Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor and at the Oxnard main library, 251 South A Street during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.gov.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
AMENDED AGENDA
(Amended 4/3/26 to Add F-3 and Remote Participation for Councilwoman Rodriguez)
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY OXNARD PARKING AUTHORITY – Special Meeting (Closed Session C-2 Only)
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street April 7, 2026
Closed Session - 4:30 PM
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 827 3174 9608
3. Passcode: 849411
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY ME ET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.GOV.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by 3:00 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
1 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 2
b. Submit an email to [email protected] by 3:00 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet -based service option, the legislative body shall take no further action on items appearing on a meeting ag enda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative bo dy may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Parking Authority.
During this meeting, Councilwoman Rodriguez will be participating remotely from the following location: Carnival Firenze Cruise Ship, State Room 1385
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Aldana v. City of Oxnard
Ventura County Superior Court, Case No. 56-2020-00547139-CU-PO-VTA Legislative Body: City Council
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: South Plaza City/Parking Authority-Owned Parcels (Between West 5th and West 6th Streets and South B and South C Streets - 318 West Fifth St. (APN 202-0-103-210), 321 West Sixth St. (202-0-103-130), and APNs 202-0-103-115, 202-0-103-025, 202-0-103-175, 202-0-103-185, 202-0-103-225, 202-0-103-235, 202-0-103-145, and 202-0-103-205) Agency Negotiator: Brenda Lopez, Housing Director
Negotiating Party: Brad Steinberg and JB Jonesboro, LLC Under Negotiation: Price and terms of payment
Legislative Body: City Council, Oxnard Parking Authority 2 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 3
D. APPOINTMENT ITEMS (5:00 PM)
1. Cultural & Community Services Department
SUBJECT: Oxnard Public Library Annual Report. – Continue Item to April 21, 2026 RECOMMENDATION: That City Council receive the Oxnard Public Library annual report.
(This item did not originate in Committee.) This is a live presentation.
Please click the following link to view the required Measure M pre-recorded presentation video:
Legislative Body: City Council
Contact: Kathleen Ashmore, (805) 385-7522
2. Housing Department
SUBJECT: Downtown Oxnard Improvement Association Annual Report.
RECOMMENDATION: That the City Council receive and file the Fiscal Year 2024-25 Annual Report on the Oxnard Downtown Management District.
(This item did not originate in Committee.)
(Presentation will be live from Executive Director, Abel Magana, of the Downtown Oxnard Improvement Association)
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of April 2026 as "Fair Housing Month."
2. SUBJECT: Presentation of a Commendation to the Oxnard Police Explorers' Performance at ExCon 2026.
3. SUBJECT: Presentation of a Proclamation Designating April 2026 as "Arts, Culture and Creativity Month" in the City of Oxnard.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body, and on non-action items such as ceremonial items, report of city manager / executive director / secretary, and city council/ housing authority / successor agency / financing authority business / committee reports. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City 3 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 4
Manager / Executive Director / Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. SUBJECT: City Manager’s Corner: updates, announcements, clarifications, and local government fun facts on occasional Tuesdays.
I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
J. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Oxnard City Council Minutes.
RECOMMENDATION: That the City Council approve the regular meeting minutes of March 17, 2026.
Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805
2. Community Development Department
SUBJECT: Professional Service Agreements for Environmental Services with Dudek, Michael Baker International, Environmental Science Associates, and Eyestone Environmental.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Professional Services Agreements with Dudek (32600342), Michael Baker International (32600344), Environmental Science Associates (32600343), and Eyestone Environmental (32600356), for $750,000 each with a term of 3 years with an option for one, two-year extension.
(The Community Service, Public Safety, Housing and Economic Development Committee approved 3-0 on March 10, 2026.)
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
4 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 5
3. Finance Department
SUBJECT: Monthly Investment Report for the period ending February 28, 2026.
RECOMMENDATION: That the City Council receive and file the monthly investment report. This is an information item.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
4. Information Technology Department
SUBJECT: IT Position Reclassification.
RECOMMENDATION: That the City Council adopt a resolution to amend Resolution No. 15,885 to reclassify six existing full time equivalent positions in City service effective April 7, 2026 in accordance with the operating and capital budget for the 2025-2026 fiscal year.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Robert Ruben, (805) 385-7554
5. Public Works Department
SUBJECT: Project Contingency for Agreement 32600359 with Toro Enterprises, Inc. for Emergency Water Main Break Repairs Near 800 E. Pleasant Valley Road.
RECOMMENDATION: That the City Council approve and authorize a $10,000 project contingency for Agreement No. 32600359 with Toro Enterprises, Inc., increasing the contract amount to a new not-to-exceed total of $270,000.
(This item is a continuation of an item previously brought to the City Council on March 3, 2026.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. PUBLIC HEARINGS
N. REPORTS
1. Community Development Department
SUBJECT: The Process to Rename Cesar Chavez Drive.
RECOMMENDATION: That the City Council:
1. Review the process for renaming a City street; and
2. Find, pursuant to City Council Resolution 13,448 (“Policy and Procedures for Street Naming”), that renaming “Cesar Chavez Drive” would serve the public interest and benefit the public welfare by addressing community concerns arising from recent revelations about Cesar Chavez, thereby authorizing the City to proceed with the renaming process for this street in a manner otherwise inconsistent with the Policy and Procedures for Street Naming; and
3. Provide direction to City Staff on the process for identifying alternative street names. 5 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 6
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/skUNwXV5wWU
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
2. City Manager Department
SUBJECT: Direction on the Future of the Commission on Homelessness.
RECOMMENDATION: That the City Council:
1. Consider the future direction for the Commission on Homelessness, including (but not limited to) the following options:
A. Dissolve the Commission on Homelessness, or
B. Keep the Commission on Homelessness, or
C. Support the Mayor in holding informal discussion directly with residents, community members or other stakeholders on homeless issues (Homelessness Collaborative).
2. Take formal action regarding the future of the Commission on Homelessness, including (if applicable) providing direction to staff to bring back for City Council consideration any resolutions or ordinances necessary to implement the City Council’s decision regarding the Commission on Homelessness.
(The Community Services, Public Safety, Housing & Development Committee voted 3-0 on February 24, 2026 to refer the item to the full Council with 3 options)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/wSUY_e6jO08
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
3. City Manager Department
SUBJECT: 2026 Update on the City’s Municipal Carnegie Art Museum.
RECOMMENDATION: That the City Council receive and file the 2026 Update on the Carnegie.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 10, 2026.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/i1Yrr9zdxus
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
6 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 7
4. Police Department
SUBJECT: Oxnard Police Department "Military Equipment" Use Report for Calendar Year 2025.
RECOMMENDATION: That the City Council:
1. Receive the Police Department's annual report concerning its inventory and use of military equipment, in accordance with Government Code sections 7070-7075.
2. Approve the renewal of City of Oxnard Ordinance 3014, which is codified in Oxnard City Code Section 2-212 as the City’s “Military Equipment Policy” as required by Government Code section 7071 (e)(1).
3. Approve the continuing authorization for the funding, acquisition, and use of military equipment by the Oxnard Police Department’s military equipment inventory as required by Government Code section 7071 (e)(2).
4. Approve the acquisition and use of the following military equipment items:
a. Twenty-four (24) .223 caliber rifles
b. Thirteen hundred (1,300) 40mm projectile launcher Less lethal rounds c. Three thousand (3,000) Pepperball Projectiles
d. Eighty (80) CS / "Tear Gas" canisters
e. Ninety-five (95) Light, Sound, Diversionary Devices (LSDD's) f. Three (3) DJI Matrice 4T Uncrewed Arial Vehicle (UAV) and Twelve (12) Batteries for the corresponding UAV's
(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/joiCgSj8Fi8
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Housing Department
SUBJECT: Acquisition of Vacant Real Property Located at 5230 Cypress Road and 5208 Cypress Road and Identified with Assessor Parcel Numbers 222-0-042-120 and 222-0-042-110.
RECOMMENDATION: That the City Council adopt a resolution of the City Council of the City of Oxnard,
1. approving a Settlement Agreement (32600387) in the amount of one dollar ($1) for the acquisition of unimproved real property located at 5230 Cypress Road and 5208 Cypress Road from current landowner Habitat for Humanity, Ventura County, Inc. and
2. authorizing the Housing Director or designee to execute any and all documents necessary to complete the acquisition.
(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/6SaQ_8FlPP4
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
7 OXNARD CITY COUNCIL OXNARD PARKING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 7, 2026 PAGE 8
6. Public Works Department
SUBJECT: Fourth Amendment to Agreement A-8136 with Enterprise Fleet Management.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Fourth Amendment to the Agreement with Enterprise Fleet Management, Inc., increasing the current agreement value by $3,500,000 for a total not to exceed amount of $18,813,000 and extend the term through April 18, 2027, utilizing the Sourcewell contract 030122-EFM for Fleet Management Services that includes vehicle leasing and maintenance management.
(This item did not originate in Committee as it is a continuation from an item previously taken to Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/KOrRC72qY6w
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. City Attorney Department
SUBJECT: Fireworks Ordinance.
RECOMMENDATION: That the City Council approve and introduce by title only and waive further reading of an ordinance titled:
"ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING SECTION 7-56 OF ARTICLE III OF CHAPTER 7; REPEALING SECTION 7-147.1 FIREWORKS OF ARTICLE VIII OF CHAPTER 7; AND ADDING ARTICLE XVI OF CHAPTER 7 PERTAINING TO THE REGULATION OF FIREWORKS, PYROTECHNICS AND PRODUCTION EFFECTS; VIOLATIONS TO THE OXNARD CITY CODE."
(The Community Service, Public Safety, Housing and Economic Development Committee approved 2-0 on March 24, 2026.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HnZfCZJUYWY
Legislative Body: City Council
Contact: Michelle McCarron, 805-385-3937
O. ADJOURNMENT
8 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: April 7, 2026
TO: City Council
FROM: Kathleen Ashmore, Library Manager, (805) 385-7522, [email protected]
SUBJECT: Oxnard Public Library Annual Report.
RECOMMENDATION
That City Council receive the Oxnard Public Library annual report.
(This item did not originate in Committee.) This is a live presentation.
Please click the following link to view the required Measure M pre-recorded presentation video:
BACKGROUND
California state law requires public libraries to have a governing or advisory library board that submits an annual report on the condition and progress of the library. This requirement appears in the California Education Code (CEC), which outlines the responsibilities of library boards, including providing an annual report to the legislative body that oversees the library.
Following an opinion from the California Attorney General providing clarity on the membership of the library board, the City Council adopted Ordinance No. 3059 on May 20, 2025, and formally reestablished a five-member Library Board to be appointed by the Mayor and approved by the City Council. Since then, staff have supported the Mayor’s Office in recruiting community members to re-establish the library board. On March 17, 2026, the City Council approved the Library Board appointments.
Due to members of the Library Board only recently being appointed, the responsibility to ensure compliance with the library’s annual reporting requirement currently falls to library administration. To meet the intent of state law — transparency and accountability — the Library Manager will present the annual report directly to the City Council. This live presentation will include Library Services highlights from recent years, showcasing all library units, services, programs, community partners, space design, safety & security, and staff development.
The Oxnard Public Library Board is responsible for providing an annual report of activities to the City Council.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
There is no financial impact.
