Oxnard City Council
April 29, 2025

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING THE OXNARD

CITY CODE TO REDUCE THE MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO

FIVE MEMBERS
WHEREAS, the Oxnard City Council has established a Library Board to advise on policies and procedures of the Oxnard Public Library; and WHEREAS, Education Code section 18910 is part of the Municipal Libraries Act (the “Act”), which authorizes municipal public libraries; and WHEREAS, The Act “prescribe[s] a detailed scheme for the establishment and operation of such libraries”; and
WHEREAS, Education Code section 18910 describes a library board as “consisting of five members;” and
WHEREAS, prior to 2018, the Library Board consisted of five members matching the number of the Oxnard City Council membership; and
WHEREAS, in 2018, the City expanded its City Council to seven members when it transitioned to district-based elections; and
WHEREAS, thereafter, the City Council expanded its Library Board to seven members; and
WHEREAS, City staff recently sought an opinion of the Office of the Attorney General (the “Attorney General”) on whether a general law city may expand its library board from five to seven members; and
WHEREAS, the Attorney General concluded that a general law city that has expanded its city council from five to seven members may not establish a seven-member municipal library board of trustees because Education Code section 18910 specifies that such a board consists of five members; and
WHEREAS, the Oxnard City Code must be amended to comply with the Education Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance.

Part 2. Code Amendment. Section 2-30 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-30. APPLICATION.
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Ordinance No.

(A) The following provisions shall apply to the following citizen advisory groups:
senior services commission, commission on community relations, library board, parks and recreation commission, homeless commission, planning commission, and cultural arts commission.
(B) Sections 2-31 through 2-35 and Sections 2-37 through 2-41 of this Division shall apply to the Library Board”
Part 3. Code Amendment. Section 2-66 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-66. ESTABLISHED; QUALIFICATIONS.
(A) There is hereby established a library board composed of fiveseven members appointed by the mayor with approval of the City Council. (B) (B) Members shall hold office for three years. In order to stagger the terms, the city council shall appoint members so that no more than two terms expire each year. One trustee’s term shall end on June 30, 2026. Two members’ terms shall end on June 30, 2027. Two members’ terms shall end on June 30, 2028. All trustees appointed thereafter shall serve a term of three years following the pattern established in this section.A member shall serve without compensation, shall reside in the city and shall be at least 18 years of age.
(C) Members are permitted to serve three consecutive terms. (D) A term of less than one year shall not be considered a full term. Terms shall expire on June 30 of the applicable years. A member shall continue in office for the term for which the member was appointed or until the member’s successor is appointed. (E) In the event of a vacancy, the mayor shall nominate a replacement to complete the term of the member creating the vacancy.
(F) A member shall serve without compensation, shall reside in the city and be at least 18 years old.”
Part 4. If any term or portion of this ordinance is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect.

Part 5 Pursuant to Government Code section 36933(c)(l), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five (5) days before the City Council's adoption of the ordinance.

Part 6. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) calendar days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code section 36933. Ordinance No. _____ was first read on _______ 2025, finally adopted on _________, 2025 to become effective on thirty (30) days thereafter.

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Ordinance No.

APPROVED AND ADOPTED this ______ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Luis Mc Arthur, Mayor
ATTEST:
________________________________
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen M. Fischer, City Attorney
1025
Ordinance No.

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA AMENDING THE OXNARD

CITY CODE TO REDUCE THE MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO

FIVE MEMBERS
WHEREAS, the Library Board was first established on December 26, 1906, along with the newly established Oxnard Public Library; and
WHEREAS, the Oxnard City Council has established a Library Board to advise on policies and procedures of the Oxnard Public Library; and WHEREAS, Education Code section 18910 is part of the Municipal Libraries Act (the “Act”), which authorizes municipal public libraries; and WHEREAS, The Act “prescribe[s] a detailed scheme for the establishment and operation of such libraries”; and
WHEREAS, Education Code section 18910 describes a library board as “consisting of five members”; and
WHEREAS, prior to 2018, the Library Board consisted of five members matching the number of the Oxnard City Council membership; and
WHEREAS, in 2018, the City expanded its City Council to seven members when it transitioned to district-based elections; and
WHEREAS, thereafter, the City Council expanded its Library Board to seven members; and
WHEREAS, City staff recently sought an opinion of the Office of the Attorney General (the “Attorney General”) on whether a general law city may expand its library board from five to seven members; and
WHEREAS, the Attorney General concluded that a general law city that has expanded its city council from five to seven members may not establish a seven-member municipal library board of trustees because Education Code section 18910 specifies that such a board consists of five members; and
WHEREAS, the Oxnard City Code must be amended to comply with the Education Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance. 1026
Ordinance No.

Part 2. Code Amendment. Section 2-30 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-30. APPLICATION.
(A) The following provisions shall apply to the following citizen advisory groups:
senior services commission, commission on community relations, parks and recreation commission, homeless commission, planning commission, and cultural arts commission.
(B) Sections 2-31 through 2-35 and Sections 2-37 through 2-41 of this Division shall apply to the Library Board”
Part 3. Code Amendment. Section 2-66 of the Oxnard City Code is hereby amended to read as follows:
“SEC. 2-66. ESTABLISHED; QUALIFICATIONS.
(A) There is hereby established a library board composed of five members appointed by the mayor with approval of the city council.
(B) Members shall hold office for three years. In order to stagger the terms, the city council shall appoint members so that no more than two terms expire each year. One trustee’s term shall end on June 30, 2026. Two members’ terms shall end on June 30, 2027. Two members’ terms shall end on June 30, 2028. All trustees appointed thereafter shall serve a term of three years following the pattern established in this section.. (C) Members are permitted to serve three consecutive terms. (D) A term of less than one year shall not be considered a full term. Terms shall expire on June 30 of the applicable years. A member shall continue in office for the term for which the member was appointed or until the member’s successor is appointed. (E) In the event of a vacancy, the mayor shall nominate a replacement to complete the term of the member creating the vacancy.
(F) A member shall serve without compensation, shall reside in the city and be at least 18 years old.”
Part 4. If any term or portion of this ordinance is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect.

Part 5 Pursuant to Government Code section 36933(c)(l), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five (5) days before the City Council's adoption of the ordinance.

Part 6. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) calendar days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code section 36933. Ordinance No. _____ 1027
Ordinance No.

was first read on _______ 2025, finally adopted on _________, 2025 to become effective on thirty (30) days thereafter.

APPROVED AND ADOPTED this ______ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Luis Mc Arthur, Mayor
ATTEST:
________________________________
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen M. Fischer, City Attorney
1028
Library Board City Code Updates
City Council
April 29, 2025
Kathleen Ashmore, Library Manager
1029
That the City Council approve the first reading by title only and waive further reading of the proposed Ordinance titled: AN

ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA

AMENDING THE OXNARD CITY CODE TO REDUCE THE

MEMBERSHIP OF THE OXNARD LIBRARY BOARD TO FIVE

MEMBERS
RECOMMENDATION 2
1030
• Library Board first established on December 26, 1906 with establishment of Oxnard Public Library
• California Education Code (CEC) requires that a municipal library be managed by a board of library trustees
consisting of five members serving three-year terms on a staggered basis.
• In 1998, the Library Board was updated to become an
advisory board to Council, and in 2019, it became a
seven-member board in alignment with council districts. • Although consistent with the spirit of the CEC, the current structure is not entirely consistent with the CEC.

