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.
AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street July 7, 2026
Closed Session - 4:30 PM
Appointment Items - 5:30 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: 825 2838 8866
3. Passcode: 666900
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 MEET 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.
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.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 7, 2026 PAGE 2
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 agenda 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 body 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
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. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Manager
Legislative Body: City Council
2. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION (Government Code section 54957)
Title: City Attorney
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:30 PM)
1. Public Works Department
SUBJECT: Parks, Recreation & Community Services Commission Annual Report.
RECOMMENDATION: That the City Council: 1) Receive the Parks, Recreation & Community Services Commission Annual Report; and 2) Present a Proclamation designating July 2026 as "Parks and Recreation Month" in the City of Oxnard.
Legislative Body: City Council
Contact: Steve Howlett, (805) 385-7900
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 7, 2026 PAGE 3
F. CEREMONIAL ITEMS
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 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.
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. Finance Department
SUBJECT: Monthly Investment Report for the period ending May 31, 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
2. Community Development Department
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 7, 2026 PAGE 4
SUBJECT: Professional Services Agreements for Plan Check and Inspection Services with JAS Pacific, Willdan Engineering, M6 Consulting, and Bureau Veritas.
RECOMMENDATION: That the City Council:
1. Authorize the Mayor to execute Professional Services Agreements for building plan check and inspection services with JAS Pacific (Agreement No. 32700009) for $1,250,000, and Willdan Engineering (Agreement No. 32700011) for $500,000; for building and engineering plan check, and inspection services with M6 Consulting (Agreement No. 32700010) for $1,750,000; for engineering and survey plan check, and inspection services with Bureau Veritas (Agreement No. 32700008) for $750,000, all for a term of 3 years with an option for one, two-year extension; and
2. Authorize the Mayor to execute Professional Services Agreements for fire plan check services with JAS Pacific (Agreement No. 32700013) and Willdan Engineering (Agreement No. 32700015), not to exceed $750,000 each and M6 Consulting (Agreement No. 32700014) not to exceed $2,000,000, all for a term of 3 years with an option for one, two- year extension.
(The Community Services, Public Safety, Housing and Development Committee approved 2-0 on June 23, 2026.)
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
3. Community Development Department
SUBJECT: Deferred Development Impact Fee Agreement for Cypress Place at Garden City Project, Phase II.
RECOMMENDATION: That the Oxnard City Council approve and authorize the Mayor to execute an agreement with Cypress Place at Garden City, L.P. (A-8618) deferring development impact fees, until the time of final inspection or the date the certificate of occupancy is issued, whichever comes first, in the amount of $679,401.32 for the Cypress Place at Garden City, Phase II, Project (PZ 20- 200-14 -Development Design Review Permit).
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
4. Community Development Department
SUBJECT: Professional Services Agreements for Planning Consulting Services with Rincon Consultants, CSG Consultants, Inc., and Veronica Tam and Associates, Inc.
RECOMMENDATION: That the City Council:
1. Authorizes the Mayor to execute Professional Services Agreements with Rincon Consultants (Agreement No. 32700018) and CSG Consultants, Inc., (Agreement No. 32700019) for $500,000 each with a term of three (3) years with an option for two (2), one (1) year extensions for professional planning consulting services;
2. Authorizes the Mayor to execute Professional Services Agreement with Veronica Tam and Associates, Inc. (Agreement No. 32700020) for professional planning consulting services in the specialized area of Regional Housing Needs Assessment (RHNA) support for a term of three (3) years with an option for two (2), one (1) year extensions in the amount of $250,000; and
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 7, 2026 PAGE 5
3. Authorize a Fiscal Year 2026-27 budget appropriation in the amount of $100,000 from the General Fund (101) fund balance, made available from General Plan Maintenance fee (GPMF) revenue received from prior fiscal years' to date, to fund the preliminary work necessary for the upcoming 7th cycle RHNA/Housing Element update. (The Community Services, Public Safety, Housing and Development Committee approved 2-0 on June 23, 2026.)
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
5. Community Development Department
SUBJECT: Project Name: Fire Station No. 3, a reconstruction of an existing fire station located at 150 Hill Street (APN: 203-0-120-130).
RECOMMENDATION: That the City Council:
1. Adopt the proposed Ordinance No. 3077 titled: AN ORDINANCE OF THE CITY COUNCIL APPROVING PLANNING AND ZONING PERMIT NO. 24-570-02 (ZONE
CHANGE) TO ALLOW FOR THE CONSTRUCTION OF A NEW TWO-STORY FIRE STATION AND RELATED IMPROVEMENTS LOCATED ON THE EXISTING 0.66- ACRE PROPERTY AT 150 HILL STREET (APN: 203-0-120-130).; and
2. Adopt the proposed Ordinance No. 3079 titled : AN ORDINANCE OF THE CITY COUNCIL APPROVING PLANNING AND ZONING PERMIT NO. 24-580-03 (ZONE
TEXT AMENDMENT) TO APPROVE AMENDMENTS TO THE OXNARD CITY CODE (OCC) CHAPTER 16 §SEC. 16-264. LOT COVERAGE TO MODIFY LOT
COVERAGE ALLOWED IN THE COMMUNITY RESERVE (C-R) ZONE TO ALLOW
FOR THE CONSTRUCTION OF A NEW TWO-STORY FIRE STATION AND RELATED IMPROVEMENTS LOCATED ON THE EXISTING 0.66-ACRE PROPERTY AT 150 HILL STREET (APN: 203-0-120-130).
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
6. Public Works Department
SUBJECT: Public Project Agreement 32700024 with The Willis Corporation dba Ventura County Overhead Door for Environmental Resources: Roll Up Doors Replacement Project, Specification No. PW 26-51.
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $429,000.00 in Project funds for the Environmental Resources: Roll Up Doors Replacement project, Specification No. PW 26-51;
2. The Mayor to Execute an Agreement with The Willis Corporation dba Ventura County Overhead Door in the amount of $330,000.00 for the Project and approve a Project contingency amount of $66,000.00 (20%) with The Willis Corporation dba Ventura County Overhead Door for a total not to exceed value of $396,000.00 for the Project; and 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY July 7, 2026 PAGE 6
3. A Project allocation amount of $33,000.00 (10%) for engineering, inspection, survey and project management for the Project.
(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 at the May 19, 2026, City Council meeting.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
M. PUBLIC HEARINGS
N. REPORTS
1. Finance Department
SUBJECT: City Investment Policy & Delegation of Investment Authority.
RECOMMENDATION: That the City Council:
1. Adopt a resolution approving the FY 2026-27 Investment Policy for the City of Oxnard;
2. Consider one of the following investment options:
1. Adopting a resolution delegating investment authority to the Elected City Treasurer,
2. Adopting a resolution delegating investment authority to the Elected City Treasurer and contracting a specially trained firm to assist the Treasurer with the investment of city funds,
3. Directing staff to contract with a specially trained firm to invest city funds in strict accordance with the FY 2026-2027 Investment Policy.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/aOdbAqjV3xg
Legislative Body: City Council
Contact: Eric Sonstegard, (805) 385-7478
O. ADJOURNMENT
6 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:30 PM)
AGENDA ITEM NO. D.1
DATE: July 7, 2026
TO: City Council
FROM: Steve Howlett, Assistant Public Works Director, (805) 385-7900, [email protected]
SUBJECT: Parks, Recreation & Community Services Commission Annual Report.
RECOMMENDATION
That the City Council: 1) Receive the Parks, Recreation & Community Services Commission Annual Report; and 2) Present a Proclamation designating July 2026 as "Parks and Recreation Month" in the City of Oxnard.
BACKGROUND
The Parks, Recreation & Community Services Commission ("PRCSC") serves as an advisory body to the City Council to advise on matters relating to the City's parks and recreation programs. The 2021 Oxnard Parks & Recreation Master Plan is the PRCSC's guiding document for establishing parks and recreation priorities and funding requests to the City Council.
The PRCSC is responsible for providing an annual report of activities to the City Council. This live presentation will include highlights of the Commission's activities over the past 12 months, showcasing their annual goals, activities, and accomplishments.
The PRCSC will continue to work with the community to fulfill their powers and duties and advise the City Council on such matters.
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.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. Presentation
7 Parks, Recreation, & Community Services
Commission Annual Report
City Council
July 7, 2026
8 COMMISSIONERS
• Chairperson Angela Whitecomb
• Vice Chair Miguel Fernandez
• Commissioner Abel Velasquez
• Commissioner Oscar Hernandez
• Commissioner Joe Garcia
Not pictured:
• Commissioners, Alfonso Arroyo and Rodrigo Zaragoza
BACKGROUND
2 9
• The Parks, Recreation, & Community Services Commission (“Commission”) meets every 4th Wednesday of the month at 5:30 p.m.
• The Commission is a Citizen Advisory Group that is
appointed by the City Council to advise the City Council and City Staff on matters relating to the City’s parks and
recreation programs.
• The City of Oxnard Parks & Recreation Master Plan,
adopted by the City Council in February 2021, is the
Commission’s guiding document for establishing the parks and recreation priorities and funding requests to the City Council.
BACKGROUND
3 10
Annual goals are established by the Commission that support the Parks & Recreation Master Plan.
2026 Goals Include:
• Repurpose Existing Tennis Courts for Multi-Use, Basketball, Futsal, or Pickleball
• Finalize new Landscape Standards
• Five Points Neighborhood Park design on Meta Street
• Expand Youth Sports Programs
• Recommend programs for Special Populations
• Future Public Access along the Santa Clara River (County)
DISCUSSION
4 11
FY 2025-26 COMMISSION BUSINESS:
• Approval of Bylaws Updates
• Park Bench and Tree Donation Program (Ad Hoc)
• Reviewed Request for a Dog Park at Five Points
• Review of a Mural Request in honor of Efren Gorre
• Update of Future Sports Park
• Colonia Park Restroom Improvements
• Review of Parks Division Budget
• Tour of PAL, Wilson, and Colonia Recreation Centers
• Review of Field Allocation Policy (Ad Hoc)
• Review of Parks & Recreation Master Plan
• Quimby Fund Update: Current Projects and Fund Balances • Five Points Park (Ad Hoc)
• Tour of the South Oxnard Center and the Southwinds,
Garden City Acres, Pleasant Valley, Johnson Creek, and
College Parks
DISCUSSION
5 12
Ad Hoc Committees are sometimes established by the
Commission as working groups to address specific Goals of the Master Plan.
FY 2025-26 Ad Hoc Committees include:
• Park Bench and Tree Donation Program
• Field Allocation Policy
• Five Points Park (Meta District)
• Annual Commission Report
DISCUSSION
6 13
RECREATION EVENTS
• Tamale Festival
• Christmas Parade
• Jr. High Grad Nite
• Insect Festival
DISCUSSION
7 14
ACCOMPLISHMENTS
• Park Tours - Garden City Acres, Pleasant Valley, Johnson Creek, and College Parks
• Rec. Center Tours - South Oxnard Center, Southwinds, PAL, Wilson, and Colonia Rec. Centers
DISCUSSION
8 15
ACCOMPLISHMENTS
• Recommendation for a Parks Bench and Tree Donation
Program will be presented to the Public Works and
Transportation Committee on July 14, 2026
DISCUSSION
9 16
THE END
10 17
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: July 7, 2026
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Monthly Investment Report for the period ending May 31, 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.)
