173
19. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Service Provider in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. O
wnership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Service Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. R
ecords and Inspections. The Service Provider shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
C. D eliverables. Service Provider shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Service Provider shall, upon completion of all work, submit to the City all information developed in the course of the Service Provider 's services. Service Provider shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Service Provider shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Service Provider by the City.
D. C
onfidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. Service Provider may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Service Provider to perform its obligations pursuant to this Agreement. If Service Provider is granted such access to confidential information, Service Provider shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
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E. Disclosure of Information. Service Provider shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Service Provider by the City or other information to which the Service Provider has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. N
o Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Service Provider in reliance on any Confidential Information disclosed under this Agreement.
20. AS
SIGNMENT. This Agreement is for the non-professional services of Service Provider. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Service Provider 's services pursuant to this Agreement shall be provided by the Service Provider’s Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the Service Provider 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
21. NO
TICE 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.
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22. NOTICES. All notices given or required to be given pursuant to this Agreem ent 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. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Service Provider shall be construed to be both a covenant and a condition.
24. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Service Provider under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action ar ising from Service Provider’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different char acter.
25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
A. As a separate and independent covenant from Service P rovider’s obligations under this section, Service Provider s hall to the fullest extent permitted by law, immediately defend, indemnify, a nd hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from Service Provider’s negligence or willful misconduct in the performance of the services described in this Agreement or failure to comply with any of its obligations contained in this Agr eement, Service Liabilities subject to the duties to defend and indem nify include, without limitation, all claims, losses, damages, penalties, fines, and judgments ; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys ’ fees; court costs; and costs of alternative dispute resolution. Service Provider’s obligation to indemnify and defend applies unless it is proven such liabilities covered by this Section are the result of negligence or willful misconduct of any of the Indemnitees.
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B. The duty to defend is a separate and distinct obligation from Service Provider’s duty to indemnify. Service Provider shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Service P
rovider of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation negligence or willful misconduct by any of the Indemnitees shall not relieve Service Provider from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Service Provider asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, Service Provider may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.
C. T
he review, acceptance or approval of Service Provider’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Service Provider’s indemnification or defense obligations. Service Provider waives any right of contribution against City or any of City’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by Service Provider pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The Service Provider’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
D. S
ervice Provider agrees to pay all required taxes on amounts paid to Service Provider under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Service Provider shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Service Provider’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable.
City shall have the right to offset against the amount of any compensation due to Service Provider under this Agreement any amount due to City from Service Provider as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
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26. I
NSURANCE. Service Provider shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Service Provider obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Service Provider is a material element of this Agreement. Service Provider’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
27. L
IVING WAGE REQUIREMENTS. During the term of this Agreement, Service Provider understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement. Service Provider will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.
28. P
REVAILING WAGE REQUIREMENTS. The pay ment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.
A. T
o determi
ne if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two Agreement No. 32600503
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shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.
29. CO
NFLICT OF INTEREST. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.
30. [
RESERVED]
31. S
UBCONTRACTING. If Service Provider 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 or Task Order attached to this Agreement as Exhibit A. Service Provider is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.
Service Provider 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.
32. D
ISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Service Provider. The decision of the City’s Designated Representative shall be final and conclusive unless Service Provider requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Service Provider shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
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33. 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.
34. AUDI
T. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Service Provider in preparing its billings to CITY as a condition precedent to any payment to Service Provider; or for other purposes relating to the Agreement. Service Provider will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Service Provider for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Service Provider shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Service Provider shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Service Provider shall include a copy of this Section in all contracts with its subcontractors, and Service Provider shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
35. ADV
ERTISING AND PUBLICITY. Service Provider shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
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36. NONDISCRIMINATORY EMPLOYMENT. Service Provider shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates.
For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.
37. F
ORCE MAJEURE. Neither the Service Provider nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
38. GOV
ERNING 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.
39. SEVER
ABILITY. 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.