BACKGROUND 3
1031
• In July 2024, staff recommended restructuring the Library Board to ensure full compliance with the CEC pending an opinion from the State Attorney General (AG) to determine if the Library Board could be a seven-member body
consistent with the current Council membership.
• In February 2025, the City received a response from the AG that a Library Board must remain at five members
consistent with CEC.
• To ensure compliance with the CEC, staff is recommending that City Council adopt an ordinance revising various
sections of the Oxnard City Code.

DISCUSSION 4
1032
CEC Sections 18910-18987 define that a public library shall be managed by a Board of Trustees which must:
• Consist of five members who are appointed by the Mayor with approval from City Council;
• Serve three-year, staggered terms;
• Hold monthly meetings;
• Comply with the Brown Act; and
• Report to the legislative body of the municipality by August 31st of each year on the state of the library.

The new Library Board of Trustees will be managed by the Library Manager. Meetings will tentatively take place on the third Wednesday of the month at 4:30 p.m. and be held in the Main Library. After Council approval, the City will conduct recruitment and coordinate with the Mayor to bring
nominations forward to the Council.

DISCUSSION 5
1033
QUESTIONS?
6 1034

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.5
DATE: April 29, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32500464 with Carollo Engineers, Inc. for Professional Engineering Services for the Digester Improvements Project. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize:

1. The Mayor to execute an Agreement with Carollo Engineers, Inc. for a total not to exceed value of $2,100,000 for Professional Engineering Services for the Digestion/Cogeneration Improvement Project PW 25-70; and

2. A budget appropriation of $1,504,000 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2408). (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/_2270K4dD0k

BACKGROUND
The Oxnard Water Resource Recovery Facility (WRRF) has three anaerobic digesters for treating wastewater solids. The resulting byproducts of the anaerobic digestion process are biosolids and digester (methane) gas. Currently, the biosolids are transported daily by a third party to a composting facility. Digester gas is used on-site to power the WRRF cogeneration facility. Digesters 1 and 2 were constructed in 1975. Digester 3 was built in 1990. Properly operating digesters are critical to meeting regulatory and operational requirements for the treatment and disposal of the digestion byproducts. A typical lifespan of the type of digesters at the WRRF ranges from 50 to 100 years for the structures, 10 to 20 years for equipment, and 30 to 50 years for underground utilities.

In 2017, the city completed the Public Works Integrated Master Plan (PWIMP). The work included the evaluation of existing facilities, equipment and processes to inform decision making and to develop a prioritized list of repair and replacement projects. All three digesters were identified for complete rehabilitation. Improvements to digester 2 are nearing completion as part of the ongoing Reliability Project construction.

The PWIMP recommended renovating digesters 1 and 3 after completion of the digester 2 rehabilitation. The work required as part of the rehabilitation of digesters 1 and 3 includes the addition of a new boiler and the replacement of the heat exchangers, gas mixing compressors, control system, sludge heating system, underground utility lines, and all related equipment.

The goals of the project are to increase the reliability of the digesters, create redundancy, reduce energy consumption, and enhance overall digestion performance.
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Capital Improvement Program (CIP) Reference:

Project No. C2408 - Digester/Cogeneration Improvement Project, Specification No. PW 25-70, CIP 2025-2029 - Adopted June 4, 2024 - Page 148.

DISCUSSION
The specific work for this project includes the following:
• Review of all existing data and previous reports
• Development of a Preliminary Design Report
• Inspection and condition assessment of digesters 1 and 3 and all related equipment and structures • Identification and preparation of permit applications • Development of bidding documents, including plans and specifications • Cost estimates
• Services during bidding
• Construction phase services
A request for proposals (RFP) was published on December 19, 2024, with proposals due on January 29, 2025. The RFP was sent directly to 33 firms and published on www.PublicPurchase.com and the City’s Purchasing website. The City received two proposals from Carollo Engineers, Inc. and AECOM Technical Services, Inc. The proposals were reviewed and evaluated by three staff members, consisting of the Wastewater Division Manager, and Project Managers from the Engineering and Wastewater Divisions.

Carollo Engineers, Inc. was selected as the most qualified firm to complete the work identified in the scope of work.

Consistent with the City’s procurement policy, the selection was based on the company profile, assigned staff, related project experience, project approach and understanding, and overall submittal responsiveness. Staff have confirmed that Carollo Engineers, Inc. meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.

Staff recommends awarding the agreement to Carollo to complete the Digester/Cogeneration Improvement Project for the WRRF. They have extensive experience in completing digester evaluation and planning studies and detailed design services. Carollo authored the Co‐Digestion Capacity in California Analysis for the State Water Resources Board in 2019.

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 cost to complete the scope of work for this project shall not exceed $2,100,000 over the five-year term. There is approximately $596,000 currently available in this Project (C2408) in the Wastewater Capital Fund (612) funded from the Wastewater Operating Fund (611). Since the design phase is starting this fiscal year, staff is requesting a budget appropriation of $1,504,000 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2408) to fund this agreement.

COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council. 1036
Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Agreement 32500464

2. Presentation
1037
Agreement No. 32500464

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND CAROLLO ENGINEERS, INC.

By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Carollo Engineers, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth.

City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

This agreement is for the rehabilitation of digester 1 and digester 3 at the Oxnard Water Resource Recovery Facility and includes the inspection and condition assessment, design, preparation of plans and specifications, permits, project cost estimates, bidding and engineering during construction for the upgrades.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.

Carollo Engineers, Inc., a corporation of the State of California, located at 2795 Mitchell Drive, Walnut Creek, California 94598

4. TERM OF AGREEMENT: From: April 30, 2025 To: April 29, 2026 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (4) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
1038
Agreement No. 32500464

D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $2,100,000.00

6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: [RESERVED]
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification

7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:

City Designated Representative
Name: Julie Jang
Title: Project Manager
Phone: 805-271-2220
Email: [email protected]
Address: 6001 Perkins Road,
Oxnard CA 93033
Consultant Designated Representative
Name: Rashi Gupta
Title: Senior Vice President
Phone: (714) 788-1925
Email: [email protected]
Address: 707 Wilshire Blvd, Suite 3290,
Los Angeles, CA 90017

8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.

A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.
1039
Agreement No. 32500464

B. 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.

C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

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

9. CONSULTANT’S SERVICES.

A. Consultant shall perform the tasks, obligations, and Services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.

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

10. COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” City shall pay Consultant an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.

11. PAYMENT and INVOICES. The City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.

A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of 1040
Agreement No. 32500464

those Services, and total amount due for the month. Invoices may be emailed to: [email protected].

B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.

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

D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this 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 4(B), then this Agreement shall not be extended.

13. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard City Code, Sections 4-59 and 4-60. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City 1041
Agreement No. 32500464

to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.

14. TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.

15. [RESERVED]

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

Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant T and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or 1042
Agreement No. 32500464

in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.

17. LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

19. STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement. 1043
Agreement No. 32500464

20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.

A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.