BACKGROUND
The City of Oxnard (City) invests funds in compliance with the California Government Code Section 53600 et. seq., and the City’s Investment Policy. This report follows the guidelines established in the California Government Code section 53646 and the City’s adopted Investment Policy.
18 Statutory Compliance
All investment transactions have been executed in conformance with the City’s Investment Policy and the California Government Code. The table below represents the City’s investment portfolio as of May 31, 2026, by authorized investment and duration, for a total portfolio amount of $514.4 million.
Portfolio Trends
The cash and investment position, as of May 31, 2026, decreased by $3.1 million compared with the prior month, as a result of regular City operations. The trend for the cash and investment position is represented in the following chart.
The California Government Code and the City’s investment policy define the eligible investments that the City can purchase to allocate surplus funds. The table below summarizes the City’s investment portfolio by investment type. The individual investments included under each investment type are included as an attachment to this report.
19 The chart below represents the City’s investment portfolio classified by days until maturities from May 31, 2026. Pooled investments in LAIF, CAMP and Ventura County Investment Pooled provide immediate liquidity to support cash flow needs of the City, and are included in the maturity group 0 to 30 days.
The City’s average return on investment for the month May was 3.50%, LAIF average monthly effective yields for the same period was 3.81%. The City holds investments until maturity, and will evaluate reinvestment options based on market conditions and liquidity needs as those funds became available for investing in the upcoming months.
The next chart represents the City’s average return on investments, alongside with three-year Treasury bill and the LAIF Pooled Monthly Investment Account (PMIA) average Monthly Effective Yields, as benchmarks for the City’s portfolio.
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.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. 202605 May Investment report
20 21
Investment report
for the month Ended in May 31, 2026
City of Oxnard
Javier Chagoyen-Lazaro Date
Chief Financial Officer
City of Oxnard
Investments have been made in compliance with California Government Code and in accordance with the City's Investment Policy.
SYMPRO provides the market value for negotiable instruments held in safekeeping included in this report. For investments not held by the City's custodian, market values are obtained from individual monthly statements. Based on analysis of cash receipts, expenditures, and daily cash flows, it is projected that revenues and investment liquidity are sufficient to meet expenditure requirements for the next six months.
All Investment transactions have been exectured in accordance with the criteria stated in the City's Investment Policy (Resolution No. 15,994) adopted by the City Council held on July 1, 2025 06/18/2026
22 City of Oxnard
Cash and Investment Summary
Month Ended
May 31, 2026
Cash and Investment Position May 2026
Cash
Bank of America General Account 13,996,006.61 $
Bank of America Successor Agency Account 6,329,445.85
Bank of America Citations Account 856,847.80
Bank of America Golf Course Account -
21,182,300.26
Investments
Local Agency Investment Fund (LAIF) 75,000,000.00
Ventura County Investment Pool (VCIP) 53,891,557.87
CAMP 258,039,949.07
Certificates of Deposits -
Bank Notes -
Municipal Bonds -
Federal Agency -
Supra-National Agency Bonds * -
Medium Term Notes * 7,929,135.00
U.S. Treasury Notes * 5,006,150.00
U.S. Government Sponsored Entities * 114,557,718.10
Total Investments 514,424,510.04
Total Cash and Investments 535,606,810.30 $
* Market Value
23 Investment Portfolio Detail
Fiscal Year 2025 - 2026
May 1 - May 31, 2026
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date California Asset Mgmt Program
CAMP Caliifornia Asset Management P 12/1/2025 258,039,949.07 258,039,949.07 258,039,949.07 3.760 1 3.760 County Investment Pool
VCIP Ventura County Investment Pool 53,891,557.87 53,891,557.87 53,891,557.87 3.990 1 3.990 3133ERP70 Federal Farm Credit Ban
k 12/31/2024 10,000,000.00 10,046,680.00 9,993,529.93 4.250 574 4.294 12/27/2027 3133ERN31 Federal Farm Credit Ban k 1/16/2025 5,000,000.00 5,005,145.00 4,990,695.36 4.340 570 4.468 12/23/2027 3133ETJH1 Federal Farm Credit Ban k 5/29/2025 5,000,000.00 5,000,265.00 5,000,000.00 4.600 1,093 4.600 5/29/2029 3133ENBK5 Federal Farm Credit Ban k 10/20/2021 1,000,000.00 989,572.00 1,000,000.00 1.140 141 1.140 10/20/2026 3130AQKJ1 Federal Home Loan Bank 1/28/2022 1,000,000.00 985,793.00 1,000,000.00 1.700 241 1.700 1/28/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 986,612.00 1,000,000.00 2.000 261 2.000 2/17/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 986,612.00 1,000,000.00 2.000 261 2.000 2/17/2027 3130AQSM6 Federal Home Loan Bank 2/25/2022 1,000,000.00 986,612.00 1,000,000.00 2.050 269 2.050 2/25/2027 3130AQRH8 Federal Home Loan Bank 2/25/2022 1,000,000.00 986,406.00 1,000,000.00 2.000 269 2.000 2/25/2027 3130AQRK1 Federal Home Loan Bank 2/25/2022 1,000,000.00 986,469.00 1,000,000.00 2.030 269 2.030 2/25/2027 3130AQYG2 Federal Home Loan Bank 2/28/2022 1,000,000.00 989,673.00 1,000,000.00 2.500 269 2.493 2/25/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,000,000.00 1,975,802.00 2,000,000.00 2.250 276 2.250 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 987,533.00 1,000,000.00 2.200 276 2.200 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 987,533.00 1,000,000.00 2.200 276 2.200 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,300,000.00 1,283,792.90 1,299,408.50 2.200 276 2.264 3/4/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,700,000.00 2,667,332.70 2,699,590.50 2.250 276 2.271 3/4/2027 3130ARAX9 Federal Home Loan Bank 3/30/2022 1,000,000.00 993,414.00 1,000,000.00 3.000 297 3.000 3/25/2027 3130ARDV0 Federal Home Loan Bank 4/8/2022 1,000,000.00 993,541.00 1,000,000.00 3.000 297 3.000 3/25/2027 3130APN43 Federal Home Loan Bank 12/31/2024 10,000,000.00 9,935,500.00 9,922,675.64 2.250 148 4.250 10/27/2026 3130B6EY8 Federal Home Loan Bank 5/29/2025 5,000,000.00 4,995,620.00 4,999,668.69 4.400 721 4.403 5/22/2028 3130B6HM1 Federal Home Loan Bank 5/29/2025 5,000,000.00 4,996,055.00 5,000,000.00 4.520 1,093 4.520 5/29/2029 3130AMM41 Federal Home Loan Bank 6/16/2021 5,000,000.00 4,994,140.00 5,000,000.00 1.000 15 1.000 6/16/2026 3130AMPT3 Federal Home Loan Bank 6/23/2021 5,000,000.00 4,991,680.00 5,000,000.00 1.030 22 1.030 6/23/2026 3130AMYP1 Federal Home Loan Bank 7/15/2021 3,000,000.00 2,990,472.00 3,000,000.00 1.125 44 1.125 7/15/2026 3130ANWH9 Federal Home Loan Bank 9/24/2021 1,000,000.00 991,970.00 1,000,000.00 1.080 106 1.080 9/15/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 990,177.00 1,000,000.00 1.100 134 1.100 10/13/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 990,177.00 1,000,000.00 1.100 134 1.100 10/13/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 989,483.00 1,000,000.00 1.050 136 1.050 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 989,483.00 1,000,000.00 1.050 136 1.050 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 989,483.00 1,000,000.00 1.050 136 1.050 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 989,446.00 999,977.67 1.040 136 1.046 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 989,483.00 1,000,000.00 1.050 136 1.050 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 989,446.00 1,000,000.00 1.040 136 1.040 10/15/2026 3130APAY1 Federal Home Loan Bank 10/21/2021 3,000,000.00 2,967,681.00 3,000,000.00 1.100 142 1.100 10/21/2026 Federal Agency Coupon Securities
Pooled Investments
24 Investment Portfolio Detail
Fiscal Year 2025 - 2026
May 1 - May 31, 2026
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3130APBF1 Federal Home Loan Bank 10/22/2021 1,000,000.00 989,456.00 1,000,000.00 1.150 143 1.150 10/22/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 2,000,000.00 1,978,912.00 2,000,000.00 1.150 143 1.150 10/22/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,978,200.00 2,000,000.00 1.200 147 1.200 10/26/2026 3130APC45 Federal Home Loan Bank 10/26/2021 1,000,000.00 989,159.00 1,000,000.00 1.180 147 1.180 10/26/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,978,200.00 1,999,919.44 1.200 147 1.210 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 989,438.00 1,000,000.00 1.250 147 1.250 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,978,876.00 2,000,000.00 1.250 147 1.250 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 989,438.00 1,000,000.00 1.250 147 1.250 10/26/2026 3130APG82 Federal Home Loan Bank 10/28/2021 1,000,000.00 995,622.00 1,000,000.00 3.000 149 1.264 10/28/2026 3130APHV0 Federal Home Loan Bank 10/28/2021 2,000,000.00 1,978,016.00 2,000,000.00 1.180 149 1.180 10/28/2026 3130APDQ5 Federal Home Loan Bank 10/28/2021 1,000,000.00 989,780.00 1,000,000.00 1.250 149 1.250 10/28/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 988,339.00 1,000,000.00 1.250 162 1.250 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 988,339.00 999,779.17 1.250 162 1.302 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 988,339.00 1,000,000.00 1.250 162 1.250 11/10/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 988,559.00 1,000,000.00 1.375 168 1.375 11/16/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 988,559.00 1,000,000.00 1.375 168 1.375 11/16/2026 3130APL37 Federal Home Loan Bank 11/16/2021 1,000,000.00 988,593.00 1,000,000.00 1.400 168 1.400 11/16/2026 3130APNK7 Federal Home Loan Bank 11/18/2021 1,000,000.00 988,204.00 1,000,000.00 1.375 170 1.375 11/18/2026 3130APPZ2 Federal Home Loan Bank 11/23/2021 1,000,000.00 988,744.00 1,000,000.00 1.500 175 1.500 11/23/2026 3130AQ3T8 Federal Home Loan Bank 12/23/2021 1,000,000.00 989,625.00 1,000,000.00 2.000 205 1.641 12/23/2026 3130AQAB9 Federal Home Loan Bank 12/30/2021 1,250,000.00 1,234,292.50 1,250,000.00 1.625 212 1.625 12/30/2026 3134GXQF4 Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 994,214.00 1,000,000.00 3.250 316 3.250 4/13/2027 3134HBSZ5 Federal Home Loan Mtg Corp 6/4/2025 5,000,000.00 4,977,730.00 5,000,000.00 4.550 1,099 4.550 6/4/2029 LAIF LAIF 75,000,000.00 75,000,000.00 75,000,000.00 3.810 1 3.810 06048WM64 Bank of America 7/12/2021 1,000,000.00 996,514.00 999,979.67 1.200 24 1.231 6/25/2026 06048WM72 Bank of America 7/30/2021 1,000,000.00 994,249.00 1,000,000.00 1.200 59 1.200 7/30/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 985,473.00 1,000,000.00 1.250 115 1.250 9/24/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 985,473.00 1,000,000.00 1.250 115 1.250 9/24/2026 17290A2M1 Citi Bank 7/21/2021 1,000,000.00 993,196.00 1,000,000.00 1.400 50 1.400 7/21/2026 38150AH99 Goldman Sachs 8/17/2021 1,000,000.00 994,226.00 1,000,000.00 1.350 77 1.350 8/17/2026 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 990,002.00 1,000,000.00 1.200 88 1.200 8/28/2026 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 990,002.00 1,000,000.00 1.200 88 1.200 8/28/2026 91282CLS8 U.S. Treasur
y 11/26/2024 5,000,000.00 5,006,150.00 4,996,963.78 4.125 152 4.277 10/31/2026 $515,181,506.94 $514,424,510.04 $515,083,695.29
Local Agency Investment Funds
Medium Term Notes
Treasury Coupon Securities
25 Monthly Investment Activities
Investment Purchases
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
5/6/2026 Purchase CAMP 10,000,000.00
Total Purchases 10,000,000.00$
Investment Maturities, Calls & Sales
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
05/14/2026 Maturit y 06048WL99 Bank of America Corp. 5,000,000.00 1.400 05/14/2026 05/26/2026 Maturit y 3130AMJH6 FEDERAL HOME LOAN BKS 1,000,000.00 1.050 05/26/2026 05/27/2026 Maturit y 3130AML42 FEDERAL HOME LOAN BKS 1,000,000.00 0.957 05/27/2026 Total Maturities, Calls & Sales 7,000,000.00$
26 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: July 7, 2026
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Professional Services Agreements for Plan Check and Inspection Services with JAS Pacific, Willdan Engineering, M6 Consulting, and Bureau Veritas.
