front Loader DD85DB 0 0 Oxnard, CA 4023072 2024 Mack LR 64R 1M2LR2GC6RM008717 Front Loader DD84DB 3,260 252 Oxnard, CA 4023121 2024 Peterbilt 520 3BPDLK0X6RF116738 Front Loader DD95DB 0 0 Oxnard, CA Pricing Details
Asset Number Line Item Description Quantity Sales Price Total Product Price 2022056 COMPLETE FLEET FL ONGOING 4.00 $2,650.00 $10,600.00 2022059 COMPLETE FLEET FL ONGOING 4.00 $2,650.00 $10,600.00 4021084 COMPLETE FLEET FL ONGOING 4.00 $2,850.00 $11,400.00 4021122 COMPLETE FLEET FL ONGOING 4.00 $2,850.00 $11,400.00 4022086 COMPLETE FLEET FL ONGOING 4.00 $2,850.00 $11,400.00 4023062 COMPLETE FLEET FL ONGOING 4.00 $2,850.00 $11,400.00 4023072 COMPLETE FLEET FL ONGOING 4.00 $2,850.00 $11,400.00 4023121 COMPLETE FLEET FL ONGOING 4.00 $2,850.00 $11,400.00

RENTAL CONTRACT PRICING SUMMARY
EXHIBIT C-1
388

BTR SUPPLEMENTAL AGREEMENT
PURCHASE ORDER #:\purchaseorder_1\CUSTOMER NAME:
\co1\
MASTER RENTAL AGREEMENT: This document supplements the Master Rental Agreement, which the Customer signed and is subject to all provisions therein.

This Supplemental Rental Agreement utilizes the insurance information provided in the Master Rental Agreement. Customer isINSURANCE:
required to provide continued proof of insurance at the inception of this Supplemental Rental Agreement and through the duration of the same.

Customer is to use the Vehicle for a maximum of one-shift, which is defined as not more than 50 hours per week. If CustomerRENTAL RATE:
uses the Vehicle beyond one-shift, Customer agrees that it will pay an additional charge for such use. The additional charge shall be calculated in the following manner: (a) If the Customer uses the Vehicle more than 50 hours per week but less than 80 hours per week, then Customer shall pay an additional charge equal to one-half (½) times the Rental Rate; (b) If the Customer uses the Vehicle 80 or more hours per week, then Customer shall pay an additional charge equal to one (1) times the Rental Rate.

Customer is responsible for all routine maintenance of the truck and body while it is in the care and control of the Customer.MAINTENANCE:

Refer to Section 6 of the Master Agreement for detailed responsibility.

Customer will be back billed for any damage to the rented property which Big Truck Rental determines to be beyond normal wearDAMAGE:
and tear. In addition, if the damage to a rented vehicle prevents Big Truck Rental from reletting the vehicle resulting in additional downtime and lost rental revenue for Big Truck Rental, then this Supplemental Rental Agreement shall automatically extend and Customer shall be billed for a reasonable period of time with which to make the necessary repairs. The customer is responsible for collection of prepaid security deposit.

Uncollected security deposits older than one year, will be forfeited.

As a tire is a consumable item, Big Truck Rental documents the condition of the tires on its trucks at the inception of the rental and atTIRES:
the time that the truck is returned. It is the Customer's responsibility to assure that the tires are in substantially the same condition at the end of the rental as when the truck is received by the Customer. Tires worn substantially more at the time they are returned than at the rental inception shall be back billed. In addition, any Non-Steer Tires(s) replaced during the duration of the rental period shall be replaced with a recappable casing. All Steer Tires must be replaced with a virgin tire. No exceptions. If Customer fails to replace the tire(s) as outlined herein, Big Truck Rental shall back bill for the cost of replacing said tire(s). Any casing deemed un-recappable by our tire vendor will be back billed.

Short-term rentals are not subject to IFTA, all fuel tax and the reporting thereof is the responsibility of the renter. Any violations or finesFUEL:
of that nature are the responsibility of the Customer.

All trucks rented from Big Truck Rental are owned by Big Truck Rental. Customer shall not cover or remove any truckGOVERNMENT:
identification, other than DOT numbers. Big Truck Rental's vehicles are legally licensed on the federal highways of 48 states, however, any state or local permits for state or county road use and waste pick up and/ or disposal are the sole and absolute responsibility of the Customer.

Customer agrees Big Truck Rental is not the motor carrier operator and will display customer's DOT number as required by law.

By execution of this Rental Agreement, Customer acknowledges that the Vehicle described herein is rented to and in accordance with the terms, conditions, and provisions of the Master Rental Agreement and Rental Extension Agreement previously signed by the Customer and also those terms found in this Supplemental Rental Agreement. Customer evidences such knowledge by signing below.

Pricing shown reflects the 4 week rental rate for
trucks that are currently on rent with City of
Oxnard and is based on OMNIA Partners
national cooperative contract #2019000319.

Pricing is based on 12 month extension starting
July 1, 2024 through June 30, 2025 and trucks
will be billed in 30 day increments throughout the
contract.

Special Terms
$0.00Total Transportation
Cost
Deposit
NOTES/EXPLANATION OF ADDITIONAL COSTS:

RENTAL REMINDERS

CUSTOMER
389

BTR SUPPLEMENTAL AGREEMENT
DATE: \d1\
_____________________________________________
TAX ID #: _____________________________________________ STATE: \state_1\
_____________________________________________
_ ______ Initial here acknowledging you have read Section 6 on\i1\ maintenance responsibility in the Master Agreement.