9 COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Kathleen Ashmore, Library Manager
ATTACHMENTS
1. 2026_Annual Report_Oxnard Public Library
10 OXNARD PUBLIC LIBRARY
2026 ANNUAL REPORT TO CITY COUNCIL
April 7, 2026
Presented by: Kathleen Ashmore, Library Manager
11 OXNARD PUBLIC LIBRARY
Annual Report of the Oxnard Public Library
California state law requires public libraries to have a governing or advisory library board that submits an annual report on the condition and progress of the library. This requirement appears in the California Education Code, which outlines the responsibilities of library boards, including providing an annual report to the legislative body that oversees the library. The 2026 Annual Report covers the following:
• Re-estabishing the Library Board & Next Steps
• Nonprofit Partner
• Units
• Services
• Community Partners
• Space Design
• Safety & Security
12 OXNARD PUBLIC LIBRARY - LIBRARY BOARD
Re-estabishing the Library Board
On February 21, 2025, the California Attorney General issued an opinion clarifying that the Oxnard Library Board must be a separate five-member body and cannot be comprised of the City Council. The following actions were taken to ensure compliance with the California Education Code (CEC).
1. Establish five-member Library Board of Trustees
• Complete: Ordinance 3059 took effect on May 25, 2025, formally reestablishing a five-member Library Board to be appointed by the Mayor and approved by the City Council.
2. Recruit and appoint members to re-establish the library board. • Pending: Final appointments establishing a quorum are scheduled for review by the City Council on 3/17/2026.
13 OXNARD PUBLIC LIBRARY - LIBRARY BOARD
Next Steps
1. Establish monthly meetings with the library board.
• Pending: T entatively set to begin April 2026
2. Approve library policies as they are updated to have current policies that are relevant to current library practices.
3. Once board is established, additional goals will be created by the board for 2026-2027.
4. Focuses on recommending policies and programs related to public libraries to the city council, and representing the needs and views of the community to the library staff and city council. 14 Nonprofit Partner
The Friends of the Oxnard Public Library are a long‑standing nonprofit partner that raises money, builds community support, and enhances programs and services across all three Oxnard library branches. They operate independently from the City but exist solely to strengthen the library’s impact.
● Host book sales and fundraising events.
● Operate the Friends Books & Things Gift Shop.
● Promote community awareness of the library.
● Fundraisers go toward library programs and materials.
T oppers Fundraiser! @ 111 E Gonzales Rd
April 24th from 3:30 - 9:00
20% goes to the Library
OXNARD PUBLIC LIBRARY - FRIENDS OF THE LIBRARY
5 15
INFORMATION/REFERENCE
& PROGRAMMING
Information/Reference (I/R) staff
provide assistance and guidance with
reference and research inquiries,
reader’s advisory services, and digital
literacy support to help patrons access
and navigate information resources.
Programming provides a variety of
opportunities for community members
to engage with one another and the
library through educational,
social-emotional, literary, artistic, and
entertaining events, clubs, and classes.
CIRCULATION
Circulation provides check-in and
check-out services for library
materials, manages shelving and
maintenance of the collection, and
serves as the primary point of contact
for patrons entering the library.
OXNARD PUBLIC LIBRARY - UNITS
6 16
BRANCHES
Branch locations allow the library to
reach residents across different parts of
Oxnard. Each branch serves as a
community hub that provides books,
digital resources, educational programs,
technology access, and safe public
spaces for learning and gathering. By
distributing these services
geographically, the library system
reduces barriers such as transportation,
time, and cost.
TECHNICAL SERVICES
T echnical Services is responsible for
processing all new materials entering
the library system, repairing damaged
items, and maintaining metadata, the
online catalog, and other catalog
records. Located at the Main Library,
T echnical Services supports
operations and collections
management for all three library
locations.
OXNARD PUBLIC LIBRARY - UNITS
7 17
SNAPSHOT
• 81,884 registered library card holders
• Circulation of 218,000 items
• Average of 800 people / day
• Average of 15 programs / week
• Average of 33 attendance / program*
• average attendance per program type varies widely
• Average of 100 patrons use the seed library / day
• 5,065 volunteers hours in 2025
• Study rooms had 6,214 uses
• Collection stats
OXNARD PUBLIC LIBRARY - SERVICES SNAPSHOT
18 OXNARD PUBLIC LIBRARY - LIBRARY SERVICES
OXNARD SPECIAL POPULATIONS
• Chill, Color, & Craft
• Puzzles and Play
EARLY CHILDHOOD
• Storytimes
• Bilingual Storytime
• Art and Craft Programs
TEENS
• Art and Craft Programs
• Gardening
• STEM Programs
• T een Advisory Council
9 19
OXNARD PUBLIC LIBRARY - LIBRARY SERVICES
ADULTS
• Art and Craft Programs
• Senior Socials
• Tiny Art Club
• Gardening
• Guest Speakers
ALL AGES
Literacy
• Let’s Talk T ech
• Cyber Seniors
• English Conversation Group
• ESL T utoring Program
• Reading Literacy T utoring
• Financial Literacy
10 Books & Authors
• Open Mic Night
• Writer’s Group
• 4 Book Clubs
• Author Talks
20 OXNARD PUBLIC LIBRARY - LIBRARY SERVICES
2025 EVENTS
• March: 1st Annual Garden Fest
• Kick off for the Native Learning Garden
• April: Annual Local Author Showcase
• 20 local authors
• Author panel session
• Local author networking opportunities
• June: Minicon
• 1000 participants
• Cosplay panel sessions
• Vendors, booths, and tables
• Costume contest
• Summer: Annual Summer Reading Program
• Participations increased by 54% from previous year
• 4,116 reading prizes given out
• 85 programs / 5812 attended
• October: 3rd Annual Haunted Library
• 1300 participants
• SOC Block party and Halloween float
11 21
• Many Mansions
• Mercy House
• Mini Nature Reserve
• Oxnard Adult Schools
• Southern California Library
Consortium
• UC Master Gardeners of Ventura
County
• Ventura County Library
• Ventura County Office of
Education
• Ventura County Workforce
Development Board
• 3C-REN
• Audubon Society
• Autism Learning Centers
• California State Library
• Congresswoman Brownley
• Cyber Seniors
• Family Place
• First 5
• Fish and Wildlife
• Friends of Fieldworkers
• Friends of the Library
• Laubach Literacy
• Managed Career Solutions
OXNARD PUBLIC LIBRARY - PARTNERSHIPS
12 PARTNERSHIPS
22 SPACE DESIGN
Space design is where the public will begin to experience the updates that are being made. This will be seen through a strong well-maintained collection, having spaces set up for different types of use throughout the library, accessibility to ensure easy of use for all, and a design set up with safety in mind. • Removing old, out of date, or uncirculated items.
• Remove excess shelving to open up space.
• Conversation areas throughout building.
• Accessibility projects.
• Creating a makerspace.
• Removing shelving sections that limit sight lines.
SAFETY MEASURES
• Installed bubble mirrors to sightlines.
• Narcan Dispensers added at Main.
• Introduced Walkie Talkies and codes to staff.
• Redesigned help desk for better security and customer service. • Removing shelving that impede sightlines.
OXNARD PUBLIC LIBRARY - SPACE DESIGN
23 SECURITY
● City Council previously approved FTE security monitor at SOBL and additional hours of guard coverage at Main Library
● Established monthly in-person meetings with PSC (City’s Contracted Security Service) to review incidents.
● Established weekly meetings between PSC, SOBL’s Security Monitor, and the Library Services Supervisor to review incidents.
● New security contract will be providing de-escalation and other training to library guards.
MEETINGS WITH
● Beat Coordinators for Colonia, South Oxnard, and Main areas individually ● Community Actions, Many Mansions Housing
● Mercy House
● OPD
● Rick Jenkins (Safer Libraries Consultant
● Southern California Library Cooperative
OXNARD PUBLIC LIBRARY - SAFETY & SECURITY
14 24
STAFF DEVELOPMENT/SUPPORT
• Assigned Library Services Supervisor job duties of overseeing building and security to ensure closer attention and collaboration is made with library staff, patrons, and PSC. • Staff attended Safe and Compassionate Libraries Training, which was followed by additional safety-sessions that included:
• Hosted De-escalation Training by Rick Jenkins (Safer Libraries Consultant) at Main Library and SOBL Facility Assessment .
• Delivered Safe and Compassionate Libraries to the OPL T eam. • Hosted consultant Rick Jenkins Q & A and Main Facility Assessment. • Presentation by Ventura County Behavioral Health - Logrando Bienestar Program . • Staff session at All Hands Meeting discussing and training over library security for staff and de-escalation techniques.
NETWORK REFRESH
• Launched including security cameras
OXNARD PUBLIC LIBRARY - SAFETY & SECURITY
15 25
TECHNOLOGY REFRESH UPDATE
• Carson Block Consulting - Design
• Assessment of current system
• Recommendation on project prioritization
• So Far:
• New Firewalls
• New Wireless Access Points
• New filtering
• Assessment phase complete
• Recommendation phase and final reports in Q2
• Next Steps – Build Phase
• Replace hardware
• Replace integrated library software and patron management software • Apply for eRate for IT projects
• Replace library hardware such as security gates and RFID
OXNARD PUBLIC LIBRARY - SPECIAL PROJECTS
16 26
OXNARD PUBLIC LIBRARY - QUESTIONS?
@oxnardlibrary @Oxnard Public Library
27 THANK YOU
28 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.2
DATE: April 7, 2026
TO: City Council
FROM: Brenda Lopez, Housing Director, (805) 385-8092, [email protected]
SUBJECT: Downtown Oxnard Improvement Association Annual Report.
RECOMMENDATION
That the City Council receive and file the Fiscal Year 2024-25 Annual Report on the Oxnard Downtown Management District.
(This item did not originate in Committee.)
(Presentation will be live from Executive Director, Abel Magana, of the Downtown Oxnard Improvement Association)
BACKGROUND
In 2001 the City Council of the City of Oxnard established the downtown property-based business improvement district named the Oxnard Downtown Management District (District). Owners of real property within the District boundaries are assessed based on the size of their land, building square footage, and sidewalk frontage. The District encompasses thirty- two city blocks in downtown Oxnard. The District has been renewed five times, most recently in July 2024 and is currently authorized until December 2029.
On November 2, 2020, the Oxnard Downtown Management District became a 501(c)(3), a public benefit nonprofit corporation incorporated as the Downtown Oxnard Improvement Association (“DOIA”). On May 4, 2021, the City of Oxnard entered into a Management and Disbursement Agreement (“Agreement”) with DOIA who administers the assessment funds collected. The purpose of this Agreement is to establish the contractual relationship between the City and DOIA and each of the parties’ responsibilities. The City of Oxnard serves as the pass-through agency to collect the assessments, holds a seat on the Board of Directors, pays into the District based on the properties owned by the City, and works closely with DOIA to enhance and revitalize the Oxnard downtown.
On July 2, 2024, a five-year Management District Plan was adopted concurrently with the renewal of the business improvement district. The Plan became effective on January 1, 2025 for a five year term, which ends on December 31, 2029. The plan allocates the budget among four program areas: Administration, Civil Sidewalks, District Identity, and Land Use. While day-to-day operations are completed by the DOIA staff, the volunteer board of directors provide guidance and oversight.
This year's annual update highlights the accomplishments of the District’s 2024-2025 Fiscal Year that ran from December 1, 2024 through November 30, 2025. The 2026 Annual Work Plan and Budget was adopted by the City Council on October 21, 2025.