RECOMMENDATION
That the City Council:
1. Authorize the Mayor to execute Professional Services Agreements for building plan check and inspection services with JAS Pacific (Agreement No. 32700009) for $1,250,000, and Willdan Engineering (Agreement No. 32700011) for $500,000; for building and engineering plan check, and inspection services with M6 Consulting (Agreement No. 32700010) for $1,750,000; for engineering and survey plan check, and inspection services with Bureau Veritas (Agreement No. 32700008) for $750,000, all for a term of 3 years with an option for one, two- year extension; and
2. Authorize the Mayor to execute Professional Services Agreements for fire plan check services with JAS Pacific (Agreement No. 32700013) and Willdan Engineering (Agreement No. 32700015), not to exceed $750,000 each and M6 Consulting (Agreement No. 32700014) not to exceed $2,000,000, all for a term of 3 years with an option for one, two-year extension.
(The Community Services, Public Safety, Housing and Development Committee approved 2-0 on June 23, 2026.)
BACKGROUND
On January 28, 2026, the Community Development and Fire Departments, in conjunction with the Finance Department, sent out a Request for Qualifications (RFQ) for Professional Building, Fire, and Engineering Plan Check & Inspection.
The purpose of the RFQ is to obtain professional consulting services to support the City of Oxnard’s Building, Fire, and Engineering divisions by providing timely and accurate plan check and related services for land development projects.
These services are intended to supplement City staff capacity and ensure that building, fire, and development-driven infrastructure projects are reviewed in compliance with applicable federal, state, county, and local codes, standards, and City-adopted requirements.
While the long-term business model for Community Development and Fire Departments is to perform the majority of the plan check work in-house, there has been a persistent staff vacancy along with an increase in workload driven primarily by housing projects ranging from multistory apartments and condominiums to Accessory Dwelling Units. Staff continues to monitor workload, staffing, and consulting budgets with the goal of transitioning to the use of consulting plan check services for addressing unexpected peaks in workload rather than to keep up with ongoing workload. The use of consultants is expected to cover multiple years due to ongoing vacancies and increased workload.
DISCUSSION
The City received twelve (12) proposals for the RFQ. A panel that consisted of City staff members from the Fire, Building, and Engineering Departments, selected four (4) consulting firms for the Community Development Department 27 and three (3) consulting firms for the Fire Department that best met the criteria from the RFQ, consistent with the City’s municipal code.
Building & Engineering Plan Check
• JAS Pacific
• Willdan Engineering
• M6 Consulting
• Bureau Veritas
Fire Plan Check
• JAS Pacific
• Willdan Engineering
• M6 Consulting
Given that these consulting firms also 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 fire, building, engineering and inspection for land development projects, 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.
STRATEGIC PRIORITIES
This agenda item supports the Economic Development strategy. The purpose of the Economic Development strategy is to develop and enhance Oxnard’s business climate, promote the City’s fiscal health, and support economic growth in a manner consistent with the City’s unique character.
FINANCIAL IMPACT
Tasks for plan check reviews and inspections of land development project applications are paid for with applicant funds paid through the permit fees for the majority of services rendered by these firms. All expenditures under these agreements by the Community Development Department and Oxnard Fire Department will utilize available funds in their respective budgets. Funding sources for these agreements include the General Fund (101), CUPA funds (360-7020).
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing and Development Committee approved 2-0 on June 23, 2026, to approve the staff recommendation and to forward for Council approval.
The Measure M Video recorded for the Committee meeting can be viewed online at the following link: https://www.youtube.com/watch?v=br91Gzq9eZ0.
The Committee meeting of June 23, 2026, can be viewed online at the following link:
https://www.youtube.com/watch?v=qDOHhAQsUpw.
Prepared by: Tai Chau, Community Development Assistant Director
ATTACHMENTS
1. CD Agreement #32700009 with JAS Pacific
2. CD Agreement #32700011 with Willdan Engineering
3. CD Agreement #32700010 with M6 Consulting
4. CD Agreement #32700008 with Bureau Veritas
28 5. FD Agreement #32700013 with JAS Pacific
6. FD Agreement #32700015 with Willdan Engineering
7. FD Agreement #32700014 with M6 Consulting
8. List of Consultants Submitting Proposals
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
Agreement No. 32700011
pg. 1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND WILLDAN ENGINEERING
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Willdan Engineering (“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 Qualifications (RFQu), seeking Professional Services to provide Building, Fire, and Engineering Plan Check and Inspection services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFQu which the City has reviewed and evaluated in accordance with the standards set forth in the RFQu; and
WHEREAS, the City desires at this time to implement the project; 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 professional Building Plan Check and Inspection 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.
59 Agreement No. 32700011
pg. 2
Professional Building Plan Check and Inspection Services
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.
Willdan Engineering, a corporation of the State of California, located at 2401 E.
Katella Avenue, Suite 300, Anaheim, CA 92806.
4. TERM OF AGREEMENT: From (Date): July 1, 2026 To (Date): June 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
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: $500,000.00
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
60 Agreement No. 32700011
pg. 3
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 Jamie Bruccoleri
Title Project Manager
Phone 310-623-9930
Email [email protected]
Address 13191 Crossroads Parkway
North, #405, Industry, CA 91746-3443
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.
61 Agreement No. 32700011
pg. 4
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 Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, 62 Agreement No. 32700011
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.
15. [RESERVED]
63 Agreement No. 32700011
pg. 6
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 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 64 Agreement No. 32700011
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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 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, 65 Agreement No. 32700011
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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 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.
66 Agreement No. 32700011
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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 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.
67 Agreement No. 32700011
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(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”, 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 68 Agreement No. 32700011
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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 OMITTED]
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 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 69 Agreement No. 32700011
pg. 12
diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request.
The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.
Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
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 70 Agreement No. 32700011
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City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36. ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For 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 71 Agreement No. 32700011
pg. 14
subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40. FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.
No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
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 72 Agreement No. 32700011
pg. 15
this Agreement is in the physical possession of the Party seeking enforcement thereof.
47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49. ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance.
[Signatures on next page]
73 Agreement No. 32700011
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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 WILLDAN ENGINEERING
☐Luis A. Mc Arthur, Mayor1 Date Patrick Johnson, Vice Date ☐Libertad Macias, Purchasing Manager2 President
Kate Nguyen, Secretary 3 Date
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
74 Agreement No. 32700011
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
SCOPE OF SERVICES
PROJECT MANAGER: Jeff Pengilley, 805-385-8208, [email protected] Consultant shall perform building plan check services, and related inspection support when requested. Services such as building plan checks can cover all stages of the project from conceptual and feasibility studies to construction documents. The expected work includes, but is not limited to:
Building Plan Checks
Verify compliance with Title 24 of the California Code of Regulations (Building, Fire, Mechanical, Electrical, Plumbing, Energy and Green Building Codes) as amended by the City of Oxnard Municipal Code, for buildings and City-adopted Public Works Standards civil and infrastructure improvements.
Inspection Services
At the request of the City, provide building inspection services to verify compliance with approved plan and specifications for city-issued permits. The firm shall submit the name and complete resume.
Consultant will provide detailed daily updates on the status of all plan checks received and processed to date in a format acceptable to the City.
Key representatives from the firm must attend monthly meetings (or as required) with City of Oxnard staff to evaluate performance of their services.
At the request of the City, a key plan checker representative from the Consultant team may be stationed at the City to perform plan checking duties for at least 1 day per week. The representative will have an assigned workstation with City-issued email and desk phone to respond to customer inquiries.
Review turnaround time will be no more than 20 working days for each plan check, and 10 – 15 working days for small & medium sized projects, and for re-checks.
The City will make plans, paper and/or digital, available to Consultant for pickup/download. The work required for pickup/download shall be at no additional cost to the City.
75 Agreement No. 32700011
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
SCHEDULE OF COMPENSATION
Schedule of Rates
Title Hourly Rate
Certified Building Official $160
Senior Building Inspector $115
Building Inspector $105
Plan Check Engineer $155
Senior Plans Examiner $140
Plans Examiner $130
CASp Specialist $155
Senior Permit Technician $85
Permit Technician $75
Administrator Assistant $65
Fire Marshal $160
Fire Inspector $115
Fire Plans Examiner $140
Additional Services Hourly Rate
Code Enforcement Officer $95
Code Enforcement Manager $135
Expedited plan review will be billed at 1.35x of our hourly rate. Overtime and holiday inspections will be billed at
1.5x of our hourly rate. Mileage for inspections will be billed at the current IRS Standard Mileage Rate. Willdan reserves the right to increase rates once per year by up to the 12-month percentage change in the Consumer Price Index (CPI) for the area.