40. I
NTEGRATED 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.
41. 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.
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42. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
43. EXEC
UTION – 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.
44. I
NCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
45. ACKNOWLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance. [
Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 4 and upon signature of all Parties.
CITY OF OXNARD OJOS TRUCKING LLC
DBA AGT TRUCKING SCHOOL
☐Luis A. Mc Arthur, Mayor2 Date Ada Gonzalez, Owner Date ☐Libertad Macias,3
P
urchasing Manager
Ja smin Orozco4 Date
Director of Operations
ATTEST:
Lourdes A. López, CITY Clerk Date
(only if Mayor signs)
APPR
OVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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
GENERAL SERVICE AGREEMENT
(City of Oxnard and Ojos Trucking LLC
dba AGT Trucking School)
SCOPE OF SERVICES
PR
OJECT MANAGERS:
F
leet Services Division: Jose Arreola / 805-385-8011 / [email protected] Water Division: Joe Camacho / 805-385-8377 / [email protected] Li
censing and Professional Certification
R
equired:
R
egistered trainer on the Federal Training Provider Registry (TPR) Ge
neral Specifications
P
ermit Training
Training shall be offered on an as-needed basis to prepare employees to pass the knowledge test(s) required for obtaining a Commercial Learner’s Permit. Service Provider shall schedule, upon approval with the authorized representative, the DMV Permit Test when they feel that the City of Oxnard employee is ready to take and successfully pass.
CDL Training
A combination of Theory & Behind-the-Wheel (BTW) Training as required by the DMV.
A. Theory:
a. Lectures, demonstration (computer-based, online learning, etc.) b. May use a simulator
c. Administer Practice Exams
i. No minimum number of hours
ii. Must score at least 80% on the assessment
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d. Training topics include, but are not limited to:
i. Basic Operation
ii. Safe Operating Procedures
iii. Advanced Operation Procedures
iv. Vehicle Systems and Reporting Malfunctions
v. Non-Driving Activities (e.g., Hours of Service)
vi. Pre-trip inspection training
vii. Air brake systems
viii. License Endorsements (as needed)
B. Behind the Wheel:
a. Minimum of 15 hours one-on-one training compliant with DOT regulations and licensing requirements
b. Actual operation of the Service Provider’s commercial motor vehicle (CMV)
c. Takes place on a range or public road
d. May not use a simulator to meet requirements
e. Basic vehicle control skills and mastery of basic maneuvers Training Equipment
a. The Service Provider shall provide the option to train and test with either automatic or manual transmission. Regardless of the transmission type, all vehicles must have air brakes for training and testing.
Scheduling
a. A designated City representative(s) will schedule the training sessions with the Service Provider and receive the schedule via email confirming the date, time, and employee name.
b. Training may be scheduled within two weeks of the City of Oxnard's first attempt to schedule the employee for training.
c. Training shall be completed during the City of Oxnard working hours between 7:00 AM and 4:00 PM with approval from authorized City of Oxnard representative(s).
d. Service Provider shall provide the City of Oxnard with a biweekly progress/status report of students, lessons, DMV driving results, etc.
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EXHIBIT B
GENERAL SERVICE AGREEMENT
(City of Oxnard and Ojos Trucking LLC
dba AGT Trucking School)
SCHEDULE OF COMPENSATION
BASE YEAR
CDL Permit
Fees Qty.
(Per Student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
Knowledge test training 1 $ 250.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class A
Fees Qty.
(Per Student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off CA DMV 15 hours behind the wheel training 1 $ 4,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class B
Fees Qty.
(Per Student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off CA DMV 15 hours behind the wheel training 1 $ 3,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Agreement No. 32600503
186
Other costs if applicable (list) 1 $ 0.00 N % off Retest Options for Permit, Class A, or Class B
Fees
Qty.
(Per Student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
1st retest 1 $ 0.00 N % off
2nd retest 1 $ 0.00 N % off
Additional retests 1 $ 0.00 N % off
Endorsements
Fees
Qty.