Please sign quote and email to [email protected] fax to .(813) 261-0821

___________________________________________

BY:
\s1\
___________________________________________
(Signature)
PRINT NAME:
\n1\
___________________________________________
TITLE:
\t1\
___________________________________________

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FIFTH AMENDMENT TO AGREEMENT A-8221

WITH BIG TRUCK RENTAL, LLC FOR RENTAL

OF REFUSE COLLECTION TRUCKS
City Council
June 27, 2024
Eric Zetz
Environmental Resources Division Manager
427
That the City Council approve and authorize the Mayor to execute a Fifth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $615,000 for a new total not to exceed $5,078,035 for an additional period of 12 months, ending on June 30, 2025, for the rental of refuse collection vehicles.

Recommendation 2
428
• June 30, 2020 - Council approved Agreement A-8221 with Amrep U.S.A, Inc. (Amrep) in the amount of $621,600 through June 30, 2021 for the rental of seven commercial refuse collection vehicles
• October 20, 2020 - Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR)
• This Fifth Amendment allows for uninterrupted daily refuse collection services for residential and commercial customers • Additionally, rental vehicles provide capacity support in compliance with the State’s SB 1383 mandate to collect
residential and commercial organic waste
Background 3
429
Below is the history of Agreement A-8221 and the amendments:

Background 4
AGREEMENT A-8221 COUNCIL DATE CUMULATIVE
AMOUNT

TERM DATE
Original Agreement June 30, 2020 $621,600 June 30, 2021 First Amendment June 15, 2021 $1,243,200 June 30, 2022
Second Amendment December 20, 2021 $1,707,200 June 30, 2022 Third Amendment June 21, 2021 $3,168,800 June 30, 2023
Fourth Amendment June 6, 2023 $4,463,035 June 30, 2024
Fifth Amendment* June 27, 2024 $5,078,035 June 30, 2025 *Pending City Council action
430
The intent to lease refuse collection vehicles is as follows:
• Maintenance and repairs
• Unforeseen breakdowns
• Mandatory Department of Transportation (DOT) inspections Background 5
431
• ER Division is requesting to amend contract with BTR for an additional 12 months due to the aging fleet of refuse collection vehicles (residential automatic side loaders and commercial front loaders) • According to the findings from the recent ER Cost of Service Study (COS), it is anticipated that revenue will be generated from Fiscal Years 24-25 to 28-29 to facilitate the acquisition, lease-purchase, or leasing of refuse collection vehicles to replace those that have reached the end of their operational life
• Our team will conduct a thorough analysis to determine the optimal choice, prioritizing cost-effectiveness
• The COS has integrated an 8-year replacement strategy for refuse collection vehicles
Discussion 6
432
• Currently there are 17 refuse collection vehicles that have an average of 100,000 miles and average over 21 years in service • These 17 vehicles were purchased for $2,421,088 and to date, over $10M has been spent on labor and parts to keep them operable • ER will potentially rent up 5 to 10 vehicles per month depending on the status of operating refuse collection vehicles • The amendment allows the return of any of the refuse collection vehicles on an as-needed basis, and without monetary penalty from BTR Discussion 7
433
• The cost for this Fifth Amendment to Agreement No. A-8221 with BTR is $615,000 for a total new agreement value of $5,078,035 • The estimated spending plan for FY 2024-25 of $1,075,200 includes the amount of the Fifth Amendment of $615,000 and $460,200 of unused-available in the agreement’s existing value
• Funding shall be requested in the Environmental Resources Fund (631) during the annual budget process
Financial Impact 8

ESTIMATED SPENDING PLAN
ER Account FY 2023-24 TOTAL
6313632-57000 $820,800 $820,800
6313633-57000 $254,400 $254,400
TOTAL $1,075,200 $1,075,200
434

QUESTIONS
9 435

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.6

DATE: June 27, 2024

TO: City Council

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

SUBJECT: Budget Appropriations for Community Facilities District No. 8, Sakioka Farms Business Park for Fiscal Year 2023-24. (10 minutes)

RECOMMENDATION

That the City Council approve a Fiscal Year 2023-24 budget appropriation to recognize revenues in the amount of $550,737 and expenses in the amount of $550,737 for Community Facilities District (CFD) No. 8 Sakioka Farms Business Park Subfund (60803801).

(Finance and Governance Committee approved 3-0 on June 11, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/EIxb5fYRrOo

BACKGROUND

Community Facilities District (CFD) No. 8 (Sakioka Farms Business Park) is a CFD formed via Resolution No. 15,349 on June 16, 2020, for purposes of providing fire suppression, landscape, and other maintenance services within the District. As authorized per Ordinance 2982, the City levied special taxes for FY 2023-2024 expenses via Resolution No. 15,712 on June 20, 2023. The levy was properly approved under this process and is not affected by this action.

Sakioka Farms Business Park is one of the City’s newest special financing districts. When new districts are formed, their financial accounting system must be created to log expenses and revenues throughout the fiscal year. This process began in May 2023, during the City’s shift in accounting systems and after the FY 2023-24 budget process had begun. The timing of this process, unfortunately, meant that the Sakioka Farms Business Park operating budget was left off of the City’s overall FY 2023-24 budget adopted via Resolution No. 15,715 at the June 20, 2023, City Council meeting. This issue was verified when Special District’s staff sought to confirm the District's revenues after the December property tax apportionment and to initiate the transfer of funds to the Fire Department for staff expenses, as authorized within the District’s formation documents.