76 Agreement No. 32700011
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
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
77 Agreement No. 32700011
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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 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 bodil y injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissio ns 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 liabi lity/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 claiman t. 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 insuranc e 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 endor sements 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 t he Risk Manager before commencement of services. City reserves the right to require complete cer tified 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 suspend ed, 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 endorseme nt if the endorsement contains “best effort” modifiers or if the insurer is relieve d from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorse d to name City, its City Council, officers, employees, agents and volunteers as add itional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a wai ver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self -insured retentions to and be approved by the Risk Manage r. 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.
5/26
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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 . M odifying the certificate does not change coverage or obligate the carrier t o 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
79 Agreement No. 32700011
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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
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Rev. 5/26 INS-A.doc
80 Agreement No. 32700011
pg. 23
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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be p rimary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with r espect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provide d to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
81 Agreement No. 32700011
pg. 24
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with r espect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provide d to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
82 Agreement No. 32700011
pg. 25
(original signature required)
Telephone: ( ) Date Signed
Rev. 5/26 INS-A.doc
83 Agreement No. 32700011
pg. 26
EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
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 s hall 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.
84 Agreement No. 32700011
pg. 27
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 s hall 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 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 BUREAU VERITAS NORTH AMERICA, INC.
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Bureau Veritas North America, 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 Qualifications (RFQu), seeking Professional Services to provide Building, Fire, and Engineering Plan Check and Inspection services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFQu which the City has reviewed and evaluated in accordance with the standards set forth in the RFQu; and
WHEREAS, the City desires at this time to implement the project; 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 professional Building and Engineering Plan Check and Inspection 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.
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Professional Building and Engineering Plan Check and Inspection Services
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.
Bureau Veritas North America, Inc., a corporation of the State of Delaware, located at 16800 Greenspoint Park Dr., Ste 300S, Houston, TX 77060.
4. TERM OF AGREEMENT: From (Date): July 1, 2026 To (Date): June 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
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 Joe Chao, PE
Title Regional Manager
Phone 805-358-4246
Email [email protected]
Address 4500 E. Thousand Oaks Blvd.,
#100, Westlake Village, CA 91362
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 Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, 122
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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.
15. [RESERVED]
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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 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 124
Agreement No.32700008
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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 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, 125
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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 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.
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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 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.
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(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”, 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 128
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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 OMITTED]
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 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 129
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diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request.
The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.
Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
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 130
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City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36. ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For 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 131
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subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40. FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.
No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
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 132
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this Agreement is in the physical possession of the Party seeking enforcement thereof.
47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49. ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance.
[Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD BUREAU VERITAS NORTH
AMERICA, INC.
☐Luis A. Mc Arthur, Mayor1 Date Manuel (Craig) Baptista, Date ☐Libertad Macias, Purchasing Manager2 Vice President
, 3 Date
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and BUREAU VERITAS NORTH AMERICA, INC.)
SCOPE OF SERVICES
PROJECT MANAGER: Tai Chau, 805-385-7894, [email protected] Consultant shall perform civil and infrastructure improvement plan check services, as well as survey map check services, and related inspection support when requested. Services such as engineering and survey map check services can cover all stages of the project from conceptual and feasibility studies to construction documents. The expected work includes, but is not limited to:
Civil & Infrastructure Plan Checks
Civil Plan and Infrastructure Plan Checks may include any or all of the following: streets, sewers, storm drains, water mains, streetlights, landscaping and irrigation, traffic control, signing and striping, traffic signals, roundabouts, on- and off-site grading, paving, MS4, hydrology and hydraulics reports/calculations, cost estimates, compliance with conditions of approval, erosion control plans, SWPPP, and compliance with City standards, including standard plates, policies, and applicable local, county, state, and federal codes and standards. Civil plan check also includes coordinating land surveying products with the Consulting City Land Surveyor for survey map check services, subdivision maps, legal descriptions, lot line adjustments, and lot mergers.
Act as the City Land Surveyor to provide survey map check services and sign-off on subdivision maps, legal descriptions, lot line adjustments, and lot mergers.
Inspection Services
At the request of the City, provide engineering inspection services to verify compliance with approved plan and specifications for city-issued permits. The firm shall submit the name and complete resume.
Consultant will provide detailed daily updates on the status of all plan checks received and processed to date in a format acceptable to the City.
Key representatives from the firm must attend monthly meetings (or as required) with City of Oxnard staff to evaluate performance of their services.
At the request of the City, a key plan checker representative from the Consultant team may be stationed at the City to perform plan checking duties for at least 1 day per week. The 135
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representative will have an assigned workstation with City-issued email and desk phone to respond to customer inquiries.
Review turnaround time will be no more than 20 working days for each plan check, and 10 – 15 working days for small & medium sized projects, and for re-checks.
The City will make plans, paper and/or digital, available to Consultant for pickup/download. The work required for pickup/download shall be at no additional cost to the City.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and BUREAU VERITAS NORTH AMERICA, INC.)
SCHEDULE OF COMPENSATION
• Plan review percentage of fees includes initial review and 2 resubmittals; hourly thereafter • Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval.
• Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs.
• Hourly rates subject to annual adjustment in accordance with CPI. • Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate.
• Services to be invoiced monthly; percentage plan review fee to be invoiced after initial review. • Onsite staff augmentation - Minimum 4 hours per day per staff classification
COMPENSATION SCHEDULE
YEAR 1
June 1, 2026 -
May 31, 2027
YEAR 2
June 1, 2027 -
May 31, 2028
YEAR 3
June 1, 2028 -
May 31, 2029
YEAR 4
June 1, 2029 -
May 31, 2030
YEAR 5
June 1, 2030 -
May 31, 2031
Classification Percentage Percentage Percentage Percentage Percentage Offsite Building Plan Review Percentage of City-Collected Fee 55% 55% 55% 55% 55% Building and Safety Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Building Official $165 $165 $172 $177 $182
Structural Engineer $160 $160 $165 $170 $175
Sr. Plan Review Engineer $145 $145 $150 $155 $160
Building Plan Review Engineer/Sr. ICC Certified Plans Examiner $135 $135 $140 $144 $148 ICC Certified Plans Examiner $130 $130 $135 $139 $143
Certified Access Specialist (CASp) $155 $155 $160 $165 $170 Senior Building Inspector $125 $125 $129 $133 $137
Building Inspector $110 $110 $113 $116 $119
Permit Technician $80 $80 $82 $85 $88
Administrative / Clerical Support $70 $70 $72 $74 $76
Civil Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Senior Civil Engineer / Senior Surveyor $195 $195 $200 $206 $212 Civil Engineer / Surveyor $175 $175 $180 $185 $190
Civil Inspector $165 $165 $172 $177 $182
Fire Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Fire Protection Engineer $170 $170 $175 $180 $185
Fire Plans Examiner $140 $140 $145 $149 $153
Fire Inspector $140 $140 $145 $149 $153
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and BUREAU VERITAS NORTH AMERICA, INC.)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and suppl y 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 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 bodil y injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissio ns 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 liabi lity/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 claiman t. 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 insuranc e 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 endor sements 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 t he Risk Manager before commencement of services. City reserves the right to require complete cer tified 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 suspend ed, 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 endorseme nt if the endorsement contains “best effort” modifiers or if the insurer is relieve d from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorse d to name City, its City Council, officers, employees, agents and volunteers as add itional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a wai ver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self -insured retentions to and be approved by the Risk Manage r. 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 . M odifying the certificate does not change coverage or obligate the carrier t o 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
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be p rimary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with r espect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provide d to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with r espect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provide d to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
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(original signature required)
Telephone: ( ) Date Signed
Rev. 5/26 INS-A.doc
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and BUREAU VERITAS NORTH AMERICA, 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 employe e 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 curren t 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 p rovides written notice to Consultant of the amount owed.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND JASON ADDISON SMITH CONSULTING, INC.
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Jason Addison Smith Consulting, 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 Qualifications (RFQu 26-63), seeking Professional Services to provide Building, Fire, and Engineering Plan Check and Inspection services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFQu which the City has reviewed and evaluated in accordance with the standards set forth in the RFQu; and
WHEREAS, the City desires at this time to implement the project; 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 fire plan checks and 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.
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2. SUMMARY DESCRIPTION OF SERVICES.
Fire Department plan check services related to construction.
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.
JASON ADDISON SMITH CONSULTING, INC., a corporation of the State of California, located at 13925 City Center Drive, Suite 220, Chino Hills, CA 91709.
4. TERM OF AGREEMENT: From (Date): July 1, 2026 To (Date): June 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (2) two-year term extension, 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.
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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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: Karsten Guthrie
Title: Assistant Fire Chief
Phone: (805) 385-7704
Email: [email protected]
Address:360 W. Second Street, Oxnard
CA 93030
Consultant Designated Representative
Name: Bryan Spain
Title: Vice President
Phone: (805) 490-6058
Email: [email protected]
Address: same as above
7. CONTRACTUAL PREREQUISITES. 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.
8. 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.
9. 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.
10. 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 150
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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.
11. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises 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.
12. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. 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.
13. TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 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.
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14. [RESERVED]
15. 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.
16. 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.
17. 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 152
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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.
18. 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.
19. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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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 term of this Agreement and for a period of two (2) years after the termination of this Agreement.
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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.
20. 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.
21. 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.
22. 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.
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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.
23. 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 156
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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.
24. 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.
25. [INTENTIONALLY OMITTED]
26. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit E.
27. 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 157
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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.
28. 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.
29. 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.
30. 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 158
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the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
31. 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.
32. 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.
33. 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.
34. 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. 159
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35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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 160
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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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
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47. 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.
48. 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 JASON ADDISON SMITH CONSULTING, INC.
☐Luis A. Mc Arthur, Mayor1 Date Addison Smith Date ☐Libertad Macias, Purchasing Manager2 Chief Executive Officer
Rajesh Patel3 Date
Chief Financial Officer
ATTEST:
__________
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________ __________
Stephen M. Fischer, Date Karsten Guthrie Date
City Attorney (always required) Assistant Fire Chief
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 JASON ADDISON SMITH CONSULTING, INC.)
SCOPE OF SERVICES
PROJECT MANAGER: Jessica J Smith, (805) 385-7795, [email protected]
Fire Plans Checks required for fire-rated construction; fire suppression systems of all types; fire alarm systems; mechanical smoke control systems; exiting (including exit signs and emergency lighting); development projects subject to the Wildland Urban Interface code requirements; and all high-rise construction (new and existing). Review and analysis of civil site and utility plans for apparatus access, fire suppression features, and water supply. Plans, including new work that triggers separate Fire Department permits (such as storage or use of hazardous materials, public assembly occupant loads, and high-pile storage), are routed to the Fire Department to ensure compliance with the City-adopted Fire and Wildland Urban Interface Codes.