(Per Student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Endorsement training 1 $ 150.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off
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YEAR 1
CDL Permit
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off list
price
Registration 1 $ 150.00 N % off
Knowledge test training 1 $ 250.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off Class A
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off list
price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 4,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class B
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off list
price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 3,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Retest Options for Permit, Class A, or Class B
Fees
Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off list
price
Agreement No. 32600503
188
1st retest 1 $ 0.00 N % off
2nd retest 1 $ 0.00 N % off
Additional retests 1 $ 0.00 N % off
Endorsements
Fees
Quantity (per
student)
Price
Discount
for
multiple
students?
Y/N
Discount % off list
price
Endorsement training 1 $ 150.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off
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189
Other costs if applicable (list) 1 $ 0.00 N % off
Retest Options for Permit, Class A, or Class B
Fees
Quantity
(per student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
1st retest 1 $ 0.00 N % off
YEAR 2
CDL Permit
Fees Quantity
(per student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
Knowledge test training 1 $ 250.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class A
Fees Quantity
(per student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 4,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class B
Fees Quantity
(per student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N
% off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 3,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Agreement No. 32600503
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2nd retest 1 $ 0.00 N % off
Additional retests 1 $ 0.00 N % off
Endorsements
Fees
Quantity (per
student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Endorsement training 1 $ 150.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off
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191
CA DMV 15 hours behind the wheel training 1 $ 4,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class B
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 3,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Retest Options for Permit, Class A, or Class B
Fees
Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
1st retest 1 $ 0.00 N % off
YEAR 3
CDL Permit
Fees Quantity
(per student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
Knowledge test training 1 $ 150.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class A
Fees Quantity
(per student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
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2nd retest 1 $ 0.00 N % off
Additional retests 1 $ 0.00 N % off
Endorsements
Fees
Quantity (per
student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Endorsement training 1 $ 150.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off
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YEAR 4
CDL Permit
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
Knowledge test training 1 $ 250.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class A
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 4,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Class B
Fees Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Registration 1 $ 150.00 N % off
FMCSA ELDT classroom curriculum 1 $ 150.00 N % off
CA DMV 15 hours behind the wheel training 1 $ 3,000.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Other costs if applicable (list) 1 $ 0.00 N % off Retest Options for Permit, Class A, or Class B
Fees
Quantity
(per student)
Price
Discount
for
multiple
students?
Y/N
Discount % off
list price
Agreement No. 32600503
194
1st retest 1 $ 0.00 N % off
2nd retest 1 $ 0.00 N % off
Additional retests 1 $ 0.00 N % off
Endorsements
Fees Quantity
(per
student)
Price
Discount
for multiple
students?
Y/N
Discount % off
list price
Endorsement training 1 $ 150.00 N % off
Other costs if applicable (list) 1 $ 0.00 N % off Agreement No. 32600503
195
EXHIBIT C
GENERAL SERVICES AGREEMENT
(City of Oxnard and Ojos Trucking LLC
dba AGT Trucking School)
INSURANCE REQUIREMENTS
Prior
to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
(PLEASE SE
E NEXT PAGES)
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196
Exhibit INS-B
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance agai nst 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 Cont ractual 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 Insura nce Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto”;
c. Workers’ compensation insurance in com pliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements affecting coverage required by this Exhibit INS -B. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance polici es at any time.
The certificates of insurance and endorsements shall be sent via email . If you have not received your request or are having difficulty with electronic upload, contact [email protected]
3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or re duced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. C onsultant agrees that the commercial general liability and busin ess automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Coun cil, officers, employees and volunteers. The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- B or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available. C G 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 ins urance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shal l not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self -insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Coun cil, officers, employees and volunteers, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, c laim 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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197
IN
STRUCTION 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 ins urance.
You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number . Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notes of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-B.doc
Agreement No. 32600503
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SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, T
HE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Rev. 1/23 INS-B.doc
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Rev. 1/23 INS-B.doc
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