DISCUSSION

The CFD was levied properly for FY 2023-24 via Resolution No. 15,712. However, to account for expenditures and revenues within the City’s budget, specific appropriations must be made. The budget appropriation within the CFDs revenue accounts in FY 2023-24 is necessary to account for the specific levy amounts as approved via Resolution 15,712.

The budget appropriations are also necessary within the CFDs expense accounts to fund Fire Department staff costs and Special Districts Division administrative expenses for FY 2023-24, as authorized within the CFDs formation documents.

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.
436

FINANCIAL IMPACT

Staff is recommending the following budget appropriations be made within the CFD 8 subfund 60803801. There is no impact on the General Fund.

Revenues Account Proposed Revenue Budget for FY 2023-24 Assessments 60803801-46400 $550,737
TOTAL REVENUES $550,737

Expenditures Account Proposed Expenditure Budget for FY 2023-24 Professional Services - Other 60803801-53200 $4,000
County Tax Collection 60803801-53310 $2,000
Planned Reserve Contribution 60803801-57800 $63,049
Transfers Out 60803801-59000 $82,612
Transfers Out - Intrafund 60803801-59800 $399,076
TOTAL EXPENDITURES $550,737

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on June 11, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director, Anthony Miller, Interim Special Districts Manager

ATTACHMENTS

1. Resolution 15,712

2. June 20, 2023 CC Agenda Report - CFD 8

3. City of Oxnard Special Districts Map

4. City of Oxnard Special Districts List

5. Presentation

437
438
439
440

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.1

DATE: June 20, 2023

TO: City Council

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

SUBJECT: Resolution Authorizing the Levy of Special Taxes within Community Facilities District No. 8 for the Fiscal Year 2023-24 (10 minutes)

RECOMMENDATION

That the City Council acting as the legislative body for Community Facilities Districts (CFD) No. 8, adopt a resolution entitled “Resolution of the City Council of the City of Oxnard Acting as the Legislative Body of Community Facilities District No. 8 (Sakioka Farms) of the City of Oxnard Authorizing the Levy of Special Taxes within Community Facilities District No. 8 (Sakioka Farms) for the Fiscal Year 2023-24.”

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

BACKGROUND

Special Districts is a Division of the Public Works Department and manages a total of 48 special financing districts which include 6 CFDS. As an allowable funding source, property owners (e.g., developers) may use special financing districts (e.g., CFDs), subject to the approval of the City, to fund the construction of improvements through bonds and also the annual cost of services and maintaining certain amenities that have a special benefit to the properties within the district.

Typically, the developer installs the amenities at the time of development and benefiting property owners pay for the cost of the bonds and maintaining the improvements (i.e., special benefit). The Special assessments are included on the property’s annual property tax bill.

Assessments are levied annually and collected on the property tax roll. Each year, the City Council must conduct proceedings to levy the assessment. Revenue received from the assessments partially or fully fund the ongoing maintenance of public improvements provided by each district and, in some cases, is collected for future capital improvement programs or reinvestment projects (“CIP”).

DISCUSSION

CFD No. 8 Special Tax

On June 16, 2020, City Council adopted Resolution No. 15,349 establishing CFD No. 8. On June 30, 2020, City Council adopted Ordinance No. 2982 to levy a special tax sufficient to pay Fire Services, Contingent Services, contribute to a District reserve fund, and the general administrative costs incurred during the management of the District. In each fiscal year thereafter, the Government Code requires the City Council to adopt a resolution levying the special tax rate for that fiscal year. Resolution No. 15,349 established the Rate and Method of Apportionment for CFD No. 8. The total maximum special tax is calculated by combining two rates per acre, one rate for Fire Services, and the other for Contingent Services.

The estimated FY 2023-24 maximum special tax for CFD No. 8 is $777,623.87 and staff anticipate a special tax of $550,737.

441
The special tax accounts for $399,076 for fire services, $82,612 in administrative and overhead expenses, $4,000 for professional services, $2,000 for County collection fees, and $63,049 for planned reserve contributions.

The reserve fund for this District is maintained for the possibility of the construction of a new fire station that would serve the area and for the possibility of the District providing the Contingent services as identified in the formation documents. These contingent services include maintenance of the landscaping within the public rights of way; the maintenance of drainage facilities, including the water quality components of the drainage facilities; and weed control related to development of the property. As of this time, Contingent services are not being provided by the City and are not included in the calculation of the levy.

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 special tax total and amounts for FY 2023-24 are based on the preliminary property data available by the County of Ventura at the time of writing this report. Should parcel changes occur on the Ventura County Assessor’s Secured January 2023 Lien Date Roll, upon release, the special tax amounts will be modified to include the Assessor’s changes.

CFD 8:

There will be no cost to the City’s General Fund from the approval of the resolution levying the special taxes for CFD No. 8 for FY 2023-24. All maintenance, service, and administrative costs are included in the amount to be collected by the special taxes, which are levied on properties located within CFD No. 8.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Resolution Authorizing Levy of Special Tax CFD 8 FY 23-24

2. City of Oxnard Special Districts Map

3. City of Oxnard Special Districts Legend

4. Presentation

442
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

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

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
443
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

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

COMMUNITY FACILITIES DISTRICTS
444
Budget Appropriations for Community Facilities
District No. 8, Sakioka Farms Business Park for
Fiscal Year 2023-24.

Finance & Governance Committee
June 11, 2024
City Council
June 27, 2024
Anthony Miller
Interim Special Districts Manager
445
That the Finance and Governance Committee recommend that the City Council approve a Fiscal Year 2023-24 budget appropriation to recognize revenues in the amount of $550,737 and expenses in the amount of $550,737 for Community Facilities District (CFD) No. 8 Sakioka Farms Business Park Subfund (60803801).