Consultant will provide detailed daily updates on the status of all plan checks received and processed to date in a format acceptable to the City.
Key representatives from the firm must attend monthly meetings (or as required) with City of Oxnard staff to evaluate the performance of their services.
At the request of the City, a key plan checker representative from the Consultant team may be stationed at the City to perform plan checking duties for at least 1 day per week.
The representative will have an assigned workstation with City-issued email and desk phone to respond to customer inquiries.
Review turnaround time will be no more than 20 working days for each plan check, inclusive of transit time to and from the City’s pickup and drop-off location(s), and 10–15 working days for small- and medium-sized projects and re-checks.
The City will make plans, paper and/or digital, available to the consultant for pickup/download. The work required for pickup/download shall be at no additional cost to the City. The schedule will be as agreed upon with the Project Manager.
The firm shall not provide consulting services to private sector agencies/developers submitting plans or maps to the City of Oxnard nor engage in activities that could be construed as a conflict of interest with this agreement for professional services.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and JASON ADDISON SMITH CONSULTING, INC.)
SCHEDULE OF COMPENSATION
FEE SCHEDULE
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and JASON ADDISON SMITH CONSULTING, 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.
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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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary i nsurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect t o the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to com ply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
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.
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Indianapolis, Indiana 462500-4299 US
Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days pri or written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
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Signature
(original signature required)
Telephone: ( ) Date Signed
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and JASON ADDISON SMITH CONSULTING, 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 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 s hall 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 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 WILLDAN ENGINEERING
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Willdan Engineering. (“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 Qualifications (RFQu 26-63), seeking Professional Services to provide Building, Fire, and Engineering Plan Check and Inspection services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFQu which the City has reviewed and evaluated in accordance with the standards set forth in the RFQu; and
WHEREAS, the City desires at this time to implement the project; 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 fire plan checks and 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.
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Fire Department plan check services for construction.
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.
Willdan Engineering, a corporation of the State of California, located at 374 Poli Street, Suite 101, Ventura, CA 93001.
4. TERM OF AGREEMENT: From (Date): July 1, 2026 To (Date): June 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (2) two-year term extension, 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.
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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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: Karsten Guthrie
Title: Assistant Fire Chief
Phone: (805) 385-7704
Email: [email protected]
Address:360 W. Second Street, Oxnard
CA 93030
Consultant Designated Representative
Name: jamie Bruccoleri,
Title: Project Manager
Phone: (310) 623-9930
Email: [email protected]
Address:374 Poli Street, Suite 101,
Ventura, CA 93001.
7. 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.
8. 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.
9. 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.
10. 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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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.
11. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises 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.
12. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. 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.
13. TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 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.
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14. [RESERVED]
15. 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.
16. 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.
17. 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 181
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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.
18. 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.
19. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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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 term of this Agreement and for a period of two (2) years after the termination of this Agreement.
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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.
20. 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.
21. 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.
22. 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.
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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.
23. 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 185
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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.
24. 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.
25. [INTENTIONALLY OMITTED]
26. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit E.
27. 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 186
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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.
28. 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.
29. 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.
30. 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 187
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the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
31. 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.
32. 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.
33. 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.
34. 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. 188
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35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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 189
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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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
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47. 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.
48. 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.
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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 WILLDAN ENGINEERING
☐Luis A. Mc Arthur, Mayor1 Date Patrick Johnson Date ☐Libertad Macias, Purchasing Manager2 Vice President
Kate Nugyen 3 Date
Secretary
ATTEST:
__________
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________ __________
Stephen M. Fischer, Date Karsten Guthrie Date
City Attorney (always required) Assistant Fire Chief
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 WILLDAN ENGINEERING)
SCOPE OF SERVICES
PROJECT MANAGER: Jessica J Smith, (805) 385-7795, [email protected]
Fire Plans Checks required for fire-rated construction; fire suppression systems of all types; fire alarm systems; mechanical smoke control systems; exiting (including exit signs and emergency lighting); development projects subject to the Wildland Urban Interface code requirements; and all high-rise construction (new and existing). Review and analysis of civil site and utility plans for apparatus access, fire suppression features, and water supply. Plans, including new work that triggers separate Fire Department permits (such as storage or use of hazardous materials, public assembly occupant loads, and high-pile storage), are routed to the Fire Department to ensure compliance with the City-adopted Fire and Wildland Urban Interface Codes.
Consultant will provide detailed daily updates on the status of all plan checks received and processed to date in a format acceptable to the City.
Key representatives from the firm must attend monthly meetings (or as required) with City of Oxnard staff to evaluate the performance of their services.
At the request of the City, a key plan checker representative from the Consultant team may be stationed at the City to perform plan checking duties for at least 1 day per week.
The representative will have an assigned workstation with City-issued email and desk phone to respond to customer inquiries.
Review turnaround time will be no more than 20 working days for each plan check, inclusive of transit time to and from the City’s pickup and drop-off location(s), and 10–15 working days for small- and medium-sized projects and re-checks.
The City will make plans, paper and/or digital, available to the consultant for pickup/download. The work required for pickup/download shall be at no additional cost to the City. The schedule will be as agreed upon with the Project Manager.
The firm shall not provide consulting services to private sector agencies/developers submitting plans or maps to the City of Oxnard nor engage in activities that could be construed as a conflict of interest with this agreement for professional services.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
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.
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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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary i nsurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect t o the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to com ply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
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.
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Indianapolis, Indiana 462500-4299 US
Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days pri or written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
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Signature
(original signature required)
Telephone: ( ) Date Signed
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and WILLDAN ENGINEERING)
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 s hall 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 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 M6 CONSULTING, INC.
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of M6 Consulting, 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 Qualifications (RFQu 26-63), seeking Professional Services to provide Building, Fire, and Engineering Plan Check and Inspection services; and
WHEREAS, Consultant submitted a proposal (the “Proposal”) in response to the RFQu which the City has reviewed and evaluated in accordance with the standards set forth in the RFQu; and
WHEREAS, the City desires at this time to implement the project; 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 fire plan checks and 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.
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Fire Department plan check services related to construction.
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.
M6 Consulting, Inc., a corporation of the State of California, located at 893 Patriot Drive, Unit E, Moorpark, CA 93021.
4. TERM OF AGREEMENT: From (Date): July 1, 2026 To (Date): June 30, 2029
A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (2) two-year term extension, 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: $2,000,000.00.
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
Exhibit E: Iran Contracting Certification
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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: Karsten Guthrie
Title: Assistant Fire Chief
Phone: (805) 385-7704
Email: [email protected]
Address: 360 W. Second Street, Oxnard
CA 93030
Consultant Designated Representative
Name: Robert Woodward, PE, CASP
Title: Principal Engineer/Project Mngr.
Phone: (805) 379-1015
Email: [email protected]
Address: 893 Patriot Dr., Unit E,
Moorpark, CA 93021
8. CONTRACTUAL PREREQUISITES. 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 Revenue Service. If any sales tax is due for the Services performed by 208
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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 Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
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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 civil and/or criminal penalties under the City’s Code and/or under state law. All work 210
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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 prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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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 term of this Agreement and for a period of two (2) years after the termination of this Agreement.
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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 such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
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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”, 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 214
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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 OMITTED]
27. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit E.
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 215
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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 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 216
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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 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. 217
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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 218
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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.
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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 M6 CONSULTING, INC.
☐Luis A. Mc Arthur, Mayor1 Date Robert P. Woodward, CEO Date ☐Libertad Macias, Purchasing Manager2
Masoud Mahmoud, CFO 3 Date
ATTEST:
__________
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________ __________
Stephen M. Fischer, Date Karsten Guthrie Date
City Attorney (always required) Assistant Fire Chief
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 M6 CONSULTING, INC.)
SCOPE OF SERVICES
PROJECT MANAGER: Jessica J Smith, (805) 385-7795, [email protected]
Fire Plans Checks required for fire-rated construction; fire suppression systems of all types; fire alarm systems; mechanical smoke control systems; exiting (including exit signs and emergency lighting); development projects subject to the Wildland Urban Interface code requirements; and all high-rise construction (new and existing). Review and analysis of civil site and utility plans for apparatus access, fire suppression features, and water supply. Plans, including new work that triggers separate Fire Department permits (such as storage or use of hazardous materials, public assembly occupant loads, and high-pile storage), are routed to the Fire Department to ensure compliance with the City-adopted Fire and Wildland Urban Interface Codes.
Consultant will provide detailed daily updates on the status of all plan checks received and processed to date in a format acceptable to the City.
Key representatives from the firm must attend monthly meetings (or as required) with City of Oxnard staff to evaluate the performance of their services.
At the request of the City, a key plan checker representative from the Consultant team may be stationed at the City to perform plan checking duties for at least 1 day per week.
The representative will have an assigned workstation with City-issued email and desk phone to respond to customer inquiries.
Review turnaround time will be no more than 20 working days for each plan check, inclusive of transit time to and from the City’s pickup and drop-off location(s), and 10–15 working days for small- and medium-sized projects and re-checks.
The City will make plans, paper and/or digital, available to the consultant for pickup/download. The work required for pickup/download shall be at no additional cost to the City. The schedule will be as agreed upon with the Project Manager.
The firm shall not provide consulting services to private sector agencies/developers submitting plans or maps to the City of Oxnard nor engage in activities that could be construed as a conflict of interest with this agreement for professional services.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and M6 CONSULTING, INC.)
SCHEDULE OF COMPENSATION
Hourly Plan Check Services:
Hourly*
Plan Review Fee $140.00
Revision to Approved Plans $140.00
Virtual Over the Counter Review $140.00
Project Scoping and Development Review $140.00
* One – hour minimum fee will be billed for hourly plan review services.
m6 Hourly Services:
Certified Plan Review Engineer $140.00
Electrical Reviewer $140.00
Mechanical Reviewer $140.00
Structural Reviewer $140.00
Civil Reviewer .......................................................................... ..... $140.00 Encroachment Permit Engineer $140.00
Fire Protection Specialist
$140.00
Fire Protection Engineer ............................................................................. $175.00 Hydrolog y/Hydraulic Review $175.00
Onsite Wastewater Review
$225.00
Map Review $225.00
Traffic Review $225.00
Soils/Geotechnical Review
$225.00
Principal Engineer $225.00
Community Development Analyst $125.00
Senior Permit Technician $95.00
Permit Technician $75.00
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Building Official $145.00
Inspector of Record $125.00
Senior Building Inspector $117.00
Building Inspector $100.00
Assistant Building Inspector $85.00
CASp Certified Professional
$120.00
Public Works Inspector $125.00
* Rates are increased by a factor of 1.5 times for overtime, and for holiday and weekend assignments. All rates are subject to a 3.5% or Consumer Price Index (CPI) whichever is greater increase annually on July 1 st
Miscellaneous Charges: Hourly
Administration $75.00
Direct Costs Cost+15%
Outside Reproduction Cost +15%
Materials & Expenses Cost + 15%
Mileage (Portal to Portal) …………………………………………………………………………………………… Current IRS Rate
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and M6 CONSULTING, 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.
