1. Build America, Buy America (BABA) Act: This grant is subject to the requirements of the BABA Act, which was enacted on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (Public Law 117-58), unless waived by HUD. Procurement requirements and implementing guidance is available on HUD’s dedicated website:
https://www.hud.gov/program_offices/general_counsel/baba.
2. Compliance with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a contractor, subcontractor, grantee, subgrantee, and personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347-3735) and its online hotline form. (See Federal Contractor or Grantee Protections | Office of Inspector General, Department of Housing and Urban Development (www.hudoig.gov).
3. Fair Housing Certifications, as the same maybe amended from time to time, and any additional Fair Housing requirements that may become applicable:
A. the Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and regulations pursuant thereto 24 CFR part 100;
B. Executive Order 11063 (Equal Opportunity in Housing) and regulations pursuant thereto (24 CFR part 107);
C. the fair housing poster regulations (24 CFR part 110) and advertising guidelines (24 CFR part 108);
D. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-2000d-4) and regulations pursuant thereto (24 CFR part 1) relating to nondiscrimination in housing; E. the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and regulations issued pursuant thereto (24 CFR part 146);
F. the prohibitions against discrimination on the basis of disability, including requirements that the Grantee make reasonable modifications and accommodations and make units accessible, under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and regulations issued pursuant thereto (24 CFR part 8) or the 2010 ADA Standards for Accessible Design;
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FY 2024 Choice Neighborhoods Planning Grant Agreement – page 24 G. the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and its implementing regulation at 28 CFR part 35; and
H. the Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151) and regulations issued pursuant thereto (24 CFR part 40).
I. Accessible Technology. Section 508 of the Rehabilitation Act of 1973, as amended (Section 508) requires HUD to ensure, when developing, procuring, maintaining, or using electronic and information technology (EIT), that the EIT allows persons with disabilities to access and use information and data comparably to those without disabilities unless an undue burden would result to the Federal agency. HUD encourages its recipients to adopt the goals and objectives of Section 508 by ensuring comparable access whenever EIT is used. Recipients must also comply with Section 504 of the Rehabilitation Act and, where applicable, the ADA. These statutes also require effective communication with individuals with disabilities and prohibit EIT-imposed barriers to access information, programs, and activities for persons with disabilities.
4. Finance and Accounting
A. Commingling of Grant Funds. The Grantee agrees that, in its recordkeeping, it will not commingle Choice Neighborhoods Grant funds with funds from any other sources including, but not limited to, other HUD program funds or funds from other Federal, State, or local government agencies. (Such other funds may be used to carry out the Transformation Plan, so long as they are not commingled in the Grantee’s recordkeeping.)
B. Duplication of Funding. The Grantee will ensure that Choice Neighborhoods Grant funds are not used to duplicate work that is funded with any other HUD funds, funds from any other Federal program, or from any other funding source identified under the Transformation Plan, and will establish controls to assure non-duplication of funding.
5. Record Retention
A. Record Retention Authorities. The Grantee must comply with and be subject to all Federal recordkeeping requirements, including, but not limited to 2 CFR 200.334.
B. Record Retention Requirements. Grantees must retain records in accordance with the requirements of paragraph (A) above, including, but not limited to:
1. the amount and disbursement of funds received under this Choice Neighborhoods Grant, including sufficient records that document the reasonableness and necessity of each expenditure;
2. the amount and nature of any other assistance, including cash, services, or other items contributed to assist in the development of the Transformation Plan or contributed as a condition of receiving this Choice Neighborhoods Grant;
3. any other proceeds received for, or otherwise used in connection with, the Transformation Plan; and
C. Access to Records. For the purpose of audit, examination, monitoring, and evaluation, the Grantee will give HUD (including any duly authorized representatives and the 271
FY 2024 Choice Neighborhoods Planning Grant Agreement – page 25 Inspector General) access, and will ensure that any participating party will give HUD such access, to any books, documents, papers, and records of the Grantee, or such participating party, that are pertinent to assistance received under this Choice Neighborhoods Grant or under the Transformation Plan, including all records required to be kept by paragraph (B) above.
6. Reporting. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (31 USC 6101 note), (Public Law 109-282) (Transparency Act), as amended. Please refer to www.fsrs.gov for complete information on requirements under the Transparency Act and OMB guidance.