RECOMMENDATION 2
446
That the City Council approve a Fiscal Year 2023-24 budget appropriation to recognize revenues in the amount of $550,737 and expenses in the amount of $550,737 for Community Facilities District (CFD) No. 8 Sakioka Farms Business Park Subfund (60803801).

RECOMMENDATION 3
447
MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD 4
More information can be
found at:
www.oxnard.gov/public-
works/special-districts
448
• Community Facilities District (CFD) No. 8 (Sakioka Farms Business Park) is a CFD formed via Resolution No. 15,349 on June 16, 2020 for purposes of providing fire suppression, landscape, and other maintenance services within the District. • As authorized per Ordinance 2982, the City levied special taxes for FY 2023-2024 expenses via Resolution No. 15,712 on June 20, 2023.
• The levy was properly approved under this process and is not affected by this action.

BACKGROUND 5
449
• Sakioka Farms Business Park is one of the City’s newest special financing districts. When new districts are formed, their financial accounting system must be created to log expenses and revenues throughout the fiscal year.
• This process began in May 2023, during the City’s shift in accounting systems and after the FY 2023-24 budget process had begun. The timing of this process unfortunately meant that the Sakioka Farms Business Park operating budget was left off of the City’s overall FY 2023-24 budget adopted via Resolution No. 15,715 at the June 20, 2023 City Council meeting.

BACKGROUND 6
450
• This issue was verified when Special Districts staff sought to confirm the District's revenues after the December property tax apportionment and to initiate the transfer of funds to the Fire Department for staff expenses, as authorized within the District’s formation documents.

BACKGROUND 7
451
• The CFD was levied properly for FY 2023-24 via Resolution No. 15,712 however, to account for expenditures and
revenues within the City’s budget, specific appropriations must be made.
• The budget appropriation within the CFDs revenue accounts in FY 2023-24 is necessary to account for the specific levy amounts as approved via Resolution 15,712.
• The budget appropriations are also necessary within the CFDs expense accounts to fund Fire Department staff costs and Special Districts Division administrative expenses for FY 2023-24, as authorized within the CFDs formation documents.

DISCUSSION 8
452
• Staff is recommending the following budget appropriations be made within the CFD 8 sub fund 60803801:

FINANCIAL IMPACT 9
Revenues Account Proposed Revenue Budget
for FY 2023-24
Assessments 60803801-46400 $550,737
TOTAL REVENUES $550,737
Expenditures Account Proposed Expenditure
Budget for FY 2023-24
Professional Services - Other 60803801-53200 $4,000
County Tax Collection 60803801-53310 $2,000
Planned Reserve Contribution 60803801-57800 $63,049
Transfers Out 60803801-59000 $82,612
Transfers Out - Intrafund 60803801-59800 $399,076
TOTAL EXPENDITURES $550,737
There is no impact to the General Fund
453

QUESTIONS
10 454

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.7

DATE: June 27, 2024

TO: City Council

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

SUBJECT: Agreement 32500018 with M.O. Dion & Sons, Inc. dba Dion & Sons, Inc. for Purchase and Delivery of Bulk Fuel. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with M.O. Dion & Sons, Inc. dba Dion & Sons, Inc. in the amount not to exceed $4,135,000 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 bulk fuel to various City locations.

(As of the date of this City Council agenda being posted, there is not yet an outcome from the June 25, 2024 Public Works and Transportation Committee. Staff is available to answer any questions.)

Please click the following link to view the required Measure M pre-recorded presentation video:https://youtu.be/Y27yftjHZKQ

BACKGROUND

The City of Oxnard has been utilizing a vendor for the purchase and delivery of bulk fuel for over ten years. The City requires bulk fuel delivery to various locations in the City: Fire Stations, Wastewater Division, Water Division, Advanced Water Purification Facility, and Environmental Resources Divisions. These locations have onsite fuel tanks for fueling vehicles and equipment. Adequate delivery of bulk fuel is essential for the City’s day-to-day operations, public safety departments, and backup generators.

Delivery of bulk fuel (Gasoline, Clear Diesel, Renewable 99 Diesel, and Red Dye 99 Diesel) occurs at the following locations:

1. Environmental Resources, 111 S. Del Norte Boulevard

2. Wastewater Treatment Plant, 6001 Perkins Road

3. Water Yard, 251 South Hays Avenue

4. Water Blending Station 3, 1700 Solar Drive

5. Water Blending Station 4, 3637 N. Rose Avenue

6. Water Blending Station 5, 980 E. Pleasant Valley Road

7. Advanced Water Purification Facility, 5700 Perkins Road

8. Fire Station 1, 491 South “K” Street

9. Fire Station 2, 531 E. Pleasant Valley Road

10. Fire Station 3, 150 Hill Street

11. Fire Station 4, 230 West Vineyard Avenue

12. Fire Station 5 1450 Colonia Road

13. Fire Station 6, 2601 Peninsula Road
455

14. Fire Station 8, 3000 South Rose Avenue

Delivery of Diesel Fuel (Renewable 99 Diesel) to Stationary Backup Generators occurs at the following locations:

1. Fire Station 1, 491 South “K” Street

2. Fire Station 2, 531 E. Pleasant Valley Road

3. Fire Station 3, 150 Hill Street

4. Fire Station 4, 230 West Vineyard Avenue

5. Fire Station 5 1450 Colonia Road

6. Fire Station 6, 2601 Peninsula Road

7. Fire Station 8, 3000 South Rose Avenue

8. Oxnard Police Department, 251 S. C Street

9. Oxnard Police Department, 3001 Sturgis Road

10. Oxnard Fire Department Emergency Operations Center, 360 W. 2nd Street

DISCUSSION

On February 29, 2024, the City solicited a Request for Bid (RFB) PW24-88 for the purchase and delivery of bulk fuel (Gasoline, Clear Diesel, Renewable 99 Diesel, and Red Dye 99 Diesel) to various City sites. The RFB closed on April 8, 2024. A total of three bids were received. Of the three, SC Commercial, LLC dba SC Fuels was the lowest responsive bidder. The City posted the intent to award to SC Fuels. Despite including the City’s standard agreement in the RFB package, SC Fuels rescinded their acceptance due to the City’s standard contract terms. City staff proceeded with the intent to award to the second lowest responsive bidder, M.O. Dion & Sons, Inc. dba Dion & Sons, Inc. (Dion and Sons).

The bid was based on a markup amount above the California Oil Price Information Service (OPIS). The services include 24-hour emergency fuel delivery to all listed Fire Stations and Utility locations as well as 24-hour diesel fuel delivery to the Oxnard Public Safety Facilities to refuel stationary backup generators.

Dion & Sons, Inc. 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.

Estimated annual quantities of fuel to be delivered annually:
• Unleaded Gasoline – 27,000 gallons
• Renewable 99 Diesel – 36,400 gallons
• Clear Diesel (CARB #2) – 20,000 gallons
• Red Dye 99 Diesel – 45,680 gallons

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 the Agreement with Dion & Sons, Inc. shall not exceed $4,135,000 over the 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 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total 456
Environmental
Resources
6313635-
54090 $225,000 $250,000 $275,000 $300,000 $330,000 $1,380,000 Wastewater
Technical
Services
6113612-
54090 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000
Wastewater
Collection
6113613-
54090 $94,000 $94,000 $94,000 $94,000 $94,000 $470,000
Wastewater
Treatment
6113614-
54090 $7,000 $7,000 $7,000 $7,000 $7,000 $35,000
Wastewater
Operations
6113615-
54090 $130,000 $130,000 $130,000 $130,000 $130,000 $650,000 Stormwater
Quality
1143501-
54090 $5,000 $5,000 $5,000 $5,000 $5,000 $25,000
Stormwater
Field Services
1143502-
54090 $5,000 $5,000 $5,000 $5,000 $5,000 $25,000
Water Operati
ons
6013600-
54090 $15,000 $15,000 $15,000 $15,000 $15,000 $75,000
Water
Recycled
Operations
6013605-
54090 $10,000 $10,000 $10,000 $10,000 $10,000 $50,000
Fleet Services
7413750-
54092 $220,000 $220,000 $220,000 $220,000 $220,000 $1,100,000 Fleet Services
7413750-
54090 $35,000 $35,000 $35,000 $35,000 $35,000 $175,000
Agreement Total: $776,000 $801,000 $826,000 $851,000 $881,000 $4,135,000

COMMITTEE OUTCOME

As of the date of this City Council agenda being posted, there is not yet an outcome from the June 25, 2024 Public Works and Transportation Committee. Staff is available to answer any questions.

Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. Agreement 32500018

2. Presentation

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Agreement No. 32500018

Page 1 of 35 ends

TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND M.O. Dion & Sons, Inc.
dba Dion & Sons, Inc.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of M.O. Dion & Sons, Inc. dba Dion & Sons, 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 conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMMARY DESCRIPTION OF SERVICES. This Agreement is for the purchase and delivery of bulk fuel to various locations throughout the City

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

M.O. Dion & Sons, Inc. dba Dion & Sons, Inc. (“SERVICE PROVIDER”), a Corporation of the State of California, located at 18145 East Telegraph Rd. Santa Paula, CA 93060

3. TERM OF AGREEMENT: From: July 1, 2024 To: June 30, 2025

3.1 Time is of the essence in this Agreement.

3.2 The CITY shall have the option for (4) four consecutive (1) one- year extensions in accordance with the scope of work and general terms and conditions of the Trade Services Agreement.

3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

3.4 All services required of 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: $4,135,000

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Agreement No. 32500018

Page 2 of 35 ends

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: Cindy Muller
Title: Fleet Services Manager Title: V.P. of Business Development Phone: 805-385-8011 Phone: 562-505-6080 Email: [email protected] Email: [email protected]

Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave. Bldg. 2 1543 West 16th Street
Oxnard, CA 93030 Long Beach, CA 90813

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.

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Agreement No. 32500018

Page 3 of 35 ends

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

8. SERVICE PROVIDER’S SERVICES.

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

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

9. COMPENSATION.

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

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. SERVICE PROVIDER may pass through cost increases to the CITY for price adjustments due to increases to Federal and State Taxes, Surcharges, and Fees imposed on the Fuel delivered to the CITY . SERVICE PROVIDER must provide written notice of “pass through” cost increases thirty (30) days in advance before the adjusted prices become effective and the notice shall be accompanied by the required information to substantiate the request for any price adjustment. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. The pass through cost increases, which result in price adjustments, must be listed on SERVICE PROVIDERS invoices. There shall not be any additional markup or overhead imposed as a result of the pass through costs.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice w ithin 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 re ason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

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Agreement No. 32500018

Page 4 of 35 ends

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

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Servi ces 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 c onstitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

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

11. OPTION TO EXTEND AGREEMENT.

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.