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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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary i nsurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect t o the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to com ply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
AUTHORIZED REPRESENTATIVE
❒ Broker/Agent ❒ Underwriter ❒
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PMB 5210
Indianapolis, Indiana 462500-4299 US
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ❒ Included in Limits
❒ In Addition to Limits
Telephone: ❒ Deductible ❒ Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. ❒ Per Occurrence ❒ Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❒ in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
❒ COMMERCIAL AUTO POLICY
❒ BUSINESS AUTO POLICY
❒ OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days pri or written notice by receipted delivery has been given to the City.
PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
AUTHORIZED REPRESENTATIVE
❒ Broker/Agent ❒ Underwriter ❒
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8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and M6 CONSULTING, 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 ho ur 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 rea dily 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 July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and M6 CONSULTING, INC.)
IRAN CONTRACTING CERTIFICATION
[Certification on next page]
235
List of Consultants Submitting Proposals, RFQ #26-63 ● 4LEAF, Inc. ● BPR Consulting Group LLC ● Bureau Veritas ● CivilSource, Inc., NV5 ● CSG Consultants, Inc. ● Interwest Consulting Group ● JAS Pacific ● M6 Consulting Inc. ● Shums Coda Associates, Inc ● Transtech Engineers, Inc. ● True North Compliance Services, Inc. ● Willdan Engineering
236
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: July 7, 2026
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Deferred Development Impact Fee Agreement for Cypress Place at Garden City Project, Phase II.
RECOMMENDATION
That the Oxnard City Council approve and authorize the Mayor to execute an agreement with Cypress Place at Garden City, L.P. (A-8618) deferring development impact fees, until the time of final inspection or the date the certificate of occupancy is issued, whichever comes first, in the amount of $679,401.32 for the Cypress Place at Garden City, Phase II, Project (PZ 20-200-14 -Development Design Review Permit).
BACKGROUND
On February 3, 2021, pursuant to Oxnard City Code (OCC) Section 16-148, the Community Development Director approved a request for a Development Design Review Permit (DDRP) to authorize the construction of 228,054 square- foot, six (6) three-story residential building, all affordable apartment complex with 150 unit residential units on a 5.22- acre project site, located at 5536 & 5482 Cypress Road (APNs: 223-0-041-020 & 223-0-090-015). Associated improvements include onsite parking spaces, a common learning-community room, open play areas, common use areas including BBQ areas, community gardens, and a dog park, as well as access to Garden Acres Park. The construction of the Project is composed of two phases (Phase I and II).
On February 18, 2021, the Planning Commission approved a Density Bonus Permit to allow for two concessions for the Project. All appeals have ended for the development project and plans have been submitted for building plan check. The application also included the submission of a Senate Bill 330 Preliminary Application. Pursuant to SB 330, a housing development project shall "only be subject to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted". Ordinances, policies, and standards, include a general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
On June 29, 2023, the City Council approved and authorized the Mayor to execute Agreement No. A-8529 with Cypress Place at Garden City, L.P., deferring development impact fees for Phase I of the project until final inspection or certificate of occupancy. The executed agreement was recorded on August 28, 2023, by the County of Ventura. Development impact fees for Phase I were paid on December 4, 2025, and certificates of occupancy for the 90 constructed units were issued on April 23, 2026. The proposed deferral of the fees as presented is for Phase II, which includes the construction of three 3- story residential apartments, the common learning-community room and 11,757 square feet of common open spaces.
DISCUSSION
Because the Cypress Place at Garden City project is an affordable housing project, the developer has the right to request that the City defer payment of specific fees and charges for the project until the date of the final inspection, or until the date the certificate of occupancy is issued for each building (whatever occurs first). State law mandates that the City defer these fees and charges upon request (Government Code Section 66007). The statute, however, authorizes the City to 237
require that the developer enters into a binding agreement that will be recorded against the property to help secure payment of the fees and charges. In addition, the City can require that the developer post a letter of credit or performance bond as additional security that the developer will pay the fees and charges. Consistent with Government Code section 66007(c)(2)(B), the annual reporting requirement to the county auditor for unpaid deferred fees is inapplicable to this project. The City requires (and the applicant will post) a letter of credit to guarantee payment of the deferred impact fees prior to building permit issuance. Additionally, as a 100% affordable project with the required recorded regulatory agreement, the reporting provisions of section 66007(c)(2)(B)(iii) do not apply.
The City has prepared an Agreement Affecting Real Property/Deferral of Impact Fees (Attachment 1) to facilitate the deferral of the development impact fees in the amount of $679,401.32. The final fee amounts shall be reflected in the agreement prior to finalizing the agreement. The agreement will secure the developer’s obligation to pay the deferred City fees and charges and will be executed prior to the issuance of Building Permits. City staff is requesting that the Mayor be given authority to execute the agreement on behalf of the City.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on April 30, 2026.
FINANCIAL IMPACT
The deferral of the fees simply means the fees will be paid to the City at a later date. The fees due for the development will be paid by the developer prior to occupancy of the residential units.
COMMITTEE OUTCOME
This item did not originate in Committee as the DDRP for the all affordable project was originally approved by the Community Development Director on February 3, 2021 and a Density Bonus Permit was subsequently approved at a public hearing by the Planning Commission on February 18, 2021. Also, pursuant to Government Code Section 66007, the City must allow for the deferral of these fees and charges upon request.
Prepared by: Juan Carlos Torres, Associate Planner
ATTACHMENTS
1. Agreement Affecting Real Property - Deferral of Impact Fees (Cypress Apartments) (A-8618)
238
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Oxnard City Clerk’s Office 300 West Third Street Oxnard, California 93030 No Recording Fee Required in Accordance with Government Code Section 6103
A- 8618 (Space Above for Recorder’s Use Only) AGREEMENT AFFECTING REAL PROPERTY DEFERRAL OF IMPACT FEES This AGREEMENT AFFECTING REAL PROPERTY DEFERRAL OF IMPACT FEES is
made
and
entered
into
this
____
day
of
____,
2026,
by
and
between
Cypress
Place
at
Garden
City,
L.P.,
a
California
limited
partnership
(“Owner”),
and
the
City
of
Oxnard,
a
California
Municipal
Corporation
(“City”).
WHEREAS, Owner is the owner of that certain property located in the City of Oxnard, County
of
Ventura,
State
of
California
that
is
more
fully
described
in
Exhibit
A,
which
is
attached
hereto
and
incorporated
herein
by
this
reference;
and
WHEREAS, Owner has received approval to develop the Property pursuant to Planning and
Zoning
Permit
Nos.
20-200-14
(Development
Design
Review)
and
20-535-02
(Density
Bonus
Permit)
(hereinafter,
the
“Project”);
and
WHEREAS, Owner has requested that the City defer specific impact fees associated with the
Project,
as
specified
in
Exhibit
B,
which
is
attached
hereto
and
incorporated
herein
by
the
reference
(hereinafter,
the
“Fees”);
and
WHEREAS, pursuant to Government Code Section 66007, subd. (a), the City shall not require
the
payment
of
the
Fee
until
the
date
of
the
final
inspection
or
the
date
the
certificate
of
occupancy
is
issued,
whichever
occurs
first;
and
Agreement # A-8618
239
WHEREAS, pursuant to Government Code Section 66007, subd. (c), if the Fees are not fully
paid
prior
to
issuance
of
a
building
permit
for
construction
of
any
portion
of
the
Project,
the
City
may
require
the
Owner
to
execute
a
contract
to
secure
payment
of
the
Fees;
WHEREAS, pursuant to Government Code Section 66007, subd. (b)(2)(A), if the Fees are
not
fully
paid
prior
to
issuance
of
a
building
permit
for
construction
of
any
portion
of
the
Project,
the
City
also
may
require
that
the
Owner
post
a
performance
bond
or
a
letter
of
credit
from
a
federally
insured,
recognized
depository
institution
to
guarantee
payment
of
the
Fees.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, promises,
and
agreements
herein
contained,
and
for
other
good
and
valuable
consideration,
the
receipt
and
sufficiency
of
which
is
hereby
acknowledged
and
agreed,
the
parties
hereto
do
hereby
agree
as
follows:
1. The Recitals above are true and correct and constitute an enforceable provision of this Agreement.
2. Owner acknowledges that it owes the City the sum of Six Hundred Seventy Nine Thousand
Four
Hundred
One
Dollars
and
Thirty
Two
Cents
($679,401.32)
for
the
Fees
identified
in
Exhibit
B.
To
secure
the
payment
of
said
Fees,
Owner
hereby
grants
a
lien
to
City
in
the
Property.
3. In addition, prior to the issuance of any building permit for the Project, Owner shall post a
letter
of
credit
from
a
federally
insured,
recognized
depository
institution
to
guarantee
payment
of
the
Fees.
At
its
sole
discretion,
City
may
authorize
as
an
alternative
to
the
letter
of
credit
a
performance
bond
issued
by
a
California
admitted
surety.
4. Owner agrees to pay all the applicable deferred Fees identified in Exhibit B to the City for
each
building
that
constitutes
part
of
the
Project
on
or
before
the
date
of
final
inspection
or
the
date
a
Certificate
of
Occupancy
is
issued
for
that
particular
building
that
constitutes
part
of
the
Project,
whichever
occurs
first.
Deferred
utility
fees
not
associated
with
any
specific
building
on
the
Property
(such
as
irrigation
water
meters)
shall
be
paid
prior
to
the
activation
of
the
utility
service
by
the
City.
5. Owner acknowledges and agrees that if the fees owed to the City pursuant to this Agreement
are
not
paid
when
due,
then
the
City
is
authorized
to
foreclose
on
its
lien
against
the
property,
call
the
performance
bond
or
letter
of
credit
and/or
seek
all
available
remedies
in
equity
or
at
law.
ln
addition,
if
the
water
and/or
sewer
fees
payable
pursuant
to
the
terms
of
this
Agreement
are
not
paid
when
due,
the
Owner
acknowledges
and
agrees
that
the
City
is
authorized
to
disconnect
water
and
sewer
services
to
the
specific
buildings
on
the
property
identified
in
Exhibit
B
for
which
water
and/or
sewer
fees
have
not
been
timely
paid.
6. Owner further agrees to comply with all requirements and provisions of the Oxnard City Code.
Agreement
#
A-8618
240
7. If Owner fails to pay the deferred Fees when due, Owner agrees that the final inspection or
issuance
of
the
Certificate
of
Occupancy
shall
be
null
and
void
and
shall
have
no
legal
force
or
effect.
8. This Agreement shall be governed by and construed and enforced under the Constitution and
laws
of
the
State
of
California.
Venue
for
any
legal
actions
involving
this
Agreement
shall
solely
rest
with
the
Superior
Court
in
the
County
of
Ventura.