7. Eminent Domain. Section 407 of Div. H, Title IV of the Consolidated Appropriations Act, 2024, prohibits the use of funds to support any federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. 272
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1. Assistance Instrument
Cooperative Agreement Grant
2. Type of Action
Award Amendment
3. Instrument Number
CA9D031CNP124
4. Amendment Number
5. Effective Date of this
Action
6. Control Number
7. Name and Address of Recipient
Oxnard Housing Authority
435 South D Street
Oxnard, CA 93030
8. HUD Administering Office
Office of Public Housing Investments
Public and Indian Housing
8a. Name of Administrator
Marianne Nazzaro
8b. Telephone Number
202-402-4306
10. Recipient Project Manager
9. HUD Government Technical Representative
11. Assistance
Arrangement
Cost Reimbursement
Cost Sharing
Fixed Price
12. Payment Method
Treasury Check Reimbursement
Advance Check
Automated Clearinghouse
13. HUD Payment Office
14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 15a. Appropriation Number 15b. Reservation number HUD Amount this action $ 500,000
Total HUD Amount $ 500,000 Amount Previously Obligated $ Recipient Amount $ Obligation by this action $ 500,000 Total Instrument Amount $ 500,000 Total Obligation $ 500,000
16. Description
FY 2024 Choice Neighborhoods Planning Grant
(grant type: Planning)
Public Housing Site: Colonia Village, "Felicia Court" and "Colonia Road" Neighborhood: La Colonia and Central Oxnard
Located in: Oxnard, CA
Unique Entity ID: U4FNEJGGD8M5
EIN/TIN: 95-6001624
Period of Performance Start Date: one day after HUD’s signature on this form Period of Performance End Date: 03/31/2027
17. Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office
18. Recipient is not required to sign this document.
19. Recipient (By Name)
Emilio Ramirez
20. HUD (By Name)
Richard J. Monocchio
Signature & Title
Executive Director
Date (mm/dd/yyyy)
Signature & Title
Principal Deputy Assistant Secretary
Date (mm/dd/yyyy)
09/06/2024
form HUD-1044 (8/90)
ref. Handbook 2210.17
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HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF OXNARD AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN THE FY 2024 CHOICE
NEIGHBORHOODS PLANNING GRANT AGREEMENT AND TO EXECUTE AND SUBMIT THE ASSISTANCE AWARD/AMENDMENT FORM (HUD-1044) WHEREAS, on September 9, 2024, U.S. Department of Housing and Urban Development (HUD) granted the Oxnard Housing Authority (OHA), as Lead-Applicant, a Choice Neighborhoods Planning Grant in the amount of $500,000 to develop a Transformation Plan for the Felicia Court and Colonia Road communities and the surrounding La Colonia & Central Oxnard neighborhood; and
WHEREAS, HUD has provided a FY 2024 Choice Neighborhoods Planning Grant Agreement (Grant Agreement) to OHA that sets forth the roles, responsibilities, and deliverables of the grant, and includes the Assistance Award/Amendment form (HUD- 1044); and
WHEREAS, the OHA Executive Director must execute both the HUD-1044 and the Grant Agreement for submission to HUD; and
WHEREAS, HUD requires a Board Resolution from the OHA Board of Commissioners authorizing the Executive Director to sign the Grant Agreement and HUD- 1044.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the City of Oxnard that:
1. The OHA Executive Director is authorized to execute the FY 2024 Choice Neighborhoods Planning Grant Agreement and the Assistance Award/Amendment form (HUD-1044) on behalf of OHA and return all signed documents to HUD by no later than October 16, 2024.
2. The Executive Director is authorized to execute all documents and take all appropriate actions to carry out this Resolution consistent with its terms.
3. This resolution shall take effect immediately upon its passage. ///
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PASSED AND ADOPTED by the Board of Commissioners of the Housing Authority of the City of Oxnard at a regular meeting of said Council held on the 17th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Chairman
ATTEST:
Rose Chaparro, Secretary Designate
APPROVED AS TO FORM:
Stephen M. Fischer, General Counsel
275
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD AUTHORIZING THE CITY MANAGER TO SIGN THE FY 2024 CHOICE
NEIGHBORHOODS PLANNING GRANT AGREEMENT AND TAKE ALL
ACTIONS NECESSARY FOR THE ACCEPTANCE OF THE GRANT
WHEREAS, on September 9, 2024, U.S. Department of Housing and Urban Development (HUD) granted the City of Oxnard, as Co-Applicant, a Choice Neighborhoods Planning Grant in the amount of $500,000 to develop a Transformation Plan for the Felicia Court and Colonia Road communities and the surrounding La Colonia & Central Oxnard neighborhood; and
WHEREAS, HUD has provided a FY 2024 Choice Neighborhoods Planning Grant Agreement (Grant Agreement) to City of Oxnard that sets forth the roles, responsibilities, and deliverables of the grant; and
WHEREAS, the City Manager must execute the Grant Agreement for submission to HUD.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Oxnard that:
1. The City Manager is authorized to execute the FY 2024 Choice Neighborhoods Planning Grant Agreement on behalf of the City of Oxnard and return all signed documents to HUD by no later than October, 16 2024.
2. The City Manager is authorized to execute all documents and take all appropriate actions to carry out this Resolution consistent with its terms.
3. This resolution shall take effect immediately upon its passage. ///
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PASSED AND ADOPTED by the City Council of the City of Oxnard at a regular meeting of said Council held on the 17th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen C. Fischer, City Attorney
277
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: May 21, 2024
TO: City Council and Oxnard Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: United States Department of Housing Urban Development’s (HUD) Choice Neighborhoods Planning Grant Application.