The 2024-2025 Fiscal Year operated under the direction of a board of directors composed of a variety of stakeholders including property owners, developers, non-profits, interested community members, and City of Oxnard leadership. This larger board facilitated a four-committee structure to achieve tangible objectives. 29 The FY 24-25 Board of Directors included:
1. Angela Whitecomb, Chairwoman, John Pence Building
2. Mark Spellman, Vice Chairman, Lazer Media
3. Kimberly Vazquez, Treasurer, Cova Realty
4. Lorenzo Castillo, Secretary, Exit Castillo Realty
5. Ashley Golden, City of Oxnard
6. Gary Blum, Community Member
7. Michael Darden Ventura County Rescue Mission
8. Serena Gonzalez, Community Member
9. Rex Levi, RE Broker
10. Tiffany Lopez, Dr. Manual Lopez Family Trust
11. Priti Patel, City Center Motel
12. Ozzie Lopez, Casa Lopez
In Fiscal Year 2024-25, DOIA collected $590,127.78 through property-based assessments and $17,727.00 in non- assessment revenue, bringing the sum of this fiscal year revenue to $607,854.78. Additionally, DOIA received one time American Rescue Plan Act (APRA) funding of $93,729.15 for specific procurements, bringing the total revenue for 2025 to $701,583.93. The revenue was used to fund special benefits, defined in the California State Constitution as “benefits over and above the general benefits conferred on real property located in the district boundaries or to the public at large.”
In accordance with the approved Management District Plan, DOIA delivered services across four major program areas.
Below is a summary of the budget that was allocated to each program area and a brief description. For more information on the year 2025 accomplishments in each area, please refer to Attachment 1.
Administration (Board Chair: Angela Whitecomb) Budget: $170,106 This committee oversaw staff and administration, corporate finances, contracts, insurance, budget preparation, fund development, board agendas, advocacy, outreach, bylaws and policies, government and community relations, and Board elections. The Administration team also worked on annual reports and presentations to the City of Oxnard.
Civil Sidewalks (Committee Chair: Ozzie Lopez) Budget: $348,500 This committee ensured properties within the district boundaries were “Clean and Safe”. The budget allocation for civil sidewalks reflected the largest portion of the DOIA budget and showed that maintaining an environment fostering business and community activation in the downtown is a priority. The Civil Sidewalks Committee oversaw the contract with District Maintenance Services to provide daily cleaning of public spaces. Their services included sidewalk sweeping, steam cleaning, maintaining sidewalk planters, graffiti abatement and visitor assistance. In 2025, approximately 2,271 miles in clean up were covered, 117,402 pounds of litter picked up and over 2,395 tags, graffiti and stickers were removed.
In collaboration with the Oxnard Police Department, the committee also oversaw the contract with Professional Security Consultants, the security guard service that patrols the area within the district boundaries daily. Their services included truck and bike patrols, reporting suspicious activity, assisting with traffic control, visitor assistance, managing vagrancy issues, and reporting street light outages. In 2025, approximately 2,129 incidents were dispatched, over 1,956 calls of service were responded to and 438 streetlight outage and repair reports were submitted.
District Identity and Placemaking (Committee Chair: Gary Blum) Budget: $88,695 This committee focused on enhancing downtown Oxnard’s brand, improving public perception, and positioning the downtown area within the district boundaries as a regional business and cultural attraction. The committee accomplished this by marketing and promoting positive activities and events downtown.
Additionally, this committee oversaw marketing for DOIA. In 2025, social media reach increased 164% from the prior year, including 15% more Instagram followers, and an 85% increase in active website users.
Land Use (Committee Chair: Serena Gonzalez) No Budget Allocation This committee researched and advocated on issues including parking, transportation, mobility, planning, zoning, regional public transportation, merchant diversity and business recruitment. 30 Although the Land Use Committee has no budget allocation, it plays an integral part in DOIA’s mission given the need to increase housing density within the boundaries of the district and its immediate trade area, thereby providing a customer base for downtown businesses. Every economic study emphasizes the need for more housing in order to drive demand for retail and facilitate business attraction.
In 2025, DOIA engaged with Retail Strategies, using American Rescue Plan Act (ARPA) funding. This effort is currently ongoing and is focused on revitalization planning with an emphasis on real estate and retail development in the downtown area. Once complete, the deliverable will be a three-year downtown revitalization action plan designed for DOIA to implement with current resources.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, inviting new business investments, and targeting site-based redevelopment opportunities.
FINANCIAL IMPACT
As a property owner within the District, the City contributed $156,052.78 to the District in FY 24-25, making up approximately 22% of the overall DOIA total budget ($701,583.93).
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Brenda Lopez, Housing Director
ATTACHMENTS
1. Attachment 1 - 2025 DOIA Annual Report
2. Attachment 2 - DOIA Presentation
31 PROPERTY & BUSINESS
IMPROVEMENT DISTRICT
2025 IN REVIEW
32 ROOTS, RAIN, revival
Downtown is where the city is rooted. Its stories are like seeds in the soil — merchants, families, and artists drawing energy from a rich heritage to push forward a bright future. Through hard rains, the people and place persevered.
Downtown is rising again in a vibrant superbloom, like poppies flourishing in the toughest terrain; brilliant, resilient, and undeniable, we prove that beauty does not wait for perfect conditions, it blooms boldly where it is planted.
33 • 32 City blocks
• 432 Parcels
• 213 Property Owners
• 325+ Merchants
• The “Walkable Downtown”
THIRD ST
OXNARD BL
SEVENTH ST
SECOND ST
SIXTH ST
FOURTH ST
FIFTH ST
META ST
EIGHTH ST
FIRST ST
PLAZA
PARK
CIVIC PLAZA
PUBLIC LIBRARY
POLICE
DEPT
CITY ADMIN
CARNEGIE
HERITAGE
SQUARE
A ST
B ST
C ST
TRANSIT
CENTER
PARKING
STRUCTURE
MAP NOT TO SCALE
Downtown Oxnard’s growing reputation as a center of creativity, entrepreneurship, and shared public life reflects years of collective effort and vision.
This momentum is the result of more than murals and events. It reflects daily stewardship, long-term investment, and the commitment of property owners, merchants, artists, and residents who see Downtown as the Heart of the City.
Over the past year, we strengthened our clean and safe operations, expanded public art, supported emerging creative businesses, and deepened partnerships with the City, Police Department, and community organizations. Together, these efforts lay the foundation for Downtown Oxnard’s emergence as a cultural destination.
By investing in arts, culture, and public life, we are positioning Downtown to attract new resources, programming, visitors, and creative partnerships that will strengthen our local economy.
Downtown Oxnard is evolving into a place where culture drives economic vitality.
Thank you to our Board, stakeholders, partners, and community members who continue to build this future together.
Angela Whitecomb Abel Ramirez Magana
Board Chair Executive Director
from the doia leadership
THE district CANVAS
34 Angela Whitecomb
John Pence Bldg
Lorenzo Castillo
Exit Castillo realty
Ozzie Lopez
Casa Lopez
Mark Spellman
lazer media
Gary Blum
Heritage square
Michael Darden
vc rescue mission
Rex Levi
Rex Levi broker
Tiffany Lopez
Lopez family trust
Abel ramirez magana
Executive director
ASHLEY GOLDEN
City of Oxnard
SERENA SORIANO
COMMUNITY MEMBER
priti Patel
City center
Kimberly Vazquez
cova realty
sarah morales
program coordinator
organization
• DOIA is a 501c3 public benefit non-profit organization • governed by a board of invested owners & community
• 2 staff persons
KEY ALLIANCES
INSPIRED LEADERS
SHAPING CITIES
50+
board & committee
meetings held
300+
hours of
volunteer service
develops and oversees
annual budget workplan
• bi-monthly merchant cafe hour
• semi-annual merchant mixers
• executed 3 RFPs for district services
• civic meeting participation & advocacy
35 117,402lbs
litter picked up
2,395
TAGS Graffiti &
Stickers removed
113
visitor directions
provided
DISTRICT
maintenance
145
blocks
pressure washed
7-days/week, 7am-3:30pm
Cleaning Ambassadors pick up
thousands of pounds of trash per
year, power wash walkways, and
give assistance to merchants,
visitors, & all in need. This work
goes beyond the basic to present
a welcoming place where com-
merce and community can thrive.
197
encampments cleared
2,271
miles covered
36 1,956 hours
security patrols
2,129
trespassing,
anti-social
incidents dispatched
1,032 calls for
service responded to
7-days/week, 7am-11pm
438
streetlight outage
& repair Reports
DISTRICT safety
37 marketing
1,364,000 164%
reached ACROSS
social media
16,300 15%
Instagram
followers
10,376 5.5%
facebook fans
29,000 85%
active website users
30,000
emails DELIVERed
www
37%
avg read rate
Marketing focused on presenting a visual identity reflected in authen- ticity, culture, and activity. The most engaging content highlights community-centered experiences — events, food, and nighttime am- biance — to reshape public perception of Downtown as a vibrant and welcoming destination.
New Visitor Guide AD
redesigned website
38 placemaking
Transforms physical locations into vibrant, inclusive, and meaningful places that foster social interaction and reflect local culture. 10,000+
Special events
attendees
12 Public art
projects commissioned
4 Art shows hosted
100+
Street Lamps
decorated for
Holidays & civic PRIDE
162
Planters tended
CU
39 PLACEmaking
produced blockbuster party for
centennial plaza’s 20th anniversary
transformed 11 old payphones
into amazing street art
created new “disneyland-Style”
Pole decor for plaza Park
continued “cultural connections”
utility box art program
hosted creative workshops
in new doia gallery space
organized annual Halloween
haunt in the park family event
40 BUSINESS CREATION
• CHAPTER 30 CREATIVE STUDIOS
• CASILLAS MARTIAL ARTS
• THE BLVD BARBERSHOP
• 3RL TATTOO STUDIO
• CAL PRESTIGE
• 805 SALON SUITES
In 2025, DOIA engaged with Retail Strate-
gies, a leading national firm in downtown
revitalization planning focused on real estate
and retail.
The deliverable: a 3-year action plan ex-
pressly designed for DOIA to implement with
its current resources.
retail strategies
41 700+
Housing Units proposed
land use
• North Plaza mixed-used project pending
• Demolition of the former CET campus clears the way for 175 apartments expected in 2026
• Casa de Carmen opened
• DOIA participated in Choice Neighborhoods and the 4th Street Mobility projects • DOIA is researching strategies for re-adaptive uses of former automotive shops on the Blvd
42 43
44 45
46 47
48 49
50 51
52 53
54 55
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: April 7, 2026
TO: City Council
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Oxnard City Council Minutes.
RECOMMENDATION
That the City Council approve the regular meeting minutes of March 17, 2026.
BACKGROUND
Approval of minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, City Clerk
ATTACHMENTS
1. City Council minutes of March 17, 2026
56 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
March 17, 2026
A. ROLL CALL, POSTING OF AGENDA
At 4:30 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Bert E. Perello, Michaela Perez, Aaron Starr, Gabriel Teran and Luis A. Mc Arthur were present. Councilwoman Gabriela Basua and Gabriela Rodriguez were absent. The City Clerk stated that the agenda was posted on Thursday, March 5, 2026, and the amended agenda on Wednesday, March 11, 2026 at the Library, City Hall kiosk, City Administrative Offices and on the website.
Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Eric Sonstegard, Assistant City Manager, Stephen Fischer, City Attorney; Michael Wolfe, Public Works Director and Lourdes A. López, City Clerk.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received. The City Attorney announced that Councilwoman Gabriela Basua was absent and would be recusing herself from this item due to a conflict of interest pursuant to Government Code Section 87100. At 4:32 p.m., the City Council recessed into a closed session.
C. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code Section
54956.9(d)(1))
Name of case: City of Oxnard v. Port Hueneme Water Agency (Arbitration Proceeding)
Legislative Body: City Council
At 5:20 p.m., the City Council reconvened in an open session in the Council Chambers.