9. The waiver by any party of any breach or violation of any term, covenant, or condition of this
Agreement
or
of
any
provisions,
ordinance
or
law
shall
not
be
deemed
to
be
a
waiver
of
such
term,
covenant,
condition,
ordinance
or
law
or
any
subsequent
breach
or
violation
of
the
same
or
of
any
other
term,
covenant,
condition,
ordinance
or
law.
Waiver
shall
not
be
deemed
effective
until
and
unless
signed
by
the
waiving
party.
10. This Agreement shall be binding upon and inure to the benefit of the parties and their respective
successors
and
assigns.
11. This Agreement shall not be amended, modified, or otherwise changed unless in writing and
signed
by
both
parties
hereto.
12. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void,
or
unenforceable,
the
remainder
of
the
provisions
of
this
Agreement
shall
remain
in
full]
force
and
effect
and
shall
in
no
way
be
affected,
impaired,
or
invalidated.
13. This Agreement constitutes the complete, entire, exclusive, and final agreement and understanding
between
the
parties
as
to
the
subject
matter
herein,
superseding
all
negotiations,
prior
discussions,
and
preliminary
agreements
or
contemporaneous
understandings,
written
or
oral.
14. The person or persons executing this Agreement on behalf of the parties hereto warrants and
represents
that
he/she/they
has/have
the
authority
to
execute
this
Agreement
on
behalf
of
their
entity
and
has/have
the
authority
to
bind
their
party
to
the
performance
of
its
obligations
hereunder.
15. This Agreement may be executed in one or more counterparts with each counterpart being
deemed
an
original.
No
counterpart
shall
be
deemed
to
be
an
original
or
presumed
delivered
unless
and
until
the
counterparts
executed
by
the
other
parties
hereto
are
in
the
physical
possession
of
the
party
or
parties
seeking
enforcement
thereof.
[Signatures on next page]
Agreement
#
A-8618
241
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first
above
written.
THE CITY:
CITY OF OXNARD, a public body,
corporate
and
politic
Date:________________________ By:_________________________________
Luis
A.
Mc
Arthur,
Mayor
ATTEST:
By:______________________________
Lourdes
A.
L
ó
pez,
City
Clerk
APPROVED AS TO FORM:
By:______________________________
Stephen
M.
Fischer,
City
Attorney
[Signatures continue on next page]
Agreement
#
A-8618
242
OWNER: Cypress Place at Garden City, L.P., a California Limited Partnership By: Cypress Place at Garden City LLC, a California Limited Liability Company, its General Partner By: Peoples’ Self-Help Housing Corporation, a California Nonprofit Public Benefit Corporation, its sole member and manager By:______________________ Kenneth Trigueiro, Chief Executive Office and President
Agreement
#
A-8618
243
Exhibit A Legal Descriptions
For APN/Parcel ID(s): 223-0-041-050 and 223-0-041-075
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF OXNARD, COUNTY
OF
VENTURA,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THOSE PORTIONS OF LOT 12 AND LOT 13, AS SAID LOTS ARE DESIGNATED UPON THAT
CERTAIN
MAP
ENTITLED “MAP OF GARDEN CITY ACRES BEING A SUBDIVISION OF LOT A AND A
PORTION
OF
LOTS
C
AND
D
OF SUBDIVISION 83, RANCHO EL RIO DE SANTA CLARA O’ LA COLONIA,
VENTURA
COUNTY,
CAL.”,
IN
THE
COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER
OF
SAID VENTURA COUNTY IN BOOK 11, PAGES 104 AND 105 OF MISCELLANEOUS
RECORDS
(MAPS),
DESCRIBED
AS FOLLOWS:
THOSE PORTIONS OF PARCEL A AND PARCEL B AS DESCRIBED IN THE GRANT DEED
RECORDED
OCTOBER
15, 2020 AS INSTRUMENT NO. 20201015-00170280-0, OF OFFICIAL RECORDS OF SAID
COUNTY,
LYING
NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, THENCE
SOUTHERLY
ALONG
THE
WESTERLY
LINE OF SAID LOT 12, SOUTH 0°02' EAST 98.00 FEET TO THE POINT OF BEGINNING;
THENCE,
LEAVING
SAID
WESTERLY LINE,
1ST - NORTH 89°59’58” EAST 87.51 FEET; THENCE,
Agreement
#
A-8618
244
2ND - SOUTH 00°00’02” EAST 74.18 FEET; THENCE,
3RD - NORTH 89°59’58” EAST 154.30 FEET; THENCE,
4TH - NORTH 48°57’44” EAST 37.15 FEET; THENCE,
5TH - NORTH 00°00’02” WEST 93.80 FEET; THENCE,
6TH - NORTH 89°59’58” EAST 120.90 FEET; THENCE,
7TH - NORTH 48°57’44” EAST 144.60 FEET; THENCE,
8TH - NORTH 00°01’00” WEST 99.38 FEET TO THE NORTHERLY LINE OF SAID PARCEL
B.
SAID LAND IS SHOWN AS LOT 2 OF LOT LINE ADJUSTMENT NO. OXLLA-20-310-09,
RECORDED
MARCH
13,
2023
AS INSTRUMENT NO. 2023000018527 OF OFFICIAL RECORDS OF SAID COUNTY.
PARCEL B:
A NONEXCLUSIVE EASEMENT, FOR INGRESS AND EGRESS AND PUBLIC UTILITY
PURPOSES,
OVER
THE
WEST
300 FEET OF THE SOUTH 16 FEET OF THE NORTH 266.95 FEET OF LOT 13, GARDEN CITY
ACRES,
IN
THE
COUNTY OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP
RECORDED
IN
BOOK
11,
PAGES
104
AND 105 OF MISCELLAENOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID
COUNTY.
EXCEPT THE EAST 170 FEET OF THE SOUTH 8 FEET THEREOF.
PARCEL C:
NON-EXCLUSIVE EASEMENTS FOR THE USE OF THE DRIVEWAY AND PARKING
FACILITIES
FOR
VEHICULAR
AND PEDESTRIAN ACCESS, PEDESTRIAN INGRESS AND EGRESS OVER THE PAVED
WALKWAYS,
SEWER,
STORM DRAIN, AND UTILITY PURPOSES, AS GRANTED IN THE RECIPROCAL
EASEMENT,
JOINT
USE
AND
MAINTENANCE AGREEMENT RECORDED MAY 30, 2024 AS INSTRUMENT NO.
Agreement
#
A-8618
245
2024000033419, OFFICIAL
RECORDS OF SAID COUNTY. SUBJECT TO THE TERMS AND CONDITIONS SHOWN
THEREIN,
APN 223-0-041-050, APN 223-0-041-075
Agreement
#
A-8618
246
Exhibit B
Agreement
#
A-8618
247
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: July 7, 2026
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Professional Services Agreements for Planning Consulting Services with Rincon Consultants, CSG Consultants, Inc., and Veronica Tam and Associates, Inc.
RECOMMENDATION
That the City Council:
1. Authorizes the Mayor to execute Professional Services Agreements with Rincon Consultants (Agreement No. 32700018) and CSG Consultants, Inc., (Agreement No. 32700019) for $500,000 each with a term of three (3) years with an option for two (2), one (1) year extensions for professional planning consulting services;
2. Authorizes the Mayor to execute Professional Services Agreement with Veronica Tam and Associates, Inc. (Agreement No. 32700020) for professional planning consulting services in the specialized area of Regional Housing Needs Assessment (RHNA) support for a term of three (3) years with an option for two (2), one (1) year extensions in the amount of $250,000; and
3. Authorize a Fiscal Year 2026-27 budget appropriation in the amount of $100,000 from the General Fund (101) fund balance, made available from General Plan Maintenance fee (GPMF) revenue received from prior fiscal years' to date, to fund the preliminary work necessary for the upcoming 7th cycle RHNA/Housing Element update.
(The Community Services, Public Safety, Housing and Development Committee approved 2-0 on June 23, 2026.)
BACKGROUND
Community Development has been utilizing professional planning consulting services in an effort to mitigate staff shortages, project complexity, or timeframes to complete a project or plan, and to address legislative mandates.
The City issued a Request for Proposals (RFP) in February 2021 for On-call Permit Processing and Planning Services.
Two firms were selected and over the duration of the contract and contract extension terms, contract value was added.
These contracts are set to expire on June 30, 2026.
DISCUSSION
In March 2026, the City issued an RFP for professional planning consulting services. The City received five (5) proposals from Rincon Consultants; CSG Consultants, Inc; Interwest Consulting; PlaceWorks; and Veronica Tam & Associates.
The City RFP review team was composed of the Planning & Environmental Services Manager, Planning & Sustainability Manager, and the City's current planning, Planning Supervisor. These review team members were selected due to their extensive professional planning experience. The City review team recommends that the City enter into contracts with the identified three (3) consultant firms - Rincon Consultants, CSG Consultants, and Veronica Tam & Associates.
Given that 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 248
consultant, by consultants that have available capacity when the work is required, and by the consultant with the most technical experience.
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 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 RFP. Both Rincon and CSG are existing consultants who have extensive work with the City.
Veronica Tam Associates was selected due to her extensive experience in foundational work supporting Long Range and Sustainability projects and programs.
For the Current Planning Division, over the past few years, contract planners have been utilized to work primarily on “deposit-based” permits, which may include environmental work. Deposit-based permits, means the cost of the contract planners is 100% covered by the applicant. Some examples of projects assigned or completed by contract planners include:
• Sakioka Farms Implementation and Monitoring
• Wagon Wheel (Oxnard Boulevard & Wagon Wheel Road)
• Oxnard Aquatics Center
• Campus Park Activation Project
• Lockwood 3 Apartments Project
• Fire Stations 2 and 3 Remodel Projects
The Long Range Planning & Sustainability Division would use the selected consultants on an as-needed basis. In reviewing upcoming projects and regional forward planning timeframes, the selected consulting firm(s) would help advance projects such as RHNA implementation, reporting, and monitoring; and the pre-RHNA (7th cycle) Housing Element work efforts and specialized technical housing and development project data request mandated by SCAG and the State of California, Department of Housing and Community Development (HCD). The selected consulting firms will also be used to assist with the City’s energy quantification and metrics (related to the City’s Climate Action and Adaptation Plan (CAAP)); and policy programs and approaches in keeping with legal trends, state laws, and best practices.
The Current Planning Division would use the selected consultants on an as-needed basis only, if the work cannot be accomplished by existing staff, for a variety of reasons. Staff capacity is re-evaluated at the time each new project is submitted or if a staff member is lost, to ensure we are able to comply with established state deadlines and City processing goals. It is critical to have the ability to increase staffing on demand as per state law. There are strict processing deadlines that, if missed, would result in adverse impacts to the City.
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.
FINANCIAL IMPACT
Planning collects permit revenue which helps to offset the contract expenses and their impact to the General Fund.