RECOMMENDATION
That the City Council Authorize:
1. The City of Oxnard to participate as a co-applicant in a Choice Neighborhoods Planning Grant Application with the Housing Authority of the City of Oxnard;
2. The City Manager, or his designees, to enter into a Memorandum of Understanding with the Housing Authority of the City of Oxnard;
3. The use of $250,000 from the Community Development Block Grant Fund as a match for the Choice Neighborhoods Grant Application in Fiscal Year 2024-25;
4. The City Manager, or his designees, to fund new budget appropriations from the existing Community Development Block Grant appropriation; and,
5. The City Manager, or his designees, to execute all agreements, letters and forms necessary for the submission of the grant application, so long as it does not increase the amount of funds awarded or modify the project.
That the Board of Commissioners Authorize:
1. The Executive Director, or his designee, to submit a Choice Neighborhoods Planning Grant Application;
2. The Executive Director to enter into a Memorandum of Understanding with the City of Oxnard;
3. The use of $250,000 from the Housing Authority’s Central Fund as a match for the Choice Neighborhoods Planning Grant; and
4. The Executive Director, or his designees, to execute all agreements, letters and forms necessary for the submission of the grant application, so long as it does not increase the amount of funds committed or modify the project.
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:
BACKGROUND
The United States Department of Housing Urban Development’s (HUD) mission is rooted in expanding housing and economic opportunities for low income households, addressing homelessness and building great neighborhoods. HUD offers an array of funding opportunities to support programs that align with their mission, with one of their hallmark programs being the Choice Neighborhoods Program.
The Choice Neighborhoods Program leverages significant public and private dollars to support locally driven revitalization strategies that address struggling neighborhoods with distressed public housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and stakeholders, such as housing authorities, cities, 195
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schools, police, business owners, nonprofits and private developers, come together to create and implement a plan that revitalizes distressed public housing and addresses the challenges of the surrounding neighborhood.
The Choice Neighborhoods Program has three core goals:
1. Housing: Replace distressed public housing with high quality mixed income housing that is well managed and responsive to the needs of the surrounding neighborhood.
2. People: Improve outcomes of households living in the target housing related to employment and income, health, and children’s education.
3. Neighborhoods: Create the conditions necessary for public and private reinvestment in distressed neighborhoods to offer the kinds of amenities and assets, including safety, good schools, and commercial activity, that are important to the community.
The Choice Neighborhoods Program is comprised of two distinct funding opportunities including a planning grant and a subsequent implementation grant.
Choice Neighborhoods Planning Grants support the development of a comprehensive Neighborhood Transformation Plan (NTP), which focus on directing resources to address the program’s core goals of housing, people and neighborhoods. To achieve these core goals, communities are eligible to receive a planning grant to develop a comprehensive NTP. The NTP will become the guiding document for the revitalization of the public housing units while simultaneously directing the transformation of the surrounding neighborhood. Planning grant funds can be used to conduct studies, support outreach expenses, identify best practices and early action activities that accelerate revitalization. HUD released a Notice of Funding Opportunity (NOFO) on April 9, 2024 with the application due on June 10, 2024. Under the current Choice Neighborhoods Planning Grant NOFO, HUD made $10 million dollars available, with a maximum grant award of $500,000.
Choice Neighborhoods Implementation Grants support those communities that have undergone a comprehensive local planning process and are ready to implement their revitalization strategy to redevelop the distressed public housing and surrounding neighborhood. Implementation Grant funds can be used to construct affordable housing, acquire sites for redevelopment, provide supportive services, partner with employers and non-profits organizations to create jobs and job training programs and support activities that create sustainable communities. HUD typically releases the Choice Neighborhoods Implementation NOFO in September, with applications due in February, and makes $256 million available for awards up to $50 million each.
DISCUSSION
City Council adopted "2021-2025 City Council 5-Year Priorities" which included 25 overarching priorities, including the revitalization of specific corridors. Understanding City Council’s desire to revitalize priority neighborhoods, such as La Colonia and South Oxnard, staff continues to research and identify various funding sources that can drive investment and redevelopment in those neighborhoods.
The Choice Neighborhoods Program provides a unique opportunity to receive grant funding to complete robust outreach to develop a community led revitalization strategy and support the redevelopment of public housing and surrounding neighborhoods. In preparation for 2024 Planning Grant NOFO, staff released an RFP in July 2023, requesting Choice Neighborhoods Consulting and Grant Writing Services, which led to the selection of EJP Consulting Group, LLC (EJP).
EJP is full service consulting firm with vast experience in master planning, comprehensive neighborhood planning and redevelopment of public housing, and are nationally recognized experts in the Choice Neighborhoods Program.
In March 2024, EJP met with Housing Staff and toured the La Colonia and South Oxnard public housing sites and surrounding neighborhoods in an effort to determine their competitiveness for a Choice Neighborhoods Planning Grant.