The City Attorney announced that there are no reportable action out of closed session.
At 5:33 p.m., Councilwoman Gabriela Basua was present.
57 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 2
D. APPOINTMENT ITEMS (5:00 PM)
2. Public Works Department
SUBJECT: United Water Conservation District Santa Felicia Dam Safety Project Update.
RECOMMENDATION: That the City Council:
1. Receive and file an update regarding the United Water Conservations District’s Santa Felicia Safety Project; and
2. Authorize the Mayor to sign the attached letter of support for the Santa Felicia Dam Safety Improvement Project.
(Live presentation by United Water Conservation District staff.)
(This item did not originate in committee.)
The Public Works Director introduced Assistant General Manager Dr. Maryam Bral of the United Water Conservation District, who presented and discussed the benefits of this unique regional project and its importance to all residents in Ventura County.
Discussion ensued among the Council and Dr. Bral. No public comments were received.
1. SUBJECT: Presentation by Interface Children & Family Services on 211 Services.
Gerardo Gonzalez, Community Information Associate Director with Interface Children & Family Services presented and discussed the services that are available to Oxnard residents.
Discussion ensued among the Council and Mr. Gonzalez. No public comments were received.
E. OPENING CEREMONIES (6:00 PM)
At 6:09 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council concurrently with the Oxnard Housing Authority in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Gabriela Basua, Bert E. Perello, Michaela Perez, Aaron Starr, Gabriel Teran and Mayor Luis A. Mc Arthur were present. Councilwoman Gabriela Rodriguez was absent. The City Clerk stated that the agenda was posted on Thursday, March 5, 2026, and the amended agenda on Wednesday, March 11, 2026 at the Library, City Hall kiosk, City Administrative Offices and on the website.
58 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 3
The meeting opened with the pledge of allegiance to the flag of the United States led by Santino Enrique Preciado II, a student at Pacifica High School. Mayor Mc Arthur called for a moment of silence in recognition of the ongoing conflicts around the world.
Staff members present were Alexander Nguyen, City Manager, Ashley Golden, Assistant City Manager; Eric Sonstegard, Assistant City Manager, Stephen Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Elle McCarron, Assistant City Attorney; Javier Chagoyen-Lázaro, Chief Financial Officer; Michael Wolfe, Public Works Director; Jan Hauser, Wastewater Division Manager; Brenda Lopez, Housing Director and Lourdes A. López, City Clerk.
The City Clerk announced that Agenda Item Nos. F-1 and L-9 are being removed from the agenda.
F. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating March 31, 2026 as "Cesar E.
Chavez Day." – removed from the agenda.
2. SUBJECT: Presentation of a Proclamation Designating March 2026 as "Women's History Month."
Councilwoman Bausa read the proclamation and presented to Co-Presidents Cheryl Collart and Kathy Morgan who thanked the City Council for the recognition.
G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS
Public comments were received from Deirdre Frank; Josie Mendez, Pam Hogarth, Angela DeCicco, Hillary Rushing, Jeanette, Pedro Toscano, Steven Nash, Doug Partello, Sarah Wilczewski, Eduardo Huerta, Larry Stein, Greg Runyon, Ronald Arruejo, Arthur Munoz, Larry Barbarine, JR Ruiz and Manuel Herrera. Written comments were received from Steven Nash.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
1. City Manager Department
SUBJECT: City Manager’s Corner: updates, announcements, clarifications, and local government fun facts on occasional Tuesdays.
The City Manager commented on St. Patrick’s Day.
2. City Manager Department
SUBJECT: Receive an update on the Whistleblower Program item from the January 27, 2026 Finance & Governance Committee regarding the specific allegation that a city employee committed theft.
59 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 4
RECOMMENDATION: That the City Council receive an update on the Whistleblower Program item from the January 27, 2026 Finance & Governance Committee regarding the specific allegation that a city employee committed theft.
(This item did not originate in Committee.)
Public comments were received from Blair Brim, Eric Andrist (video), Alicia Percell, Eduardo Huerta and Doug Partello.
The City Manager and Assistant City Manager Sonstegard presented and were available to answer questions. Discussion ensued among the City Manager and the Council. No action was required. It was a receive and file.
I. CITY COUNCIL BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding various activities.
Councilwoman Perez directed staff to review options for strengthening anti-fraud measures in public projects, as requested by the Carpenters during items not on the agenda.
1. City Clerk Department
SUBJECT: Appointment of Members to Serve on the City's Citizen Advisory Group (CAGs) Boards and Committees.
RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:
1. To Measure O Citizen Oversight Committee: Alfonso Arroyo (neighborhood representative);
2. To Mobile Home Park Rent Review Board: Luis Armando Salazar (at- large);
3. To Parks, Recreation and Community Services Commission: Alfonso Arroyo (at-large);
4. To Planning Commission: Edgar Fraire (at-large);
5. To Senior Services Commission: Maria Magdalena Tapia (at-large); and
6. To Library Board: Sahara Pena, Thomas Christian Nielsen, Michelle D.
Robledo-Canchola, Esthela Cazares, and Emily D. Ramsey (at-large); (This item did not originate in Committee.)
Public comments were received from Larry Stein and Ronald Arruejo.
It was moved by Mayor Mc Arthur, seconded by Mayor Pro Tem Teran, to approve the appointments as presented. VOTE: Perello, Perez, Starr, Teran, Basua and Mc 60 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 5
Arthur voted in favor; the motion carried 6-0. Councilwoman Rodriguez was absent.
J. REVIEW OF INFORMATION/CONSENT AGENDA
Item L-9 was removed from the agenda.
K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Larry Stein.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Oxnard City Council Minutes.
RECOMMENDATION: That the City Council approve the regular meeting minutes of March 3, 2026.
3. Community Development Department
SUBJECT: City of Oxnard 2025 General Plan Annual Progress Report.
RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2025 General Plan and Housing Element Annual Progress Report.
(This item did not originate in Committee.)
4. Cultural & Community Services Department
SUBJECT: First Amendment to the Agreement with the Ventura County Area Agency on Aging for the Senior Nutrition Program.
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a First Amendment to the Agreement with the County of Ventura (A-8595) for the Senior Nutrition Program Grant to increase the agreement amount by $40,000, resulting in a total agreement amount of $460,000, with no additional City match; and
2. Approve a budget appropriation recognizing $40,000 of additional FY 2025-26 Federal Grants (Fund 200) revenue and expenditure.
(This item did not originate in Committee.)
5. Cultural & Community Services Department
SUBJECT: First Amendment to the Agreement with Azul Foundation for the Senior Nutrition Program Meals.
61 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 6
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to the Agreement with the Azul Foundation (32500510) to increase the agreement amount by $130,000, resulting in a total agreement amount of $350,000, to purchase meals for the Senior Nutrition Program.
(This item did not originate in Committee.)
6. Finance Department
SUBJECT: Monthly Report of Accounting of All Receipts, Disbursements and Fund Balances & List of City Manager-approved contracts.
RECOMMENDATION: That the City Council:
1. Receive and file the report and accounting of all receipts, disbursements and fund balances for the month of January 2026; and
2. Receive and file the list of City Manager-approved contracts for the month of January 2026.
(This item did not originate in Committee.)
7. Housing Department
SUBJECT: Resolution Commending Cynthia Daniels.
RECOMMENDATION: That the City Council adopt Resolution No. 16,026 commending Cynthia Daniels for over six years of dedicated service to the Mobile Home Rent Review Board.
(This item did not originate in Committee.)
8. Housing Department
SUBJECT: Resolution Commending Martin Lee Remmen.
RECOMMENDATION: That the City Council adopt Resolution No. 16,027 commending Martin Lee Remmen for over six years of dedicated volunteer service on the Mobile Home Rent Review Board.
(This item did not originate in Committee.)
9. Information Technology Department
SUBJECT: IT Position Reclassification
RECOMMENDATION: That the City Council adopt a resolution to amend Resolution No. 15,885 to reclassify six existing full time equivalent positions in City service effective March 17, 2026 in accordance with the operating and capital budget for the 2025-2026 fiscal year.
62 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 7
(This item did not originate in Committee.) note: item removed from the agenda.
10. Public Works Department
SUBJECT: Agreement 32600325 with Auto Body International, Inc. for Light and Medium Duty Paint and Body.
RECOMMENDATION: That the City Council approve and authorize an Agreement with Auto Body International, Inc. in an amount not to exceed $1,500,000 for an initial term of one year from March 23, 2026, to March 22, 2027, with the option for four consecutive one-year period extensions ending March 22, 2031, for light and medium duty paint and body work.
(Public Works and Transportation Committee approved 3-0 on February 24, 2026.)
11. Public Works Department
SUBJECT: Agreement 32600348 with Downstream Services, Inc. for Stormwater Filter Replacement and Maintenance Services, Specification No. PW 26-59.
RECOMMENDATION: That the City Council approve and authorize an Agreement with Downstream Services, Inc. in the amount not to exceed $1,250,000 for an initial term of one year from March 20, 2026 to March 19, 2027, with the option for four consecutive one-year period extensions ending March 19, 2031, for stormwater filter replacement and maintenance services.
(Public Works and Transportation Committee approved 3-0 on February 24, 2026.)
Consent Item Nos. L-1, L-3, L-5, L-6, L-7, L-8, L-10 and L-11 It was moved by Councilman Starr, seconded by Councilwoman Perez, to approve the Information/Consent Items as presented. VOTE: Perez, Starr, Teran, Basua, Perello and Mc Arthur voted in favor; the motion carried 6-0. Councilwoman Rodriguez was absent.
Consent Item No. L-4
It was moved by Councilman Starr, seconded by Mayor Mc Arthur, to approve the Information/Consent Item No. L-4 as presented. VOTE: Starr, Basua, Perello, Perez and Mc Arthur voted in favor; the motion carried 5-0-1-1. Mayor Pro Tem recused himself due to a potential remote conflict of interest arising from professional work that he does for the County of Ventura. Councilwoman Rodriguez was absent.
Consent Item No. L-2*
*Consent Item L-2 will be listed in the Oxnard Housing Authority minutes.
Consent Item No. L-9*
*Consent Item L-9 was removed from the agenda.
63 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 8
M. PUBLIC HEARINGS
1. Housing Department*
*Public Hearing Item No. M-1 will be listed in the Oxnard Housing Authority minutes.
OXNARD HOUSING AUTHORITY
At 9:01 p.m., the joint meeting with the Oxnard Housing Authority concluded.
2. Housing Department
SUBJECT: Ninth Amendment to the FY 2020-21 Annual Action Plan for CARES Act Funds (Substantial).
RECOMMENDATION: That the City Council:
1. Conduct a public hearing regarding the Ninth Amendment to the FY 2020/21 Annual Action Plan for CARES Act Funds (Substantial);
2. Approve the Ninth Amendment to the FY 2020/21 Annual Action Plan (Substantial) recommending use of a special allocation of Community Development Block Grant (CDBG) funds under the CARES Act for two new public service programs to prepare, prevent, and respond to the ongoing effects of the COVID-19 pandemic;
3. Authorize the City Manager, or his designees, to incorporate the amended CDBG funds under the CARES Act grant allocations into the FY 2020/21 Annual Action Plan and authorize any necessary budget appropriations and corresponding revenue recognition in CDBG funding (Fund 201) for the project;
4. Authorize the City Manager, or his designees, to execute the required documents for the submission of the amended FY 2020/21 Annual Action Plan;
5. Receive and file any comments made during the 30-day public comment period or made in person at the public hearing with the Amendment; and
6. Authorize the City Manager, or his designees, to execute agreements and sign all agreements for the implementation of the Annual Action Plan amendment including subrecipient and interdepartmental agreements. (This item did not originate in Committee.)