461
Agreement No. 32500018

Page 5 of 35 ends

13. TERMINATION OF AGREEMENT.

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

14. INDEPENDENT CONTRACTOR

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

SERVICE PROVIDER and its employees, 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 aff orded 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 462
Agreement No. 32500018

Page 6 of 35 ends

this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a 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, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this 463
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Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

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 perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to 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 464
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PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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

The Party charged with breach will have fifteen (15) 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 PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this secti on, 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, 465
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employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

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

23.3 The review, acceptance or approv al 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 provi sions 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 PR OVIDER 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 466
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representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

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 projec ts. 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. Payment of Prevailing Wage is the responsibility of the S ervice Provider.

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

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

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

27. CONFLICT OF INTEREST

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

28. IRAN CONTRACTING ACT

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any 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.

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If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.

CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to 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 medi ation 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 469
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payment un der the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

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

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied 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 471
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imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

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

[Signatures on next page]

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

C
ITY OF OXNARD M.O. DION & SONS, INC.

DBA DION & SONS, INC.
☐John C. Zaragoza, Mayor1 Date Scott Heller, President Date ☐
Jennifer Yates, 2
P
urchasing Manager
Cindy Muller, Vice President3 Date
A
TTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPR
OVED 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;
● An95 or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and M.O. Dion & Sons, Inc. dba Dion & Sons, Inc.)

SCOPE OF SERVICES

CITY PROJECT MANAGER FOR THIS AGREEMENT: Jose Arreola / 805-385-8011 / [email protected]

Service Provider shall provide bulk fuel delivery services for all referenced fuel types for the City’s current and future tanks. Fuel shall be ordered and delivered, if delivery is not regularly scheduled, on an “as needed” basis by means of a phone call to the Service Provider. Maximum response time for such delivery shall be 24 hours (not three 8-hour business days) or the next business day. The City reserves the right to add or delete delivery sites and fuel types as needed during the course of the Agreement. Please contact City staff regarding City observed holidays for facilities that are closed.

Estimated Quantities: The annual quantities listed below are estimates only. The City shall not be penalized for purchasing more or less than the quantities listed. All gasoline, clear diesel, red dye 99 diesel and renewable 95 diesel delivered under this contract shall meet the latest requirements of the California Air Resources Board (CARB), Federal, State, and local governments as well as fuel industries laws, codes, requirements, standards, and guidelines currently in force and any of those put in force during the contract period. Particular attention shall be paid to the American Society of Testing and Materials (ASTM) laws, regulations, and standards.

Location and Address

Type of Fuel
Tank
Capacity
(Gallons)
Estimated
Annual
Gallons

Delivery
Frequency
Fire Station 1
491 South “K” Street
Oxnard, CA 93030
Unleaded
Gasoline 500 4,500 Every two weeks
Renewable 95
Diesel 1,500 8,500 Every two weeks
Fire Station 2
531 East Pleasant Valley
Road Oxnard, CA 93033
Renewable 95
Diesel

500

2,800

Every four weeks
Fire Station 3
150 Hill Street
Oxnard, CA 93033
Renewable 95
Diesel 1,000 4,300 Every four weeks
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Fire Station 4
230 West Vineyard Avenue
Oxnard, CA 93036
Renewable 95
Diesel 1,000 4,500 Every four weeks
Fire Station 5
1450 Colonia Road
Oxnard, CA 93030
Renewable 95
Diesel 500 3,600 Every three
weeks
Fire Station 6
2601 Peninsula Road
Oxnard, CA 93035
Renewable 95
Diesel 1,000 4,000 Every four weeks
Fire Station 8
3000 South Rose Avenue
Oxnard, CA 93033
Unleaded
Gasoline 250 2,500 Every 1.5 weeks
Renewable 95
Diesel 750 8,700 Every two weeks
Wastewater
Treatment Plant
6001 Perkins Road
Oxnard, CA 93033
Unleaded
Gasoline 10,000 20,000 Twice a year
Clear Diesel 10,000 20,000 Twice a year
Environmental
Resources 111 Del Norte
Boulevard Oxnard, CA
93030
Red Dye 99 Diesel 1,500 41,600 Weekly
Unleaded
Gasoline* 10 100 As needed
Water Division (North
Tank)
251 South Hayes Avenue
Oxnard, CA 93030

Red Dye 99 Diesel

3000

Twice a year
Water Division (South
Tank)
251 South Hayes Avenue
Oxnard, CA 93030

Red Dye 99 Diesel

4000

Twice a year

Water Blending Station 3
1700 Solar Drive
Oxnard, CA 93030
Red Dye 99 Diesel 2000

1000
Twice a year
Water Blending Station 4
3637 N. Rose Avenue
Oxnard, CA 93036
Red Dye 99 Diesel 145 As needed
Water Blending Station 5
980 E. Pleasant Valley Rd
Oxnard, CA 93033

Red Dye 99 Diesel

77 As needed
Advanced Water
Purification
Facility 5700
Perkins Rd
Oxnard, CA 93033

Red Dye 99 Diesel

230

80 As needed

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Deliveries shall be made as follows:

● Environmental Resources: Red dye 99 diesel fuel shall be delivered, and tank topped off, regardless of quantity ordered, every week, to maintain, at minimum, 50% fuel in tank at all times. Unleaded gasoline shall be delivered as needed.
● Oxnard Fire Stations: Fuel shall be delivered, and tanks topped off, regardless of quantity ordered, every three weeks, or sooner if necessary, to maintain, at minimum, 50% fuel in all tanks at all times. ● Wastewater Treatment Plant: Fuel shall be delivered, and tanks topped off, twice a year.
● Water Division and Blending Stations: Red dye 99 diesel fuel shall be delivered and tanks to be filled at 80% capacity.