Based on their evaluation, EJP recommended pursuing a Choice Neighborhoods Planning Grant for La Colonia and four Central Oxnard Neighborhoods including Fremont South, Wilson, Hobson Park East and Five Points Northeast. Attached is a map of the proposed planning area (Attachment 1).
Their evaluation identified the public housing sites at Felicia Court and Colonia Road, both located in La Colonia, as 196
279
strong candidates for redevelopment and conversion to high quality mixed income housing. The public housing sites and the proposed planning area meet additional threshold requirements for determining neighborhood eligibility under the Choice Neighborhoods Grant Program. Additionally, given the size of the public housing sites (170 units total), their location and proximity to key commercial corridors, as well as downtown Oxnard, and various public owned sites, provide the greatest opportunity for redevelopment and revitalization of both the public housing and the surrounding neighborhoods.
The NTP developed through the Choice Neighborhoods Planning Program will complement and draw upon existing planning and design efforts and will be created in partnership with existing community residents, local stakeholders and partner organizations who will provide technical expertise to various aspects of the plan including but not limited to urban design, development, infrastructure, education, youth empowerment, food access, transportation and mobility, public safety and employment.
Partnerships with governmental agencies, non-profits and service providers are a vital element to a successful application and development of a viable NTP. Partners that agree to participate will actively engage in the development of the NTP and will be relied upon for the experience in their respective field.
In addition to external partners, numerous city departments will need to participate in the planning process, namely the City Manager’s Office, Community Development, Public Works, Cultural and Community Services, Information Technology, Fire and Police Departments’. The participation of these departments is vital as many of the required elements of the NTP will rely on the expertise of these departments.
The Oxnard Housing Department will oversee all aspects of the planning process, including public outreach and management of contracted consultants and other partner organizations providing technical assistance on the NTP.
EJP recommends that the Oxnard Housing Authority be the lead applicant for the Choice Neighborhoods Planning Grant and the City of Oxnard be a co-applicant, in an effort to leverage both entities assets and resources. In order to memorialize the partnership, the grant requires that the City of Oxnard and Oxnard Housing Authority enter into a Memorandum of Understanding (Attachment 2).
If selected/awarded the grant, to actually receive grant funding, applicants must provide a match to support the cost of completing the NTP. See details in the FINANCIAL IMPACT section of this report.
Choice Neighborhood Planning Grant awards have historically been announced in Fall 2024.
If awarded a Choice Neighborhoods Planning Grant, EJP would be retained for consulting services, to facilitate all of the required elements of the NTP, which includes a comprehensive evaluation of the neighborhood, facilitate the planning process, development of plans and the identification of creative financing and implementation approaches.
A successful Choice Neighborhoods Planning Grant application provides the Housing Department with the framework for meeting the requirements for HUD’s Choice Neighborhoods Implementation Grant, which awards up to $50 million for the redevelopment Felicia Court and Colonia Road public housing sites and revitalization of the project area.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life. 197
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This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
The Choice Neighborhoods Planning Grant will support the development of the NTP, which is currently projected to cost $1,250,000. The Grant would provide $500,000, and the City of Oxnard requests three funding sources to provide the remaining $750,000.
The Housing Authority’s Central Fund has $250,000 available to support their portion of the match requirement. Staff requests that the City Council authorize the use of $250,000 from the Community Development Block Grant fiscal year 2024-2025 existing appropriation (fund 2018105-57410) for the grants required match. If the grant is awarded, staff will bring to City Council a recommendation to appropriate an additional $250,000 from the General Fund.
If selected, in addition to the cash match, the Housing Authority and City will commit staff to support the grant. The staff committed to this project would be supported through the Housing Department’s current and standard budgetary resources. No additional staff resources will be needed to support the grant. Over the two-year planning process, approximately $609,985 of in-kind staff time from the Housing Authority and City will be made available to support the grant.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Planning Area Map
2. Memorandum of Understanding
3. PowerPoint Presentation
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Choice Neighborhoods Planning Grant
Emilio Ramirez, Director
Housing Department
City Council and Oxnard Housing Authority
October 1, 2024
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BACKGROUND 2
1. The United States Department of Housing and Urban Development’s (HUD) offers an array of funding opportunities to support programs that align with their mission, with one of their hallmark programs being the Choice Neighborhoods Program.
2. The Choice Neighborhoods Program leverages significant public and private dollars to support locally driven revitalization strategies that address struggling neighborhoods with distressed public housing.
3. The Choice Neighborhoods Program focuses on replacing distressed public housing with high quality mixed income housing, improving household outcomes related to employment, health, education and by creating the conditions necessary for public and private reinvestment in neighborhoods.
4. The Choice Neighborhoods Program is comprised of two distinct funding opportunities including a planning grant and a subsequent implementation grant.
5. Choice Neighborhoods Planning Grants support the development of a comprehensive Neighborhood Transformation Plan (NTP) that will guide the revitalization of the public housing units while simultaneously directing the transformation of the surrounding neighborhood.