B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to 1044
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be a member of the public as that term is used in Government Code Section 7920.515.

E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22. NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its 1045
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officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. 1046
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C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

24. INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.

26. PREVAILING WAGE REQUIREMENTS. 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. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. 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.
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C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.

27. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit G.

28. SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. Consultant 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.

29. CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.

Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its 1048
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financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

30. DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.

31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request.

The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.

Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
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33. CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.

34. REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.

35. AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

36. ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For 1050
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every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.

38. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

39. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

40. FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.

41. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

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

43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.

No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement. 1051
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45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.

46. EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.

48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

49. ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD CAROLLO ENGINEERS, INC.

☐Luis Mc Arthur, Mayor1 Date Rashi Gupta, Senior Vice President Date ☐Jennifer Yates, Purchasing Manager2

Kristi Powers, Corporate Secretary 3 Date
ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 1053
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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

SCOPE OF SERVICES

Project Manager: Julie Jang, Project Manager, (805) 271-2220, [email protected] Consultant shall provide all professional and support services necessary to manage, control, track, and report on the progress of work and expenditures under this scope of work.

TASK 1 – PROJECT MANAGEMENT

1. Project Management: Consultant shall manage all aspects of the project including scope, budget and schedule. The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget. It is assumed that the total project duration will be approximately 38 months, including an 18-month construction phase.

2. Kick-off Meeting: The Consultant shall facilitate a 1-hour kick-off meeting with City’s team. The goal of the meeting is to verify the project scope of work, schedule and budget. The Consultant will be responsible for developing an agenda and meeting minutes. The kick-off meeting may be conducted either virtually or in-person.

3. Progress Meetings: The consultant is required to facilitate monthly status meetings throughout the project's duration. The consultant is responsible for preparing meeting information and agendas prior to each meeting and for providing meeting minutes within three business days of each meeting. Additionally, the consultant should keep a complete action tracking log. Twenty (20) virtual progress meetings lasting up to 1- hour are assumed.

4. Workshops: The consultant will facilitate six (6) 1-hour virtual workshops during the design phase of the project. These workshops will be coordinated with the following draft deliverables: Background Study, Condition Assessment Summary, Preliminary Design Report, 60 Percent Design, 90 Percent Design, and Final Design.

5. Project Schedule: The consultant shall create a preliminary project schedule prior to the kick-off meeting. The schedule should be reviewed and updated at each monthly meeting.
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6. Project Communication: The consultant and Oxnard staff will develop a communications protocol to be discussed and finalized at the kick-off meeting.

7. Project Coordination: The consultant is responsible for coordinating all sub-consultant services, including site visits and inspections, and ensure coordination with Oxnard project staff.

8. Quality Assurance and Quality Control (QA/QC): The consultant shall implement quality management procedures throughout the project. The consultant's quality management staff will conduct a technical review of all deliverables before submission. The consultant must ensure that highly experienced and suitably qualified individuals perform technical reviews on all deliverables.

9. Monthly invoicing: The Consultant shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City.

Task 1 Deliverables:
● Monthly summary cover letter and invoices (pdf format) ● Meeting and Workshop agendas (pdf format)
● Meeting and Workshop minutes (pdf format)
TASK 2 – DATA AND INFORMATION REVIEW
The consultant shall review all existing data and previous reports and studies to be used as the basis of the work under this project. A request for information shall be submitted to support data gaps. The requested information will be provided by the City within 1- week of the submitted request for information. At a minimum, the following previous studies, reports and designs will be made available:
● Public Works Integrated Master Plan (Carollo 2017)
● Anaerobic Digester System Improvement PDR (AECOM 2017) ● Digesters #1 & #3 Heating and Mixing alternatives analysis (Carollo 2023) ● Food Waste Co-digestion in the Anaerobic Digesters (Carollo 2023) ● 2021 Oxnard Reliability Project (AECOM 2021)
Use and Rely: City shall furnish Consultant available studies, reports and other data pertinent to Consultant’s services; obtain or authorize Consultant to obtain or provide additional reports and data as required; and Consultant shall be entitled to use and reasonably rely upon all such information and services provided by City.

Task 2 Deliverables:
● Request for Information
● Data gap memo (pdf format)
● Background Study summary (MSWord and pdf format) to be used in the PDR TASK 3 – DIGESTER INSPECTION AND CONDITION ASSESSMENT
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A condition assessment shall be completed to confirm and expand on previous assessments. The condition assessment shall estimate the remaining useful life of all structures and equipment associated with Digester No. 1 and No. 3 and be used to inform required replacements. A seismic analysis shall be performed on the digester based on as-built information and standard methodologies.

At a minimum, the condition assessment shall include the following elements:
o Concrete structures
o Metal walkways and stairs
o Mechanical Equipment
▪ Mixing compressors
▪ Heat exchangers
▪ Above ground pumps, valves and piping
o Digester Process Piping
o Electrical conduits and devices
o Field Instruments
o Safety Systems
o All other related appurtenances
Historical information and previous studies should be used as the basis of the condition assessment.

Each digester will be isolated, locked-out-tagged-out, emptied, cleaned, and vented until the gas space within the tank is safe by the City prior to an interior inspection. The consultant shall assume that inspection of each digester will occur at different times. It is assumed that it will take approximately 2-months for the out-of-service digester to be brought back into service, achieve process stability, and to drain and clean the second digester for assessment.

The base scope includes a visual inspection of the interior and exterior of Digester No. 1 and No. 3. This inspection will also include a measure of concrete thickness protecting the reinforcing steel using surface penetrating radar at up to two locations per digester, an assessment of concrete condition by “sounding” on the lower 7-feet of each digester wall and floor, penetration measurements (using a chipping hammer) at four locations per digester, and measure of surface pH. Where appropriate, metal wall thickness at up to four locations will be determined and pit depth, where significant, will be measured.

Finally, the dry film thickness of any coatings in the digesters will be measured at up to four locations.

The assessment includes some non-destructive testing. This non-destructive testing includes taking up to two concrete core samples from each digester. These core samples shall be 3-inches in diameter or less with core locations to be determined based on concrete condition observed during the assessment. Core holes will be patched with a concrete repair product, no reinforcing shall be damaged during coring, and cores will not 1056
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go through the entire wall. One core sample from each digester will be laboratory tested for compressive strength per ASTM C42 while the other core sample from each digester will be used to take ½-inch incremental chloride, carbonation, and pH tests.

Task 3 Deliverables:
● Condition Assessment Summary (MSWord and pdf format) to be used in the PDR
TASK 4 – PERMITTING
The Consultant shall identify the necessary permits and requirements for the project. All permits required for the design and construction must be detailed in the Preliminary Design Report (PDR). At a minimum, the following potential permits should be assessed and applications completed, if required.

1. Coastal Development Permit

2. Ventura County Air Pollution Control District

3. CEQA/NEPA

4. City permits
TASK 5 – PRELIMINARY DESIGN REPORT
A Preliminary Design Report (PDR) shall be developed prior to detailed design. The PDR shall include, at a minimum, inspection reports, alternatives analysis, design criteria, process descriptions, civil, structural, mechanical, electrical, instrumentation, control design, and construction cost estimates. The PDR should clearly define all systems and infrastructure that will be included in the detailed design. The consultant shall interview operations and maintenance staff to inform the recommendations.