Additionally, grant funds have the potential to offset contract planning staff hours. The FY2026-27 recommended budget includes sufficient appropriations in the City’s Community Development Department’s General Fund (101) operating budget as well as existing funding available from various project accounts to fund the agreements with Rincon Consultants and CSG Consultants, Inc. Approval of the agreement with Tam and Associates requires a $100,000 budget appropriation, based on the estimated spending plan for FY 2026-27, from the City’s General Fund (101) fund balance, funded by GPMF revenues. GPMF revenue collected over prior fiscal years’ to date and not yet appropriated is approximately $1.4 million. GPMF revenue is collected at the issuance of building permits, therefore, additional GPMF will be received throughout the fiscal year, which will increase the amount available for future appropriation. 249
(For Finance Use Only: General Fund (Org. 1014101 Obj. 53200) Project MXXXX)
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing and Development Committee approved 2-0 on June 23, 2026, to approve the staff recommendation and to forward for Council approval.
The Measure M Video recorded for the Committee meeting can be viewed online at the following link: https://www.youtube.com/watch?v=tJm6lo-pLX4.
The Committee meeting of June 23, 2026, can be viewed online at the following link:
https://www.youtube.com/watch?v=qDOHhAQsUpw.
Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager, Kathleen Mallory, Planning & Sustainability Manager
ATTACHMENTS
1. Draft Agreement #32700018 with Rincon Consultants
2. Draft Agreement #32700019 with CSG Consultants, Inc
3. Draft Agreement #32700020 with Veronica Tam and Associates, Inc
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
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276
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288
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321
322
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334
335
336
337
338
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: July 7, 2026
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Project Name: Fire Station No. 3, a reconstruction of an existing fire station located at 150 Hill Street (APN: 203-0-120-130).
RECOMMENDATION
That the City Council:
1. Adopt the proposed Ordinance No. 3077 titled: AN ORDINANCE OF THE CITY COUNCIL APPROVING PLANNING AND ZONING PERMIT NO. 24-570-02 (ZONE CHANGE) TO ALLOW FOR THE
CONSTRUCTION OF A NEW TWO-STORY FIRE STATION AND RELATED IMPROVEMENTS LOCATED ON THE EXISTING 0.66-ACRE PROPERTY AT 150 HILL STREET (APN: 203-0-120-130).; and
2. Adopt the proposed Ordinance No. 3079 titled : AN ORDINANCE OF THE CITY COUNCIL APPROVING PLANNING AND ZONING PERMIT NO. 24-580-03 (ZONE TEXT AMENDMENT) TO APPROVE AMENDMENTS TO THE OXNARD CITY CODE (OCC) CHAPTER 16 §SEC. 16-264. LOT COVERAGE TO
MODIFY LOT COVERAGE ALLOWED IN THE COMMUNITY RESERVE (C-R) ZONE TO ALLOW FOR
THE CONSTRUCTION OF A NEW TWO-STORY FIRE STATION AND RELATED IMPROVEMENTS LOCATED ON THE EXISTING 0.66-ACRE PROPERTY AT 150 HILL STREET (APN: 203-0-120-130).
(This item did not originate in Committee.)
BACKGROUND
The ordinances (Attachments 2 and 3) will be introduced by the City Council at its June 30, 2026, meeting. Following a public hearing, the Council will consider certifying the Final IS/MND No 25-03 and will introduce the ordinances for first reading by title only, waiving further reading. The Council has not considered these items at the time of the posting of this agenda. Provided Council takes that action, at the July 7th meeting, if adopted by Council, the ordinance will take effect thirty days thereafter.
The ordinances are a result of a Project for the replacement of Fire Station No. 3 at 150 Hill Street. The Project requires a request for a Zone Change from Multiple Family Residential (R2) to Community Reserve (CR), a general plan amendment to change the land use designation from Residential Low Medium (RLM) to Public Semi Public (PSP), and a Zone Text Amendment to allow for increased lot coverage subject to a Special Use Permit (SUP).
This project was heard (and approved) by the Planning Commission on April 2, 2026. The Planning Commission took action and recommended approval of the ordinances.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community. 339
FINANCIAL IMPACT
There is no financial impact associated with this agenda item. A future agenda item (or items) will be brought before the City Council for the approval of an appropriate funding mechanism for the Project construction costs.
COMMITTEE OUTCOME
This was a Public Hearing and was reviewed by the Planning Commission. Additionally, this is a follow-up action of the City Council originating from their June 30, 2026, hearing, therefore this item did not originate in Committee.
Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager
ATTACHMENTS
1. June 30, 2026, CC Staff Report-(without Attachments)
2. Ordinance Approving PZ 24-570-02 (Zone Change)
3. Ordinance Approving PZ 24-580-03 (Zone Text Amendment)
340
341
342
343
ORDINANCE NO. 3077 ORDINANCE OF THE CITY COUNCIL APPROVING PLANNING AND ZONING
PERMIT
NO.
24-570-02
(ZONE
CHANGE)
TO
ALLOW
FOR
THE
CONSTRUCTION
OF
A
NEW
TWO-STORY
FIRE
STATION
AND
RELATED
IMPROVEMENTS
LOCATED
ON
THE
EXISTING
0.66-ACRE
PROPERTY
AT
150
HILL
STREET
(APN:
203-0-120-130).
FILED
BY
CITY
OF
OXNARD
PUBLIC
WORKS
DEPARTMENT
ON
BEHALF
OF
THE
CITY
OF
OXNARD,
214
S.
C
STREET,
OXNARD,
CALIFORNIA
93030.
WHEREAS, on October 7, 2024, City of Oxnard Public Works Department (the “Applicant”
and/or
“Permittee”)
submitted
a
request
to
approve
Planning
and
Zoning
Permit
No.
24-570-02
(Zone
Change),
to
allow
for
the
construction
of
a
new
two-story
fire
station
3 and
related
improvements
located
on
the
existing
0.66-acre
property
at
150
Hill
Street
(“the
Project”).
The
Zone
Change
changes
the
subject
site
zoning
from
Residential
Multiple
Family
(R-2)
zone
to
Community
Reserve
(CR)
Zone,
as
identified
in
Exhibit
1;
and
WHEREAS, on October 7, 2024, the “applicant” also filed the following entitlement applications
with
the
City
of
Oxnard,
Special
Use
Permit
(PZ
24-500-07),
General
Plan
Amendment
(PZ
24-620-03),
Zone
Text
Amendment
(PZ
24-580-03),
and
Initial
Study/Mitigated
Negative
Declaration
(IS/MND)
No.
25-03;
and
WHEREAS, the City of Oxnard as the Lead Agency, has prepared Final IS/MND 25-03 in
accordance
with
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA,
Public
resources
Code
§
21000,
et
seq.),
the
regulations
promulgated
thereunder
(14
California
Code
of
Regulations,
§15000,
et
seq.,
CEQA
Guidelines),
and
the
City’s
Environmental
Review
Guidelines;
and
WHEREAS, pursuant to provisions of the California Environmental Quality Act and
CEQA
Guidelines,
Section
15063,
and
following
an
Initial
Study
and
environmental
assessment
of
possible
adverse
impacts,
the
project
will
not
have
a
significant
effect
on
the
environment
because
of
the
inclusion
of
certain
mitigation
measures
for
which
lessened
potential
adverse
impacts
to
a
level
of
less
than
significant.
Therefore,
the
Planning
Division
has
prepared
a
Mitigated
Negative
Declaration
with
mitigation
measures
and
monitoring
program
in
accordance
with
the
provisions
of
CEQA,
including,
without
limitation
CEQA
Guidelines
Sections
15070,
15071,
15072,
and
15073,
which
have
been
incorporated
as
conditions;
and
WHEREAS, a Notice of Intent to Adopt an Initial Study and Draft Mitigated Negative Declaration
(IS/MND)
(MND
No.
25-03)
for
the
Project
was
published
and
posted
on
October
27,
2025,
at
the
State
Office
of
Land
Use
and
Climate
Innovation
(LCI)
website
and
at
the
Ventura
County
Recorder’s
Office
pursuant
to
CEQA
Guidelines
Sections
15072
and
15073;
and
WHEREAS, the public comment period on the Draft IS/MND ran for thirty (30) days commencing
on
October
27,
2025
and
ending
on
November
26,
2025;
and
344
Ordinance No. 3077 (Planning and Zoning Permit No. 24-570-02) City Council Date: July 7, 2026 Page 2 of 5 WHEREAS, after the close of the comment period on the IS/MND, the IS/MND was modified
as
set
forth
in
Chapter
2 Response
to
Comments
of
the
Final
IS/MND
document;
and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the
State
CEQA
Guidelines,
the
City
has
prepared
Final
IS/MND
No.
25-03
containing
all
comments
received
on
the
Draft
IS/MND
written
responses
to
all
substantive
comments,
and
necessary
changes
to
the
text
of
the
Draft
IS/MND
No.
25-03;
and
WHEREAS, the Commission considered Final IS/MND No. 25-03 prior to taking action on
the
Project;
and
WHEREAS, the Planning Commission concurrently recommended the City Council approve
a
General
Plan
Amendment
for
the
project
site
(PZ
24-620-03);
and
WHEREAS, the Planning Commission concurrently recommended the City Council approve
a
Zone
Text
Amendment
(PZ
24-580-03);
and
WHEREAS, the Planning Commission is concurrent approved a Special Use Permit for the
project
site
(PZ
24-500-07);
and
WHEREAS, Section 16-581 of the Oxnard City Code authorizes the Planning Commission
to
recommend
the
action
to
be
taken
by
the
City
Council
on
the
application
for
a
Zone
Change;
and
WHEREAS, on April 2, 2026, the Planning Commission conducted a duly noticed public hearing
to
consider
the
Applicant’s
request
to
approve
Planning
and
Zoning
Permit
No.
24-570-02
(Zone
Change)
in
accordance
with
Sections
16-575
through
16-590
(Zone
Change)
of
the
Oxnard
City
Code;
and
WHEREAS, on June 30, 2026, the City Council conducted a duly noticed public hearing to
consider
the
Applicant’s
request
to
approve
Planning
and
Zoning
Permit
No.
24-570-02
(Zone
Change)
in
accordance
with
Sections
16-575
through
16-590
(Zone
Change)
of
the
Oxnard
City
Code;
and
WHEREAS, the City Council finds after due study and deliberation that the public interest
and
general
welfare
require
the
approval
of
a
Zone
Change
amending
the
City’s
Zoning
Ordinance
Map
to
change
the
zoning
of
the
project
site
from
Residential
Multiple
Family
(R-2)
zone
to
Community
Reserve
(CR)
Zone,
as
identified
in
Exhibit
1;
and
WHEREAS, the pursuit of the Zone Change is a reasonable exercise of the City’s police powers
to
ensure
the
continued
health,
safety,
and
welfare
of
the
public
by
providing
housing
opportunities
for
the
residents
of
the
City
of
Oxnard;
and