283
BACKGROUND
1. Choice Neighborhoods Implementation Grants support those communities that have undergone a comprehensive local planning process and are ready to implement their revitalization strategy to redevelop the distressed public housing and surrounding neighborhood.
2. A successful Choice Neighborhoods Planning Grant application would provide the framework for meeting the requirements for a HUD’s Choice Neighborhoods Implementation Grant, which can award a grant of up to $50,000,000 to initiate redevelopment.
3. In preparation for the 2024 Planning Grant NOFO, staff released an RFP in July 2023, requesting Choice Neighborhoods Consulting and Grant Writing Services, which led to the selection of EJP Consulting Group, LLC (EJP).
4. On April 9, 2024, HUD released the Choice Neighborhoods Planning Grant NOFO, which included a submission deadline of June 10, 2024.
5. On May 21, 2024, City Council and the Board of Commissioners of the Oxnard Housing Authority, authorized a partnership between the City of Oxnard and the Oxnard Housing Authority for the submission of a 2024 Choice Neighborhoods Planning Grant for La Colonia and four Central Oxnard neighborhoods, with the Oxnard Housing Authority identified as the lead applicant.
6. Successfully submitted a Choice Neighborhoods Planning Grant application on June 6, 2024. 3 284
PROPOSED PLANNING AREA MAP 4
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DISCUSSION
1. On September 9, 2024, staff received notification from HUD that the City of Oxnard and Oxnard Housing Authority were awarded a Choice Neighborhoods Planning Grant in the amount of $500,000.
2. Immediately after receiving the award letter, HUD sent a copy of the grant agreement (agreement) and HUD 1044 form for execution. HUD is requiring the agreement and HUD 1044 form be fully executed, accompanied by a resolution and submitted to their office by October 16, 2024.
3. Staff wanted to bring one comprehensive staff report with multiple actions to prepare for the grant’s implementation; however, due to the imminent grant agreement submission deadline, staff decided to bifurcate the actions, with today’s report being the first action.
4. Staff will return to City Council to request approval of an amendment to EJP’s contract to facilitate and prepare all of the required elements of the NTP. 5 286
FINANCIAL IMPACT
1. By executing the grant agreement, the City and Housing Authority commit to completing the NTP, which is projected to cost $1,250,000. This two year project will be funded by a $500,000 HUD grant, $250,000 from Gen Fund Reserves, $250,000 FY2024-25 CDBG allocation and $250,000 from the FY 2024-25 Housing Authority Central Fund.
2. This action delegates any agreements between the City and Housing Authority to the City Manager and the transfer will occur in FY 2024-25. Staff will return with any other appropriations necessary to complete this project given the time constraints to meet the HUD timelines.
3. The grant will provide $500,000 and the City and Housing Authority must fund the remaining $750,000. As described earlier in this report, staff received authority to use $500,000 towards the NTP Approval of the recommended action will appropriate $250,000 from the General Fund to meet the grant match requirement.
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RECOMMENDATION
That the City Council:
1. Adopt a resolution authorizing the City Manager, or his designee to:
a. execute the Fiscal Year 2024 Choice Neighborhoods Planning Grant Agreement for an amount of $500,000, as a co-grantee, on behalf of the City of Oxnard; and b. execute all documents necessary for the acceptance of the Fiscal Year 2024 Choice Neighborhoods Planning Grant.
2. Authorize a FY 2024-25 budget appropriation in the amount of $250,000 from the General Fund (101) available fund balance, and transfer to the City Housing Authority, and authorize the City Manager, or his designee to take all actions necessary to effectuate the transfer.
That the Board of Commissioners:
1. Adopt a resolution authorizing the Executive Director, or his designee to:
a. execute the Fiscal Year 2024 Choice Neighborhoods Planning Grant Agreement in the amount of $500,000, as the lead grantee, on behalf of the Housing Authority of the City of Oxnard; and
b. execute the HUD-1044 form and all other documents necessary for the acceptance of the Fiscal Year 2024 Choice Neighborhoods Planning Grant.
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289
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.2
DATE: October 1, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32500107 with Synagro West, LLC for Biosolids Hauling Services. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an Agreement with Synagro West, LLC in the amount not to exceed $10,000,000 with an initial term of one year from November 1, 2024 to October 31, 2025, with the option for four consecutive one-year period extensions that shall not exceed a total of five years for a final term ending October 31, 2029 for biosolids hauling services for the Wastewater Division.
(As of the date of this City Council agenda being posted, there is not yet an outcome from the September 24, 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/SJbqnk0JWj0
BACKGROUND
As a result of the wastewater treatment process, biosolids are generated, which are the solid organic material remnants.
Biosolids are collected at the Oxnard Water Resource Recovery Facility (WRRF) primary clarifiers and secondary sedimentation tanks and sent to the anaerobic diesters where they are stabilized. Digested solids are then dewatered using belt filter presses, loaded onto trailers, and transported to a disposal site by a third party contractor. The cost for the hauling and disposal of the biosolids is based on trailer tonnage. The WRRF produces approximately 80 wet tons of biosolids per day, which meet all requirements for biosolids disposal per our National Pollution Discharge Elimination System (NPDES) permit.