The following information should be included:
● A new gas mixing compressor scheme should be evaluated and up to two alternatives developed. The results should identify the preferred approach. ● A preliminary construction schedule indicating the proposed sequence of work, durations, and critical milestones should also be included. ● A list of anticipated technical specifications and drawings for all aspects of the facilities construction including civil, structural, mechanical, demolition, and electrical and instrumentation.

Consultant shall assume that that the location of a new boiler and associated heat loop will be determined under Task Order 01 of Agreement No. 32500308 (On-Call Professional Services). Work under this separate task order will also include submittal of a preprocurement package that includes technical specifications necessary for the City to prepurchase the boiler, three-way valve, hot water pump, and other associated long-lead equipment. The prepurchase package will be used by the City to procure the new boiler 1057
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system and appurtenances. The pre-procured boiler system will be incorporated into and installed under this project. Detailed design of the boiler and associated heat loop will be conducted under this contract.

Task 5 Deliverables:
● PDR shall fully document the options considered, analysis performed, references used, assumptions made, basis of design assumptions, Consultant’s recommendations, and consider long-term operational requirements. ● The draft PDR should be revised until it reaches the final version. The PDR shall be submitted in editable electronic Word version, including 11 x 17 schematic drawings and preliminary cost estimates.

TASK 6 – 60% DESIGN
The Consultant shall create a design, equivalent to the 60-percent design level, incorporating the approved basis of design and recommendations presented in the PDR.

Under this Task, the bulk of the preliminary design work shall be completed. The following is a proposed list of drawings and specifications that constitute the 60% design:

1. Title Sheet
● Vicinity and location maps with contacts
● Table of Contents
● General notes, symbols, abbreviations, and legends
● Standard Details

2. Demolition:
● Site and Removal Plan
● Removal Plans
● Standard Details

3. Civil
● Site plan w/underground utilities
● Standard details

4. Structural
● Structural Plans and Sections
● Concrete repair and rehabilitation
● Reinforcing Details

5. Process Design
● Process flow diagrams
● Piping and instrumentation diagrams

6. Mechanical Design
● Equipment layout plans
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● Piping plans and elevations

7. Electrical Design
● Electrical loading and demands
● Electrical equipment layout plans
● Electrical single line diagram

8. Specifications
● Technical specification with draft text in all sections Task 6 Deliverable:
● Plans shall include three hardcopies of 22’ x 34” plans and specifications along with electronic versions.
● Specifications shall be submitted as separate editable Word documents ● AACE Class 4 Cost estimate
TASK 7 – 90% DESIGN
Drawings and specifications shall incorporate comments from the 60% design review. At the end of the 90% design phase, drawings and specifications shall be substantially complete. The following tasks are to be completed:
● Demolition plans and details
● Civil plans
● Structural drawings and details
● Mechanical drawings and details
● Electrical drawings (equipment, instrumentation) and details ● Instrumentation and control drawings
● Complete Specifications
● Construction cost estimate
Task 7 Deliverable:
● Plans shall include three hardcopies of 22’ x 34” plans and specifications along with electronic versions
● Specifications shall be submitted as separate editable Word documents ● AACE Class 3 Cost estimate
TASK 8 – FINAL DESIGN
During the final design phase, comments from the 90% design submittal shall be incorporated into the drawings and specifications. This final submittal will be considered the bid set.

Tasks include:
● Production of final engineering drawings
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● Production of final technical specifications
● Production of final front-end specifications
● The Consultant shall prepare a Class 2 estimate of probable construction cost as defined by AACE for the 100% design package.

Task 8 Deliverable:
 Final drawings shall be signed and sealed by a professional civil engineer registered by the State of California. The Consultant shall provide three sets of 11” x 17” drawings, three sets of 22” x 34” (D Size) drawings, four sets of specifications, and one electronic copy in PDF format of the final design package for bid purposes.

The final specifications shall be submitted in both Word and PDF format. All drawings shall be prepared using the latest version of AutoCAD and dwg files be delivered to the City as part of the final submittal.
 AACE Class 2 Cost estimate
TASK 9 – BID PHASE SERVICES
The Consultant shall provide assistance to the City during the project advertisement and award period. Bid phase assistance shall include, at a minimum, the following:

1. Response to requests for information (RFIs) and requests for clarification (RFCs) received during the bid period. Consultant shall provide a written response to questions within two business days of questions received during the bidding period. The responses shall be provided in short memorandum format with the question and response shown.

2. Attendance and participation in the mandatory in-person 1-hour pre-bid meeting.

3. The Consultant shall incorporate all addenda issued during the Bid Period into a conformed set of contract documents.

TASK 10 – CONSTRUCTION PHASE SERVICES
Engineering services during construction (ESDC) shall include, at a minimum, the following:

1. Preconstruction Meeting: Attendance and participation in the in-person PreConstruction Meeting.

2. Project Progress Meetings: Attendance and participation in the virtual 1-hour Monthly Project Progress Meetings with the City and the Construction Manager to discuss the status of the Project and potential Project issues. The Consultant shall budget for a eighteen month duration for the construction phase.

3. Request for Information (RFI): The Consultant shall review and recommend responses to the construction contractor RFI’s at the City’s request. The RFI may 1060
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require alternatives analysis, cost estimating, design changes or related engineering prior to a response. The City will work closely with the Consultant on appropriate level of effort and responses. The Consultant shall budget for a total of 100 RFI’s.

4. Submittal Review: Consultant shall review all shop drawing and material submittals transmitted by the construction contractor. The Consultant shall budget for a total of 50 submittals.

5. Change Order Review: Consultant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request. The Consultant shall budget for a total of 10 change orders.

6. Project Close-out: The Consultant shall assist in the development of Project punch lists and coordinate the delivery of all Project-related documentation. The Consultant shall review all final documentation to ensure completeness.

7. Record Drawings: The Consultant shall prepare a record drawing set based on the red-line drawings submitted by the construction contractor. The record drawings shall be prepared using the latest version of AutoCAD and shall be transmitted to the City within 30 calendar days of receipt of the construction contractor’s red-line drawings.

Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats. In addition, the Consultant shall submit three hard copies of the record drawings on 22” x 34” bond paper.
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Agreement No. 32500464

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

SCHEDULE OF COMPENSATION

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Agreement No. 32500464

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Agreement No. 32500464

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

INSURANCE REQUIREMENTS

Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
[SEE NEXT PAGES]
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Agreement No. 32500464

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services.

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

3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager.

At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 3/25
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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 the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc

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Agreement No. 32500464

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO

LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

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

CANCELLATION

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

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE
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Agreement No. 32500464

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 NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

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

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

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed:
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Agreement No. 32500464

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 NAMED INSURED coverage. Per Occurrence  Per Claim (which) 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
Rev. 3/25
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Agreement No. 32500464

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)
[RESERVED]
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Agreement No. 32500464

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.

A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

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

D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E.

While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)

PREVAILING WAGE

1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.

Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

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

4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.

Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor.

The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.

6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all 1073
Agreement No. 32500464

apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.