The City Clerk announced the affidavit of publication published in Vida Newspaper on February 12, 2026 and stated there were no written communications received on this item that have been previously provided to the City Council.
Councilmembers reported on the ex parte communications received on this item. 64 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 9
The Housing Director presented and was available to answer questions. Discussion ensued among the Council and staff.
Mayor Mc Arthur opened the public testimony portion of the public hearing.
No public comments were received.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem Teran, seconded by Councilmember Perello, to approve the recommended action. VOTE: Teran, Basua, Perello, Perez, Starr and Mc Arthur voted in favor; the motion carried 6-0. Councilwoman Rodriguez was absent.
3. Housing Department
SUBJECT: Second Amendment to the FY 2025-26 Annual Action Plan (Substantial).
RECOMMENDATION: That the City Council:
1. Conduct a public hearing regarding the Second Amendment to the FY 2025- 26 Annual Action Plan (Substantial);
2. Approve the Second Amendment to the FY 2025-26 Annual Action Plan (Substantial) recommending use of Community Development Block Grant (CDBG) funds for public infrastructure improvements;
3. Authorize the City Manager or his designees, to incorporate the amended grant allocations into the FY 2025-26 Annual Action Plan and authorize any necessary budget appropriations and corresponding revenue recognition in CDBG funding (Fund 201) for the project;
4. Authorize the City Manager, or his designees, to execute the required documents for the submission of the amended FY 2025-26 Annual Action Plan;
5. Receive and file any comments made during the 30-day public comment period and made in person at the public hearing with the Amendment; and
6. Authorize the City Manager, or his designees, to execute all agreements for the implementation of the Annual Action Plan amendment including subrecipient and interdepartmental agreements.
(This item did not originate in Committee.)
The City Clerk announced the affidavit of publication published in Vida Newspaper 65 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 10
on February 12, 2026 and stated there were no written communications received on this item that have been previously provided to the City Council.
Councilmembers reported on the ex parte communications received on this item.
The Housing Director and Public Works Director presented and were available to answer questions. Discussion ensued among the Council and staff.
Mayor Mc Arthur opened the public testimony portion of the public hearing.
Public comments were received from Eduardo Huerta.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Discussion ensued among the Council and staff.
It was moved by Councilwoman Perez, seconded by Mayor Pro Tem Teran, to approve the recommended action. VOTE: Teran, Basua, Perello, Perez, Rodriguez, Starr and Mc Arthur voted in favor; the motion carried 6-0. Councilwoman Rodriguez was absent.
N. REPORTS
1. Public Works Department
SUBJECT: Professional Services Agreement 32600350 with Hazen and Sawyer for Design and Construction Engineering Services for the Wastewater Interstage Pump Station Project.
RECOMMENDATION: That the City Council approve and authorize the Mayor to:
1. Execute an Agreement with Hazen and Sawyer for a term of five years from March 17, 2026, to March 16, 2031, for a total amount not to exceed $2,912,479 for Design and Construction Engineering Services; and
2. Authorize a project budget appropriation in the amount of $1,912,479 from the Wastewater Fund (611), as well as the corresponding transfers in the Wastewater Capital Fund (612) for the Design and Construction Engineering Services for the Wastewater Interstage Pump Station Project (C2544). (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.)
No public comments were received.
66 MARCH 17, 2026 OXNARD CITY COUNCIL PAGE 11
The Public Works Director and Wastewater Division Manager presented and were available to answer questions. Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem Teran, seconded by Councilman Starr, to approve the recommended action. VOTE: Teran, Basua, Perello, Perez, Rodriguez, Starr and Mc Arthur voted in favor; the motion carried 6-0. Councilwoman Rodriguez was absent.
O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 9:43 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor
67 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: April 7, 2026
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Professional Service Agreements for Environmental Services with Dudek, Michael Baker International, Environmental Science Associates, and Eyestone Environmental.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute Professional Services Agreements with Dudek (32600342), Michael Baker International (32600344), Environmental Science Associates (32600343), and Eyestone Environmental (32600356), for $750,000 each with a term of 3 years with an option for one, two-year extension.
(The Community Service, Public Safety, Housing and Economic Development Committee approved 3-0 on March 10, 2026.)
BACKGROUND
From time to time, the Community Development Department utilizes the services of environmental consultants to assist with analysis and environmental evaluations which are either beyond the capacity of planning staff due to the scope of the project and/or when the project analysis requires special expertise.
The environmental consultants generally provide planning application reviews as required by California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) law. Tasks for environmental reviews of private project applications are paid for with applicant funds placed on deposit, and account for the majority of services rendered by these firms.
Following a Request for Qualifications (RFQ) procurement which drew 14 respondents, the City entered into Agreements with Rincon Consultants Inc. (“Rincon”), Environmental Science Associates (“ESA”) and Dudek between December 1, 2020, and January 1, 2021, in the amount of $200,000 for a term of three years. These agreements were later amended due to the need for additional funds to $750,000 for each agreement due to significant increases in the proposals for task services, a trend noted by other cities as well. These increased costs were driven by new State CEQA review requirements, additional senior consulting staff needs, general labor rate increases and increased time for reviews and document processing. By way of example, current proposals for large CEQA documents generally range between $80,000 and $200,000.
The contract with ESA has already expired. The existing contracts with Dudek and Rincon are set to expire on June 30, 2026.
ANALYSIS/DISCUSSION
Environmental analysis of projects by professional CEQA/NEPA consultants provides decision makers with a comprehensive picture of a proposed project’s benefits and impacts. The use of specialty environmental consultants to review possible impacts resulting from a proposed project’s noise, traffic, hazardous materials, greenhouse gas emissions, air quality and traffic directly supports community health, safety and welfare goals. 68 In July 2025, the City issued a (RFQ) for environmental consulting services. The City received 18 proposals. City staff has reviewed and scored each of the proposals and are recommending the City enter into contracts with the four environmental firms. Given that environmental consulting firms provide services to a variety of public and private clients, multiple contracts are required to ensure that conflicts of interest do not occur. Having multiple contracts also allows work to be done by the most qualified consultant and by consultants that have available time when the work is required.
The selected consultants were determined to be the most qualified among those reviewed during the competitive process.
Each consultant was evaluated on a variety of factors, including expertise in preparing environmental documents for development projects, an appropriate and cost-efficient method of approach in preparing and delivering environmental documents, proposed strategy for performing required services, experience and demonstrated competence of the proposed consultant’s project team, overall costs and hourly rates for all key personnel, and responsiveness to the RFQ.
The recommended consultants have shown they are capable of meeting the needs of the City and its customers. As legal challenges to CEQA documents continue to be an issue, the quality of our environmental consultants is crucial. As the lead agency, the City is responsible for defending the adequacy of a CEQA document if challenged. While recent changes to CEQA law, such as AB 130 and SB 131, aimed to minimize these challenges by providing further exemptions under CEQA, the potential for challenges still exists for those projects.
If approved, the new contracts would 1) allow for uninterrupted completion of project CEQA efforts underway, and 2) allow for the continued efficient processing of new project applications subject to environmental review.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
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 costs for these services are covered by developer fees associated with individual projects, and are part of the individual project budget. On rare occasions, services from these specialty environmental consultants may be required to support City projects using other funding sources as budgeted for the effort.
For Finance Use Only: General Fund (Org. 5414101 Obj. 53200 Project XXXXX)
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing and Development Committee approved 3-0 on March 10, 2026 to approve the staff recommendation and to forward for Council approval.
Please click here to view the Measure M pre-recorded presentation video.
Please click here to view the March 10, 2026, Community Services, Public Safety, Housing and Development Committee.
Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager
ATTACHMENTS
1. Agreement #32600342 with Dudek
2. Agreement #32600356 with Eyestone Environmental
3. Agreement #32600344 with Michael Baker International, Inc 69 4. Agreement #32600343 with Environmental Science Associates
70 Agreement No.32600342
pg. 1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND DUDEK
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Dudek (“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.”
RECITALS
WHEREAS, the City issued a Request for Proposals (RFP) on July 2, 2025, seeking Environmental CEQA/NEPA Consulting services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFP which the City has reviewed and evaluated in accordance with the standards set forth in the RFP; and
WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide Environmental CEQA/NEPA consulting services on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND
VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
2. SUMMARY DESCRIPTION OF SERVICES.
Professional Services Agreement for Environmental CEQA/NEPA consulting services.
71 Agreement No.32600342
pg. 2
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.
Dudek, a corporation of the State of California, located at 687 S. Coast Highway 101, Suite 110, Encinitas, CA 92024.
4. TERM OF AGREEMENT: From (Date): May 1, 2026 To (Date): April 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive term extension for up to (2) two-years, 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.
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: $750,000.00
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: Living Wage Policy
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for 72 Agreement No.32600342
pg. 3
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 Jeff Pengilley, P.E.
Title Director
Phone 805-385-8208
Email [email protected]
Address 214 South C Street, Oxnard, CA
93030
Consultant Designated Representative
Name Jonathan V. Leech
Title Contract Manager
Phone 805-308-8527
Email [email protected]
Address 3760 State Street, Suite 101,
Santa Barbara, CA 93105
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.
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 73 Agreement No.32600342
pg. 4
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 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, 74 Agreement No.32600342
pg. 5
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. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City 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.
75 Agreement No.32600342
pg. 6
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 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 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 76 Agreement No.32600342
pg. 7
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.
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 77 Agreement No.32600342
pg. 8
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 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 78 Agreement No.32600342
pg. 9
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 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 79 Agreement No.32600342
pg. 10
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.
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”, 80 Agreement No.32600342
pg. 11
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. [INTENTIONALLY OMMITTED]
27. [RESERVED]
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 81 Agreement No.32600342
pg. 12
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 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 82 Agreement No.32600342
pg. 13
this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
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, 83 Agreement No.32600342
pg. 14
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 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 84 Agreement No.32600342
pg. 15
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.
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.
85 Agreement No.32600342
pg. 16
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]
86 Agreement No.32600342
pg. 17
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 DUDEK
☐Luis A. Mc Arthur, Mayor1 Date Joseph Monaco, CEO Date ☐Libertad Macias, Purchasing Manager2
Amy Paul, Secretary of the Date
Board 3
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.
87 Agreement No.32600342
pg. 18
EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Dudek)
SCOPE OF SERVICES
PROJECT MANAGER: Joe Pearson II, 805-385-8272, [email protected]
Consultant will assist in the preparation of environmental assessments and provide environmental services for projects as necessary, in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), or other environmental regulations, for the City’s land use development projects, either initiated as a private development proposal or initiated by the City for a land use policy or ordinance update related to the General Plan, Local Coastal Plan, Specific Plans, or Municipal Code Amendment . The CONSULTANT may be required to provide environmental related professional services that include but are not limited to the following:
a. When Consultant services are required, the Planning and Environmental Services Manager or designee will provide Consultant with background information and copies of the project applications, site plans, technical reports, and any other relevant documents and studies. These documents may be provided to Consultant in either print or electronic form. The Consultant sh all prepare a project proposal detailing, a ll tasks, timeframes, and cost for environmental review project, which shall be approved by the Planning and Environmental Services Manager, or designee. Consultant will assist Planning staff with the preparation of any scoping studies and will work with staff and applicants to gather the necessary information to ensure the final report adequately analyzes project impacts.
b. Consultant will be required to complete either technical studies relative to CEQA and/or NEPA, an Initial Study, Environmental Assessment, Negative Declaration, Mitigated Negative Declaration, Exemptions, and/or Finding of No Significant Impact, and respond to and address public comments, as deemed necessary to address potential impact s on the natural and built environments, and analyze ways in which any significant effects/impacts of the project might be avoided or mitigated, as required by the CEQA and/or NEPA.
c. Consultant will w ork on commenced project(s) which are found to requir e additional environmental review beyond the contracted scope of work, such as the preparation of an Environmental Impact Report (EIR) or Statement (EIS), which may be assigned on a case-by-case basis.
d. Consultant may be required to attend meeting(s) wi th staff and applicants, scoping meetings, and public hearings. Opportunities for teleconferencing may be possible. 88 Agreement No.32600342
pg. 19
Consultant may also be called upon to advise and assist staff and applicants with responses to questions and / or ramifications of project revisions related to the project’s environmental analysis.
e. Consultant will be required to reaffirm that the technical studies provided by each development project applicant are accurate, and must be able to perform and interpret modeling for traffic, air quality, noise, cultural resources, and greenhouse gas analyses.