DISCUSSION
The Purchasing Department released Request for Bid (RFB) PW 24-120 for Biosolids Hauling Services for the Wastewater Division on May 28, 2024, with a bid due date of July 11, 2024. The City received a total of three bids from the following contractors:
• Synagro West, LLC (Synagro)
• Ecology Auto Parts, Inc.
• Holloway Environmental Solutions, LLC
The bids were reviewed and tabulated by the Purchasing Division with a determination that Synagro was the lowest priced bidder. Additionally, Synagro meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, corporate filing with the California Secretary of State, as well as the necessary permits to operate a composting facility. 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. 290
Specifically, Synagro will transport Oxnard Biosolids to their Liberty Composting facility in Lost Hills, CA. Synagro plans to further process the biosolids using composting, which can then be used commercially. The facility is used by multiple Ventura County municipalities including the cities of Ventura, Moorpark, Fillmore, and Camarillo. City Staff will tour the facility and regularly check for permit status from the following agencies:
• San Joaquin Valley Air Pollution Control District – Permit to Operate • Kern County Public Health Services Department – Environmental Health Permit • California Regional Water Quality Control Board – Revised Monitoring and Reporting Program No. R5-2005- 0077
The final product will meet the requirements of California Senate Bill 1383 by diverting organic waste from landfills through composting.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with Synagro West, LLC for biosolids hauling services shall not exceed $10,000,000 over the entire term of five years, if extended. Funding for this Agreement has been programmed and is available in the Fiscal Year 2024-25 Adopted Budget from the Wastewater Operating Fund (611) on an as-needed basis. Payment shall be made when services are rendered, and there will be no guaranteed spending amounts throughout the agreement. Funding for subsequent fiscal years will be requested through the annual budget process.
Biosolids Hauling Estimated Spending Plan
6113614-54050
FY 24-25
(8 months)
FY 25-26
(12 months)
FY 26-27
(12 months)
FY 27-28
(12 months)
FY 28-29
(12 months)
FY 29-30
(4 months)
TOTAL
$1,300,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $700,000 $10,000,000
For Finance Use Only: Wastewater Operating Fund (Org. 6113614 Object 54050)
COMMITTEE OUTCOME
As of the date of this City Council agenda being posted, there is not yet an outcome from the September 24, 2024 Public Works and Transportation Committee. Staff is available to answer any questions.
Prepared by: Timothy Beaman, Assistant Public Works Director
ATTACHMENTS
1. Trade Service Agreement 32500107
2. Presentation
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TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND SYNAGRO WEST, LLC
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Synagro West, LLC (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES.
This Agreement is for the hauling of biosolids from the City of Oxnard’s Water Resource Recovery Facility to Service Provider’s Liberty Composting facility or South Kern Composting.
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
Synagro West, LLC (“SERVICE PROVIDER”), an LLC of the State of Delaware, located at 435 Williams Court, Suite 100, Baltimore, MD 21220
3. TERM OF AGREEMENT: From (Date): 11/1/24 To (Date): 10/31/25
3.1 Time is of the essence in this Agreement.
3.2 The CITY shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 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.
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3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT NOT TO EXCEED: $10,000,000.00
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: Fuel Surcharge
Exhibit D: Insurance Requirements: City Insurance Exhibit INS-I (Pollution) Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: 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, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Roberto Fuentes Name: John Hatcher Title: Wastewater Operations Manager Title: Key Account Manager Phone: (805) 271-2203 Phone: (510) 710-4445 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
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7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices.
10. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
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10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products 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.
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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 afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.
15. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of 296
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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 297
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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 298
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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 section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, 299
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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 approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and 300
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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 projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees.
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html 301
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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 G.
29. SUBCONTRACTING.
If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before 302
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a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.
CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
31. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 303
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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 with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
35. FORCE MAJEURE.
Neither the SERVICE 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 imposing additional obligations on the CITY are not binding upon the CITY’s Designated 305
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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.
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EXHIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
SCOPE OF SERVICES
City Project Manager for this Agreement: Roberto Fuentes, (805) 271-2203, [email protected]
Contractor shall provide transport and disposal services of Class B biosolids from the Oxnard Water Resource Recovery Facility (WRRF) to a legally permitted disposal or beneficial reuse site in compliance with 40 CFR Part 503 and any other applicable federal, state, or local regulations.
Contractor shall satisfy the following operational conditions:
1) Contractor shall follow the baseline schedule as set forth in attachment (A) for the transport of biosolids. Scheduled hauling shall occur Monday through Saturday, and Sunday if requested by the City. The schedule may be changed by either party through a mutually agreeable modification. Contractor shall abide by all laws, regulations, safety rules, and practices at the WRRF and disposal site.
2) No loaded biosolids trailer shall remain at the WRRF site longer than forty eight (48) hours, without approval from the City. City shall be responsible for loading and shuttling biosolids trailers to and from the WRRF loading area.