8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

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

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

12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a 1074
Agreement No. 32500464

requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination. 1075
Agreement No. 32500464

EXHIBIT G

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CAROLLO ENGINEERS, INC.)
1076
Agreement 32500464 with Carollo Engineers, Inc.
for Professional Engineering Services for the
Digester Improvements Project
City Council
April 29, 2025
Timothy Beaman, P.E.

Assistant Public Works Director
1077
RECOMMENDATION 2
That the City Council approve and authorize:

1. The Mayor to execute an Agreement with Carollo
Engineers, Inc. for a total not to exceed value of $2,100,000 for Professional Engineering Services for the
Digestion/Cogeneration Improvement Project PW 25-70; and

2. A budget appropriation of $1,504,000 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund (612) appropriation increase in the same amount for this Project (C2408).
1078
BACKGROUND 3
• The Water Resource Recovery Facility (WRRF) has 3
digesters
• Digesters produce 2 byproducts
• Biosolids
• Methane gas
• Biosolids are transported off-site and composted
• Methane gas is used to power cogeneration engines to
produce electricity used in the WRRF
1079
BACKGROUND 4
• 2 digesters were built in 1975; the third was constructed in 1990
• The Public Works Integrated Master Plan recommended
the rehabilitation of digester 2 followed by the rehabilitation of digesters 1 and 3
• Digester 2 rehabilitation is nearing completion
• Planning and design work for digesters 1 and 3 is required as part of the rehabilitation process
1080
BACKGROUND 5
Wastewater Digesters 1081

DISCUSSION
• The Purchasing Department released Request for
Proposals (RFP) PW 25-70 for Digester Improvements
Project on December 19, 2024
• The RFP was sent directly to 33 firms, posted on Public Purchase and on the City’s website
• Proposals were due on January 29, 2025
• Two proposals were received from:
• Carollo Engineers, Inc.
• AECOM Technical Services, Inc.
6 1082

DISCUSSION
• The proposals were reviewed by:
• Wastewater Division Manager
• Wastewater Project Manager
• Engineering Project Manager
• Carollo was determined to be the best value based on:
• Company profile
• Assigned staff
• Related project experience
• Project approach and understanding
• Overall responsiveness
7 1083
• Under this agreement Carollo will provide the following services:
• Review of all existing data and previous reports
• Development of a Preliminary Design Report
• Inspection and condition assessment of all related equipment and structures
• Identification and preparation of permit applications • Development of bidding documents including plans and
specifications
• Cost estimates
• Services during bidding
• Construction phase services
DISCUSSION 8
1084
FINANCIAL IMPACT 9
• The total cost for this Agreement shall not exceed
$2,100,000 over five years
• There is approximately $596k available in this Project C2408 from the Wastewater Capital Fund (612).
• Since the design phase is starting this fiscal year, staff is requesting a budget appropriation of $1,504,000 from the Wastewater Operating Fund (611) available fund balance, as well as the corresponding Wastewater Capital Fund
(612) appropriation increase in the same amount for this Project (C2408) to fund this agreement

1085
End of Presentation
1086

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.6
DATE: April 29, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Reimbursement of Service Charges to Special Districts. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize the City Manager to approve:

1. Transfers in the total amount of $49,531.62 from the General Fund (101) available fund balance to seven Landscape Maintenance Districts (Fund 120), with the corresponding budget appropriation adjustments for reimbursement of service charges, including interest; and

2. Transfers in amounts detailed in Table 2 of the Financial Impact section from six Landscape Maintenance Districts (Fund 120) available fund balances to six other Landscape Maintenance Districts (Fund 120), and subsequent transfers to and from the General Fund (101) for changes in General Benefit contributions with the corresponding budget appropriation adjustments for reimbursement of service charges, including interest. (This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on March 19, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/IRqjAOzkDuI

BACKGROUND
The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including bonded and non-bonded Community Facilities Districts (CFDs), Landscape Maintenance Districts (LMDs), Waterways Maintenance Assessment Districts (WADs), and a Maintenance Assessment District (MAD). Each of these Special Districts has specific authorized individual services and improvements, including, but not limited to: maintenance of park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains.

Properties within each District are assessed an annual parcel charge for the purposes of maintaining the improvements and other authorized services. Many of the services are provided by Contractors, who invoice the districts individually for the service(s) that are completed within that district. Prior to payment, invoices are reviewed by Special Districts staff for confirmation of the services rendered and the costs allocated to the appropriate district, or other funding sources, as applicable. However, errors, while uncommon, must be corrected when staff confirms any discrepancy.

In September 2023, a resident brought to the Special Districts Division’s attention that there may have been charges to LMD-28 for sidewalk displacement grinding services that should have been charged to another funding source, since the area in question was not a component of that LMD. After reviewing the completed sidewalk maintenance records for LMD-28, the inaccurate charges were confirmed by Special District staff. Staff then reviewed all of the sidewalk maintenance charges that were performed within the LMDs. The result was a City Council-approved reimbursement on March 19, 2024, to the various LMDs totaling $168,247.67. 1087
As part of that March 19, 2023 staff report, Public Works staff noted that additional review would be done to check for other potential discrepancies for services beyond the sidewalk displacement grinding. Consistent with the starting timeframe that was reviewed for the sidewalk displacement grinding services, a staff member in the City Manager’s Office was assigned to perform spot checks for invoice discrepancies that were billed to the LMDs from Fiscal Year 2017-18 through Fiscal Year 2021-22. Since FY 2022-23, the Special Districts Division has staffing levels sufficient to continue conducting these spot checks.

DISCUSSION
The spot checks that were performed by staff from the City Manager’s office included invoices for monthly landscape maintenance services, tree trimming and removal, pest control, fence repair and replacement, and lighting repairs. The methodology for the review included the following quality control measures: confirmation that the services were performed within the appropriate District, confirmation that the services correspond with that fiscal year’s LMD Engineer’s Report, use of the City’s Geographic Information Systems (GIS) to verify each District’s boundaries and improvements, and use of the Finance Department’s Chart of Accounts to ensure the correct account numbers were used.

It is important to note that in cases where a service to an LMD authorized improvement was performed, but the corresponding invoice was unclear, potentially questionable, or staff was not able to validate a charge, the recommendation from staff was to err on the side of caution and reimburse the charges in question. For further details, please see the City Manager’s Office Memo, dated January 30, 2025, attached hereto as Attachment 1.

The findings from the City Manager's Office concluded that a total of $40,455.54 was incorrectly allocated or was questionable enough to recommend reimbursement among the LMDs. There is a difference of $570 between the total amount identified within the attached memo and the amount identified within this report. This is due to the inclusion of the entire amount of a single invoice, rather than a partial total, after further review of the specific charge. This table represents the total amount, per fiscal year, that was incorrectly charged to various LMDs.

Sum of Identified Charges
FY 17/18 $5,104.15
FY 18/19 $24,500.00
FY 19/20 $4,477.39
FY 20/21 $5,004.00
FY 21/22 $1,370.00
TOTAL $40,455.54
The necessary corrections for each impacted LMD are listed in the Financial Impact section.

Staff does not expect any further reimbursements to correct LMD service charges. However, staff is currently reviewing all LMD utility charges and expect some additional corrections to be presented to the City Council once that analysis is completed.