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 fuel 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 any product in spill containers.

The City reserves the right to add or remove City delivery locations and add or remove types of fuel during the term of the contract.

Delivery Contacts:
● Environmental Resources: James Torrez, 805.200.2215
● Fire Stations 1 – 8: Aaron Baker 805.290.5198
● Service Provider shall receive Fire Station gate codes prior to making the first delivery.
● Wastewater Treatment Plant: Miguel Diaz 805.271.2208
● Water Division: Jake McConnell 805.368.0189 and Chris Peyton 805.207.2101
Emergency Requirements: The Service Provider shall guarantee, in the event of a declared emergency or natural disaster, priority will be given to all City vehicles/equipment for fuel purchases.

● The Service Provider shall provide the City with a 24-hour emergency contact number.
● The Service Provider shall provide the City with an emergency plan and necessary personnel to accommodate the City's needs in the event of a declared emergency or natural disaster.
● Actual hours of operation and response times shall be dependent upon the demands and needs of any particular emergency and shall be coordinated with a City representative.
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● Hours of operation can range from a 24-hour-per-day requirement to predetermined hours of operation as established by the City. ● Emergency Fuel delivery shall be guaranteed to include the following:

• 24-hour bulk fuel delivery to any of the above-ground fuel tank locations as requested by the City including all Fire stations and Utility locations listed in the Service Description
• 24-hour fuel delivery to emergency incidents in and
immediately adjacent to Oxnard to refuel fire apparatus and equipment; with a minimum of 1000-gallon refueling
capability
• 24-hour diesel fuel delivery to the following Oxnard
Public Safety Facilities to refuel stationary backup
generators; with a minimum 1000-gallon refueling
capability:
• Fire Station 1: 491 S. K Street
• Fire Station 2:531 E. Pleasant Valley Road
• Fire Station 3: 150 Hill Street
• Fire Station 4: 230 W. Vineyard Avenue
• Fire Station 5: 1450 Colonia Road
• Fire Station 6: 2601 Peninsula Road
• Fire Station 8: 3000 S. Rose Avenue
• Oxnard Police Department: 251 S. C Street
• Oxnard Police Department: 3001 Sturgis Road
• Oxnard Fire Department/Emergency
Operations Center: 360 W. 2nd Street

Pricing:

● The Service Provider’s price shall consist of the Contract Average price listed on the OPIS (Oil Price Information Service) Contract Benchmark Report with CAR Cost for Los Angeles for unleaded gasoline, clear diesel (#2) and red dye diesel, plus a stated amount which shall be applied to the published average, to establish cost per gallon of fuel. ● Pricing will be based on the published OPIS index on the date of delivery.
● If the OPIS price is not reported for a particular day, the most recent price previous ly reported shall be used as the base price.
● The quoted price shall include Service Provider’s costs except for fees and taxes levied by the Federal
government, State of California, County of Ventura, and City of Oxnard.

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● If OPIS discontinues publication of a contractual-based pricing index, the City and Service Provider shall negotiate on a new pricing index. If the City and Service Provider cannot agree on a new pricing methodology, the City may terminate the Contract.

Billing:
● Payment shall be made for quantities actually delivered and accepted, whether greater or less than ordered amounts. ● Invoices shall detail costs for taxes, fees, and surcharges. ● Service Provider 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, fuel type, number of gallons delivered, price, and all
taxes, fees, and surcharges and shall include a copy
of the daily published OPIS index from the date of
delivery.
● 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:

Environmental Resources:

Invoices shall be sent to: Lucy Hernandez at [email protected]

Fire Stations:

Invoices shall be sent to: Rosanna
Hernandez at
[email protected]

Wastewater Treatment Plant:

Invoices shall be sent to: Maria Perez [email protected]

Water Division and AWPF:

Invoices shall be sent to: Water Accounts Payable [email protected]

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and M.O. Dion & Sons, Inc. dba Dion & Sons, Inc.)

SCHEDULE OF COMPENSATION

Fuel Cost per Gallon over OPIS or Cost per Gallon over other Cost Basis Location
Unleaded
Regular, 87
Octane minimum
Clear Diesel,
CARB #2 low
sulfur
Renewable
R99 Diesel
Red Dye
99 Diesel
Environmental
Resources
$2.50 N/A N/A $0.65
Fire Stations $0.50 N/A $0.09 N/A
Wastewater
Treatment
Plant
$.075 $.075 NIA NIA
Water Yard NIA NIA NIA $0.035
Water Blending
Stations
NIA NIA NIA $0.09
Advanced Water
Purification Facility
NIA NIA NIA $0.65
Taxes, fees and surcharges per Gallon
Description
Unleaded Regular,
87 Octane
minimum
Clear Diesel,
CARB #2 low
sulfur
Renewable
R99 Diesel
Red Dye
99 Diesel
GHG Fee
Included in
OPIS
Included in
OPIS
Included in
OPIS
Included in
OPIS
LCFS Fee
Included in
OPIS
Included in
OPIS
Included in
OPIS
Included in
OPIS
**CA
Environmental
Surcharge AB32
$0.0035 $0.0032 $0.0000 $0.0000
State Excise Tax $0.596 $0.454 $0.454 $0.0000
**Federal Oil Spill
Recovery Fee $0.0019 $0.00214 $0 $0
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**Superfund Fees $0.0035 $0.0039 $0 $0
**CA Lead
Poisoning
Prevention Fee
$0.0008 $0 $0 $0
LUST $0.001 $0.001 $0.001 $0.001
CA Sales Tax 2.25% 13% 13% 7.25%
City Sales Tax
Oxnard) 2.00% 2.00% 2.00% 2.00%
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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and M.O. Dion & Sons, Inc. dba Dion & Sons, Inc.)