3) The City requires that the Contractor use certified scales at the disposal site to accurately account for all biosolids delivered from the WRRF to the disposal site.
Contractor shall provide annual scale certification to the City. Weight slips for each trailer load shall be submitted with the monthly invoice. Monthly invoices shall include a spreadsheet indicating daily certified weight from each trailer.
4) City will load all biosolids into Contractor supplied trailers for transportation by Contractor to the disposal site. The transportation services shall comply with the following provisions:
a) Contractor shall comply with all traffic scheduling, routing, health and safety rules, and regulations governing traffic to and from the WRRF.
b) Contractor shall ensure that materials from other sources do not contaminate or mix with WRRF generated biosolids.
c) Contractor shall ensure clean and odor-free empty trailers are provided for biosolids hauling.
d) Loaded biosolids shall become the property of the Contractor immediately upon the Contractor taking possession of the biosolids. Possession shall be defined as 308
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contractor connecting a loaded biosolids trailer to contractor’s transport vehicle.
e) Contractor shall supply an adequate number of trailers to transport biosolids from the WRRF to the disposal site. No fewer than two (2) trailers will be available on-site at the WRRF at all times to accommodate the City’s solids dewatering schedule. The trailers shall have capacity for a minimum of 22 tons and shall meet all California vehicle code requirements for weight and load distribution when normally filled. City will attempt to load the trailers reasonably close to, but not over, the capacity of the trailers. Trailers shall be free of any biosolids on the exterior, tightly covered, and watertight to prevent dripping and spilling during transportation.
f) Contractor shall inspect each trailer for roadworthiness prior to leaving the WRRF site as required by California Vehicle code and shall correct any safety problems before transporting biosolids. All traffic citations or citations for violations of health and safety regulations by law enforcement or regulatory agencies shall be the responsibility of the Contractor.
g) It shall be the responsibility of the Contractor to assure that each transported load meets weight and load distribution requirements before transport. If any load does not meet these requirements, Contractor will notify the City’s representative before moving the trailer outside the WRRF. City will coordinate the redistribution of weight as needed.
h) Contractor shall ensure transport trailers do not leak hydraulic fluid or any other foreign substance. In the event that a leak does occur, Contractor shall be responsible for the cleanup.
5) Contractor’s disposal site shall have and maintain necessary environmental and regulatory permits and shall remain in good standing with the Environmental Protection Agency, State of California, and local agencies that regulate its activities.
6) All related operational permits for disposal or reuse of Class B biosolids at the disposal site shall be kept current. Contractor shall provide this information to the City when requested.
7) The City shall be copied on annual operations reports sent by the Contractor to the Environmental Protection Agency, the State, the Regional Water Quality Control Board, and local agencies.
8) Contractor shall provide a copy of their emergency response plan for spills and other contingencies.
9) A Fuel Surcharge will be allowable in the term of the contract. Please refer to the Fuel Surcharge Exhibit for limitations.
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EXHIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
SCHEDULE OF COMPENSATION
Transport and disposal
services of Class B
biosolids
Estimated daily
wet tons
Unit Price (per
ton) Daily Price
Base Rate 80 $61.95 $4,956.00
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EXHIBIT C
TRADE SERVICE AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
FUEL SURCHARGE
Fuel Service Charge:
To account for fluctuations of retail diesel prices, a Fuel Price Adjustment (FPA) will be allowable when the price exceeds or is below the range. The following FPA formula shall be calculated monthly and applied to the Base Cost if necessary:
The “Retail fuel price” for the purposes of this formula is the monthly average of all weekly diesel fuel prices ($/gallon) published by the U.S. Department of Energy, in the Energy Information Administration (EIA) Retail On- Highway Diesel Price Index for California. These values are available at http://www.eia.gov.
For the purpose of the FPA calculation, a nominal value of 25 WT/trip is used. The “Reference Price” will be set at plus or minus 10% of the previous year's annual rate (2023). No FPA shall apply if the retail fuel price is within 10% of the price at contract award.
A Fuel Price Adjust (FPA) in the form of a surcharge or discount will be made to the base fee in dollars per wet ton on a monthly basis as described in the formulas shown below . The FPA will not apply during periods when the monthly average of all weekly diesel fuel prices supplied by the US Department of Energy in the Energy Information Administration (EIA) California Retail on-Highway Diesel Price Index for a given month within 10% of $5.36 per gallon, or between $4.82 and $5.90 per gallon.