Planning staff must ensure that the prepared environmental document reflects the independent judgment of the City.
f. Consultant is responsible for printing and distributing the Initia l Study, Negative Declaration, Mitigated Negative Declaration, Finding of No Significant Impact or other required noticing to the responsible, trustee, and cooperating agencies, including forwarding Notice of Determination to Planning staff for filing with the Ventura County Clerk and uploading to the State Clearinghouse. Consultant may also be asked to prepare and send out any noticing required pursuant to CEQA, including but not limited to Tribal Consultation and notices to CEQA distribution list.
89 Agreement No.32600342
pg. 20
EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Dudek)
SCHEDULE OF COMPENSATION
Standard Schedule of Charges
The following rates will be effective for the initial three-year term of the agreement:
Engineering Services
Project Director .................................................... $350.00/hr Principal Engineer lll ............................................ $330.00/hr Principal Engineer II ............................................ $310.00/hr Principal Engineer I ............................................. $300.00/hr Program Manager ................................................ $285.00/hr Senior Project Manager ...................................... $285.00/hr Project Manager .................................................. $275.00/hr Senior Engineer III ................................................ $270.00/hr Senior Engineer II ................................................. $260.00/hr Senior Engineer I .................................................. $250.00/hr Project Engineer IV/Technician IV ..................... $240.00/hr Project Engineer llI/Technician III ...................... $230.00/hr Project Engineer lI/Technician II ........................ $215.00/hr Project Engineer I/Technician I .......................... $200.00/hr 3D Production Manager ...................................... $225.00/hr Senior Designer II ................................................. $220.00/hr Senior Designer I .................................................. $210.00/hr Designer ............................................................... $195.00/hr Assistant Designer ............................................... $190.00/hr CADD Operator III ................................................. $210.00/hr CADD Operator II .................................................. $205.00/hr CADD Operator I ................................................... $165.00/hr CADD Drafter ........................................................ $185.00/hr CADD Technician ................................................. $135.00/hr Project Coordinator II .......................................... $165.00/hr Project Coordinator I ........................................... $135.00/hr Engineering Assistant .......................................... $130.00/hr Environmental Services
Senior Project Director ........................................ $375.00/hr Project Director .................................................... $350.00/hr Senior Specialist V ............................................... $290.00/hr Senior Specialist IV .............................................. $275.00/hr Senior Specialist III .............................................. $260.00/hr Senior Specialist II ............................................... $245.00/hr Senior Specialist I ................................................ $230.00/hr Specialist V ........................................................... $220.00/hr Specialist IV .......................................................... $205.00/hr Specialist III .......................................................... $195.00/hr Specialist II ........................................................... $185.00/hr Specialist I ............................................................ $175.00/hr Analyst V ............................................................... $165.00/hr Analyst IV .............................................................. $155.00/hr Analyst III .............................................................. $145.00/hr Analyst II ............................................................... $135.00/hr Analyst I ................................................................ $115.00/hr Technician IV ........................................................ $105.00/hr 90 Agreement No.32600342
pg. 21
Technician III ........................................................ $95.00/hr Technician II ......................................................... $85.00/hr Technician I .......................................................... $75.00/hr Project Coordinator II .......................................... $165.00/hr Project Coordinator I ........................................... $135.00/hr Mapping and Surveying Services
UAS Pilot ............................................................... $180.00/hr Survey Lead.......................................................... $310.00/hr Survey Manager ................................................... $270.00/hr Survey Crew Chief ................................................ $205.00/hr Survey Rod Person .............................................. $155.00/hr Survey Mapping Technician ............................... $145.00/hr Construction Management Services
Principal Manager ............................................... $225.00/hr Senior Construction Manager ............................ $195.00/hr Senior Project Manager ...................................... $190.00/hr Construction Manager ........................................ $190.00/hr Project Manager/Construction Management ... $180.00/hr
Resident Engineer ............................................... $180.00/hr Construction Engineer ......................................... $180.00/hr On-site Owner’s Representative ......................... $165.00/hr Prevailing Wage Inspector .................................. $165.00/hr Construction Inspector ........................................ $155.00/hr Administrator/Labor Compliance ...................... $150.00/hr Hydrogeology/HazWaste Services
Project Director .................................................... $350.00/hr Principal Hydrogeologist/Engineer III ................ $330.00/hr Principal Hydrogeologist/Engineer II ................. $320.00/hr Principal Hydrogeologist/Engineer I .................. $310.00/hr Senior Hydrogeologist V/Engineer V .................. $285.00/hr Senior Hydrogeologist IV/Engineer IV ................ $275.00/hr Senior Hydrogeologist III/Engineer III ................ $265.00/hr Senior Hydrogeologist II/Engineer II .................. $255.00/hr Senior Hydrogeologist I/Engineer I .................... $245.00/hr Project Hydrogeologist V/Engineer V ................. $235.00/hr Project Hydrogeologist IV/Engineer IV ............... $225.00/hr Project Hydrogeologist III/Engineer III ............... $215.00/hr Project Hydrogeologist II/Engineer II ................. $205.00/hr Project Hydrogeologist I/Engineer I ................... $195.00/hr Hydrogeologist/Engineering Assistant .............. $150.00/hr HazMat Field Technician .................................... $140.00/hr District Management & Operations
District General Manager .................................... $225.00/hr District Engineer .................................................. $230.00/hr Operations Manager ........................................... $170.00/hr District Secretary/Accountant ............................ $155.00/hr Collections System Manager .............................. $155.00/hr Grade V Operator ................................................. $145.00/hr Grade IV Operator ................................................ $130.00/hr Grade III Operator ................................................ $120.00/hr Grade II Operator ................................................. $100.00/hr Grade I Operator .................................................. $95.00/hr Operator in Training ............................................. $85.00/hr Collection Maintenance Worker ......................... $90.00/hr Project Delivery Services
Technology Specialist II ....................................... $245.00/hr Technology Specialist I ........................................ $190.00/hr GIS Analyst V ........................................................ $220.00/hr GIS Analyst IV ....................................................... $200.00/hr GIS Analyst III ....................................................... $185.00/hr GIS Analyst II ........................................................ $145.00/hr 91 Agreement No.32600342
pg. 22
GIS Analyst I ......................................................... $130.00/hr Creative Services IV ............................................. $190.00/hr Creative Services III ............................................. $165.00/hr Creative Services II .............................................. $150.00/hr Creative Services I ............................................... $135.00/hr Technical Editor lV ............................................... $190.00/hr Technical Editor lll ............................................... $165.00/hr Technical Editor ll ................................................ $155.00/hr Technical Editor l ................................................. $135.00/hr Publications Specialist lV .................................... $140.00/hr Publications Specialist lll .................................... $130.00/hr Publications Specialist ll ..................................... $120.00/hr Publications Specialist l ...................................... $110.00/hr Clerical Administration ........................................ $100.00/hr
Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt.
Invoices are delinquent if not paid within 60 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 60 days after the date of the invoice.
Prevailing Wage – The rates listed above assume prevailing wage rates do not apply. If this assumption is incorrect Consultant reserves the right to adjust its rates accordingly.
92 Agreement No.32600342
pg. 23
EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Dudek)
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.
ATTACHED CITY’S INSURANCE FORM HERE:
INS-A
93 Agreement No.32600342
pg. 24
Exhibit INS-A
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 he reunder 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 insu rer 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 Califo rnia 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. Th e 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 exist ing 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.
94 Agreement No.32600342
pg. 25
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.
2/26
95 Agreement No.32600342
pg. 26
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 p ractice 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
96 Agreement No.32600342
pg. 27
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
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. 97 Agreement No.32600342
pg. 28
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
98 Agreement No.32600342
pg. 29
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
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 endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insu rance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alt er 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. 1/26 INS-A.doc
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Exhibit INS-A
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work perfor med 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 respe cts 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 othe r insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability.
The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions o f the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be he ld 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. 1/26 INS-A.doc
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Dudek)
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 $20.06 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 $20.06 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 Ju ly 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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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND EYESTONE ENVIRONMENTAL
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Eyestone-Jones Environmental, LLC dba Eyestone Environmental (“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.”
RECITALS
WHEREAS, the City issued a Request for Proposals (RFP) on July 2, 2025, seeking Environmental CEQA/NEPA Consulting services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFP which the City has reviewed and evaluated in accordance with the standards set forth in the RFP; and
WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide Environmental CEQA/NEPA consulting services on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND
VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
2. SUMMARY DESCRIPTION OF SERVICES.
Professional Services Agreement for Environmental CEQA/NEPA consulting services.
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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.
Eyestone Environmental, an LLC of the State of California, located at 101 Continental Blvd., Suite 240, El Segundo, CA 90245-4530.
4. TERM OF AGREEMENT: From (Date): May 1, 2026 To (Date): April 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive term extension for up to (2) two-years, 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.
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: $750,000.00
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: Living Wage Policy
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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 Jeff Pengilley, P.E.
Title Director
Phone 805-385-8208
Email [email protected]
Address 214 South C Street, Oxnard, CA
93030
Consultant Designated Representative
Name Stephanie Eyestone-Jones
Title President
Phone 424-207-5330
Email [email protected]
Address 101 Continental Blvd., Ste. 240,
El Segundo, CA 90245-4530
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.
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.
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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 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 106
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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. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City 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 107
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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 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 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 108
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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.
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. 109
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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 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 110
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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 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 111
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(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.
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.
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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. [INTENTIONALLY OMMITTED]
27. [RESERVED]
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 113
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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 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.
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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.
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.
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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 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.
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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.