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

FINANCIAL IMPACT
The transfer amounts and corresponding budget appropriations, which include interest and applicable general benefit contributions, are outlined in Tables 1 and 2 below. To distinguish between transfers from the General Fund (Fund 101) and those occurring between various Landscape Maintenance Districts (LMDs), the details have been separated accordingly in the table.

The interest reimbursement adjustment was calculated taking into consideration the following assumptions: 1) Each respective invoice was paid within 30 days of the invoice date; and 2) the Local Agency Investment Fund (LAIF) interest 1088
rate was applied for each quarter through the quarter ending December 31, 2024. Since the LAIF rate for the quarter ending March 31, 2025, is not yet available, the interest for that quarter has been estimated using the trailing 4-quarter average of LAIF rates. The difference between the revised interest allocation and the original interest allocation is the proposed interest reimbursement. Additionally, the corresponding general benefit contribution attributed to these expenses has also been included in the transfer calculation.

Table 1.

General Fund To LMD Transfers
Fund From
Debit
Amount
(Invoice)
Debit Amount
(Interest)
Credit
Amount
(General
Benefit
Contribution
Refund)
Total Net
Debits Fund To Credit Amount
Credit Amount
(Interest)
Debit
Amount
(General
Benefit
Contribution
Refund)
Total Net
Credits
GF
(Fund 101) $ 4,175.00 $ 3,002.11 $ (83.50) $ 7,093.61 LMD 3 (20303801) $ (4,175.00) $ (3,002.11) $83.50 $ (7,093.61) GF
(Fund 101) $ 580.00 $ 282.89 $ (11.60) $ 851.29 LMD 3 (20303801) $ (580.00) $ (282.89) $11.60 $ (851.29) GF
(Fund 101) $ 288.44 $ 185.18 $ (5.77) $ 467.85 LMD 12 (21203801) $ (288.44) $ (185.18) $5.77 $ (467.85) GF
(Fund 101) $ 240.00 $ 172.58 $ (22.33) $ 390.25 LMD 14 (21403801) $ (240.00) $ (172.58) $22.33 $ (390.25) GF
(Fund 101) $ 1,476.00 $ 841.37 $ (29.52) $ 2,287.85 LMD 30 (23003801) $ (1,476.00) $ (841.37) $29.52 $ (2,287.85) GF
(Fund 101) $ 5,104.15 $ 4,347.85 $ (102.08) $ 9,349.92 LMD 34 (23403801) $ (5,104.15) $ (4,347.85) $102.08 $ (9,349.92) GF
(Fund 101) $ 17,685.00 $ 12,844.85 $ (2,162.88) $ 28,366.97 LMD 36 (23603801) $ (17,685.00) $ (12,844.85) $2,162.88 $ (28,366.97) GF
(Fund 101) $ 480.00 $ 276.14 $ (32.26) $ 723.88 LMD 42 (24203801) $ (480.00) $ (276.14) $32.26 $ (723.88) TOTAL
DEBIT $ 30,028.59 $ 21,952.97 $ (2,449.94) $ 49,531.62 TOTAL CREDIT $ (30,028.59) $ (21,952.97) $ 2,449.94 $ (49,531.62) Table 2.

LMD to LMD Transfers
Fund
From
Debit
Amount
(Invoice)
Debit
Amount
(Interest)
Credit Amount
(General Benefit
Contribution
From General
Fund)
Total Net
Debits Fund To Credit Amount
(Invoice)
Credit
Amount
(Interest)
Debit Amount
(General
Benefit Refund
to General
Fund)
Total Net
Credits
LMD 32
(23203801) $ 2,280.00 $ 1,363.27 $ (130.87) $ 3,512.40 LMD 28 (22803801) $ (2,280.00) $ (1,363.27) $ 45.60 $ (3,597.67) LMD 27
(22703801) $ 2,254.00 $ 1,126.02 $ (978.24) $ 2,401.78 LMD 32 (23203801) $ (2,254.00) $ (1,126.02) $ 129.38 $ (3,250.64) LMD 27
(22703801) $ 2,024.00 $ 1,037.59 $ (878.42) $ 2,183.17 LMD 38 (22803801) $ (2,024.00) $ (1,037.59) $ 40.48 $ (3,021.11) LMD 38
(22803801) $ 1,784.64 $ 1,232.01 $ (35.69) $ 2,980.96 LMD 39 (23903801) $ (1,784.64) $ (1,232.01) $ 63.18 $ (2,953.47) LMD 38
(22803801) $ 615.36 $ 424.81 $ (12.31) $ 1,027.86 LMD 39-1 (23913801) $ (615.36) $ (424.81) $ 21.78 $ (1,018.39) LMD 51
(25103801) $ 182.93 $ 91.38 $ (9.93) $ 264.38 LMD 39 (23903801) $ (182.93) $ (91.38) $ 6.48 $ (267.83) 1089
LMD 51
(25103801) $ 63.07 $ 31.51 $ (3.42) $ 91.16 LMD 39-1 (23913801) $ (63.07) $ (31.51) $ 2.23 $ (92.35) LMD 42
(24203801) $ 432.95 $ 266.73 $ (29.09) $ 670.59 LMD 40 (24003801) $ (432.95) $ (266.73) $ 8.66 $ (691.02) LMD 39
(23903801) $ 587.44 $ 289.72 $ (20.80) $ 856.36 LMD 46 (24603801) $ (587.44) $ (289.72) $ 20.80 $ (856.36) LMD 39-1
(23913801) $ 202.56 $ 99.90 $ (7.17) $ 295.29 LMD 46 (24603801) $ (202.56) $ (99.90) $ 7.17 $ (295.29) TOTAL
DEBIT $ 10,426.95 $ 5,962.94 $ (2,105.94) $ 14,283.95 TOTAL CREDIT $ (10,426.95) $ (5,962.94) $ 345.76 $ (16,044.13) Total Debit and Credit amounts within Table 2 will not balance due to the variations in General Benefit Contribution rates from LMD to LMD. The adjustments will be represented in each LMD’s subfund and identified in the Consolidated Engineer’s Report as part of the FY 2025-26 assessment process.

COMMITTEE OUTCOME
This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on March 19, 2024.