Example (For illustrative purposes only, numbers are purely examples) The Fuel Surcharge or discount shall be calculated as follows:
FPA = (Retail Fuel Price - Reference Price) x 330 miles/5.5 milers per gallon / 25 tons Where:
Retail Fuel Price = Average of all weekly diesel fuel prices supplied by US DoE Reference Price= $3.33 when Retail Fuel Price is below $3.33 per gallon $4.07 when Retail Fuel is priced above $4.07 per gallon Example No. 1 - Fuel Surcharge
Assume Fuel Price = $4.50 per gallon
FPA = [$4.50 - $4.07] x 232 miles/5.5 mpg/25tons= $0.73 per wet ton Total Fee = $41.00 + $0.73 = $41.73 per wet ton
Example No. 2 - Fuel Discount
Assume Fuel Price = $2.50 per gallon
FPA = [$2.50 - $3.33] x 232 miles/5.5 mpg/25tons= -$1.40 per wet ton Total Fee= $41.00 - $1.40 = $39.60 per wet ton
base Fee =$41.00
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EXHIBIT D
TRADE SERVICES AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
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.
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INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS WITH CONTRACTORS POLLUTION LIABILITY)
1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.
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).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-I.doc
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SAMPL
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE COMPANY
LETTER B COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY)
POLICY EXPIRATION DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [x] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER Contractors Pollution Liability and Contractors Pollution Errors & Omissions PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000
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 insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: ( ) Date Signed
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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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
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EXHIBIT E
TRADE SERVICES AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
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EXHIBIT F
TRADE SERVICES AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, 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 320
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PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.
8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.
10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
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Agreement No. 32500107
13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
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Agreement No. 32500107
EXHIBIT G
TRADE SERVICES AGREEMENT
(CITY of Oxnard and SYNAGRO WEST, LLC)
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/entityidentified 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 engagedin 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 institutionengaged 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
Rhylee Callan, Contract Admin. Manager
United States of America
76-0612566
8/1/2024
Pennsylvania
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Agreement 32500107 with Synagro West, LLC for
Biosolids Hauling Services
Public Works and Transportation Committee
September 24, 2024
City Council
October 1, 2024
Tim Beaman, PE
Assistant Director of Public Works
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RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with Synagro West, LLC in the amount not to exceed $10,000,000 with an initial term of one year from November 1, 2024 to October 31, 2025, with the option for four consecutive one-year period extensions that shall not exceed a total of five years for a final term ending October 31, 2029 for biosolids hauling services for the Wastewater Division.
325
RECOMMENDATION 3
That the City Council approve and authorize the Mayor to execute an Agreement with Synagro West, LLC in the amount not to exceed $10,000,000 with an initial term of one year from November 1, 2024 to October 31, 2025, with the option for four consecutive one-year period extensions that shall not exceed a total of five years for a final term ending October 31, 2029 for biosolids hauling services for the Wastewater
Division.
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BACKGROUND 4
• As a result of the wastewater treatment process, biosolids are generated
• Solid organic material remnants
• Collected at primary clarifiers and secondary sedimentation tanks • Stabilized in anaerobic digesters
• Digested solids are then dewatered using belt filter
presses, loaded onto trailers, and transported to a disposal site by a third party contractor
• Charged based on trailer tonnage
• The WRRF produces approximately 80 wet tons of biosolids per day, which meet all requirements for biosolids disposal per our National Pollution Discharge Elimination System (NPDES) permit 327
BACKGROUND 5
Primary Clarifiers - Separate liquids from solids
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BACKGROUND 6
Secondary Sedimentation Tanks - Additional solids generation 329
BACKGROUND 7
Digesters - Stabilize the solids
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• The Purchasing Department released Request for Bid
(RFB) PW 24-120 for Biosolids Hauling Services for the
Wastewater Division
• Released May 28, 2024
• Due date July 11, 2024
• RFB PW 24-120 Received three (3) submittals from the
following:
• Synagro West, LLC
• Ecology Auto Parts, Inc.
• Holloway Environmental Solutions, LLC
• Bids were reviewed by the Purchasing Department with the determination that Synagro was the lowest responsive
bidder
DISCUSSION 8
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DISCUSSION 9
• Based on the information submitted and additional
research completed by staff, we are confident that Synagro is well-equipped to provide reliable biosolids hauling
services
• Synagro will transport Oxnard biosolids to their Liberty Composting facility in Lost Hills, CA
• Biosolids will be then be further processed using composting, which can then be used commercially
• The final product will meet the requirements of California Senate Bill 1383 by diverting organic waste from landfills through composting
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DISCUSSION 10
• The Synagro facility is used by multiple Ventura County municipalities including:
• City of Ventura
• City of Moorpark
• City of Fillmore
• City of Camarillo
• City Staff will tour the facility and regularly check for permit status from the following agencies:
• San Joaquin Valley Air Pollution Control District – Permit to Operate
• Kern County Public Health Services Department – Environmental Health Permit
• California Regional Water Quality Control Board – Revised Monitoring and Reporting Program No. R5-2005-0077
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• Total cost shall not exceed $10,000,000 over the entire term of five years, if extended.
• Funding is available in the Fiscal Year 2024-25 Adopted Budget from the Wastewater Operating Fund (611) division on an as-needed basis.
• Funding for subsequent years will be requested through the annual budget process.
• Payment shall be made when services are rendered, and there will be no guaranteed spending amounts throughout the agreement.
FINANCIAL IMPACT 11
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End of Presentation
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