INSURANCE REQUIREMENTS

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.

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 approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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 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 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).
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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.

5/24

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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

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SAMPL

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

PRODUCER

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY [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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED

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

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE

ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH

OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)

Telephone: ( ) Date Signed
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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.

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

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

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

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
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EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and M.O. Dion & Sons, Inc. dba Dion & Sons, Inc.)

LIVING WAGE POLICY

A. SERVICE PROVIDER shall compensate any employee of SE RVICE 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.

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

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living W age 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.

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 employ ee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and M.O. Dion & Sons, Inc. dba Dion & Sons, Inc.)

PREVAILING WAGE

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

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 489
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subcontractors 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 C ode 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.

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

Page 34 of 35 ends

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) i n 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.

EXHIBIT F
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TRADE SERVICES AGREEMENT
(CITY of Oxnard and M.O. Dion & Sons dba Dion & Sons, Inc.)

OPTION N o.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 serv ices in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision
(b) of Public Contract Code 2203.

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed
Executed in the County of in the State of

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed
Executed in the County of in the State of

492
Approve Agreement 32500018 with M.O. Dion &
Sons, Inc. dba Dion & Sons, Inc. for Purchase and
Delivery of Bulk Fuel
Public Works and Transportation CommitteeJune 25, 2024City CouncilJune 27, 2024 Jose Arreola
Fleet Services Division Manager
493
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with M.O. Dion & Sons, Inc. dba Dion & Sons, Inc. in the amount not to exceed $4,135,000 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 bulk fuel to various City locations.

Recommendation 2
494
FOR CITY COUNCIL:

Recommendation 3
495
• The City of Oxnard has been utilizing a vendor for the purchase and delivery of bulk fuel for over ten years
• The City requires bulk fuel delivery to various locations in the City: Fire Stations, Wastewater Division, Water Division, Advanced Water Purification Facility and Environmental
Resources Divisions
• These locations have onsite fuel tanks for fueling vehicles and equipment
• Adequate delivery of bulk fuel is essential for City day to day operations, public safety departments and backup generators BACKGROUND 4
496
Delivery of Bulk Fuel (Gasoline, Clear Diesel, Renewable Diesel and Red Dye 99 Diesel) to the following locations:

1. Environmental Resources, 111 Del Norte Boulevard

2. Wastewater Treatment Plant, 6001 Perkins Road

3. Water Yard, 251 South Hays Avenue

4. Water Blending Station 3, 1700 Solar Drive

5. Water Blending Station 4, 3637 N. Rose Avenue

6. Water Blending Station 5, 980 E. Pleasant Valley Road

7. Advanced Water Purification Facility, 5700 Perkins Road BACKGROUND 5
497
Delivery locations (continued):

8. Fire Station 1, 491 South “K” Street

9. Fire Station 2, 531 E. Pleasant Valley Road

10.Fire Station 3, 150 Hill Street

11.Fire Station 4, 230 West Vineyard Avenue

12.Fire Station 5 1450 Colonia Road

13.Fire Station 6, 2601 Peninsula Road

14.Fire Station 8, 3000 South Rose Avenue
BACKGROUND 6
498
Delivery of Diesel Fuel (Renewable 99 Diesel) to Stationary Backup Generators at the following locations:

1. Fire Station 1, 491 South “K” Street

2. Fire Station 2, 531 E. Pleasant Valley Road

3. Fire Station 3, 150 Hill Street

4. Fire Station 4, 230 West Vineyard Avenue

5. Fire Station 5 1450 Colonia Road

6. Fire Station 6, 2601 Peninsula Road

7. Fire Station 8, 3000 South Rose Avenue

8. Oxnard Police Department, 251 S. C Street

9. Oxnard Police Department, 3001 Sturgis Road

10.Oxnard Fire Department Emergency Operations Center, 360 W. 2nd Street
BACKGROUND 7
499
• On February 29, 2024 the City solicited Request for Bid PW24-88 for the purchase and delivery of bulk fuel (Gasoline, Clear Diesel, Renewable 99 Diesel and Red Dye 99 diesel) to various City sites
• The RFB closed on April 8, 2024 with a total of three bids received
• Staff proceeded to award to M.O. Dion & Sons (second lowest responsive bidder) after the lowest responsive bidder refused to enter into an agreement due to the City’s contract language • The bid was based on markup amount above the California Oil Price Information Service (OPIS)
DISCUSSION 8
500
• The services include 24-hour emergency fuel delivery to all listed Fire Stations and Utility locations as well as 24-hour diesel fuel delivery to the Oxnard Public Safety Facilities to refuel stationary backup generators
• Estimated annual fuel quantities are as follows:
• Unleaded Gasoline – 27,000
• Renewable 99 Diesel – 36,400
• Clear Diesel (CARB #2) – 20,000
• Red Dye 99 Diesel – 45,680
DISCUSSION 9
501
• The total amount of the Agreement with Dion & Sons shall not exceed $4,135,000 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
502
QUESTIONS?
11 503

Oxnard City CouncilJune 27, 2024

Oxnard City Council
June 27, 2024