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 117
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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 EYESTONE ENVIRONMENTAL
☐Luis A. Mc Arthur, Mayor1 Date Stephanie Eyestone-Jones Date ☐Libertad Macias, Purchasing Manager2 President
Laura Rodriguez, Managing Date
Principal 3
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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Eyestone Environmental)
SCOPE OF SERVICES
PROJECT MANAGER: Joe Pearson II, 805-385-8272, [email protected]
Consultant will assist in the preparation of environmental assessments and provide environmental services for projects as necessary, in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), or other environmental regulations, for the City’s land use development projects, either initiated as a private development proposal or initiated by the City for a land use policy or ordinance update related to the General Plan, Local Coastal Plan, Specific Plans, or Municipal Code Amendment . The CONSULTANT may be required to provide environmental related professional services that include but are not limited to the following:
a. When Consultant services are required, the Planning and Environmental Services Manager or designee will provide Consultant with background information and copies of the project applications, site plans, technical reports, and any other relevant documents and studies. These documents may be provided to Consultant in either print or electronic form. The Consultant shall prepare a project proposal detailing, a ll tasks, timeframes, and cost for environmental review project, which shall be approved by the Planning and Environmental Services Manager, or designee. Consultant will assist Planning staff with the preparation of any scoping studies and will work with staff and applicants to gather the necessary information to ensure the final report adequately analyzes project impacts.
b. Consultant will be required to complete either technical studies relative to CEQA and/or NEPA, an Initial Study, Environmental Assessment, Negative Declaration, Mitigated Negative Declaration, Exemptions, and/or Finding of No Significant Impact, and respond to and address public comments, as deemed necessary to address potential impacts on the natural and built environments, and analyze ways in which any significant effects/impacts of the project might be avoid ed or mitigated, as required by the CEQA and/or NEPA.
c. Consultant will w ork on commenced project(s) which are found to require additional environmental review beyond the contracted scope of work, such as the preparation of an Environmental Impact Report (EIR) or Statement (EIS), which may be assigned on a case-by-case basis.
d. Consultant may be required to attend meeting(s) with staff and applicants, scoping meetings, and public hearings. Opportunities for teleconferencing may be possible. 120
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Consultant may also be called upon to advise and assist staff and applicants with responses to questions and / or ramifications of project revisions related to the project’s environmental analysis.
e. Consultant will be required to reaffirm that the technical studie s provided by each development project applicant are accurate, and must be able to perform and interpret modeling for traffic, air quality, noise , cultural resources, and greenhouse gas analyses.
Planning staff must ensure that the prepared environmental document reflects the independent judgment of the City.
f. Consultant is responsible for printing and distributing the Initial Study, Negative Declaration, Mitigated Negative Declaration, Finding of No Significant Impact or other required noticing to the responsible, trustee, and cooperating agencies, including forwarding Notice of Determination to Planning staff for filing with the Ventura County Clerk and uploading to the State Clearinghouse. Consultant may also be asked to prepare and send out any noticing required pursuant to CEQA, including but not limited to Tribal Consultation and notices to CEQA distribution list.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Eyestone Environmental)
SCHEDULE OF COMPENSATION
Fee Schedule
The fees for preparation of environmental documentation will be based on the scope of the Project and the type of CEQA/NEPA documentation required (e.g., MND, EIR, Addenda to an EIR, Exemption, etc.). In addition, fees will be determined based on the environmental issues potentially affected by a given project. Fees will also be determined based on the level of public input expected by a given project as public comments will be responded to as part of the environmental review process. Consultant’s hourly billable rates for services by team members and direct expense costs are presented below.
President $255.00
Managing Principal $190.00
Director of Air Quality $185.00
Principal Planner/Principal Engineer $170.00
Senior Planner $150.00
Planner $135.00
Associate Planner $125.00
Assistant Planner $105.00
Intern/Research Assistant $70.00
Graphics/GIS Specialist $95.00
Publications Specialist $90.00
Direct expenses under this agreement will be bille d at 100 percent of actual cost. Direct expenses will include, but will not be limited to, the following: printing costs, postage, delivery and communication costs, mileage based on the most recent rate set forth by the Internal Revenue Service for travel between Consultant’s office and City Hall and/or the project site.
In addition, Consultant proposes the use of several subconsultants to complete the requested scope of work. Fee schedules for each subconsultant are provided below.
AES Fee Schedule
Principal Consultant $255.00
Senior Consultant $235.00
Consultant $175.00
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Dudek Fee Schedule
Senior Project Director $350.00
Project Director $300.00
Senior Specialist V $275.00
Senior Specialist IV $265.00
Senior Specialist III $250.00
Senior Specialist II $235.00
Senior Specialist I $220.00
Specialist V $210.00
Specialist IV $195.00
Specialist III $185.00
Specialist II $175.00
Specialist I $165.00
Analyst V $155.00
Analyst IV $145.00
Analyst III $135.00
Analyst II $125.00
Analyst I $105.00
Technician IV $100.00
Technician III $90.00
Technician II $80.00
Technician I $70.00
Project Coordinator II $170.00
Project Coordinator I $135.00
Gibson Fee Schedule
Principal $325.00
Senior Associate $195.00–$225.00
Associate $155.00–$175.00
Principal/Administrative Manager $175.00
Technician $135.00
GPA Fee Schedule
Senior Associate Biologist $240.00
Senior Biologist $210.00
Associate Biologist $150.00
Biologist $125.00
Senior GIS Analyst $190.00
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Partner Fee Schedule
Senior Project Director $350.00
Senior Principal II $325.00
Principal II $305.00
Senior Principal I $260.00
Principal I $225.00
Technical Director IV $250.00
Technical Director III $225.00
Technical Director II $210.00
Technical Director I $205.00
Senior Project Manager/Scientist/Geologist/Engineer V $225.00 Senior Project Manager/Scientist/Geologist/Engineer IV $210.00 Senior Project Manager/Scientist/Geologist/Engineer III $205.00 Senior Project Manager/Scientist/Geologist/Engineer II $190.00 Senior Project Manager/Scientist/Geologist/Engineer I $180.00 Project Manager/Scientist/Geologist/Engineer IV $175.00 Project Manager/Scientist/Geologist/Engineer III $160.00 Project Manager/Scientist/Geologist/Engineer II $145.00 Project Manager/Scientist/Geologist/Engineer I $135.00 AdministrativeSupport/AssistantProjectManager/Scientist/Geologist/Engineer $125.00 Junior Project Manager/Scientist/Geologist/Engineer $65.00
Psomas Fee Schedule
Principal/Director $240.00–$350.00
Project Management $190.00–$275.00
Sr. Project Engineer/Sr. Project Surveyor/Sr. GIS Specialist $190.00–$235.00 Project Designer/Professional Engineer/Project Engineer $160.00–$190.00 Planners/Assistant Planner/Expeditor/Senior Planner $125.00–$205.00 Civil Engineering Designer/Engineer $130.00–$170.00 Drafter/Design Drafter $130.00–$170.00 Surveyor/Project Surveyor/GIS Specialist/Photogrammetrist $115.00-$190.00 Administrative/Project Administrator $100.00–$135.00
SWCA Fee Schedule
Subject Matter Expert IV $293.00
Subject Matter Expert III $268.00
Subject Matter Expert II $242.00
Subject Matter Expert I $230.00
Specialist XII $226.00
Specialist XI $207.00
Specialist X $189.00
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Specialist IX $169.00
Specialist VIII $158.00
Specialist VII $147.00
Specialist VI $137.00
Specialist V $123.00
Specialist IV $114.00
Specialist III $104.00
Specialist II $91.00
Specialist I $77.00
Teresa Grimes Fee Schedule
Hourly Rate $250.00
Historical Resource Assessment Report starts at $10,000.00
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Eyestone Environmental)
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.
ATTACHED CITY’S INSURANCE FORM HERE:
INS-A
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Exhibit INS-A
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 lim it 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 li ability 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 Manag er. 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 covera ges 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 writte n 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 commercia l 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 prote ction 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.
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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 el iminate 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.
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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 p ractice 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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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
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. 130
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Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
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 endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insu rance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alt er 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. 1/26 INS-A.doc
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Exhibit INS-A
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work perfor med 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 respe cts 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 othe r insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability.
The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions o f the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be he ld 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. 1/26 INS-A.doc
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Eyestone Environmental)
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 Li ving Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 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 ref erence as Exhibit E.
While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 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 pre vious 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 tho se 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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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND MICHAEL BAKER INTERNATIONAL, INC.
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Michael Baker International, 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.”
RECITALS
WHEREAS, the City issued a Request for Proposals (RFP) on July 2, 2025, seeking Environmental CEQA/NEPA Consulting services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFP which the City has reviewed and evaluated in accordance with the standards set forth in the RFP; and
WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide Environmental CEQA/NEPA consulting services on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND
VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
2. SUMMARY DESCRIPTION OF SERVICES.
Professional Services Agreement for Environmental CEQA/NEPA consulting services.
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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.
Michael Baker International, Inc., a corporation of the State of Pennsylvania, located at 500 Grant Street, Suite 5400, Pittsburgh, PA 15219.
4. TERM OF AGREEMENT: From (Date): May 1, 2026 To (Date): April 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive term extension for up to (2) two-years, 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.
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: $750,000.00
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: Living Wage Policy
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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 Jeff Pengilley, P.E.
Title Director
Phone 805-385-8208
Email [email protected]
Address 214 South C Street, Oxnard, CA
93030
Consultant Designated Representative
Name John Bellas
Title CEQA Technical Director/Associate
Vice President
Phone 562-200-7170
Email [email protected]
Address 3760 Kilroy Airport Way, Suite
270, Long Beach, CA 90806
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.
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 138
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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 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.
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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. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City 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 140
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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 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 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.
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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.
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 142
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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 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, 143
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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 officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and 144
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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. 145
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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. [INTENTIONALLY OMMITTED]
27. [RESERVED]
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 146
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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 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.
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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.
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.
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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 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 149
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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.
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. 150
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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 MICHAEL BAKER INTERNATIONAL, INC.
☐Luis A. Mc Arthur, Mayor1 Date Fareeha Kibriya, Office Date ☐Libertad Macias, Purchasing Manager2 Executive/Vice President
Richard Beck, Office Date
Executive/Vice President/
Assistant Secretary 3
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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Michael Baker International, Inc.)
SCOPE OF SERVICES
PROJECT MANAGER: Joe Pearson II, 805-385-8272, [email protected]
Consultant will assist in the preparation of environmental assessments and provide environmental services for projects as necessary, in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), or other environmental regulations, for the City’s land use development projects, either initiated as a private development proposal or initiated by the City for a land use policy or ordinance update related to the General Plan, Local Coastal Plan, Specific Plans, or Municipal Code Amendment . The CONSULTANT may be required to provide environmental related professional services that include but are not limited to the following:
a. When Consultant services are required, the Planning and Environmental Services Manager or designee will provide Consultant with background information and copies of the project applications, site plans, technical reports, and any other relevant documents and studies. These documents may be provided to Consultant in either print or electronic form. The Consultant shall prepare a project proposal detailing, a ll tasks, timeframes, and cost for environmental review project, which shall be approved by the Planning and Environmental Services Manager, or designee. Consultant will assist Planning staff with the preparation of any scoping studies and will work with staff and applicants to gather the necessary information to ensure the final report adequately analyzes project impacts.
b. Consultant will be required to complete either technical studies relative to CEQA and/or NEPA, an Initial Study, Environmental Assessment, Negative Declaration, Mitigated Negative Declaration, Exemptions, and/or Finding of No Significant Impact, and respond to and address public comments, as deemed necessary to address potential impacts on the natural and built environments, and analyze ways in which any significant effects/impacts of the project might be avoided or mitigated, as required by the CEQA and/or NEPA.
c. Consultant will w ork on commenced project(s) which are found to require additional environmental review beyond the contracted scope of work, such as the preparation of an Environmental Impact Report (EIR) or Statement (EIS), which may be assigned on a case-by-case basis.
d. Consultant may be required to attend meeting(s) with staff and applicants, scoping meetings, and public hearings. Opportunities for teleconferencing may be possible. 153
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Consultant may also be called upon to advise and assist staff and applicant s with responses to questions and / or ramifications of project revisions related to the project’s environmental analysis.
e. Consultant will be required to reaffirm that the technical studies provided by each development project applicant are accurate, a nd must be able to perform and interpret modeling for traffic, air quality, noise , cultural resources, and greenhouse gas analyses.