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

ATTACHMENTS

1. City Manager’s Office Spot Check Project Memo, dated January 30, 2025

2. City of Oxnard Special Districts Map

3. City of Oxnard Special Districts List

4. Presentation
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1103
1104
1105
1106
1107
1108
1109
1110
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 49 54
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

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

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
1111
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

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

COMMUNITY FACILITIES DISTRICTS
1112
Reimbursement of Service Charges to Special
Districts
City Council
April 29, 2025
Anthony Miller
Special Districts Manager
1113
RECOMMENDATION 2
That the City Council approve and authorize:

1. Transfers in the total amount of $49,531.62 from the General Fund (101) available fund balance to seven Landscape Maintenance Districts (Fund 120), with the corresponding budget appropriation adjustments for reimbursement of service charges, including interest; and

2. Transfers in amounts detailed in Table 2 of the Financial Impact section from six Landscape Maintenance Districts (Fund 120) available fund balances to six other Landscape Maintenance Districts (Fund 120), and subsequent transfers to and from the General Fund (101) for changes in General Benefit contributions with the corresponding budget appropriation adjustments for reimbursement of service charges, including interest.
1114

BACKGROUND
• The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and
administration of the City’s 50 Special Districts, including bonded and non-bonded Community Facilities Districts (CFDs), Landscape Maintenance Districts (LMDs), Waterways
Maintenance Assessment Districts (WADs), and a Maintenance Assessment District (MAD).
• Each District has specific authorized individual services and improvements.
3 1115

BACKGROUND
• Many of the services are provided by Contractors, who invoice the districts individually for the service(s) that are completed within that district.
• Prior to payment, invoices are reviewed for confirmation of the services rendered and the costs allocated to the appropriate district, or other funding sources.
• Errors, while uncommon, must be corrected when staff
confirms any discrepancy.
4 1116

BACKGROUND
• In September 2023, a resident brought to the Special Districts Division’s attention that there may have been charges to LMD28 for sidewalk displacement grinding services that should have been charged to another funding source.
• After review, the inaccurate charges were confirmed by staff. • Staff then reviewed all sidewalk maintenance charges that were performed within the LMDs.
• The result was a City Council-approved reimbursement on March 19, 2024, to the various LMDs totaling $168,247.67. 5 1117

BACKGROUND
• As part of the March 19, 2023 staff report, Public Works staff noted that additional review would be done to check for other potential discrepancies for services beyond the sidewalk displacement grinding.
• Consistent with the starting time frame that was reviewed for the sidewalk displacement grinding services, a staff member in the City Manager’s Office was assigned to perform spot checks for invoice discrepancies that were billed to the LMDs from Fiscal Year 2017-18 through Fiscal Year 2021-22.
6 1118

DISCUSSION
• Staff spot check items included invoices for monthly landscape maintenance services, tree trimming and removal, pest control, fence repair and replacement, and lighting repairs.
• Methodology for the review included:
• Confirmation that the services were performed within the appropriate District,
• Confirmation that the services correspond with that fiscal year’s LMD Engineer’s Report,
• Use of the City’s Geographic Information Systems (GIS) to verify each District’s boundaries and improvements,
• Use of the Finance Department’s Chart of Accounts to ensure the correct account numbers were used.
7 1119

DISCUSSION
• In cases where a service to an LMD authorized improvement was performed, but the corresponding invoice was unclear, potentially questionable, or staff could not validate a charge, the recommendation from staff is to reimburse the charge in question.
• City Manager’s Office Staff detailed their findings in a memo dated January 30, 2025, which is attached to this report. 8 1120

DISCUSSION
• Staff concluded that a total of $40,455.54 was incorrectly allocated or was questionable enough to recommend
reimbursement among the LMDs.
• There is a difference of $570 between the total amount identified within the attached memo and the amount identified within this report.
• This is due to the inclusion of the entire amount of a single invoice, rather than a partial total, after further review of the specific charge.
9 1121

DISCUSSION
• This table represents the total amount, per fiscal year, that was incorrectly charged to various LMDs.
10 Sum of Identified Charges
FY 17/18 $5,104.15
FY 18/19 $24,500.00
FY 19/20 $4,477.39
FY 20/21 $5,004.00
FY 21/22 $1,370.00
TOTAL $40,455.54
1122

DISCUSSION
• The necessary corrections for each impacted LMD are listed in the Financial Impact section.
• Staff does not expect any further reimbursements to correct LMD service charges.
• Staff is currently reviewing all LMD utility charges and expects some additional corrections to be presented to the City Council once that analysis is completed.
11 1123

FINANCIAL IMPACT
• The transfer amounts and corresponding budget appropriations, which include interest and applicable general benefit contributions, are outlined in Tables 1 and 2.
• Interest reimbursement was calculated taking into consideration the following assumptions:
1) Each respective invoice was paid within 30 days of the invoice date; and
2) Local Agency Investment Fund (LAIF) interest rate was applied for each quarter through the quarter ending December 31, 2024. The March 31, 2025 LAIF rate has been estimated using the trailing 4-quarter average of LAIF rates.
• Each transactions corresponding general benefit contribution which would have been attributed to these expenses has also been included in the transfer calculation.
12 1124

FINANCIAL IMPACT
• Table 1 - General Fund to LMD Transfers
13 Fund From
Debit
Amount
(Invoice)
Debit
Amount
(Interest)
Credit
Amount
(General
Benefit
Contribution
Refund)
Total Net
Debits
Fund To
Credit
Amount
Credit
Amount
(Interest)
Debit
Amount
(General
Benefit
Contribution
Refund)
Total Net
Credits
GF
(Fund 101) $ 4,175.00 $ 3,002.11 $ (83.50) $ 7,093.61 LMD 3 (20303801) $ (4,175.00) $ (3,002.11) $83.50 $ (7,093.61) GF
(Fund 101) $ 580.00 $ 282.89 $ (11.60) $ 851.29 LMD 3 (20303801) $ (580.00) $ (282.89) $11.60 $ (851.29) GF
(Fund 101) $ 288.44 $ 185.18 $ (5.77) $ 467.85 LMD 12 (21203801) $ (288.44) $ (185.18) $5.77 $ (467.85) GF
(Fund 101) $ 240.00 $ 172.58 $ (22.33) $ 390.25 LMD 14 (21403801) $ (240.00) $ (172.58) $22.33 $ (390.25) GF
(Fund 101) $ 1,476.00 $ 841.37 $ (29.52) $ 2,287.85 LMD 30 (23003801) $ (1,476.00) $ (841.37) $29.52 $ (2,287.85) GF
(Fund 101) $ 5,104.15 $ 4,347.85 $ (102.08) $ 9,349.92 LMD 34 (23403801) $ (5,104.15) $ (4,347.85) $102.08 $ (9,349.92) GF
(Fund 101) $ 17,685.00 $ 12,844.85 $ (2,162.88) $ 28,366.97 LMD 36 (23603801) $ (17,685.00) $ (12,844.85) $2,162.88 $ (28,366.97) GF
(Fund 101) $ 480.00 $ 276.14 $ (32.26) $ 723.88 LMD 42 (24203801) $ (480.00) $ (276.14) $32.26 $ (723.88) TOTAL
DEBIT
$ 30,028.59 $ 21,952.97 $ (2,449.94) $ 49,531.62
TOTAL
CREDIT
$ (30,028.59) $ (21,952.97) $ 2,449.94 $ (49,531.62)
1125

FINANCIAL IMPACT
• Table 2 - LMD to LMD Transfers
14 Fund From
Debit Amount
(Invoice)
Debit Amount
(Interest)
Credit Amount
(General
Benefit
Contribution
From General
Fund)
Total Net
Debits
Fund To
Credit Amount
(Invoice)
Credit Amount
(Interest)
Debit Amount
(General
Benefit Refund
to General
Fund)
Total Net
Credits
LMD 32
(23203801) $ 2,280.00 $ 1,363.27 $ (130.87) $ 3,512.40 LMD 28 (22803801) $ (2,280.00) $ (1,363.27) $ 45.60 $ (3,597.67) LMD 27
(22703801) $ 2,254.00 $ 1,126.02 $ (978.24) $ 2,401.78 LMD 32 (23203801) $ (2,254.00) $ (1,126.02) $ 129.38 $ (3,250.64) LMD 27
(22703801) $ 2,024.00 $ 1,037.59 $ (878.42) $ 2,183.17 LMD 38 (22803801) $ (2,024.00) $ (1,037.59) $ 40.48 $ (3,021.11) LMD 38
(22803801) $ 1,784.64 $ 1,232.01 $ (35.69) $ 2,980.96 LMD 39 (23903801) $ (1,784.64) $ (1,232.01) $ 63.18 $ (2,953.47) LMD 38
(22803801) $ 615.36 $ 424.81 $ (12.31) $ 1,027.86 LMD 39-1 (23913801) $ (615.36) $ (424.81) $ 21.78 $ (1,018.39) LMD 51
(25103801) $ 182.93 $ 91.38 $ (9.93) $ 264.38 LMD 39 (23903801) $ (182.93) $ (91.38) $ 6.48 $ (267.83) LMD 51
(25103801) $ 63.07 $ 31.51 $ (3.42) $ 91.16 LMD 39-1 (23913801) $ (63.07) $ (31.51) $ 2.23 $ (92.35) LMD 42
(24203801) $ 432.95 $ 266.73 $ (29.09) $ 670.59 LMD 40 (24003801) $ (432.95) $ (266.73) $ 8.66 $ (691.02) LMD 39
(23903801) $ 587.44 $ 289.72 $ (20.80) $ 856.36 LMD 46 (24603801) $ (587.44) $ (289.72) $ 20.80 $ (856.36) LMD 39-1
(23913801) $ 202.56 $ 99.90 $ (7.17) $ 295.29 LMD 46 (24603801) $ (202.56) $ (99.90) $ 7.17 $ (295.29) TOTAL DEBIT $ 10,426.95 $ 5,962.94 $ (2,105.94) $ 14,283.95 TOTAL
CREDIT
$ (10,426.95) $ (5,962.94) $ 345.76 $ (16,044.13)
1126

FINANCIAL IMPACT
• Total Debit and Credit amounts within Table 2 will not balance due to the variations in General Benefit Contribution rates from LMD to LMD.
• The adjustments will be represented in each LMD’s subfund and included in the Consolidated Engineer’s Report as part of the FY 2025-26 assessment process.
15 1127

QUESTIONS
1128

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.7
DATE: April 29, 2025
TO: City Council
FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected] SUBJECT: Amendment to CalPERS Contract. (10 minutes)

RECOMMENDATION
That City Council:

1. Adopt a resolution of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Oxnard to provide a different level of benefits without improved industrial disability allowance for new local police members.

2. Approve the first reading by title only and waive further reading of an uncodifed ordinance titled: "Ordinance of the City Council of the City of Oxnard authorizing an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Oxnard." (This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/rAldRV_bamA

BACKGROUND
On June 4, 2024, the City Council finalized a three-year agreement with the Oxnard Peace Officer’s Association (OPOA), introducing a key modification by eliminating the enhanced disability benefit offered through CalPERS. Previously, this benefit enabled public safety employees retiring due to disability to receive up to 90% of their pension tax-free, compared to the 50% provided under the standard contract.

This adjustment affects only new hires starting after the ordinance takes effect, making them ineligible for the enhanced benefit while reducing their CalPERS contribution rates. Existing employees, however, will maintain their current higher contribution levels and retain the enhanced benefit, which is protected as a vested right under the Public Employee Retirement Law (PERL).

The Public Employees' Retirement Law requires an amendment of an agency's CalPERS contract to be approved by ordinance following adoption of a resolution of intention.

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

FINANCIAL IMPACT
1129
According to CalPERS, the new second tier employer rate for new employees entering this tier will be 29.54% and the new employee rate that is paid for by the employee will be 14.75%. The current employer rate for PEPRA employees who will continue to receive this enhanced benefit is 34.10% and the employee contribution is 16.5%.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Steve Naveau, Human Resources Director

ATTACHMENTS

1. Resolution of Intention To Adopt CalPERS Contract Amendment.v2

2. Uncodified Ordinance Re CalPERS Contract Amendment.v2

3. CalPERS AMENDMENT TO CONTRACT Exhibit

4. Presentation
1130

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE

CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA

PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE

CITY OF OXNARD
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:

To provide Section 20475 (Different Level of Benefits) without Section 21430 (Improved Industrial Disability Allowance) for new local police members entering membership for the first time with this agency in the police classification after the effective date of this amendment to contract.

NOW, THEREFORE, the City Council of the City of Oxnard resolves and does hereby give notice of intention to approve an amendment to the contract between the City Council of the City of Oxnard and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as an “Exhibit” and by this reference made a part hereof.

PASSED AND ADOPTED this _______ day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________
Luis Mc Arthur
Mayor
ATTEST:
1131
__________________________________
Lourdes A. López
City Clerk
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer
City Attorney
1132
Exhibit
[CalPERS AMENDMENT TO CONTRACT attachment to Agenda Report] 1133

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. ______
(UNCODIFIED)

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY

COUNCIL OF THE CITY OF OXNARD
The City Council of the City of Oxnard does ordain as follows:

Part 1. The City Council does hereby approve the “Amendment to Contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Oxnard” (the “Amendment”), which is attached hereto as an “Exhibit” and by this reference made a part hereof.

Part 2. The Mayor of the City of Oxnard is hereby authorized, empowered and directed to execute the Amendment for and on behalf of the City of Oxnard.

Part 3. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 4. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on April 29, 2025, and finally adopted on ______, 2025 to become effective thirty days thereafter.

PASSED AND ADOPTED this _______ day of ________, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Luis A. McArthur
Mayor
1134
ATTEST:
_____________________________
Lourdes A. López
City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer
City Attorney
1135
Exhibit A
[CalPERS AMENDMENT TO CONTRACT attachment to Agenda Report] 1136
1137
1138
1139
1140
1141

AMENDMENT OF CALPERS CONTRACT

AFFECTING THE OXNARD PEACE
OFFICERS’ ASSOCIATION
Presented to: City Council
Steve Naveau, Human Resources Director
April 29, 2025
1142
• Purpose
• To adopt an ordinance amending the City’s contract with CalPERS eliminating an enhanced disability retirement benefit for future employees.
• This group represents over 250 employees
• Affected employees in this unit consist of Police Officers, Police Corporals, Police Sergeants, and Public Safety Dispatchers. • Though Public Safety Dispatchers are in the bargaining unit, they are not considered safety by CalPERS, and so are not subject to the provisions of this contract amendment with CalPERS.

BACKGROUND 2
1143
• This ordinance eliminates an enhanced disability retirement provision
• The current benefit provides up to a 90% tax free pension when an employee is approved for a disability retirement
• This item will reduce the benefit to the standard 50% for all newly hired employees
• This change was requested by the OPOA during contract negotiations
CALPERS ORDINANCE BACKGROUND 3
1144
• Fiscal Impacts
• There is a reduction in the employer rate for this new tier. • New employer rate will be 29.54% though this is not immediate. • New employee rate will be 14.75% and will only be paid by new employees.
• Current PEPRA employees will continue to pay 16.5% since the enhanced benefit will still apply.

FISCAL IMPACTS 4
1145

QUESTIONS
1146
5