Planning staff must ensure that the prepared environmental document reflects the independent judgment of the City.
f. Consultant is responsible for printing and distributing the Initial Study, Negative Declaration, Mitigated Negative Declaration, Finding of No Significant Impact or other required noticing to the responsible, trustee, and cooperating agencies, including forwarding Notice of Determination to Planning staff for filing with the Ventura County Clerk and uploading to the State Clearinghouse. Consultant may also be asked to prepare and send out any noticing required pursuant to CEQA, including but not limited to Tribal Consultation and notices to CEQA distribution list.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Michael Baker International, Inc.)
SCHEDULE OF COMPENSATION
BILLING RATE
The following rates will be effective for the initial three -year term of the agreement. For non - exempt employees, the hourly rates listed in this rate schedule are subject to overtime and double time rates pursuant to California Labor Code Section 510, as applicable. All overtime and double time work shall be subject to approval by the City prior to initiation of any work.
CLASSIFICATION HOURLY RATE
Principal-in-Charge $280.00 – $390.00
Senior Project Manager $190.00 – $300.00
Technical Advisor $190.00 – $330.00
Project Manager $150.00 – $250.00
Senior CEQA/Environmental Planner $180.00 – $250.00
CEQA/Environmental Planner IV $150.00 – $190.00
CEQA/Environmental Planner III $130.00 – $155.00
CEQA/Environmental Planner II $100.00 – $135.00
CEQA/Environmental Planner I $90.00 – $110.00
Environmental Specialist $90.00 – $160.00
Principal Engineer $290.00 – $390.00
Principal Hydrogeologist $275.00 – $375.00
Regulatory Permit Manager $280.00 – $390.00
Certified Senior Biologist $175.00 – $250.00
Senior Technical Specialist $190.00 – $280.00
Technical Specialist IV $175.00 – $220.00
Technical Specialist III $155.00 – $180.00
Technical Specialist II $125.00 – $160.00
Technical Specialist I $90.00 – $130.00
Air Quality/Odor/Greenhouse Gas Emissions Specialist $120.00 – $250.00 Certified Arborist $140.00 – $180.00
Landscape Architect $125.00 – $185.00
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REIMBURSABLE EXPENDITURES
The following reimbursable expenditures are anticipated to be required to support the scopes of work identified above. Reimbursable expenses are billed at cost plus 5 percent administrative markup, as noted.
Biologist $130.00 – $180.00
Cultural/Historic Resources Specialist/Monitor $110.00 – $185.00 Paleontologist $110.00 – $180.00
Archaeologist/Tribal Resources Specialist $115.00 – $145.00 Noise and Vibration Specialist $120.00 – $225.00
Traffic/Transportation Analyst $110.00 – $180.00
Graphic Designer/GIS Specialist $120.00 – $180.00
Field Technician $70.00 – $110.00
Administrative Assistant $80.00 – $120.00
Technical Editor/Word Processor $90.00 – $150.00
Project Controls $110.00 – $190.00
CATEGORY RATE
Mileage Current IRS rate
Parking Cost + 5%
Meals – Field Staff $20/staff member/day
Cultural Resources Records Search Cost + 5%
Paleontological Resources Records Search Cost + 5%
Printing/Reproduction Cost + 5%
Postage Cost + 5%
Shipping/Courier Cost + 5%
Court Reporter for Public Meetings Cost + 5%
Interpreter/Translator for Public Meetings Cost + 5%
Ventura County Clerk Filing Fees Cost + 5%
Subconsultant Costs Cost + 5%
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Michael Baker International, 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.
ATTACHED CITY’S INSURANCE FORM HERE:
INS-A
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Exhibit INS-A
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 he reunder 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 insu rer 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 cover age 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 n o 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 provide d 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.
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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 subconsult ants.
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.
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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.
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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
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. 161
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Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
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 endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insu rance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alt er or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
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Exhibit INS-A
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work perfor med 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 respe cts 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 othe r insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability.
The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions o f the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be he ld 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. 1/26 INS-A.doc
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Michael Baker International, 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 $20.06 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 wr itten 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 $20.06 per h our 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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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND ENVIRONMENTAL SCIENCE ASSOCIATES
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Environmental Science Associates (“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.”
RECITALS
WHEREAS, the City issued a Request for Proposals (RFP) on July 2, 2025, seeking Environmental CEQA/NEPA Consulting services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFP which the City has reviewed and evaluated in accordance with the standards set forth in the RFP; and
WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide Environmental CEQA/NEPA consulting services on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND
VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
2. SUMMARY DESCRIPTION OF SERVICES.
Professional Services Agreement for Environmental CEQA/NEPA consulting services.
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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.
Environmental Science Associates (ESA), a corporation of the State of California, located at 575 Market Street, Suite 3700, San Francisco, CA 94105.
4. TERM OF AGREEMENT: From (Date): May 1, 2026 To (Date): April 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive term extension for up to (2) two-years, 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.
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: $750,000.00
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: Living Wage Policy
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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 Jeff Pengilley, P.E.
Title Director
Phone 805-385-8208
Email [email protected]
Address 214 South C Street, Oxnard, CA
93030
Consultant Designated Representative
Name Michael E. Houlihan, AICP
Title Principal Associate
Phone 949-753-7001
Email [email protected]
Address 420 Exchange, Suite 260,
Irvine, CA 92602
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.
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.
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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, provided the City and the Consultant shall use best efforts to expeditiously resolve any disputed amounts.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
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.
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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. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City 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 171
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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 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 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.
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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.
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 173
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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. Consultant may retain a copy of all materials produced by Consultant pursuant to this Agreement. Nothing in this Section 20, or elsewhere in this Agreement, shall be deemed to give the City an ownership interest in, or copyright to, any standard details, drawings, specifications or other intellectual property rights of the Consultant that were in existence prior to the effective date of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement (“Retained IP”); provided, however, that the Consultant grants to the City a limited, non- exclusive, royalty-free license to use such Retained IP in accordance with this Agreement to the extent included in any work product or deliverables.
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 174
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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 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 175
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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 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 176
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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.
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. [INTENTIONALLY OMMITTED]
27. [RESERVED]
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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 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 178
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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.
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 179
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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 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, 180
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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.
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.
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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 ENVIRONMENTAL SCIENCE
ASSOCIATES
☐Luis A. Mc Arthur, Mayor1 Date Ruta Thomas, Senior Vice Date ☐Libertad Macias, Purchasing Manager2 President
Maury Balif, Chief Financial Date
Officer 3
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.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Environmental Science Associates)
SCOPE OF SERVICES
PROJECT MANAGER: Joe Pearson II, 805-385-8272, [email protected]
Consultant will assist in the preparation of environmental assessments and provide environmental services for projects as necessary, in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), or other environmental regulations, for the City’s land use development projects, either initiated as a private development proposal or initiated by the City for a land use policy or ordinance update related to the General Plan, Local Coastal Plan, Specific Plans, or Municipal Code Amendment . The CONSULTANT may be required to provide environmental related professional services that include but are not limited to the following:
a. When Consultant services are required, the Planning and Environmental Services Manager or designee will provide Consultant with background information and copies of the project applications, site plans, technical reports, and any other relevant documents and studies. These documents may be provided to Consultant in either print or electronic form. The Consultant shall prepare a project proposal detailing, a ll tasks, timeframes, and cost for environmental review project, which shall be approved by the Planning and Environmental Services Manager, or designee. Consultant will assist Planning staff with the preparation of any scoping studies and will work with staff and applicants to gather the necessary information to ensure the final report adequately analyzes project impacts.
b. Consultant will be required to complete either technical studies relative to CEQA and/or NEPA, an Initial Study, Environmental Assessment, Negative Declaration, Mitigated Negative Declaration, Exemptions, and/or Finding of No Significant Impact, and respond to and address public comments, as deemed necessary to address potential impacts on the natural and built environments, and analyze ways in which any significant effects/impacts of the project might be avoid ed or mitigated, as required by the CEQA and/or NEPA.
c. Consultant will w ork on commenced project(s) which are found to require additional environmental review beyond the contracted scope of work, such as the preparation of an Environmental Impact Report (EIR) or Statement (EIS), which may be assigned on a case-by-case basis.
d. Consultant may be required to attend meeting(s) with staff and applicants, scoping meetings, and public hearings. Opportunities for teleconferencing may be possible. 184
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Consultant may also be called upon to advise and assist staff and applicants with responses to questions and / or ramifications of project revisions related to the project’s environmental analysis.
e. Consultant will be required to reaffirm that the technical studie s provided by each development project applicant are accurate, and must be able to perform and interpret modeling for traffic, air quality, noise , cultural resources, and greenhouse gas analyses.
Planning staff must ensure that the prepared environmental document reflects the independent judgment of the City.
f. Consultant is responsible for printing and distributing the Initial Study, Negative Declaration, Mitigated Negative Declaration, Finding of No Significant Impact or other required noticing to the responsible, trustee, and cooperating agencies, including forwarding Notice of Determination to Planning staff for filing with the Ventura County Clerk and uploading to the State Clearinghouse. Consultant may also be asked to prepare and send out any noticing required pursuant to CEQA, including but not limited to Tribal Consultation and notices to CEQA distribution list.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Environmental Science Associates)
SCHEDULE OF COMPENSATION
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5.
LABOR CATEGORY BILLING
STEP I
BILLING
STEP II
BILLING
STEP III
BILLING
STEP IV
BILLING
STEP V
BILLING
STEP VI
Senior Principal
Consultant
$292 $322 $355 $388 $423 $457
Principal Consultant $247 $280 $312 $345 $377 $410
Managing Consultant $223 $248 $275 $301 $327 $352
Senior Consultant $185 $204 $229 $252 $277 $301
Associate Consultant $167 $184 $198 $214 $230 $246
Consultant $125 $141 $155 $173 $187 $203
Project Technician $92 $118 $142 $166 $189 $215
(a) The range of rates shown for each staff category reflects Consultant staff qualifications, expertise and experience levels. These rate ranges allow Consultant’s project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity.
(b) From time to time, Consultant retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates.
II. Consultant Expenses
A. Travel Expenses
1. Transportation
a. Company vehicle – fixed rate + fee for mileage in excess of 100 miles. b. Common carrier or car rental – actual expense multiplied by 1.15 c. If company vehicle is to be used in off-road conditions, a daily $15 use fee will be added to the standard daily vehicle rate.
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B. Technology and Data Management Fee
Non-travel expenses incurred for the duration of the agreement for project support but not itemized below. Project labor charges multiplied by 3%. Fee encompasses the following:
1. Ongoing long-term retention and retrieval, management, and security of project-related data.
2. Proprietary tools, cloud data services, data science and AI capabilities as required for project delivery.
III. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.
IV. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged when appropriate.
V. Payment Terms
Unless otherwise agreed in writing, Consultant will submit invoices on a monthly basis. Any unpaid balances shall draw interest at one and one half percent (1.5%) per month or the highest rate allowed by law, whichever is lower, commencing sixty (60) days after date of invoice. All invoices not contested in writing within fifteen (15) business days of receipt are deemed accepted by Client as true and accurate and Client thereafter waives any objection to Clients invoices, which are payable in full.
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Environmental Science Associates)
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.
ATTACHED CITY’S INSURANCE FORM HERE:
INS-A
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Exhibit INS-A
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 he reunder 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 a nd 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 am ount 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 o n 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 r eserves 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 effor t” 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 Fo rm 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.
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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.
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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.
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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
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. 192
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Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
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 endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suit s arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insu rance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alt er or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
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Exhibit INS-A